[Ord. No. 16, §§1,28; Ord. No. 60, §3; Ord. No. 346, §2; Ord. No. 651, §1; Ord. No. 705, §1; Ord. No. 2235 §1, 8-7-2012]
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any establishment whose business building contains a square
footage of at least ten thousand square feet, and where games of skill
commonly known as bowling are usually played, and which has annual
gross receipts of at least two hundred thousand dollars, of which
no more than fifty percent may be derived from the sale of alcoholic
beverages.
A place where all doors are locked and where no patrons are
in the place or about the premises.
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 of alcohol by weight.
That portion of any building in which a licensee under this
article has his place of business and any additional building or portion
thereof used in connection therewith, and the entire lot or parcel
of land on which the buildings are situated, or which is used in connection
with the buildings.
Any place of business, the main purpose and activity of which
is to serve meals, sandwiches, short orders and other food to be eaten
by its customers on the premises, and which does not provide or furnish
to the public lodging or sleeping rooms.[1]
The sale of intoxicating liquor by the drink at retail for
consumption on the premises where sold. The sale of any intoxicating
liquor except malt liquor, in the original package, in any quantity
less than one-half pint shall be deemed "sale by the drink" and may
be made only by a holder of a retail liquor dealer's license
as hereinafter provided, and when such sale is so made, the container
in every instance shall be emptied and the contents thereof served
as other intoxicating liquors sold by the drink are served.
A person who exposes for sale or makes one or more sales
for resale of intoxicating liquor within the City, or who conducts
a business of exposing for sale or selling intoxicating liquor for
resale from an established place of business within the City.
[1]
Editor’s Note: The former definition of “restaurant-bar,”
which immediately followed, was repealed 4-7-2015 by §1 of Ord.
No. 2329.
[Ord. No. 884, §1; Ord. No. 2329 §2, 4-7-2015]
(a)
No person having a license under this law, nor any employee of such person, except as provided in Subsection (b) of this Section, 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. Tuesday through Saturday, 1:30 a.m. and 9:00 a.m. Sunday and 12:00 midnight Sunday to 6:00 a.m. Monday. If the person has a license to sell intoxicating liquor by the drink, his premises shall be and remain a closed place as defined in this Section between the hours of 1:30 a.m. and 6:00 a.m. Tuesday through Saturday, 1:30 a.m. and 9:00 a.m. Sunday and 12:00 midnight Sunday to 6:00 a.m. Monday. 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. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty of a Class A misdemeanor. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180 of the Revised Statutes of the State of Missouri, which Section is incorporated herein by reference, to a person licensed to sell the intoxicating liquor at retail.
(b)
Any person licensed pursuant to Section 311.200 shall not be permitted
to 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. Tuesday through
Saturday, 1:30 a.m. and 9:00 a.m. Sunday and 12:00 midnight Sunday
to 6:00 a.m. Monday.
[Ord. No. 16 §4.]
This article shall not apply to the possession by a druggist
of intoxicating liquor purchased by him from a licensed vendor under
the Liquor Control Act of the state, or intoxicating liquor lawfully
acquired and transported into the state by him pursuant to such act,
such liquor to be used in connection with the business of a druggist
in compounding medicines or as a solvent or preservative, nor shall
this article apply to the sale of intoxicating liquors by druggists
on prescription from a regularly licensed physician.
[Ord. No. 16, §9.]
Except in hotels, clubs and restaurants, it shall be unlawful
for any licensee to sell intoxicating liquors in a place, building
or room where there are blinds, screens, swinging doors, curtains
or any other thing in such building or room that will obstruct or
obscure the interior of such room from public view from the street,
or in any room not located on the ground floor or level immediately
abutting on a public street.
[Ord. No. 16, §15]
It shall be unlawful for any person holding a malt liquor license
or the same time holding a retail liquor dealer's license covering
the premises described in the malt liquor dealer's license or
permit to have or keep in or on such premises any intoxicating liquor
of any kind or character, other than malt liquor brewed or manufactured
by the method, in the manner and of the ingredients required by the
laws of the state; or to sell, or offer for sale, in or upon such
premises, any intoxicating liquor other than malt liquors.
[Ord. No. 1865 §1, 10-18-2005[1]]
(a)
Any licensee under this Section or his employee or any other person,
who shall sell, vend, give away or otherwise supply any intoxicating
liquor in any quantity whatsoever to any person under the age of twenty-one
(21) years or to any person intoxicated or appearing to be in a state
of intoxication or to a habitual drunkard and any person whomsoever,
except his parent or guardian, who shall procure for, sell, give away
or otherwise supply intoxicating liquor to any person under the age
of twenty-one (21) years or to any intoxicated person or any person
appearing to be in a state of intoxication or to a habitual drunkard
shall be deemed guilty of a misdemeanor, except that this Section
shall not apply to the supplying of intoxicating liquor to a person
under the age of twenty-one (21) years for medical purposes only or
to the administering of such intoxicating liquor to any person by
a duly licensed physician. No person shall be denied a license or
renewal of a license issued under this Chapter solely due to a conviction
for unlawful sale or supply to a minor when serving in the capacity
as an employee of a licensed establishment.
(b)
It shall be unlawful for any owner, occupant or other person or legal
entity with a lawful right to the use and enjoyment of any property,
except for a parent or guardian, who knowingly allows any person under
the age of twenty-one (21) years to consume intoxicating liquor on
such property or knowingly fails to stop any person under the age
of twenty-one (21) years from consuming intoxicating liquor on such
property.
(c)
It shall be a defense to prosecution under this Section if:
(1)
The defendant is a licensed retailer, club, drinking establishment
or caterer or holds a temporary permit or an employee thereof;
(2)
The defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) or more years
of age; and
(3)
To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card or other official or apparently official document containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.
[Ord. No. 382, §1.; Ord. No. 1865 §2, 10-18-2005; Ord. No. 2098 §§1 —
2, 9-1-2009]
(a)
It shall be unlawful for any person under the age of twenty-one (21)
years to purchase or attempt to purchase or have in his or her possession
any intoxicating liquor as defined in Section 311.020, RSMo., or who
is visibly intoxicated as defined in Section 577.001, RSMo., or has
a detectable blood alcohol content of more than two-hundredths of
one percent (.02%) or more by weight of alcohol in such person's
blood. For purposes of prosecution under this section or any other
provision of this chapter involving an alleged illegal sale or transfer
of intoxicating liquor to a person under twenty-one (21) years of
age, a manufacturer-sealed container describing that there is intoxicating
liquor therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor in such container. The alleged
violator may allege that there was not intoxicating liquor in such
container, but the burden of proof of such allegation is on such person,
as it shall be presumed that such a sealed container describing that
there is intoxicating liquor therein contains intoxicating liquor.
Visibly intoxicated includes when a person is under the influence
of alcohol, a controlled substance, or drug, or any combination thereof.
(b)
For purposes of determining violations of any provision of this Section
or of any rule or regulation of the supervisor of alcohol and tobacco
control, a manufacturer-sealed container describing that there is
intoxicating liquor therein need not be opened or the contents therein
tested to verify that there is intoxicating liquor in such container.
The alleged violator may allege that there was not intoxicating liquor
in such container, but the burden of proof of such allegation is on
such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.
(c)
Open house parties —
allowing minors to drink. Any owner, occupant or other person
or legal entity with a lawful right to the exclusive use and enjoyment
of any property who knowingly allows a person under the age of twenty-one
(21) to drink or possess intoxicating liquor or knowingly fails to
stop a person under the age of twenty-one (21) from drinking or possessing
intoxicating liquor on such property, unless such person allowing
the person under the age of twenty-one (21) to drink or possess intoxicating
liquor is his or her parent or guardian, is deemed to be in violation
of the Eureka Municipal Code.
It shall be a defense to prosecution under this subsection if:
(i)
The defendant is a licensed retailer, club, drinking establishment
or caterer or holds a temporary permit or an employee thereof;
(ii)
The defendant sold the intoxicating liquor to the minor with
reasonable cause to believe that the minor was twenty-one (21) or
more years of age; and
(iii)
To purchase the intoxicating liquor, the person exhibited to
the defendant a driver's license, Missouri non-driver's
identification card or other official or apparently official document
containing a photograph of the minor and purporting to establish that
such minor was twenty-one (21) years of age and of the legal age for
consumption of intoxicating liquor.
[Ord. No. 1865 §3, 10-18-2005]
After a period of not less than one (1) year or upon reaching
the age of twenty-one (21), whichever occurs first, a person who has
pleaded guilty to or has been found guilty of violating Section 3-34.1
for the first (1st) time and who since such conviction has not been
convicted of any other alcohol-related offense may apply to the court
in which he or she was sentenced for an order to expunge all official
records of his or her arrest, plea, trial and conviction. If the court
determines, upon review, that such person has not been convicted of
any other alcohol-related offense at the time of the application for
expungement and the person has had no other alcohol-related enforcement
contacts as defined in this Chapter, the court shall enter an order
of expungement. The effect of such an order shall be to restore such
person to the status he or she occupied prior to such arrest, plea
or conviction, as if such event had never happened. No person as to
whom such order has been entered shall be held thereafter under any
provision of any law to be guilty of perjury or otherwise giving a
false statement by reason of his or her failure to recite or acknowledge
such arrest, plea, trial, conviction or expungement in response to
any inquiry made of him or her for any purpose whatsoever. A person
shall be entitled to only one (1) expungement pursuant to this Section.
Nothing contained in this Section shall prevent courts from maintaining
such records as are necessary to ensure that an individual receives
only one (1) expungement pursuant to this Section.
[Ord. No. 1865 §4, 10-18-2005]
(a)
The supervisor of alcohol and tobacco control shall not use minors to enforce the laws of this Chapter or Chapter 312, RSMo., unless the supervisor promulgates rules and regulations that establish standards for the use of minors. The standards shall include those in Subsection (b) of this Section.
(b)
The supervisor shall establish, by July 1, 2006, permissive standards
for the use of minors in investigations by any State, County, municipal
or other local law enforcement authority and which shall, at a minimum,
provide for the following:
(1)
The minor shall be eighteen (18) or nineteen (19) years of age;
(2)
The minor shall have a youthful appearance and the minor, if
a male, shall not have facial hair or a receding hairline;
(3)
The minor shall carry his or her own identification showing
the minor's correct date of birth and shall, upon request, produce
such identification to the seller of the intoxicating liquor or nonintoxicating
beer at the licensed establishment;
(4)
The minor shall answer truthfully any questions about his or
her age and shall not remain silent when asked questions regarding
his or her age, nor misrepresent anything in order to induce a sale
of intoxicating liquor or nonintoxicating beer.
(c)
The supervisor of alcohol and tobacco control shall not participate
with any State, County, municipal or other local law enforcement agency,
nor discipline any licensed establishment when any State, County,
municipal or other law enforcement agency chooses not to follow the
supervisor's permissive standards.
(d)
Any minors used in investigations under this Section shall be exempt
from any violations under Chapter 311 and Chapter 312, RSMo., during
the time they are under direct control of the State, County, municipal
or other law enforcement authorities.
[Ord. No. 16 §17; Ord. No. 346, §4; Ord. No. 406, §1; Ord. No. 2410 §
3, 3-21-2017]
It shall be unlawful for any minor under the age of twenty-one
(21) years to be and remain or to loiter in any tavern or place of
business where intoxicating liquors are sold at retail by the drink
for consumption on the premises unless accompanied by the parent or
legal guardian of such minor, with the exception of a City approved
or sponsored event. It shall be unlawful for any person licensed to
sell intoxicating liquors at retail by the drink for consumption on
the premises, or his/her employee, to allow any minor under the age
of twenty-one (21) years, unless accompanied by the parent or legal
guardian of such minor, to be and remain or to loiter in the tavern
or place of business of such person so licensed. Each such licensee
shall keep at all times conspicuously posted in such tavern or place
of business a printed sign displaying in black letters not less than
one (1) inch wide on a white background the words "Notice - Minors
under the age of twenty-one (21) years are not allowed here unless
accompanied by parent or legal guardian." The maintenance of such
sign, however, shall not excuse any licensee from a violation of this
Section. Nothing herein contained shall be construed as prohibiting
the presence of an unaccompanied minor in those areas of a place of
business where intoxicating liquors are sold which are used primarily
for other purposes, and where the sale and dispensing of intoxicating
liquors is incidental to the primary purpose, as in a restaurant,
bowling alley, theater, motel or the like as differentiated from cocktail
lounges, taverns and bars, or areas within a place of business set
aside for the primary purpose of selling intoxicating liquors, such
as a cocktail room, a tavern or a pub. No person holding a license
to sell intoxicating liquor by the drink at retail shall permit any
child under the age of sixteen (16) years to be employed or work in
or in connection with any entertainment conducted in any place where
intoxicating liquor is sold by the drink at retail.
[Ord. No. 16, §18.]
It shall be unlawful for any person or his employee to sell
or supply intoxicating liquor or permit the same to be sold or supplied
to a habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor. Intoxicating liquor shall
not be given, sold or otherwise supplied to any person under the age
of twenty-one years, but this shall not apply to supplying intoxicating
liquor to a person under said age for medicinal purposes only, or
by the parent or guardian of such person or by a physician. No person
under the age of twenty-one years shall sell or assist in the sale
or dispensing of intoxicating liquors.
[Ord. No. 16, §20.]
The sale of intoxicating liquor, except malt liquor, in the
original package in any quantity less than one-half pint shall be
deemed sale by the drink, and may be made only by the holder of a
retail liquor dealer's license, and, when so made, the container
in every case shall be emptied and the contents served as other intoxicating
liquors sold by the drink are served.
[Ord. No. 16, §21.]
It shall be unlawful to display in any street window or show
window any intoxicating liquor, or any package, bottle or container
bearing the label or brand of any intoxicating liquor.
[Ord. No. 16, §32.]
It shall be unlawful for any manufacturer, distiller, brewer
or wholesale dealer in intoxicating liquor, either directly or indirectly,
to sell or deliver intoxicating liquor of any kind to any person in
the City not licensed under the provisions of this article to sell
intoxicating liquors at retail.
[Ord. No. 16, §5.]
It shall be the duty of the police of the City to see that the
provisions of this article and of other ordinances of the City in
regard to the sale of intoxicating liquor are obeyed, and to report
to the chief of police any place where intoxicating liquor is sold
at retail which is not kept in an orderly manner or in violation of
any of the provisions of this article, or any person selling intoxicating
liquor in the City without a license. It shall be the duty of the
chief of police to report all such infractions immediately to the
Board of Aldermen.
[Ord. No. 16, §2; Ord. No. 346, §5; Ord. No. 651, §1; Ord. No. 705, §3.; Ord. No. 1061 §1, 6-15-1993; Ord. No. 1130 §1, 10-4-1994; Ord.
No. 1719 §1, 9-16-2003; Ord. No. 1836 §§1-3, 7-5-2005]
It shall be unlawful for any person to sell or expose for sale
in this City intoxicating liquor in any quantity without taking out
a license from the City. A separate license shall be taken out for
each of the following classes of sales of intoxicating liquors in
which the licensee desires to engage:
(a)
Sales of all kinds of intoxicating liquors in the original package
not to be consumed on the premises where sold.
(b)
Sales of malt liquor containing alcohol in excess of three and two-tenths
percent by weight and not in excess of five percent by weight by grocers
and other merchants and dealers for sale in the original package direct
to consumers but not for resale and not for consumption on the premises
where sold.
(c)
Sales of malt liquor containing alcohol in excess of three and two-tenths
percent (3.2%) by weight and not in excess of five percent (5%) by
weight at retail by the drink for consumption on the premises where
sold.
(d)
Sales of malt liquor containing alcohol in excess of three and two-tenths
percent by weight and not in excess of five percent by weight, manufactured
from pure hops or pure extract of hops or pure barley malt or wholesome
grains or cereals and wholesome yeast and pure water, or light wines
containing not in excess of fourteen percent of alcohol by weight
exclusively from grapes, berries and other fruits and vegetables,
or both such malt liquor and wine at retail by the drink for consumption
on the premises where sold, which license shall also permit the holder
to sell nonintoxicating beer, as defined in state law.
(e)
Sale of intoxicating liquor of all kinds at retail by the drink for
consumption on the premises where sold, including the sale of intoxicating
liquors in the original package.
(f)
Except as otherwise provided herein, it shall be unlawful for any
person to sell or expose for sale any intoxicating liquor by the drink
within the City limits without first having obtained from the City
a license therefor.
It shall also be unlawful for any person to sell or expose for
sale any intoxicating liquor at retail by the drink after 1:30 A.M.
on Sunday without first having obtained from the City a license therefor.
(g)
Sunday sales license.
(1)
For sales of intoxicating liquor in the original package at retail
between the hours of 9:00 A.M. and Midnight on Sundays.
(2)
Sales of malt liquor containing 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 or pure extract of hops or pure
barley malt or wholesome grains or cereals and wholesome yeast and
pure water or light wines containing not in excess of fourteen percent
(14%) of alcohol by weight exclusively from grapes, berries and other
fruits and vegetables or both such malt liquor and wine at retail
by the drink for consumption on the premises where sold, which license
shall also permit the holder to sell non-intoxicating beer, as defined
in State law, between the hours of 9:00 A.M. and Midnight on Sundays.
(h)
Applications for licenses to sell intoxicating liquor at retail by
the drink on Sundays from 9:00 A.M. to Midnight shall be filed with
the City Collector on forms furnished by him. Each application shall
be signed by the applicant. If the applicant is a joint venture, partnership
or group other than a corporation, the application shall be made by
all individuals who are members of such joint venture, partnership
or group. If the applicant is a corporation, the application shall
be made by a managing officer of the corporation. A corporate applicant
shall state the names and addresses of its registered agents, officers
and directors, the number of shares in the corporation owned by each
and the percentage those shares bear to the total outstanding shares
of the corporation; the names and addresses of the ten (10) principal
stockholders of the corporation, the number of shares in the corporation
owned by each and the percentage those shares bear to the total outstanding
shares of the corporation; and the names and addresses of each stockholder
owning one percent (1%) or more of the total outstanding shares of
the corporation. The signature of the applicant shall constitute an
agreement that the applicant will assume responsibility for compliance
with the provisions of this Code and the laws of the State regulating
the sale of intoxicating liquor by the drink. Each license shall apply
to the class for which issued, and it shall be unlawful to sell or
expose for sale any intoxicating liquor except in the manner authorized
in the license held by the licensee.
[Ord. No. 2243 §1, 9-18-2012]
[Ord. No. 16, §3.]
No person shall be granted a license under this article unless
such person is of good moral character and a qualified legal voter
and taxpaying citizen of the state. No person shall be granted a license
or permit whose license as such dealer has been revoked, or who has
been convicted, since the ratification of the twenty-first amendment
to the Constitution of the United States, of the violations of the
provisions of any law applicable to the manufacture or sale of intoxicating
liquor, or who employs or has employed in his business, as such dealer,
any person whose license has been revoked or who has been convicted
of violating the provisions of any such law since the date aforesaid.
[Ord. No. 16, §6; Ord. No. 346, §6; Ord. No. 497 §1; Ord. No. 651 §1; Ord. No. 696, §1; Ord. No. 705, §4.; Ord. No. 2235 §§2-6, 8-7-2012]
(a)
Applications for licenses to sell intoxicating liquors under the
provisions of this article shall be filed with the City Collector
and shall be on forms to be furnished by the collector and signed
and sworn to by the applicant.
(b)
Each application for a license to sell intoxicating liquor shall
contain the following information which may be required, as provided
for herein:
(1)
The exact location and description of the premises to be covered
by the license.
(2)
The kind of business which the applicant proposes to conduct on such
premises in addition to the sale of intoxicating liquor, and the hours
which the applicant plans to keep his place open for such other business.
(3)
Whether or not the applicant has ever been arrested for, charged
with, indicted for or convicted of a violation of any federal law,
law of the state of any other state or City or county ordinance involving
moral turpitude or any violation of law regulating control or prohibiting
the sale of intoxicating liquor.
(c)
The City Collector is authorized at any time before or after the
issuance of a license to sell intoxicating liquor to require such
additional information necessary to carry out the intent and purposes
of this chapter.[1]
[1]
Editor’s Note: Former Subsection (c), which contained requirements for applications for restaurant-bar licenses to sell liquor at retail by the drink, was repealed 9-18-2012 by §2 of Ord. No. 2243. Said ordinance also repealed former Subsection (e), which required books of account and records to be available for inspection, former Subsection (f), which contained requirements for persons granted Sunday restaurant-bar licenses to sell liquor at retail by the drink, and former Subsections (g), (h) and (i), which set forth requirements for applications for amusement places to sell liquor at retail by the drink. In addition, former Subsection (d) was redesignated as Subsection (c).
[Ord. No. 16, §6.]
Any license for the sale of all kinds of intoxicating liquors
by the drink for consumption on the premises, may be renewed from
year to year, unless a majority of the assessed taxpaying citizens
owning property or occupying or doing business on the ground floor
of buildings within three hundred feet of the applicant's place
of business shall file a written protest against the renewal or further
renewal of the license.
[Ord. No. 16, §7.]
Upon the filing of an application for a license under this article,
the application shall be presented to the Board of Aldermen at its
next regular or special meeting; and, upon approval of the application
by a majority of the board, and upon payment of the license tax provided
for in this division, the City Collector shall issue a license to
the applicant to conduct business in the City until July 31st following
its issuance.
[Ord. No. 16, §8.]
A separate license shall be required for each place of business.
Every license issued under the provisions of this article shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
[Ord. No. 16, §10; Ord. No. 346, §7; Ord. No. 1022 §1, 5-5-1992; Ord.
No. 2410 § 4, 3-21-2017]
No license shall be issued for the sale of intoxicating liquors,
containing alcohol in excess of five percent (5%) by weight, by the
drink at retail for consumption on the premises where the place of
such sales is within one hundred (100) feet of any school, church,
or other building regularly used as a place of religious worship,
or public playground, unless authorized by the Board of Aldermen.
Such Board of Aldermen consent may not be granted until at least a
ten (10) day notice has been provided to all property owners within
one hundred (100) feet of the proposed licensed premises.
[Ord. No. 16, §11; Ord. No. 346, §8; Ord. No. 651, §1; Ord. No. 1022 §2; 5-5-1992; Ord. No. 1836 §4, 7-5-2005]
Malt liquor containing 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 or pure extract of hops or pure
barley malt or wholesome grains or cereals and wholesome yeast and
pure water and/or light wines containing not in excess of fourteen
percent (14%) of alcohol by weight exclusively from grapes, berries
and other fruits and vegetables may be sold by the drink at retail
for consumption on the premises where sold when the person desiring
to sell the malt liquor or light wines or both by the drink at retail
for consumption on the premises shall first have obtained a license
to do so from the Board of Aldermen; provided, that no such license
shall be issued where the place of such sale is within one hundred
(100) feet of any school, church or other building regularly used
as a place of religious worship or public playground.
For every license issued for the sale of malt liquor or light
wines, or both, of the alcoholic content defined in this Section,
at retail by the drink for consumption on the premises where sold,
the licensee shall pay to the City Collector seventy-five dollars
($75.00).
Malt liquor containing alcohol in excess of three and two-tenths
percent (3.2%) by weight and not in excess of five percent (5%) by
weight may be sold by grocers and other merchants and dealers in the
original package direct to consumers, but not for resale and not for
consumption on the premises where sold, when the person desiring to
sell the malt liquor in the original package shall first have obtained
a license from the Board of Aldermen. The phrase "original
package" shall be construed and held to refer to any package
containing three (3) or more standard bottles of beer.
For every license issued for the sale of five percent (5%) beer
of the alcoholic content defined in this Section in the original package
as herein defined, but not for resale and not for consumption on the
premises where sold, the licensee shall pay to the City Collector
seventy-five dollars ($75.00). Said license shall include Sunday sales
from 9:00 A.M. to Midnight.
For every license issued for the sale of intoxicating liquor
by the drink, the licensee shall pay the City Collector four hundred
fifty dollars ($450.00). For the sale of intoxicating liquor by the
drink on Sundays as herein provided for, an additional license costing
three hundred dollars ($300.00) shall be required.
[Ord. No. 16, §12; Ord. No. 346, §9.]
Intoxicating liquor may be sold in the original package not
to be consumed on the premises where sold upon a license granted by
the Board of Aldermen. For every such license there shall be paid
to the City Collector one hundred fifty dollars per year. No such
license shall be issued except to a person engaged in and to be used
in connection with one or more of the following businesses: Drugstore,
cigar and tobacco store, grocery store, general merchandise store,
confectionery or delicatessen store, nor to any person who does not
have or keep in this store a stock of goods having a value according
to invoices of at least one thousand dollars, exclusive of fixtures
and intoxicating liquors.
[Ord. No. 1061 §§1-2, 6-15-1993; Ord. No. 1130, 10-4-1994; Ord. No. 1719 §2, 9-16-2003; Ord. No. 1836 §§5 —
6, 7-5-2005]
(a)
Sunday Sales.
(1)
For sales of intoxicating liquor in the original package at
retail between the hours of 9:00 A.M. and Midnight on Sundays.
(2)
For sales of malt liquor containing alcohol in excess of three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight (5% beer license) and light wines containing
not in excess of fourteen percent (14%) of alcohol by weight made
exclusively from grapes, berries and fruits and vegetables in the
original package at retail between the hours of 9:00 A.M. and Midnight
on Sundays.
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Such licenses may only be applied for by individuals licensed
to sell the same class of product throughout the remainder of the
calendar week in accordance with State law.
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(b)
The annual fee for either Sunday sales license, intoxicating liquor
in the original package or malt liquor in excess of three and two-tenths
percent (3.2%) and not exceeding five percent (5%) in the original
package (5% beer license) and light wines shall be three hundred dollars
($300.00) and shall be paid at the office of the City Clerk.
[Ord. No. 1401 §1, 3-30-1999]
Notwithstanding any other provisions of this Chapter to the
contrary, any person possessing the qualifications and meeting the
requirements of this Chapter, who is licensed to sell intoxicating
liquor in the original package at retail under Sections 311.200 and
311.293 of the Revised Statutes of Missouri and who is also licensed
by the City of Eureka to sell intoxicating liquor in the original
package at retail, may apply to the City of Eureka for a liquor license
to conduct wine, malt beverage and distilled spirit tastings on the
licensed premises. A licensee under this Section shall pay to the
City of Eureka an additional thirty-seven dollars fifty cents ($37.50)
per year payable at the same time and manner as other license fees.
Nothing in this Section shall be construed to permit the licensee
to sell wine, malt beverages or distilled spirits for on-premises
consumption.
[Ord. No. 16, §25.]
The annual licenses issued under this division shall be dated
August 1, and shall expire July 31 of the following year, and the
fees for such licenses shall be paid annually in advance. Licenses
may be issued for part of a year for businesses commenced after August
1, and proportionate fees charged based on the months or fraction
of a month the license is to run to the next July 31 following.
[Ord. No. 16, §13.]
No license issued under this division shall be transferable
or assignable.
[Ord. No. 16, §19.]
All licenses issued pursuant to the provisions of this division
shall be kept conspicuously posted in the place for which such license
was issued.
[Ord. No. 16, §23.]
The fees to be charged under this division shall be taken in
lieu of the proportionate part of any merchant's license fee
and ad valorem tax for stock and sales of intoxicating liquors under
other ordinances, and the value of stocks of intoxicating liquors,
and the aggregate amount of sales thereof made by any licensee shall
not be returned by such merchant for purposes of merchant's license
or ad valorem tax, nor shall such stock or sales be included in the
computation of any merchant's license or ad valorem tax.
[Ord. No. 16, §22.]
All fees collected by the City Collector pursuant to the provision
of this division shall be accounted for and paid into the City Treasury
as other funds collected by the City Collector are accounted for and
paid.
[Ord. No. 16, §24.]
Whenever it is shown to the Board of Aldermen that a dealer
licensed under this division has not at all times kept an orderly
place or house, or has violated any of the provisions of this article
or of the Liquor Control Act of the State, or has no license from
the state supervisor of liquor control, or has made a false affidavit
in his application for a license, the Board of Aldermen, after a hearing
thereon, shall revoke the license of such dealer, giving ten days
notice, in writing, thereof prior to the hearing thereon to the dealer,
or any person in charge of or employed in the place licensed, stating
the time, place, purpose and grounds therefor, at which hearing the
dealer may have counsel and produce witnesses in his behalf.
[Ord. No. 16, §27.]
Every manufacturer, distiller, brewer or wholesaler of intoxicating
liquor within the City shall apply for and be licensed as such by
the Board of Aldermen, and any such person who fails to obtain such
license, or pay the fees, or who fails to comply with any of the provisions
of this article or with the provisions of other ordinances or laws
of the state relating to intoxicating liquor shall, on conviction,
be deemed guilty of a misdemeanor.
[Ord. No. 16, §29.]
A manufacturer, distiller or brewer within this City shall not
be required to take out a wholesaler's license for the sale of
their products at wholesale at the place of manufacture, or in quantities
of not less than one gallon.
[Ord. No. 16, §30.]
The qualifications of persons granted licenses mentioned in
section 3-59, the application therefor, the officer to whom the same
shall be made, the disposition of and action thereon, the payment
and collection of fees, the license therefor and proceedings for revocation
thereof and other regulations thereunder, shall in all respects be
those provided for in this division in the case of retail liquor dealers.
[Ord. No. 16 §31; Ord. No. 346 §10.]
For each of the following licenses, there shall be paid to the
City Collector annual charges as follows: For a manufacturer, distiller
or brewer of intoxicating liquor, six hundred seventy-five dollars;
for a wholesaler or wholesale liquor dealing agent of intoxicating
liquor, seven hundred fifty dollars; provided, that in addition to
the license fees provided in this section, the licensee shall pay
gallonage charges as required, and similar, to such requirements as
those provided by law to be paid to the state, in amount one and one-half
time that required by the state for such gallonage tax.
The annual fees for licenses authorized under Article III of Chapter 31, pursuant to the authority granted under Section 311.220, RSMo., 1969, at all times shall be one and one-half times the amount required by law to be paid into the state treasury for such state permit or license as of the date of application therefor.
[Ord. No. 1143 §§1 — 4, 1-3-1995; Ord. No. 1980 §2, 6-19-2007]
(a)
A temporary permit for the sale of all classes of intoxicating liquor
as defined in Section 311.020, RSMo., and non-intoxicating beer as
defined in Section 312.010, RSMo., for consumption on the premises
where sold may be issued to any church, school, civic, service, fraternal,
veteran, political or charitable club or organization for the sale
of such intoxicating liquor or non-intoxicating beer at a picnic,
bazaar, fair or similar gathering.
(b)
To secure the permit, the applicant shall complete and submit an
application along with a permit fee of twenty-five dollars ($25.00).
This permit must state the location and date or dates of the intended
sales. Such permit shall be reviewed and approved by the Eureka Police
Department and be forwarded to the Board of Aldermen for consideration
and approval at an open public meeting.
(c)
As a condition of approval and issuance of such a temporary permit
from the City, the applicant must secure all necessary permits and
authority from St. Louis County, the State of Missouri and any other
agencies as applicable. The City of Eureka temporary permit is immediately
null and void if any and all additional approvals, permits or licenses
are not procured by the applicant prior to the subject event.
(d)
No club or organization may be authorized to obtain and operate under
a temporary permit to allow the on premises sales and consumption
of all classes of intoxicating liquor for a period exceeding seven
(7) days per calendar year.
[Ord. No. 1857 §1, 9-20-2005]
Licenses issued under this Chapter are issued for a specific
business at a specific location. If during the course of the annual
liquor license period for which a business has already paid for its
license, it moves to another location within the City at which it
will conduct the identical type of alcoholic beverage sales, there
shall be a one dollar ($1.00) transfer fee.
