City of Smithville, MO
Clay County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 868 §A(1), 6-14-1982]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectfully ascribed to them by this Section:
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
INTOXICATING LIQUOR
The term "intoxicating liquor" as used in this Chapter shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of three and two-tenths percent (3.2%) of alcohol by weight.
QUALIFICATIONS
No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and taxpaying citizen of the State of Missouri, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the State of Missouri. In addition, said person or corporation must have received a resort license or temporary resort license as set out in Section 311.095, RSMo., (laws 1981).
RESORT
Any establishment having at least forty (40) rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food; or a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross food sales for the past two (2) years immediately preceding this application for license shall not have been less than one hundred thousand dollars ($100,000.00) per year; or a new restaurant establishment having been in operation for at least ninety (90) days preceding the application for such license, with a projected experience based upon its sale of food during the preceding ninety (90) days which would exceed not less than one hundred thousand dollars ($100,000.00) per year. Any new resort or restaurant establishment having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the resort or restaurant establishment can show a projection of an annual business from prepared meals or food which would exceed not less than one hundred thousand dollars ($100,000.00) per year.
SALE BY DRINK
The sale of any intoxicating liquor except malt liquor, in the original package, in any quantity less than one hundred seventy-seven (177) milliliters shall be deemed "sale by the drink", and may be made only by a holder of a retail liquors license under this Chapter, and when so made, the container in every case shall be emptied, and the contents thereof served as other intoxicating liquors sold by the drink are served.
[Ord. No. 868 §A(2), 6-14-1982]
Notwithstanding any other Smithville ordinance controlling alcoholic beverages to the contrary, any person who possess the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for and the Board of Aldermen may issue a license to sell intoxicating liquor, as in this Chapter defined, by the drink at retail for consumption on the premises of any resort as defined in this Chapter.
[Ord. No. 868 §A(3), 6-14-1982]
The application for license under this Chapter shall be made to the Board of Aldermen of the City of Smithville. Such application shall include copies of the license or temporary license granted by the State of Missouri under Section 311.095, RSMo., (Laws 1981).
[Ord. No. 868 §A(4), 6-14-1982]
As authorized in Section 311.200, RSMo., (amended by laws of 1981) and Section 311.220, RSMo., (Laws of 1939), an annual fee of four hundred fifty dollars ($450.00) is due and payable prior to the issuance of a license before July 1 of any calendar year. An application for a new license which is made after July 1 of any calendar year shall be three hundred dollars ($300.00). A license shall be renewed by January 5 of each year, but in no event shall a license be renewed until the annual fee has been paid.
[Ord. No. 868 §A(5), 6-14-1982]
No person having a license under this Chapter, nor any employee of such person, shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his premises, any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M., on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday, or after 1:30 A.M., upon the day of any general election in this State held on the first Tuesday after the first Monday in November of even numbered years and the primary election held preceding such general election. If the person has a license to sell intoxicating liquor by the drink, as granted pursuant to this Chapter, his premises shall be and remain a closed place as defined in this Chapter after 1:30 A.M. upon the day of any general election in this State held on the first Tuesday after the first Monday in November of even-numbered years and the primary election held preceding such general election and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday; except that the sale of intoxicating liquor may be resumed and the premises reopened on any such general or primary election day after the expiration of thirty (30) minutes next following the hour or time fixed by law for the closing of the polls at any such election. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed.
[Ord. No. 868 §§B-1,2, 6-14-1982]
A. 
Notwithstanding any other Smithville ordinances controlling alcoholic beverages to the contrary, any person who possesses the qualifications required by this Chapter and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the Board of Aldermen may issue, a separate license to sell intoxicating liquor, as defined in this Chapter, between the hours of 1:00 P.M. and midnight on Sunday by the drink at retail for consumption on the premises of any resort as defined in this Chapter.
B. 
As authorized in Sections 311.097 and 311.220, RSMo., (amended by laws of 1981) and Section 311.220, RSMo., (Laws of 1939), an annual fee of three hundred dollars ($300.00) is due and payable prior to the issuance of a license under this Section. This license shall be renewed by January 5 of each year.
[Ord. No. 868 §§C-1,2, 6-14-1982]
A. 
Any person, corporation, partnership, or business entity who violates the provisions of this Chapter shall be deemed guilty of a misdemeanor. It shall be deemed a separate violation for each day the business, person, corporation, or partnership conducts business in violation hereof.
B. 
The penalty upon conviction of violating this Chapter shall be not less than two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00). For the second and subsequent violations of this Chapter, the license or licenses issued pursuant to this Chapter or any other license relating to the sale of intoxicating alcohol or non-intoxicating alcohol issued by the City of Smithville, may be revoked by the Board of Aldermen, upon giving ten (10) days notice to the holder of said license or licenses.