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.
A.
No
person shall sell or offer for sale intoxicating liquor in the City
of Excelsior Springs 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 herein.
B.
General Licenses. Any person possessing the qualifications
and meeting the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor:
1.
Package liquor — malt liquor only: Sales of
malt liquor at retail 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. This license may
include Sunday sales from 9:00 A.M. to Midnight.
2.
Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
4.
Malt liquor by the drink: Sales of malt liquor at
retail by the drink for consumption on the premises. This license
may include Sunday sales from 9:00 A.M. to Midnight.
C.
Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 9:00 A.M. and Midnight on Sundays.
D.
Permits.
1.
Temporary permit for sale by drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(B) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
3.
Tasting permit — winery, distiller, manufacturer, etc.
a.
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.
b.
Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide, furnish, or pour distilled spirits, wine, or
malt beverage samples for customer tasting purposes on any temporary
licensed retail premises as described in Sections 311.218, 311.482,
311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's
licensed premises as described in Section 311.090, RSMo.
c.
Any winery, distiller, etc., may provide or furnish distilled
spirits, wine or malt beverage samples on a licensed retail premises
— when.
(1)
Notwithstanding any other provisions of this Chapter to the
contrary, any winery, distiller, manufacturer, wholesaler, or brewer
or designated employee may provide or furnish distilled spirits, wine
or malt beverage samples on a licensed retail premises for customer
tasting purposes so long as the winery, distiller, manufacturer, wholesaler,
or brewer or designated employee has permission from the person holding
the retail license. The retail licensed premises where such product
tasting is provided shall maintain a special permit in accordance
with Section 311.294, RSMo., or hold a by the drink for consumption
on the premises where sold retail license. No money or anything of
value shall be given to the retailers for the privilege or opportunity
of conducting the on-the-premises product tasting.
(2)
Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer or
brewer or by a sampling retained by the retailer, winery, distiller,
manufacturer or brewer. All sampling service employees that provide
and pour intoxicating liquor samples on a licensed retail premises
shall be required to complete a server training program approved by
the Division of Alcohol and Tobacco Control.
(3)
Any distilled spirits, wine, or malt beverage sample provided
by the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.
[R.O. 2012 §600.090]
A.
Package Sales, Limitations. No license shall be issued for
the sale of intoxicating liquor in the original package, not to be
consumed upon the premises where sold, except to a person engaged
in, and to be used in connection with, the operation of one (1) or
more of the following businesses: a drug store, a cigar and tobacco
store, a grocery store, a general merchandise store, a confectionery
or delicatessen store, nor to any such person who does not have and
keep in his/her store a stock of goods having a value according to
invoices of at least one thousand dollars ($1,000.00), exclusive of
fixtures and intoxicating liquors. Under such license, no intoxicating
liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises of the vendor except as
otherwise provided in this Chapter or law.
B.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
Notwithstanding any other provision of this Chapter, a permit for
the sale of all kinds of intoxicating liquor, including intoxicating
liquor in the original package, at retail by the drink for consumption
on the premises of the licensee may be issued to any church, school,
civic, service, fraternal, veteran, political or charitable club or
organization for the sale of such intoxicating liquor at a picnic,
bazaar, fair or similar gathering. The permit 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 such club
or organization.
2.
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.
3.
At the same time that an applicant applies for a permit under the
provisions of this Subsection, the applicant shall notify the Director
of Revenue of the holding of the event by certified mail and by such
notification shall accept responsibility for the collection and payment
of any applicable sales tax.
4.
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 such picnic, bazaar, fair or similar gathering.
C.
Operating Hours, Days.
1.
No person having a license issued pursuant to this Chapter nor any employee of such person shall sell, give away, or permit the consumption of 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, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one room only, then the licensee shall keep securely locked during the hours and on the days herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed.
2.
When January first (1st), March seventeenth (17th), July fourth (4th)
or December thirty-first (31st) falls on Sunday, and on the Sundays
prior to Memorial Day and Labor Day and on the Sunday on which the
national championship game of the National Football League is played,
commonly known as "Super Bowl Sunday", any person having a license
to sell intoxicating liquor by the drink may be open for business
and sell intoxicating liquor by the drink under the provisions of
his/her license on that day from the time and until the time which
would be lawful on another day of the week, notwithstanding any provisions
of this Chapter to the contrary.
E.
General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted on the
premises for which the license has been issued.
2.
A separate license shall be required for each place of business.
Every license issued under the provisions of this Chapter 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.
3.
No license issued under this Chapter shall be transferable or assignable
except as herein provided. In the event of the death of the licensee,
the widow or widower or the next of kin of such deceased licensee,
who shall meet the other requirements of this Chapter, may make application
and the Liquor Control Officer may transfer such license to permit
the operation of the business of the deceased for the remainder of
the period for which a license fee has been paid by the deceased.
Whenever one (1) or more members of a partnership withdraws from the
partnership, the Liquor Control Officer, upon being requested, 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.
4.
In the event any licensee desires to change the location of his/her
place of business in the City, it shall be necessary for him/her to
file an application in the same manner as herein provided for an original
application, except that no additional fee shall be charged and the
amended license, describing the new location, shall be issued immediately
upon the approval of the application by the Liquor Control Officer.
Any change of location of the enterprise prior to issuance of such
an amended license shall constitute a violation of this Section.
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 Liquor Control Officer, 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.
A.
For
every license issued pursuant to this Chapter, the licensee shall
pay to the City of Excelsior Springs a yearly fee as specified in
the Schedule of Fees, Title I, Appendix A.
B.
Of
the license fee to be paid for any such license, the applicant shall
pay as many twelfths (12ths) as there are months (part of a month
counted as a month) remaining from the date of the license to the
next succeeding July first (1st).
A.
The
City 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 City an
amount as set out in the Schedule of Fees, Title I, Appendix A, 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 City, 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 City the caterer delivers in, so long as such City
permits any caterer to deliver alcoholic beverages within the City.
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.
[1]
Editor's Note: Section 600.050 "Table tap dispensing of beer permitted, when"; and section 600.055 "Registration by licensees of kegs containing beer, wine or intoxicating liquor — restrictions" were removed prior to adoption of the Code. Section 600.050 derived from section 311.205, RSMo.; section 600.055 derived from R.O. 2012 §600.425 and ord. no. 02-5-5 §§1 — 8, 5-20-2002.
[R.O. 2012 §600.055; Ord. No. 80-11-3 §5-100, 12-1-1980]
A.
It
shall be unlawful for the Liquor Control Officer to grant any license
for the sale of alcoholic beverages at retail to be consumed on the
premises in the City until fifty-one percent (51%) of the resident
property owners owning property within one hundred eighty-five (185)
feet of the boundaries of the property where the applicant intends
to sell such alcoholic beverages and fifty-one percent (51%) of the
tenants, if any, of said property, shall sign a petition asking such
license to be issued to the applicant in such block or square in the
City. Said petition shall be filed in the office of the Liquor Control
Officer before the application of the license is acted upon. All licenses
issued contrary to the provisions of this Section shall be void. Provided,
that no minor shall be counted for said petition or against said petition,
and no person to whom any real estate or other property has been deeded,
transferred, conveyed or donated, for the purpose of making him/her
or them eligible to sign said petition shall sign such petition.
B.
After
a site or location has once been approved by the Liquor Control Officer
for the sale of alcoholic beverage by the drink, and a license issued
by the City for the same, it shall not be required in subsequent years
that applicants for a license to sell alcoholic beverage by-the-drink
at that site or location submit a petition of approval of property
owners or tenants.
[R.O. 2012 §600.080; Ord. No. 6549, 12-15-1975]
All new applications for licenses, under the provisions of this
Chapter, shall be presented to the City Council by the Liquor Control
Officer along with his/her recommendations. When new applications
are approved by the Council, or renewals are requested by licensees,
the Liquor Control Officer is hereby authorized and empowered to issue
licenses provided by this Chapter for the manufacture or sale of alcoholic
beverages, at wholesale or retail, and may issue such licenses to
applicants who have complied with the terms of this Chapter and have
paid the necessary license fee. Furthermore, the Liquor Control Officer
shall see that all regulations and provisions of this Chapter and
other ordinances of the City and the laws of the State regulating
alcoholic beverages are properly enforced. If a Liquor Control Officer
has not been appointed, the City Manager shall so act.
[R.O. 2012 §600.910; Ord. No. 6549, 12-15-1975; Ord. No.
99-12-14, 12-20-1999]
The City of Excelsior Springs appoints the Chief of Police of
the City of Excelsior Springs as the Liquor Control Officer.
A.
Filing Of An Application. Each application for an original
or renewal license shall be filed with the Liquor Control Officer
on a form to be provided by the City, signed and sworn to by the applicant.
Each application shall be accompanied by a proper remittance reflecting
the appropriate license fee made payable to the City.
B.
Qualifications. Neither the applicant nor any officer, director
or shareholder of a corporate applicant shall have been convicted
of a felony or of any distribution, sale or possession of any controlled
substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which
may be subject to the applicant obtaining a liquor license, or a bona
fide lease duly executed by the lessor, or an option for a lease duly
executed, subject to the applicant obtaining a liquor license, covering
the property for which a liquor license is requested. If the applicant
is a corporation, the petition shall set forth all of the above information
with respect to the managing officer or officers, identifying such
officer or officers. The application shall further state the full
name of the corporation, its date of incorporation, its registered
agent and registered address, the names and addresses of all shareholders
of the corporation, and whether said corporation operates any other
business or controls or is controlled by any other corporation or
business and, if so, the application shall further state the name
of such controlled or controlling corporation or business, its registered
agent and registered address, and the location of all businesses operated
by it and the name and address of any such businesses with a liquor
license, whether within or without the City; and the application shall
also state if such controlling corporation or any controlled corporation
is doing business under a fictitious name, and the address where said
business is located. The Liquor Control Officer also may request such
additional information of an applicant as it may deem necessary for
it to make a determination with respect to the issuance of a liquor
license.
C.
Upon
approval of any application for a license, the Liquor Control Officer
shall grant the applicant a license to conduct business in the City
for a term to expire with the thirtieth (30th) day of June next succeeding
the date of such license, unless such license be revoked or suspended
for cause before the expiration of such time.
D.
Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year. Such renewal application shall be
reviewed by the Liquor Control Officer. Upon approval of the Liquor
Control Officer and payment of the license fee provided herein, the
Liquor Control Officer shall renew the license. In the event that
any person residing or conducting businesses within two hundred (200)
feet of the applicant's place of business shall file a written protest
against the renewal of such license, the Liquor Control Officer shall
conduct a hearing on the application for license renewal as provided
in this Chapter.
[R.O. 2012 §600.270; Ord. No. 6549, 12-15-1975]
Application for license to manufacture or sell intoxicating
liquor, under the provisions of this Chapter, shall be made to the
Liquor Control Officer.
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.
[R.O. 2012 §600.430; Ord. No. 6549, 12-15-1975; Ord. No.
03-1-4, 1-21-2003]
A.
Any person under the age of twenty-one (21) years who purchases or attempts to purchase or has in his/her possession an intoxicating liquor as defined in Section 600.010 is guilty of an ordinance violation.
B.
For purposes of this Section, possession shall mean either: is in possession or close proximity to a container that has or recently had liquor in it or by speech, manner, appearance, behavior, lack of coordination or otherwise exhibits that he or she is under the influence of any intoxicating liquor as defined in Section 600.010.
C.
For
purposes of determining the alcoholic content of a person's blood
under this Section, any Law Enforcement Officer who has the power
to arrest may administer a chemical test of any person over sixteen
(16) years of age and less than twenty-one (21) years of age suspected
of a minor-in-possession violation.
D.
For
purposes of prosecution under this Section, a manufacture-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 provide evidence
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 in accordance
with Section 311.325, RSMo.
E.
A minor
shall not be considered in possession if it can be shown that the
alcohol consumed was given for medicinal purposes by a parent, guardian,
physician or dentist, or such liquor was being used in connection
with religious services and the amount consumed is the minimal amount
necessary for the religious service.
[Ord. No. 15-07-04 §1, 7-6-2015]
A.
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.
B.
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.
C.
It shall be a defense to prosecution under this Subsection 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.
[R.O. 2012 §600.435; Ord. No. 99-12-9 §§1 — 3, 12-20-1999]
A.
ADULT
ALCOHOLIC BEVERAGE
CONTROL
DRUG
MINOR
OPEN HOUSE PARTY
RESIDENCE or PREMISES
Definitions. Unless the provisions explicitly state otherwise,
as used in this Chapter the following terms and phrases shall have
the meanings hereinafter designated:
A person seventeen (17) years of age or older.
Any alcoholic liquor as defined now and hereafter by the
Revised Statutes of Missouri. Currently, "alcoholic liquor" is defined by Chapter 311.020 of the Revised Statutes of Missouri.
Any form of authority, regulation, responsibility or dominion,
including a possessory right.
A controlled substance as defined and described now or hereafter
by the Revised Statutes of Missouri. Currently, "controlled
substances" are defined and described by Sections 195.005
to 195.425 of the Revised Statutes of Missouri (Chapter 195).
A person not legally permitted by reason of age to possess,
consume or purchase alcoholic liquor as described now or hereafter
by the Revised Statutes of Missouri.
A social gathering at a residence or premises of persons
in addition to the owner or those with rights of possession or their
immediate family members.
A motel room, hotel room, home, apartment, condominium, or
other dwelling unit, including the curtilage of a dwelling unit, or
a hall, meeting room, or other place of assembly, whether occupied
as a dwelling or specifically for social functions, and whether owned,
leased, rented, or used with or without compensation.
B.
Prohibited Activities. No adult who owns, rents, leases
or subleases any residence or premises shall allow an open house party
to take place at the residence or premises if any alcoholic beverage
or drug is possessed or consumed at the residence or premises by any
minor where the adult knew or reasonably should have known that any
alcoholic beverage or drug was in the possession or being consumed
by a minor at the residence or premises and where the adult failed
to take reasonable steps to prevent the possession or consumption
of the alcoholic beverage or drug at the residence or premises.
1.
The provisions of this Section shall not apply to:
C.
Penalty. Any person violating any provision of this Section
shall be guilty of an ordinance violation and, upon conviction thereof,
shall be punished by a fine of not more than five hundred dollars
($500.00) or by imprisonment for not more than ninety (90) days, or
by both such fine and imprisonment.
[Ord. No. 13-04-01, 4-1-2013]
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.
Where Possession — Consumption Prohibited — Exceptions.
[Ord. No. 15-04-07, 4-20-2015]
1.
No person shall possess any open container of any alcoholic
beverage or alcoholic substance nor shall any person consume or drink
any alcoholic beverage or alcoholic substance, of any kind whatsoever,
in or upon any public property within the City of Excelsior Springs,
including but not limited to any public building, street, alley, sidewalk,
public lot, park, recreational facility or public facility, except
as provided for by a special use permit.
2.
No person shall possess any open container of any alcoholic
beverage or alcoholic substance, nor shall any person consume or drink
any alcoholic beverage or alcoholic substance, of any kind whatsoever,
upon or inside of any motor vehicle or motorized vehicle, or public
transportation within the City of Excelsior Springs, including but
not limited to an automobile, truck, bus, taxi, motor home, van, semi-truck,
homemade motor vehicle, tractor, all-terrain vehicle (ATV), golf cart,
motorcycle or motorized bicycle.
3.
Nothing in this Section shall be construed as to prohibit the
otherwise legal consumption of alcoholic beverages by passengers on
a motor bus having a rated seating capacity for ten (10) or more passengers
that has been chartered and is not being utilized for conveyance of
the general public, where the operation and control of such conveyance
is by a person not in possession of or with ready access to such alcoholic
beverage.
4.
Any person violating any provision of this Section shall be
deemed guilty of a misdemeanor.
Any person who is licensed to sell or serve alcoholic beverages
at any establishment shall place on the premises of such establishment
a warning sign as described in this Section. Such sign shall 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 shall display such sign in a conspicuous place on the
licensed premises.
A.
Suspension Or Revocation Of License — When — Manner. The Liquor Control Officer may suspend or revoke the license of any person for cause shown. In such cases the Liquor Control Officer shall schedule a hearing not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Liquor Control Officer 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, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.150 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, Chapter 311,
RSMo., or any ordinance of the City; or
2.
Failing to obtain or keep a license from the State Supervisor of
Alcohol and Tobacco Control; or
3.
Making a false affidavit in an application for a license under this
Chapter; or
4.
Failing to keep an orderly place or house; or
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; or
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, or
b.
Any person during unauthorized hours on the licensed premises, or
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 Liquor Control Officer.
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 this
Chapter or 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 Liquor Control Officer shall sell or
give away any intoxicating liquor 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 order of suspension in a conspicuous place on the premises
so that all persons visiting the premises may readily see the same.
A.
Testimony — Evidence. Hearings before the Liquor Control
Officer 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 Liquor Control Officer 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 in civil suits in the Circuit Courts of this State. The
Liquor Control Officer also may issue 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 Liquor Control Officer
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 600.140 of this Chapter, the Liquor Control Officer 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 Liquor Control Officer may appeal such decision to the Circuit
Court as provided in Chapter 536, RSMo., provided such appeal is filed
within thirty (30) days of the date of the Liquor Control Officer's
decision. The Liquor Control Officer may delay the implementation
of its order pending appeal.
[R.O. 2012 §600.360; Ord. No. 6549, 12-15-1975]
A.
The
Liquor Control Officer shall first approve a request for the transfer
of a license issued under this Chapter to a different location, and
the application for permission to so transfer must be in writing,
together with twenty-five dollars ($25.00) to cover investigation
costs, and shall set forth:
1.
The name and residential address of the licensee and current business
address.
2.
The address and legal description of the premises to which transfer
is sought, together with the name and address of the owner, a complete
set of building plans, and a descriptive list of the fixtures in the
proposed place of business.
3.
An affidavit by such licensee that he/she has not violated any of
the provisions of this Chapter or of the State liquor laws since the
license was granted.
4.
Any additional information that the Liquor Control Officer may require.
[R.O. 2012 §600.390; Ord. No. 6549, 12-15-1975]
Any person doing business for which a license is required by this Chapter outside the City limits in an area which is annexed by the City shall be eligible to apply, regardless of the limitations in Section 600.030(D), within fifteen (15) days after annexation, for a City license within the classification to which he/she is entitled at the time of annexation. If the limitation on the number of licenses is exceeded, no new licenses shall be issued except replacements for vacancies created by revocations, bona fide purchases or surrenders, until such time as the ratio established in Section 600.030(D) will permit.
[R.O. 2012 §600.930; Ord. No. 81-2-4, 2-16-1981]
Any person violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor and upon conviction thereof, shall
be punished by fine not exceeding five hundred dollars ($500.00),
or imprisonment not exceeding three (3) months, or by both such fine
and imprisonment, and every day thereafter such person shall violate
any of the terms or provisions of this Article, he shall be deemed
guilty of a separate offense and shall be proceeded against as in
the first instance.
[R.O. 2012 §600.940; Ord. No. 6549, 12-15-1975]
A.
Any
violation of any of the provisions of this Chapter not otherwise defined,
shall be a misdemeanor, and any person guilty of violating any of
said provisions, and for which violation no other penalty is by this
Chapter imposed, shall, upon conviction thereof be adjudged guilty
of a misdemeanor.
B.
If
the person so convicted shall be the holder of any permit or license
issued pursuant to the provisions of this Chapter, such conviction
by any court of competent jurisdiction shall, without further proceeding,
action or order by any court or by the Liquor Control Officer, operate
to revoke and forfeit as of the date of such conviction such permit
and all rights and privileges granted thereby and the holder of such
permit shall not thereafter, for a period of one (1) year after the
date of such conviction, be entitled to any permit for any person
authorized in this Chapter.
C.
If
the permittee or license charged in such proceeding with such violation,
be, by final judgement therein, acquitted of said charge, he may apply
for and receive a license pursuant to this Chapter upon paying therefor
the license fee in this Chapter required, and by otherwise conforming
to all requirements as to such applicants, and with the same right
as though he had never held a license under the provisions of this
Chapter.
