City of Plattsburg, MO
Clinton County
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Table of Contents
Table of Contents

Section 600.010 Definitions. [1]

[Ord. No. 2150[2] §1, 4-11-2013]
The following words shall have the meanings set out below when used in this chapter.
INTOXICATING LIQUORS
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 one-half of one percent (0.5%) by volume except for non-intoxicating beer as defined in Section 312.010, RSMo. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter, but subject to inspection as provided by RSMo. Sections 196.365 to 196.445.
MALT LIQUOR
That alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight manufactured from pure hops, and/or pure extract of hops, and/or or pure barley malt, and/or wholesome grains, and/or cereals and wholesome yeast and pure water.
PERSON
Shall mean and include any individual, association, joint-stock company, syndicate, copartnership, corporation, receiver, trustee, conservator, or other officer appointed by any state or federal court.
[1]
State Law Reference—For similar provisions, see §§311.020, 311.030 and 311.200.3, RSMo.
[2]
Editor's Note: This ordinance also repealed former Ch. 600, Alcoholic Beverages, derived from R.O of 1966, §§ 470.010, 470.020 and 470.040—470.060; Ord. No. 1155 §1, 1-8-1980; Ord. No. 1318 §1, 6-7-1993; Ord. No. 1485 §1, 10-24-2001; Ord. No. 1616 §1, 99-10-2003; and Ord. No. 1749 §1, 7-13-2005.

Section 600.020 Number of Licenses.

[Ord. No. 2150 §1, 4-11-2013]
There shall be no set limit on the number of liquor licenses (for either package sales or sales of liquor by the drink) that may be issued by the City of Plattsburg. However, the authority to issue such licenses shall rest solely with the Board of Aldermen of the City of Plattsburg in accordance with the requirements set forth in Section 600.040 of this Code, and such licenses may be revoked at any time by the Board of Aldermen of the City of Plattsburg in accordance with Section 600.050 of this Code.

Section 600.030 License Fee.

[Ord. No. 2150 §1, 4-11-2013]
A. 
No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses: a drugstore, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided by law. For every license for sale at retail in the original package, the licensee shall pay to the City the sum of one hundred twenty-five dollars ($125.00) per year.
B. 
For a permit authorizing the sale of malt liquor not in excess of five percent (5%) by weight by grocers and other merchants and dealers in the original package direct to consumers but not for resale, a fee of seventy-five dollars ($75.00) per year payable to the City shall be required. The phrase "original package" shall be construed and held to refer to any package containing three (3) or more standard bottles of beer. Notwithstanding the provisions of Section RSMo. 311.290, any person licensed pursuant to this Subsection may also sell malt liquor at retail between the hours of 9:00 A.M. and 12:00 midnight on Sunday.
C. 
For every license issued for the sale of malt liquor at retail by the drink for consumption on the premises where sold, the licensee shall pay to the City the sum of fifty dollars ($50.00) per year.
D. 
For every license issued for the sale of malt liquor and light wines containing not in excess of fourteen percent (14%) alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink for consumption on the premises where sold, the licensee shall pay to the City the sum of fifty dollars ($50.00) per year.
E. 
For every license issued for the sale of all kinds of intoxicating liquor, at retail by the drink for consumption on the premises of the licensee, the licensee shall pay to the City the sum of three hundred dollars ($300.00) per year, which shall include the sale of intoxicating liquor in the original package.
F. 
In addition to any fee collected by the City, there shall be an additional fee of fifty dollars ($50.00) from any licensee under this section for the privilege of selling intoxicating liquor in the original package on Sundays as permitted by law.
G. 
For any person who possesses the qualifications to sell intoxicating liquor by the drink on Sunday as permitted by law, there shall be an additional fee paid to the City the sum of fifty dollars ($50.00).

Section 600.040 Requirements for a License.

[Ord. No. 2150 §1, 4-11-2013]
A. 
The issuance of licenses as hereinbefore set forth, rests solely within the authority of the Board of Aldermen of the City of Plattsburg, Missouri. The Board of Aldermen may refuse to issue an original license or refuse to renew an existing license if, in its discretion, it is not advisable to grant it to the applicant or if the proposed location is unsatisfactory or if it is not in the best interests of the City to grant another license. The application to the City should include the following information:
1. 
The exact legal description of the property in which said products are to be sold.
2. 
That the owner of the property described is identified, and if the applicant is the owner, state encumbrances, if any, and to whom, and if the applicant is not the owner as described, a lease of the same covering the period of time for which the license is to be issued must be submitted for inspection.
3. 
The name under which the business is to be operated.
4. 
That the applicant and the property legally described on which the license is to be exercised are current on all City taxes, utilities and fees.
5. 
That the applicant obtain a State license in compliance with the laws of the State of Missouri within ninety (90) days.
6. 
The Board of Aldermen may act prior to the applicant's receiving a State license; however, any approval of the Board of Aldermen shall be a conditional approval, and the license shall not be finally issued to the applicant until the State has approved the applicant's State license.

Section 600.050 Revocation of a License.

[Ord. No. 2150 §1, 4-11-2013]
A. 
Any license granted hereunder can be revoked by the Board of Aldermen at their discretion; but upon the happening of the following events the license shall be automatically revoked:
1. 
If the business to which the license is issued is leased, assigned or sold to another person, proprietorship or corporation.
2. 
If the geographic location is changed from the description found in the application for license.
3. 
If the applicant does not maintain a current, valid State license in compliance with the laws of the State of Missouri.
B. 
If for any other reason, the Board of Aldermen deems it necessary and in the best interests of the City of Plattsburg, Missouri, to revoke any license hereunder, the City shall so notify the holder of the license by registered mail to his or her address in Plattsburg, Missouri, informing him or her of a hearing to be held not more than fifteen (15) days nor less than ten (10) days after the posting of the notice; containing in said posting a bill of particulars stating to the licensee the causes which the Board of Aldermen deems necessary and proper charges to be considered just cause for the revocation of the license so issued and further, that said licensee will have the opportunity to present any competent, relevant and material evidence in its behalf at said hearing on revocation.