When used in this Chapter, the following words shall have the
following meanings:
- AMUSEMENT PLACE
- Any establishment whose business 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 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.
- COMMON EATING AND DRINKING AREA
- An area or areas within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor, where the costs of maintaining such area or areas are shared by the payment of common area maintenance charges, as provided in the respective leases permitting the use of such areas or otherwise, and where the annual gross income from the sale of prepared meals or food consumed in such common eating and drinking area is, or is projected to be, at least two hundred seventy-five thousand dollars ($275,000.00).
- 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 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%) alcohol 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.
- PERSON
- An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any officer appointed by any State or Federal Court.
- PLACE OF ENTERTAINMENT
- Any establishment located in a City which has occupancy capacity for patrons of at least three hundred (300) and which has gross annual sales in excess of two hundred fifty thousand dollars ($250,000.00) and the establishment has been in operation for at least one (1) year.
- 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 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 such premises.
- SALE BY THE DRINK
- 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 Gerald without a currently valid liquor license issued by the City.
A separate liquor license shall be required for each of the categories
and sub-categories 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 in the original package not for consumption
on the premises where sold.
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 Subsections B (1 and 2) of this Section.
3.
Liquor by the drink — malt liquor/light wine only. Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
4.
Liquor by the drink — all kinds. Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(3) of this Section.
5.
Common eating and drinking areas. Sales of intoxicating
liquor of all kinds by the drink at retail not for consumption on
the premises where sold but for consumption in a common eating or
drinking area.
C.
Sunday Sales. Any person who is licensed under the provisions
of this Chapter or who otherwise possesses the qualifications and
meets the requirements of this Chapter may apply for the following
licenses to sell intoxicating liquor on Sundays between the hours
of 11:00 A.M. and Midnight:
1.
Package liquor — all kinds. Sales of liquor
of all kinds in the original package at retail, not for consumption
on the premises where sold.
2.
Liquor by the drink — restaurant bar. Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any restaurant bar.
3.
Liquor by the drink — amusement place. Sales
of liquor of all kinds by the drink at retail for consumption on the
premises of any amusement place.
4.
Liquor by the drink — place of entertainment. Sales of liquor of all kinds by the drink at retail for consumption
on the premises of any place of entertainment.
5.
Liquor by the drink — common eating and drinking area. Sales of liquor of all kinds by the drink at retail not for consumption
on the premises where sold but for consumption in a common eating
or drinking area.
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(C) below, may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.
Wine tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsection (B)(3) of this Section above, may apply for a special permit to conduct wine tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine for on premises consumption.
A.
Package Sales, Limitations.
1.
No license shall issue 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 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.
2.
No license for the sale at retail of any and all kinds of intoxicating
liquor in the original package shall be granted or issued to any person
if the gross sales of said intoxicating liquor shall exceed fifty
percent (50%) of the gross sales generated by said person at the licensed
location.
B.
Newly-Opened Restaurant Bars, Amusement Places.
1.
Any new restaurant bar having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 11:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if 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 or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00). The license
fee shall be pro-rated for the period of the temporary license based
on the cost of the annual license for the establishment.
2.
Any new amusement place having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 11:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if 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) of such gross receipts
are in non-alcoholic sales for the first (1st) year of operation.
The license fee shall be pro-rated for the period of the temporary
license based on the cost of the annual license for the establishment.
C.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
The City Clerk may issue a permit for the sale of intoxicating liquor
for consumption on premises where sold to any church, school, civic,
service, fraternal, veteran, political or charitable club or organization
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 in any fiscal year.
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 Section, 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.
D.
Operating Hours, Days.
1.
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. Any person licensed to sell
intoxicating liquor by the drink shall keep a closed place during
the aforementioned prohibited times.
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 or 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 Clerk 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 Clerk,
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 Board. Any change of location
of the enterprise prior to issuance of such an amended license shall
constitute a violation of this Section.
F.
Druggists May Sell And Physicians Prescribe Liquor. Any
druggist may have in his/her possession intoxicating liquor purchased
by him/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/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/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.
G.
Fees Taken In Lieu Of Proportionate Part Of Merchant's Tax And Ad
Valorem Tax. The fees to be charged under the provisions
of this Section shall be taken in lieu of the proportionate part of
any merchant's license fee and ad valorem tax for the stock and sales
of intoxicating liquor under the provisions of this or any other ordinance
of the City, and the aggregate amount of the sales thereof made by
any license hereunder shall not be returned by such merchant for purposes
of merchant's license or ad valorem tax, nor shall such stock of sales
be included in the computation of any merchant's license or ad valorem
tax.
[Ord. No. 388, 9-22-1994]
A.
The
following categories and sub-categories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
3.
Permits.
a.
Temporary permit — by the drink for certain organizations (7
days max.): $5.00/day.
b.
Wine tasting permit: $5.00/day.
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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).
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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. 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 Board of Trustees 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.
Hearing On Application. Upon the filing of the application with the Clerk, the Clerk shall fix a date for a hearing before the Board not more than thirty-one (31) days from the date of filing of the application, and shall give the applicant written notice of the date of the hearing. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
1.
The Board shall consider the location of the proposed business for
which a license is sought with respect to its proximity to a school,
a church, a public park or playground and to other places of the character
for which a license is sought, and shall have authority to refuse
to issue a license when in their judgment the issuance thereof would
not be in the best interests of the locality in which the applicant
applies for a location of such place. In no event shall the Board
approve the issuance of a license for the sale of liquor within three
hundred (300) feet of any school, church or other building regularly
used as a place of worship unless the applicant for the license shall
first obtain the consent in writing of the board of directors of the
school, or the consent in writing of the majority of the managing
board of the church or place of worship; except that when a school,
church or place of worship shall thereafter be established within
three hundred (300) feet of any place of business licensed to sell
intoxicating liquor, renewal of the license shall not be denied for
lack of consent in writing as herein provided.
2.
The Board shall approve the application if after the hearing it finds
that:
a.
Issuance of the requested license would be in the best interests
of the locality of the proposed business;
b.
The applicant is a person of good moral character, a native born
or naturalized citizen of the United States of America, a registered
voter and a taxpaying citizen of the City;
c.
No license theretofore issued to such applicant to sell intoxicating
liquors has been revoked within two (2) years of the date of the application;
d.
The applicant has not been convicted since the ratification of the
Twenty-first Amendment to the Constitution of the United States of
the violation of any law applicable to the sale of intoxicating liquor,
or that such applicant has not employed in his/her business any person
whose license has been revoked or who has been convicted of violating
the provisions of such law since the date aforesaid;
e.
The application is supported in writing by a majority of the property
owners within two hundred (200) feet of the location in which the
applicant proposes to conduct a retail liquor business; and
f.
The applicant 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.
D.
Upon
approval of any application for a license the Clerk 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.
E.
Applications for renewal of licenses must be filed on or before the first (1st) day of June of each calendar year. Such renewal application shall be reviewed by the Board at its next meeting. Upon approval of the majority of the Board and payment of the license fee provided herein, the Clerk 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 Board shall conduct a hearing on the application for license renewal as provided in Subsection (E) of this Section.
[Ord. No. 693 §1, 1-13-2011; Ord. No. 698 §1, 7-14-2011]
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,
where at least fifty percent (50%) of the gross sales made consists
of goods, merchandise, or commodities other than intoxicating liquor
in the original package, persons at least eighteen (18) years of age
may stock, arrange displays, 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.
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
consists of food; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar intoxicating beverages.
B.
Sales To Minor — Exceptions. 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 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 the licensee.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Purchase Or Possession Of Intoxicating Liquor Or Non-Intoxicating
Beer. Any person under the age of twenty-one (21) years who
purchases or attempts to purchase, or has in his or her possession,
any intoxicating liquor as defined in this Section, or who is visibly
in an intoxicated condition, 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 guilty of a violation of this
Section. In prosecutions pursuant to this Subsection regarding the
purchase or possession of intoxicating liquor by a person under twenty-one
(21) years of age, the Circuit Court will presume that the contents
of a manufacturer-sealed container describing that there is intoxicating
liquor therein, does contain the listed contents. This presumption
may be rebutted by the defendant by the presentation of good and sufficient
evidence to the contrary.
[Ord. No. 885, 4-11-2019]
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.
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 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.
Off-Premises Consumption.
1.
No licensee shall sell intoxicating liquor at retail in the original
package, not to be consumed on the premises where sold, in any original
package containing less than eight (8) ounces.
2.
No licensee shall permit any person to remove from the licensed premises
any intoxicating liquor in any unsealed glass, bottle, can or other
open container of any type.
3.
All licensees shall post a notice at each exit of the premises which
is used by customers or patrons that "NO ALCOHOLIC BEVERAGES MAY BE
CARRIED IN AN OPEN CONTAINER OUT OF THIS BUILDING."
F.
Persons Apparently Intoxicated Not To Be Provided With Intoxicating
Liquor. It shall be unlawful for any licensee, or his or
her employee or agent, to sell or supply intoxicating liquor, or permit
such to be sold or supplied, to a habitual drunkard or to any person
who is under or apparently under the influence of intoxicating liquor.
G.
Drinking In Public Places Prohibited.
1.
For purposes of this Section, the term "public place" shall mean any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2.
No person shall drink or ingest any intoxicating liquor in or on
any public place.
3.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while in or upon any public place.
4.
No person shall possess or have under his/her control any unsealed
glass, bottle, can or other open container of any type containing
any intoxicating liquor while within or on any motor vehicle while
the same is being operated upon or parked or standing in or upon any
public place.
H.
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.
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 not 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 five (5) days written notice 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 600.090 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;
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. 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 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 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.
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
in civil suits in the Circuit Courts of this State. The Board 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 City Clerk to tell
the truth and nothing but the truth.
D.
Decision — License Application. If the evidence supports
a finding that a license should be granted, such license shall be
issued in accordance with Section 600.050(F) of this Chapter. If the
evidence supports a finding that the license should be disapproved,
the Board shall so notify the applicant in writing, setting forth
the grounds and reasons for disapproval, and shall return therewith
the applicant's remittance.
E.
Decision — Suspension or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 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 issue.
F.
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.
Any person violating any of the provisions of this Chapter, including but not limited to the miscellaneous offenses of Section 600.070, 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.
