Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.
When used in this Chapter, the following words shall have the
following meanings:
A place where all doors are locked and where no patrons are
in the place or about the premises.
Alcohol for beverage purposes, including 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. 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.
An intoxicating liquor consisting of wine containing not
in excess of fourteen percent (14%) of alcohol by weight made exclusively
from grapes, berries and other fruits and vegetables.
An intoxicating liquor containing alcohol 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.
Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
Any establishment having at least thirty (30) 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 means 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 receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales; or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross food receipts requirements
of this definition, if any facility which is a part of the resort
meets such requirement, such requirement shall be deemed met for any
other facility which is a part of the resort.
The sale of any intoxicating liquor except malt liquor, in the
original package, in any quantity less than fifty (50) milliliters
shall be deemed "sale by the drink" and may be made only by a holder
of a retail liquor dealer's license 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.
[1]
Editor's Note: Former Sections 600.020, License Required —
Classes of Licenses, and 600.030, License Regulations, were repealed
7-20-2022 by Ord. No. 07-22.
A.
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred (100) feet of any school,
church or other building regularly used as a place of religious worship,
unless the applicant for the license shall first obtain the consent
in writing of the Board of Trustees, except that when a school, church
or place of worship shall hereafter be established within one hundred
(100) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
feet of the proposed licensed premises.
B.
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C.
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[1]
Editor's Note: Former Section 600.040, Schedule of License
Fees, was repealed 7-20-2022 by Ord. No. 07-22.
A.
The Village may issue a temporary permit to caterers and other persons
holding licenses to sell intoxicating liquor by the drink at retail
for consumption on the premises pursuant to the provisions of this
Chapter who furnish provisions and service for use at a particular
function, occasion or event at a particular location other than the
licensed premises, but not including a "festival" as defined in Chapter
316, RSMo. The temporary permit shall be effective for a period not
to exceed one hundred sixty-eight (168) consecutive hours, and shall
authorize the service of alcoholic beverages at such function, occasion
or event during the hours at which alcoholic beverages may lawfully
be sold or served upon premises licensed to sell alcoholic beverages
for on-premises consumption. For every permit issued pursuant to the
provisions of this Section, the permittee shall pay to the Village
an amount as set out in Section 600.040(A)(3)(c) above, or fraction
thereof, for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the Village, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. This temporary permit shall allow the sale of intoxicating liquor in the original package.
C.
Notwithstanding any other law to the contrary, any caterer who possesses
a valid State and valid local liquor license may deliver alcoholic
beverages, in the course of his/her catering business. A caterer who
possesses a valid State and valid local liquor license need not obtain
a separate license for each Village the caterer delivers in, so long
as such Village permits any caterer to deliver alcoholic beverages
within the Village.
D.
To assure and control product quality, wholesalers may, but shall
not be required to, give a retailer credit for intoxicating liquor
with an alcohol content of less than five percent (5%) by weight delivered
and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the
expiration of the catering permit issued pursuant to this Section.
A.
Any person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a table tap dispensing system to
allow patrons of the licensee to dispense beer at a table. Before
a patron may dispense beer, an employee of the licensee must first
authorize an amount of beer, not to exceed thirty-two (32) ounces
per patron per authorization, to be dispensed by the table tap dispensing
system.
B.
No provision of law or rule or regulation of the Village shall be
interpreted to allow any wholesaler, distributor, or manufacturer
of intoxicating liquor to furnish table tap dispensing or cooling
equipment or provide services for the maintenance, sanitation, or
repair of table tap dispensing systems.
[1]
Editor's Note: Former Section 600.055, Application for License
and Renewal, was repealed 7-20-2022 by Ord. No. 07-22.
A.
Persons Eighteen (18) Years Of Age Or Older May Sell Or Handle
Intoxicating Liquor, When.
1.
Except as otherwise provided in this Section, no person under
the age of twenty-one (21) years shall sell or assist in the sale
or dispensing of intoxicating liquor.
2.
In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out, intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.
3.
In any distillery, warehouse, wholesale distributorship, or
similar place of business which stores or distributes intoxicating
liquor but which does not sell intoxicating liquor at retail, persons
at least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.
4.
Persons eighteen (18) years of age or older may, when acting
in the capacity of a waiter or waitress, accept payment for or serve
intoxicating liquor in places of business which sell food for consumption
on the premises if at least fifty percent (50%) of all sales in those
places consists of food; provided that nothing in this Section shall
authorize persons under twenty-one (21) years of age to mix, or serve
across the bar, intoxicating beverages.
B.
Sales To Minor — Exceptions.
1.
No licensee, his/her employee, or any other person shall procure
for, 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, except that this Section shall not apply to the parent
or guardian of the minor nor 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 such 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 while serving in
the capacity as an employee of a licensed establishment.
2.
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/her parent or guardian, is guilty of an ordinance violation.
3.
It shall be a defense to prosecution under this Subsection if:
a.
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.
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
c.
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.
C.
Misrepresentation Of Age By Minor To Obtain Liquor —
Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors In Possession Of Intoxicating Liquor.
1.
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have 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.
2.
Any person under the age of twenty-one (21) years who purchases
or attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person.
a.
"Full information" is limited to the following:
(1)
The type of test administered and the procedures
followed;
(2)
The time of the collection of the blood or breath
sample or urine analyzed;
(3)
The numerical results of the test indicating the
alcohol content of the blood and breath and urine;
(4)
The type and status of any permit which was held
by the person who performed the test;
(5)
If the test was administered by means of a breath-testing
instrument, the date of performance of the most recent required maintenance
of such instrument.
b.
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
3.
Exception.
a.
The provisions of this Subsection shall not apply to a student
who:
(1)
Is eighteen (18) years of age or older;
(2)
Is enrolled in an accredited college or university
and is a student in a culinary course;
(3)
Is required to taste, but not consume or imbibe,
any beer, ale, porter, wine, or other similar malt or fermented beverage
as part of the required curriculum; and
(4)
Tastes a beverage under Subsection(D)(3)(c) of
this Section only for instructional purposes during classes that are
part of the curriculum of the accredited college or university.
b.
The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
For purposes of determining violations and prosecution under
this Chapter, or 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 no 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.
A.
Unlawful For Licensed Retailer To Purchase From Other Than
Licensed Wholesaler. It shall be unlawful for any licensee
to purchase any intoxicating liquor except from, by or through a duly
licensed wholesale liquor dealer in this State. It shall be unlawful
for such retail liquor dealer to sell or offer for sale any intoxicating
liquor purchased in violation of the provisions of this Section.
B.
Packaging, Labeling, Repackaging Prohibited, When. Any retailer licensed pursuant to this Chapter shall not:
1.
Sell intoxicating liquor with an alcohol content of less than
five percent (5%) by weight to the consumer in an original carton
received from the wholesaler that has been mutilated, torn apart or
cut apart; or
2.
Repackage intoxicating liquor with an alcohol content of less
than five percent (5%) by weight in a manner misleading to the consumer
or that results in required labeling being omitted or obscured.
C.
Mixing Liquor With Drugs Prohibited. No licensee,
or any other person, shall for any purpose whatsoever mix or permit
or cause to be mixed with any intoxicating liquor kept for sale, sold
or supplied by him/her as a beverage any drug or form of methyl alcohol
or impure form of alcohol.
D.
Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful for any person to sell any intoxicating liquor
which has not been inspected and labeled according to the provisions
of the Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive
any subsequent liquor license for a period of two (2) years thereafter.
E.
Only Those Liquors Authorized By License To Be Kept On Premises. It shall be unlawful for any licensee licensed for the sale of intoxicating
liquor at retail by the drink for consumption on the premises to keep
in or upon the premises described in such license any intoxicating
liquor other than the kind of liquor expressly authorized to be sold
by such licensee.
F.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his/her
employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
G.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall
mean any public street, highway, alley, sidewalk, thoroughfare or
other public way of the Village, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or
on any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon, or parked or standing in or upon,
any public place. Any person operating a motor vehicle shall be deemed
to be in possession of an open container contained within the motor
vehicle he/she has control of whether or not he/she has actual physical
possession of the open container.
[1]
Editor's Note: Former Sections 600.080, Warning Sign Displayed
— Liquor Licenses; 600.090, Administration of Law — License
Suspension/Revocation; and 600.100, Hearings Upon Suspension or Revocation
of Licenses, were repealed 7-20-2022 by Ord. No. 07-22.
