[Ord. No. 353-2008 §I, 9-16-2008]
It shall be unlawful for any person to manufacture, sell or expose for sale, either at wholesale or retail, in the City any non-intoxicating beer or intoxicating liquors as defined by Section 600.010 in any quantity without first having obtained a license from the City therefore, except as otherwise provided by this Article.
[Ord. No. 353-2008 §I, 9-16-2008]
Every applicant for a license under this Article shall file
a verified application, which shall state the facts as to the applicant's
qualifications for such license and shall be made on a form prepared
by the Licensing Clerk. If the applicant has complied with all City
building, fire, health, zoning or other relevant City codes at the
time of filing the application, the City shall issue the license or
give notice of denial within thirty (30) days of the receipt of the
application or if the applicant has not met all code requirements
at the time of the application, the license shall not be issued or
the notice of denial shall be given within thirty (30) days after
applicant provides proof of compliance with City codes.
[Ord. No. 353-2008 §I, 9-16-2008]
No person shall be granted a license to sell intoxicating liquor
unless such person is of good moral character, nor shall any corporation
or LLC be granted a license unless the managing officer of such corporation
is of good moral character. No person shall be granted a license or
permit under this Article whose license has been previously revoked
or who has been convicted of a violation of the provisions of any
law applicable to the manufacture or sale of intoxicating liquor or
who employs in his business as such dealer any person whose license
has been revoked or who has been convicted of violating such law.
[Ord. No. 353-2008 §I, 9-16-2008]
A.
As
a condition of being granted or being allowed to hold, or continuing
to hold, a license issued under this Article, all licensees and applicants
for licenses issued under this Article shall allow the premises licensed
or to be licensed and all portions of the outbuildings of the premises,
including, but not limited to, all rooms, cellars, outbuildings, passageways,
closets, vaults, yards, attics and all buildings used in connection
with the operations carried on under the license and which are in
the licensee's or applicant's possession or under his control and
all places where he keeps or has liquor stored, to be entered and
inspected by Police Officers and persons authorized by the Police
Department to carry out or assist in such work, to verify the licensee's
or applicant's compliance with the Federal, State and local laws,
regulations and ordinances applicable to the operation and conduct
of the business of the licensee or applicant.
B.
Failure or refusal of an applicant or licensee or any of his employees or agents to allow such officers or authorized persons to perform such inspections of the premises at any time the applicant or licensee is open for business or at any other reasonable time shall be grounds for the non-issuance, suspension, revocation or non-renewal of a liquor license by the City pursuant to Sections 600.150 and 600.220 — 600.250.
C.
All businesses and commercial establishments within the City limits in which alcoholic beverages are possessed or consumed upon the premises by patrons or customers of the business or establishment, whether or not sold, provided or distributed by the business, as a condition of their being granted or allowed to continue to hold a business license from the City, shall also allow entries and inspections of their premises by Police Department personnel as described in Subsections (A) and (B). Failure or refusal of such a business or establishment or any of its employees or agents to allow such officers or authorized persons to perform such inspections of the premises at any time the business or establishment is open for business or at any other reasonable time shall be grounds for the non-issuance, suspension, revocation or non-renewal of the establishment's business license by the City of Neosho.
[Ord. No. 34-2019, 6-18-2019]
A.
The owner or employees of all licensees engaged in the sale of beer,
wine or intoxicating liquors, whether by the drink or packaged, shall
verify the age of all persons purchasing beer, wine or intoxicating
liquors regardless of the purchaser's appearance or prior interactions
said owner or employee has had with the purchaser.
B.
All licensees which engage in the sale of beer, wine or intoxicating
liquors, whether by the drink or packaged, shall mandate, provide
for and document alcohol sale training to any retail clerk, waitress,
bartender, or other person involved in the direct interaction of alcohol
sales. Said training may utilize the following website, http://pip.missouri.edu/SMART/,
or comparable program approved by the Neosho Chief of Police. Records
shall be maintained by each licensee during the employee's tenure
and for one (1) year subsequent to the employee's last date of employment.
C.
Failure or refusal of a licensee, owner or employee to adhere to the respective Subsections (A) and/or (B) above shall result in said person being charged with an ordinance violation and subject to the penalties as codified in Section 100.130(A) of the Neosho Code of Ordinances.
[Ord. No. 353-2008 §I, 9-16-2008]
If an application for a license for retail sale of intoxicating liquor or non-intoxicating beer in the original package or the retail sale of intoxicating liquor or non-intoxicating beer by the drink is made for a location which has not been used in the conduct of a retail liquor or beer business for a period of twelve (12) months prior to application, it shall be necessary before any license is issued that the requirements set forth in this Article and if applicable Section 405.170 be met.
[Ord. No. 353-2008 §I, 9-16-2008]
Nothing in this Chapter shall prohibit the cancellation of a
license issued under this Article for an establishment upon the sale
thereof and the reissuance of a license for the same location to the
purchaser, provided all other requirements of this Article have been
met.
[Ord. No. 353-2008 §I, 9-16-2008]
A.
No
license shall be granted under this Article for the sale of intoxicating
liquor or non-intoxicating beer within one hundred (100) feet of any
school, church or other building regularly used as a place of religious
worship, unless the applicant therefore shall first obtain the consent
in writing of such school or the consent in writing of such church
or place of worship.
B.
The
distance of one hundred (100) feet specified in this Section shall
be measured from the public entrance of licensee to the public entrance
of such school or church.
C.
Provided further, that the City Council may consider a reduction of the distance requirements set out in Subsection (A) and grant such reduction of the distance requirements by resolution to a distance down to and including zero (0) feet in its discretion following notice and a hearing as required by Section 311.080, RSMo., as amended in 2005 and as amended from time to time, if the Licensing Clerk has made a finding that no adverse impact will take place based on his or her review and evaluation of the criteria set forth as follows:
1.
Call for Police service and enforcement actions to any establishment
owned or operated by the applicant or other entities in which the
applicant has an ownership interest have not been any more numerous
than the average calls for a similar establishment in the past twelve
(12) months within the City; and
2.
Violations of any liquor law or ordinance by the applicant in any
establishment operated or owned by the applicant or other entities
in which the applicant has an ownership interest; and
3.
Calls for service through the City's public information office and
enforcement actions related to any establishment owned or operated
by the applicant or other entities in which the applicant has an ownership
interest have not been any more numerous than the average calls for
a similar establishment in the past twelve (12) months within the
City; and
4.
Public infrastructure and services within a ten (10) block radius
in any direction is sufficient to handle increased traffic, parking,
sewerage, water, other utilities or other needs such as police and
fire services of the establishment when considering the total occupancy
allowed; and
5.
A feasible plan for providing parking and security for patrons is
presented and approved by the City Manager and Chief of Police for
applications for establishments with an occupancy potential of more
than fifty (50); and
6.
The applicant is current in all State, County, City and community
improvement or other special district taxes or assessment; and
7.
The applicant has not violated any City or State laws in the operation
of any establishment with a liquor license.
D.
The applicant for a license to be issued under Subsection (C) shall pay an initial non-refundable application fee of two hundred fifty dollars ($250.00) in addition to any other fees or costs associated with the application for operation of the business and the applicable renewal fee as set out in the City's annual fee study upon applying for a renewal of the license. The license granted under Subsection (C) shall be valid from the date granted until January first (1st) of the following calendar year and may be renewed by the Licensing Clerk on an annual basis thereafter for as long as the applicant/licensee or the operation of the establishment remains in compliance with all the criteria listed herein. Should the applicant or licensee violate or come out of compliance with any criteria listed herein or other City code or State law, a hearing shall be held in accordance with this Article for either the revocation of the license or denial of the renewal of the license to the distance requirements. Upon a finding that the applicant has failed to remain in compliance with any requirement of this Section, the license shall either be deemed null and void or not renewed and the liquor license of such establishment and applicant shall be surrendered and the applicant or licensee shall cease the sale of intoxicating liquor or non-intoxicating beer at the location for which the license was granted.
[Ord. No. 353-2008 §I, 9-16-2008]
A.
Transfer To Other Person. No license for the sale of intoxicating
liquor shall be transferable to another person. If a corporation shall
hold such a license, the sale or transfer of more than twenty-five
percent (25%) of the issued stock of such corporation within any twelve
(12) month period or the pledge, assignment, transfer or otherwise
of more than twenty-five percent (25%) of the stock of such corporation
within any period of twelve (12) months in which the voting power
of such stock is carried with such pledge, assignment, transfer or
otherwise shall be deemed, for the purposes of this Chapter, to constitute
a transfer of a license for the sale of intoxicating liquor or non-intoxicating
beer or if within any twelve (12) month period the amount of issued
stock is increased by more than twenty-five percent (25%), whether
by issue or reissue, then, in any of such occurrences, such sale,
issues, transfers, reissues, assignments or otherwise shall be deemed
transfers of the corporate license to sell intoxicating liquor or
non-intoxicating beer and such transfer of such license is prohibited;
provided that sales, issues, reissues, pledges, assignments or otherwise
completely between existing stockholders of any corporation shall
not be deemed a transfer of such a license.
B.
Transfer To Different Location. The holder of a license for the sale of intoxicating liquor may transfer the license to another lawful location upon the payment of a twenty-five dollar ($25.00) transfer fee to the Licensing Clerk, provided that the requirements set forth in this Article and if applicable Section 405.170 be met.
[Ord. No. 353-2008 §I, 9-16-2008]
If any holder of a license for the sale of intoxicating liquor or non-intoxicating beer shall fail to renew such license and pay the license fee within ten (10) days after such license fee is due and payable, such license shall be canceled by the Licensing Clerk. Whenever such license shall be canceled, no license shall be issued for the same location unless the requirements set forth in this Article and if applicable Section 405.170 be met.
[Ord. No. 353-2008 §I, 9-16-2008; Ord. No. 34-2018, 11-20-2018; Ord. No.
38-2019, 6-18-2019]
A.
The Licensing Clerk or her designee may, in addition to other penalties
provided by ordinance, suspend or revoke a license issued under this
Article if the licensee or his employees or agents violate any of
the following provisions:
1.
An offense resulting in a conviction involving the use of force
or violence upon the person of another in the operation of he business
of the licensee.
2.
A conviction of a crime involving a felony by the licensee or
any of the officers or the managing officer of the licensee.
3.
Any false, misleading or fraudulent statement of fact in the
license application for the licensee or in any other document required
by the City in conjunction therewith.
4.
Violation of any of the provisions of this Article.
5.
Violation of the laws of the State of Missouri or the United
States of America or any rule or regulation pertaining to the sale
and licensing of intoxicating liquors or non-intoxicating beer.
B.
Upon violation of one or more the above-enumerated provisions, the
Licensing Clerk shall impose the following graduated penalties:
1.
First offense: written warning that informs the licensee that
subsequent violations accumulated within a thirty-month period will
result in a suspension of the licensee's liquor license.
2.
Second offense within an accumulated thirty-month period: three
days' suspension of licensee's liquor license and written warning
that informs the licensee that subsequent violations accumulated within
an eighteen-month period will result in a suspension of the licensee's
liquor license.
3.
Third offense within an accumulated eighteen-month period from
the second offense: one- month suspension of licensee' s liquor license
and written warning that informs the licensee that subsequent violations
accumulated within a six-month period will result in a suspension
of the licensee's liquor license.
4.
Fourth offense within an accumulated six-month period from the
third offense: one-year suspension of licensee's liquor license.
C.
The Licensing Clerk or her designee shall notify the licensee in writing of the intended action and the reasons therefor and of the right to request a hearing in regard thereto. The action indicated in the written notice shall be final unless the licensee shall file a written request for hearing with the Licensing Clerk within ten (10) days of the notice. If a notice of hearing is received, the Licensing Clerk shall proceed in accordance with Section 600.240.
D.
Any licensee who voluntarily installs an electronic or digital age-verification machine, device or program upon which age verification is electronically verified prior to permitting the cash register to open and who strictly conforms to the guidelines of the machine, device or program, and who maintains records, per manufacturer recommendation, of each transaction shall be exempt from the penalties identified in Subsection (B) of this Section. Proof of the installation and record of the violated transaction must be provided to the Neosho City Manager at the time of the administrative hearing.
[Ord. No. 353-2008 §I, 9-16-2008]
Any person who has been denied a license or renewal thereof
by the Licensing Clerk under this Article or who is licensed pursuant
to this Article and who has received a notice of intent to suspend
or revoke the license may request a hearing before the City Manager
or a hearing officer designated by the City Manager. Requests for
such hearings shall be filed with the Licensing Clerk within ten (10)
days after notice is given of the denial or the intention to suspend
or revoke. Upon receipt of a timely written request for hearing, the
City Manager, or a hearing examiner designated by the City Manager,
shall call a hearing and shall set forth in writing and send to the
applicant or licensee or permittee, by means of registered mail, certified
mail or hand delivery, notice that, within a period of not less than
five (5) days and not more than fourteen (14) days from the date of
the mailing of the notice, a hearing shall be conducted to determine
the existence of any facts which constitute grounds for the denial,
suspension or revocation of a license or permit. The notification
shall include the date, time and place of the hearing. The City Manager
is hereby authorized to appoint a hearing examiner, who shall have
authority to conduct the hearing as set forth in this Section. The
applicant or licensee may have the assistance of counsel or may appear
by counsel and shall have the right to present evidence. If the applicant
or licensee fails to appear at the hearing, the evidence of the existence
of facts which constitute grounds for the denial, suspension or revocation
of the license or permit shall be considered unrebutted. The hearing
need not be conducted according to the rules of evidence. Any relevant
evidence may be admitted and considered by the City Manager if it
is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs. Objections to evidence
shall be noted and a ruling given by the hearing officer. The hearing
officer shall have authority to rule on all issues of law and fact.
A copy of the decision of the hearing officer specifying findings
of fact and the reasons for the decision shall be furnished to the
applicant or licensee. The final decision shall be issued in written
form within thirty (30) days of the completion of the hearing. For
purposes of appeal, the decision of the hearing officer shall be final.
Upon a final decision being rendered, the parties shall be informed
of the right to appeal under the provisions of the Administrative
Procedure Act Chapter 536, RSMo. Any decision not appealed within
thirty (30) days from the date of a decision is final. Upon receipt
of the notice of appeal, the record shall be prepared immediately
and filed with the appropriate court and the hearing officer's order
shall be stayed.
[Ord. No. 353-2008 §I, 9-16-2008]
Whenever the City has revoked a business license, it shall be necessary before any license is issued to operate a liquor establishment at the same location that the procedures for issuance of a license be followed as set forth in this Article and if applicable Section 405.170.
[Ord. No. 353-2008 §I, 9-16-2008]
Before the Licensing Clerk renews a liquor license issued under this Article, the City Manager shall determine if the applicant has complied with the laws of the City pertaining to liquor establishments. If the City Manager determines that the applicant has failed to comply with the laws of the City, the City Manager shall not issue the license and shall notify the applicant pursuant to Section 600.230.
[Ord. No. 353-2008 §I, 9-16-2008]
All establishments which have obtained liquor licenses prior
to the effective date of the ordinance from which this division is
derived shall be deemed in compliance with this division upon application
for renewal of or upon application for a change in liquor license
at the same location, except the premises of existing establishments
shall be included for the purpose of determining whether or not a
new establishment shall be issued a liquor license.
