City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
Editor’s Note: Sections 1—21 of Ord. No. 1759, adopted January 7, 2013, rewrote this entire Chapter by amending certain Sections, renumbering certain Sections and removing certain Sections. We have retained all previous ordinance history when that was possible; however, the previous editor’s notes were removed since they would no longer make sense with the renumbering that occurred. The following Sections were deleted without any replacement provisions: Section 600.060, General Retail Sales of Non-Intoxicating Beer Only in the Original Package, adopted by Ord. No. 1511 §8, 5-16-2006; Section 600.090, Certain Holidays, Sale by the Drink on Sunday Allowed, adopted by Ord. No. 1511 §11, 5-16-2006; Section 600.110, General Retail Sales of Non-Intoxicating Beer Only by the Drink, adopted by Ord. No. 1511 §13, 5-16-2006. The remaining Sections all contain ordinance history to the appropriate Section of Ord. No. 1759 as well as any previous history.
[Ord. No. 1511 §§1, 3, 5-16-2006; Ord. No. 1759 §§1, 21, 1-7-2013]
When used in this Chapter, the following words shall have the following meanings:
AMUSEMENT PLACE
Any establishment whose building contains a square footage of at least six thousand (6,000) square feet, and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played or has a dance floor of at least two thousand five hundred (2,500) square feet or any outdoor golf course with a minimum of nine (9) holes, and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales.
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
INTOXICATING LIQUOR
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.
LIGHT WINES
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.
MALT LIQUOR
An intoxicating 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.
ORIGINAL PACKAGE
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 three (3) or more standard bottles of beer.
PERSON
An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal court.
1. 
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;
2. 
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
3. 
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.
RESTAURANT BAR
Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises.
SALE BY THE DRINK
The sale of any intoxicating liquor except malt liquor in the original package in any quantity less than fifty (50) milliliters shall be deemed a "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 Section 600.015, Sale by the Drink Defined, was repealed 5-16-2006 by Ord. No. 1511 §2 and was subsequently designated as “reserved” by Ord. No. 1759 §21, adopted 1-7-2013. See now Section 600.010 for the definition of “sale by the drink.”
[Ord. No. 1511 §4, 5-16-2006; Ord. No. 1759 §§2, 21, 1-7-2013]
No person shall sell or offer for sale intoxicating liquor in the City of Oak Grove without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth in this Chapter. A person seeking to sell or offering for sale intoxicating liquor in a City park shall be required to obtain a license under this Section upon a recommendation from the Park Board.
[Ord. No. 1511 §5, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A. 
Individuals. No person may be granted a license under this Chapter unless that person will be actively engaged in the control and management of the particular alcoholic beverage establishment for which a license is sought. The applicant must be at least twenty-one (21) years of age, of good moral character and have not been convicted of a felony or of any distribution, sale or possession of any controlled substances or dangerous drugs and be a qualified legal voter and taxpaying citizen of the state of Missouri. No person may be granted a license under this Chapter who has had a license previously revoked, or who has been convicted, since the ratification of the Twenty-First Amendment to the United States Constitution, of a violation of the provisions of any law applicable to the manufacture or sale of alcoholic beverages, or who employs in his or her business any person whose license has been revoked, or who has been convicted of violating the provisions of any such law since the ratification of the Twenty-First Amendment to the United States Constitution.
B. 
Partnerships And Limited Liability Companies. No license permitted by this Chapter may be issued to any partnership unless all members of the partnership are persons who would be eligible for a license as individuals under the provisions of this Chapter and no license may be issued to any partnership that has been the holder of a license that has been revoked. No license permitted by this Chapter may be issued to any limited liability company unless all members, managers and agents of the limited liability company are persons who would be eligible for a license as an individual under the provisions of this Chapter, and no license may be issued to any limited liability company that has been the holder of a license that has been revoked.
C. 
Corporations. No license permitted by this Chapter shall be issued to a corporation unless the following conditions have been satisfied:
1. 
All officers and directors of the corporation must be persons of good moral character.
2. 
The managing officer of the corporation must be a person who is eligible for a license as an individual under the provisions of this Chapter.
3. 
The corporation has never been the holder of a liquor license that has been revoked.
D. 
Right Of Possession Or Occupancy Of Premises. Applicants for licenses under this Chapter must be in possession of the premises for which the license is sought or have the legal right to occupy the premises before any license may be issued.
[Ord. No. 1511 §6, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A. 
Operating Hours. No licensee or any employee of such licensee shall sell, give away or otherwise dispose of, or allow the same to be done, on or about the 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. on Sunday and 6:00 A.M. on Monday, except as otherwise authorized and licensed for Sunday sales pursuant to this Chapter. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times.
B. 
Posting License. Each license issued in accordance with this Chapter shall be conspicuously posted on the premises for which the license has been issued.
C. 
Posting Warning Sign. Any person who is licensed to sell or serve alcoholic beverages at any establishment under this Chapter shall place on the premises of the establishment a warning sign as described in this Subsection (C). The warning sign must be at least eleven (11) inches by fourteen (14) inches and shall read: "WARNING: Drinking alcoholic beverages during pregnancy may cause birth defects." The licensee must display the warning sign in a conspicuous place on the licensed premises. Notwithstanding other provisions of this Chapter to the contrary, a person found in violation of this Subsection (C) shall be issued a warning; no person who violates the provisions of this Subsection shall be guilty of a crime.
D. 
Separate Licenses Required. A separate license shall be required for each place of business. Every license issued under the provision of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold as authorized by the license, and that license does not authorize or permit the sale of intoxicating liquor at any place other than that described on the license.
E. 
Transferability. No license issued under this Chapter shall be transferable or assignable except as provided in this Subsection (E).
1. 
In the event of the death of the licensee, the widow or widower or the next of kin of the deceased licensee may make an application to the City Clerk for a transfer of the license to permit the operation of the deceased's business for the remainder of the period for which the license fee has been paid by the deceased. The applicant for a transfer pursuant to this Subsection must meet the other requirements of this Chapter before a transfer may be approved.
2. 
Whenever one (1) or more members of a partnership withdraws from the partnership, the City Clerk, upon written request, shall permit the remaining partner or partners originally licensed to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license.
3. 
Whenever one (1) or more members, managers or agents of a limited liability company withdraws from the company, the City Clerk, upon written request, shall permit the remaining members, managers or agents originally licensed to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license.
F. 
Proximity To School Or Church.
1. 
No license shall be issued under this Chapter for the sale of intoxicating liquor within one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, unless the application is approved by a majority vote of the Board of Aldermen after ten (10) days' written notice to all owners of property within one hundred (100) feet of the proposed licensed premises. 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, a renewal license shall not be denied solely for this reason.
2. 
This provision of Subdivision (1) shall not apply:
a. 
To a license issued by the Supervisor of Alcohol and Tobacco Control pursuant to Section 311.218, RSMo.; or
b. 
Any premises holding a license issued before January 1, 2004, by the City 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.
3. 
No license shall be issued under this Chapter for the sale of intoxicating liquor less than three hundred one (301) feet but greater than one hundred (100) feet from any school, church or other building regularly used as a place of religious worship, unless the applicant for the license first obtains the written consent of the board of directors of the school or written consent of the majority of the managing board of the church or place of worship; except that when a school, church or place of worship locates less than three hundred one (301) feet but greater than one hundred (100) feet from a business in possession of a valid license to sell intoxicating liquor, a renewal license shall not be denied solely for lack of the written consent described in this Subsection.
G. 
Change Of Licensee's Location. In the event any licensee desires to change the location of the licensee's place of business within the City, the licensee shall file an application in the same manner as provided for an original application in this Chapter, except that no additional license fee shall be charged for the remainder of the period for which the license fee has been paid and the amended license describing the new place location shall be issued immediately upon the approval of the application by the Board of Aldermen. Any change of location of the enterprise prior to the issuance of an amended license as described in this Subsection shall constitute a violation of this Chapter.
H. 
Proration Of Original License Fee. Notwithstanding other Sections of this Chapter to the contrary, an applicant for an original license shall pay a prorated annual license fee based upon the number of full and partial months remaining in the current license year.
I. 
Sale Of Liquor through Drive-Up/Drive-Through Windows. No licensee or any employee of such licensee shall sell, give away or otherwise dispose of, or allow the same to be done, any intoxicating liquor through a drive-up/drive-through window.
[Ord. No. 1742 §1, 7-16-2012]
[Ord. No. 1511 §7, 5-16-2006; Ord. No. 1759 §§3, 21, 1-7-2013]
A. 
Scope. A license for the privilege of selling malt liquor only at retail in the original package not for consumption on the premises where sold. Under a license issued pursuant to this Section, no malt 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 in this Chapter or by law.
B. 
Qualifications. In addition to all other requirements of this Chapter, no license shall be issued under the terms of this Section except to a person engaged in and to be used in connection with the operation of one (1) or more of the following businesses:
1. 
A drugstore;
2. 
A cigar and tobacco store;
3. 
A confectionery or delicatessen store;
4. 
A grocery store;
5. 
A general merchandise store; or
6. 
To any person who does not have and keep in such person's 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.
C. 
Fee. A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter upon payment of an annual license fee of twenty-two dollars fifty cents ($22.50).
D. 
Restriction Of Number Of Licenses Available. There shall be no limit on the number of licenses available under the terms of this Section.
[Ord. No. 1511 §9, 5-16-2006; Ord. No. 1759 §§5, 21, 1-7-2013]
A. 
Scope. A license for the privilege of selling intoxicating liquor of all kinds at retail in the original package not for consumption on the premises where sold.
B. 
Qualifications. In addition to all other requirements of this Chapter, no license shall be issued under the terms of this Section except to a person engaged in and to be used in connection with the operation of one (1) or more of the following businesses:
1. 
A drugstore;
2. 
A cigar and tobacco store;
3. 
A confectionery or delicatessen store;
4. 
A grocery store;
5. 
A general merchandise store; or
6. 
To any person who does not have and keep in such person's 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.
C. 
Fee. Subject to Subsection (D) of this Section, a license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter upon payment of an annual license fee of one hundred fifty dollars ($150.00).
D. 
Restriction Of Number Of Licenses Available. There shall be no limit on the number of licenses available under this Section.
[Ord. No. 1511 §10, 5-16-2006; Ord. No. 1759 §§6, 21, 1-7-2013]
A. 
Scope. A license for the privilege of selling on Sundays intoxicating liquor of all kinds at retail in the original package not for consumption on the premises where sold.
B. 
Hours When Selling Permitted. A person licensed to sell intoxicating liquors of all kinds in the original package on Sunday may only sell these intoxicating liquors between the hours of 9:00 A.M. and 12:00 Midnight.
C. 
Fee. A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter, including possession of a valid license issued pursuant to Section 600.050 or 600.060 of this Chapter upon payment of an annual license fee of two hundred dollars ($200.00).
[Ord. No. 1511 §12, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A. 
Scope. A license for the privilege of selling malt liquor/light wine only at retail by the drink for consumption on the premises where sold. No malt liquor/light wine shall be removed from the premises where sold under a license issued pursuant to this Section.
B. 
Fee. A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter upon payment of an annual license fee of fifty-two dollars fifty cents ($52.50).
C. 
Restriction Of Number Of Licenses Available. There shall be a limit on the number of licenses available under this Section of one (1) license for each two thousand (2,000) inhabitants or fraction thereof residing within the City as shown by the last decennial census of the United States.
[Ord. No. 1511 §14, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A. 
Scope. A license for the privilege of selling intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section.
B. 
Fee. A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter upon payment of an annual license fee of three hundred dollars ($300.00).
C. 
Restriction Of Number Of Licenses Available. There shall be a limit on the number of licenses available under this Section of one (1) license for each two thousand (2,000) inhabitants or fraction thereof residing within the City as shown by the last decennial census of the United States.
[Ord. No. 1759 §§8, 21, 1-7-2013]
A. 
Scope. A license for the privilege of selling intoxicating liquor of all kinds at retail by the drink on Sunday for consumption on the premises where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section.
B. 
Hours When Selling Permitted. A person licensed to sell intoxicating liquors of all kinds by the drink for consumption on the premises where sold on Sunday may only sell these intoxicating liquors between the hours of 9:00 A.M. and 12:00 Midnight.
C. 
Qualifications. As a prerequisite of the issuance of any license described in this Section, the applicant must be the holder of a current and valid license issued under Section 600.090 of this Chapter.
D. 
Fees. A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter upon payment of an annual license fee of two hundred dollars ($200.00).
[Ord. No. 1511 §15, 5-16-2006; Ord. No. 1759 §§10, 21, 1-7-2013]
A. 
Scope. A license for the privilege of selling intoxicating liquor of all kinds at retail by the drink for consumption on the premises of the restaurant bar or transient guest accommodations where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section.
B. 
Qualifications.
1. 
Transient guest accommodations. The applicant for a license for transient guest accommodations under this Section must be operating an establishment having at least forty (40) rooms for the overnight accommodations of transient guests.
2. 
Existing restaurant bars. The applicant for a license for an existing restaurant bar must be operating an establishment having a restaurant or similar facility on the premises, at least fifty percent (50%) of the gross income of which is derived from the sales of prepared meals or food consumed on the premises, or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on the premises.
3. 
Newly opened restaurant bars. Any restaurant bars having been in operation less than ninety (90) days may be issued a temporary license to sell intoxicating liquor of all kinds at retail by the drink for consumption on the premises of that restaurant bar where sold for a period not to exceed ninety (90) days, provided that the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent (50%) of the total gross income of the restaurant bar for the year.
C. 
Fees.
1. 
A permanent license under the terms of this Section shall be issued to all qualified applicants for a permanent license who have fully complied with the provisions of this Chapter upon payment of an annual license fee of two hundred dollars ($200.00) except where the permanent license is being issued with regard to a transition from a temporary to a permanent license under Subsection (D) of this Section, in which case a permanent license shall be issued to a qualified applicant for a permanent license who has complied fully with the provisions of this Chapter upon payment of a prorated license fee of one hundred seventy-five dollars ($175.00).
2. 
A temporary license under the terms of this Section shall be issued to all qualified applicants for a temporary license who have fully complied with the provisions of this Chapter upon payment of a temporary license fee of seventy-five dollars ($75.00).
D. 
Transition From Temporary To Permanent License. Thirty (30) days prior to the date of expiration of the temporary license described in Subsection (B)(3) of this Section, the temporary licensee may submit an application for a permanent license as provided in this Chapter.
E. 
Restriction Of Number Of Licenses Available. There shall be no limit on the number of licenses available under this Section.
[Ord. No. 1511 §16, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A. 
Scope. A license for the privilege of selling intoxicating liquor of all kinds at retail by the drink for consumption on the premises of the amusement place where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section.
B. 
Qualifications.
1. 
Existing amusement places. The applicant must be operating an amusement place as defined in Section 600.010 of this Chapter which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) are in sales of non-alcohol items.
2. 
Newly-opened amusement places. Any amusement place having been in operation less than ninety (90) days may be issued a temporary license to sell intoxicating liquor of all kinds at retail by the drink for consumption on the premises of the restaurant bar where sold for a period not to exceed ninety (90) days, provided that the amusement place can show a projection of gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) are in sales of non-alcohol items for the first (1st) year of operation.
3. 
Proof of gross receipts. The Board of Aldermen may demand proof of such gross receipts in whatever manner deemed appropriate to determine whether an applicant meets the qualifications for a license under this Section.
C. 
Fees.
1. 
A permanent license under the terms of this Section shall be issued to all qualified applicants for a permanent license who have fully complied with the provisions of this Chapter upon payment of an annual license fee of two hundred dollars ($200.00), except where the permanent license is being issued with regard to a transition from a temporary to a permanent license under Subsection (E) of this Section, in which case a permanent license shall be issued to a qualified applicant for a permanent license who has complied fully with the provisions of this Chapter upon payment of a prorated license fee of one hundred seventy-five dollars ($175.00).
2. 
A temporary license under the terms of this Section shall be issued to all qualified applicants for a temporary license who have fully complied with the provisions of this Chapter upon payment of a temporary license fee of seventy-five dollars ($75.00).
D. 
Restriction Of Number Of Licenses Available. There shall be no limit on the number of licenses available under this Section.
[1]
Editor’s Note: Former Section 600.130, Restaurant Bar or Transient Guest Accommodations Sales of Intoxicating Liquor of All Kinds by the Drink, was renumbered by Ord. No. 1759 §10, adopted 1-7-2013, as Section 600.110. Section 21 of Ord. No. 1759 designated Section 600.130 as “reserved.”
[Ord. No. 1511 §18, 5-16-2006; Ord. No. 1759 §§11, 21, 1-7-2013]
A. 
Scope. A license for the privilege of selling intoxicating liquor of all kinds at retail by the drink on Sunday for consumption on the premises of the restaurant bars, transient guest accommodations, amusement places or places of entertainment where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section.
B. 
Hours When Selling Permitted. A person licensed to sell intoxicating liquors of all kinds by the drink for consumption on the premises of the restaurant bars or transient guest accommodations where sold on Sunday may only sell these intoxicating liquors between the hours of 9:00 A.M. and 12:00 Midnight.
C. 
Qualifications. As a prerequisite of the issuance of any license described in this Section, the applicant must be the holder of a current and valid license issued under Sections 600.110 and 600.120 of this Chapter.
D. 
Fees.
1. 
A permanent license under the terms of this Section shall be issued to all qualified applicants for a permanent license who have fully complied with the provisions of this Chapter upon payment of an annual license fee of one hundred dollars ($100.00), except where the permanent license is being issued with regard to a transition from a temporary to a permanent license under the provisions of Subsection (E) of this Section, in which case a permanent license shall be issued to a qualified applicant for a permanent license who has complied fully with the provisions of this Chapter upon payment of a prorated license fee of seventy-five dollars ($75.00).
2. 
A temporary license under the terms of this Section shall be issued to all qualified applicants for a temporary license who have fully complied with the provisions of this Chapter upon payment of a temporary license fee of twenty-five dollars ($25.00).
E. 
Transition From Temporary To Permanent License. Thirty (30) days prior to the date of expiration of the temporary license described in Subsection (D)(2) of this Section, the temporary licensee may submit an application for a permanent license as provided in this Chapter.
F. 
Restriction Of Number Of Licenses Available. There shall be no limit on the number of licenses available under this Section.
[Ord. No. 1759 §§12, 21, 1-7-2013]
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 (32) thirty-two 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 Director of Liquor Control 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.
[Ord. No. 1511 §19, 5-16-2006; Ord. No. 1759 §§13, 21, 1-7-2013]
A. 
Scope. A license for the privilege of selling and/or serving intoxicating liquor of all kinds at retail by the drink for consumption on the premises at a particular function, occasion or event at a particular location other than the licensed premises; or selling of intoxicating liquor or malt liquor and light wine in the original package for consumption off the licensed premises. No intoxicating liquor sold under a license issued pursuant to this Section shall be removed from the premises where sold. A license issued pursuant to this Section shall be either a Type A license or a Type B license. A Type A license shall be effective for a maximum of fifty (50) days during any year. A Type B license shall be effective for an unlimited number of functions during any year. For the purposes of this Section, a year shall be measured from July 1 to June 30 of the succeeding year.
B. 
Qualifications. In addition to all other requirements of this Chapter, an applicant for a license issued under this Section must be in possession of a current and valid license to sell intoxicating liquor at retail by the drink for consumption on the premises or malt liquor original package license pursuant to the provisions of this Chapter.
C. 
Fee. A license under the terms of this Section shall be issued to all qualified applicants who have fully complied with the provisions of this Chapter upon payment of an annual license fee of seventy-five dollars ($75.00) for a Type A license or one hundred fifty dollars ($150.00) for a Type B license.
D. 
Restriction Of Number Of Licenses Available. There shall be no limit on the number of licenses available under the terms of this Section.
E. 
Hours Of Operation. A person issued a license under this Section is authorized to serve intoxicating liquors of all kinds at a function, occasion or event during the hours at which intoxicating liquors of all kinds may lawfully be sold and/or served upon premises licensed to sell intoxicating liquors of all kinds for on-premises consumption or in the original package for consumption off the licensed premises and who is licensed to sell intoxicating liquors of all kinds for on-premises consumption or licensed to sell malt liquor/light wine in the original package.
F. 
Reporting Requirements. A person issued a license under this Section shall report to the City Clerk the location of each function, occasion or event three (3) business days in advance. The report shall be in writing on a form provided by the City and shall include, at a minimum, permission from the owner of the property where the function, occasion or event will be held, a description of the premises and the date or dates the function will be held.
G. 
Delivery. Notwithstanding any other provision of this Chapter to the contrary and according to Section 311.486.5, RSMo., any person who possesses a valid license under this Section may deliver alcoholic beverage in the course of his or her catering business.
[Ord. No. 1511 §20, 5-16-2006; Ord. No. 1759 §§14, 21, 1-7-2013]
A. 
Scope. Notwithstanding any other provision of this Chapter and pursuant to Section 311.482, RSMo., the City Clerk may issue a permit for the sale of intoxicating liquor for consumption on the premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale at a picnic, bazaar, fair or similar gathering. A permit issued under this Section shall be issued only for the day or days named therein, and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any club or organization.
B. 
Hours When Selling Permitted. A club or organization possessing a valid temporary permit issued pursuant to this Section may sell intoxicating liquor during the times set forth in Section 600.040(A) of this Chapter. If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day, beginning at 11:00 A.M.
C. 
Notice Required. At the time an applicant applies for a temporary permit under this Section, the applicant shall notify the Missouri Director of Revenue of the holding of the event as provided in Section 311.482.3, RSMo.
D. 
Fee. A temporary permit issued under the terms of this Section shall be issued to all qualified applicants upon payment of a permit fee of thirty-seven dollars fifty cents ($37.50).
E. 
No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the permit holder at the event described in the permit.
[Ord. No. 1511 §21, 5-16-2006; Ord. No. 1759 §§15, 21, 1-7-2013]
A. 
Filing Of An Application. Each application for an original or renewal license shall be filed with the City Clerk on a form to be provided by the City, signed and sworn to by the applicant. Applications for renewal of licenses must be filed on or before the first day of May of each year. Each application shall be accompanied by a proper remittance reflecting the appropriate license fee made payable to the City. In the event the application is withdrawn prior to the hearing, or if the Board of Aldermen denies the application, the City Clerk shall refund the license fee to the applicant within a reasonable time, not to exceed thirty (30) days.
B. 
Applications By Corporations. Corporate applicants shall state the full name of the corporation, its date of incorporation and whether the corporation operates any other business or controls, or is controlled by, any other corporation or business, its registered agent and registered address and the location of all businesses operated by it and the name and address of businesses operated by it which possess a liquor license, whether within or without the City. Corporate applicants shall also state if its controlling corporation or a corporation controlled by it is doing business under a fictitious name and the address where the fictitiously named business is located.
C. 
Additional Information. The Board of Aldermen may request any additional information of an applicant as the Board deems necessary for it to make a determination with respect to the issuance of a liquor license according to this Chapter.
D. 
Date For Hearing, Consideration By The Board. Upon the filing of a completed application for an original license with the City Clerk, the Clerk shall fix a date for a hearing before the Board of Aldermen not more than thirty-one (31) days from the date the completed application was filed. The City Clerk shall provide the applicant with written notice of the date and time of the hearing. Except as provided in Section 600.180 of this Chapter, the Board of Aldermen shall consider an application for license renewal within thirty-one (31) days of the filing of a completed application.
[Ord. No. 1511 §22, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
A. 
The Board of Aldermen shall consider the application for original or renewal license, together with any applicable report or recommendation of the City staff, the testimony provided at any applicable hearing and may approve an application by a majority vote of the full Board of Aldermen if it finds that:
1. 
The location of the proposed business for which a license is sought, with respect to its proximity to a school, church, public park, playground and other places of the character, would be in the best interests of the locality of the business seeking the license;
2. 
The applicant meets all of the applicable qualifications and requirements for the issuance of a license as set forth in this Chapter;
3. 
The applicant is in compliance and plans and proposes to conduct a retail liquor business in compliance with the laws of the State of Missouri, the ordinances of the City and the provisions of this Chapter.
B. 
A hearing upon an application for license renewal is not required, unless:
1. 
Requested, in writing, by applicant at the time the completed application is filed with the City Clerk; or
2. 
Before twenty-four (24) hours prior to the time of the meeting at which the Board of Aldermen is scheduled to consider an application for license renewal, any person residing or legally conducting business within two hundred (200) feet of the applicant's place of business files a written protest against the renewal of the applicant's license.
C. 
In the event that the Board of Aldermen denies an application for license renewal for which no hearing was held, the applicant may, within ten (10) days, file with the City Clerk a written request for reconsideration at a hearing by the Board at its next regularly scheduled meeting. The Board of Aldermen shall liberally grant such request for rehearing.
[Ord. No. 1511 §23, 5-16-2006; Ord. No. 1759 §§16, 21, 1-7-2013]
Upon approval by the Board of Aldermen of any application for a license under this Chapter, the City Clerk shall issue the applicant the applicable license for a term to expire the 30th day of June next succeeding the date of issuance of the license, unless the license is revoked or suspended for cause before the expiration of the license term.
[Ord. No. 1511 §24, 5-16-2006; Ord. No. 1759 §§17, 21, 1-7-2013]
A. 
Suspension Or Revocation Of License - When - Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board no less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, United States mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.220 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. 
Violating any of the provisions of either this Chapter or Chapter 311, RSMo., or any ordinance of the City;
2. 
Failing to obtain or keep a license from the State Supervisor of Liquor Control;
3. 
Making a false affidavit in an application for a license under this Chapter;
4. 
Failing to keep an orderly place or house;
5. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
6. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. 
Selling, giving or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years;
b. 
Any person during unauthorized hours on the licensed premises;
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor; or
d. 
Any person on the licensed premises during a term of suspension as ordered by the Board.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311, RSMo., or of any felony violation of Chapter 195, RSMo., in the course of business. A license shall be suspended automatically if the licensee's State liquor license is suspended, and the suspension shall be for a term not less than that imposed by the State.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the Board shall sell or give away any intoxicating liquor or non-intoxicating beer during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the Board's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
[Ord. No. 1511 §25, 5-16-2006; Ord. No. 1759 §§18, 21, 1-7-2013]
A. 
Testimony - Evidence. Hearings before the Board shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. 
Witnesses - How Summoned. Subpoenas may be issued by the Board for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
D. 
Decision - Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.210 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within ten (10) days of the date of the Board's decision. The Board may delay the implementation of its order pending appeal.
[Ord. No. 1511 §26, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
Any druggist may have in his or her possession intoxicating liquor purchased by him or her from a licensed vendor under a license pursuant to State law or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State and lawfully inspected, gauged and labeled as provided by State law; such intoxicating liquor to be used in connection with the business of a druggist in compounding medicines or as a solvent or preservant; provided that nothing in this Chapter shall prevent a regularly licensed druggist, after he or she procures a license therefor, from selling intoxicating liquor in the original package, but not to be drunk or the packages opened on the premises where sold; and provided further, that nothing in this Chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his or her professional judgment for any patient at any time or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician as above provided.
[Ord. No. 1511 §27, 5-16-2006; Ord. No. 1537 §2, 9-5-2006; Ord. No. 1759 §§19, 21, 1-7-2013]
A. 
Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, 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 employees 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. 
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 consist 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. 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.
C. 
Misrepresentation Of Age By Minor To Obtain Liquor - Use Of Altered Driver's License, Passport Or Identity 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. Any person under the age of twenty-one (21) years who purchases or attempts to purchase or has in his/her possession any intoxicating liquor as defined in Section 600.010 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 (0.02%) or more by weight of alcohol in such person's blood is in violation of this Section. For purposes of prosecution under this Section, 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.
[Ord. No. 1511 §28, 5-16-2006; Ord. No. 1759 §§20 — 21, 1-7-2013]
A. 
Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler.
1. 
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.
2. 
Any retailer licensed pursuant to this Chapter shall not:
a. 
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
b. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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 City, or any parking lot or City park.
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 on, 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.
G. 
Live Entertainment On Premises Prohibited. No person licensed for the sale of intoxicating liquor by the drink for consumption on the premises shall permit or allow any live entertainment on the premises. The playing and singing of music solely shall not be considered entertainment under this Section.
H. 
Lewd Acts Prohibited. Certain acts prohibited in premises licensed to sell at retail intoxicating liquor, wine or beer. It shall be unlawful for any retail licensee licensed to sell intoxicating liquor, wine or beer or his/her employee to permit in or upon his/her licensed premises:
1. 
The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
2. 
The displaying of any portion of the areola of the female breast;
3. 
The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
4. 
The actual or simulated displaying of the pubic hair, anus, vulva or genitals;
5. 
Any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus; and
6. 
The displaying of films, video programs or pictures depicting acts, the live performances of which are prohibited by this regulation or by any other law.
I. 
In addition to the licensee and/or his/her employee being subject to punishment as set forth in Section 100.220 (General Penalty), violation of any act or other provision contained herein shall be grounds for the license of the licensee to be suspended or revoked.
[Ord. No. 1511 §29, 5-16-2006; Ord. No. 1759 §21, 1-7-2013]
Any person violating any of the provisions of this Chapter shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment.