When used in this Chapter, the following words shall have the
following meanings:
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 has a dance floor of at least twenty-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.
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, except for non-intoxicating beer
as defined herein. 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 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.
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt, or other wholesome grains or cereals, and wholesome
yeast, and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
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 or non-intoxicating
beer, where the package and/or container(s) describes the contents
thereof as intoxicating liquor or non-intoxicating beer. "Original
package" shall also be construed and held to refer to any
package containing three (3) or more standard bottles 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 Section 311.095(2),
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.
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.
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 or non-intoxicating
beer in the City of Warsaw 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 or non-intoxicating beer:
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 — non-intoxicating beer: Sales
of non-intoxicating beer at retail in the original package not for
consumption on the premises where sold.
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 or non-intoxicating beer on Sundays
between the hours of 9:00 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.
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.
Tasting permit. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(3) 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.
[CC 1978 §50.060(1 — 2); Ord.
No. 12 §1, 5-16-2011; Ord. No. 28, 11-7-2011]
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.
Newly-Opened Restaurant Bars Or 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 9:00 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 prorated 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 9:00 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 prorated 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
and non-intoxicating beer for consumption on 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. 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 and non-intoxicating beer 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.
D.
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 or non-intoxicating beer 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, upon or
about his/her premises, except as otherwise authorized and licensed
for Sunday sales. Any person licensed to sell intoxicating liquor
or non-intoxicating beer 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/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.
Number Of Licenses Limited.
1.
(Reserved)
2.
(Reserved)
3.
Determining the number of licenses allowed. For
purposes of determining the number of licenses allowed by this Section,
the issuance of licenses shall be counted as follows:
a.
The issuance of a license as provided in Section 600.020(B)(3) of this Chapter (Package liquor — all kinds) shall be counted as being commensurate with the issuance of one (1) license for every subcategory of package liquor provided in Sections 600.020(B)(1) and 600.020(B)(2).
b.
The issuance of a license as provided in Section 600.020(B)(7) of this Chapter (Liquor by the drink — all kinds) shall be counted as being commensurate with the issuance of one (1) license for every subcategory of liquor by the drink provided in Sections 600.020(B)(4), (B)(5) and (B)(6).
F.
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.
G.
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.
A.
The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1.
General licenses.
a.
Malt liquor — original package: $75.00.
b.
Non-intoxicating beer — original package: $22.50.
c.
Intoxicating liquor (all kinds) — original package: $150.00.
d.
Malt liquor — by drink: $75.00.
e.
Malt liquor and light wines — by drink: $75.00.
f.
Non-intoxicating beer — by drink: $37.50.
g.
Intoxicating liquor (all kinds) — by drink: $450.00.
3.
Permits.
a.
Temporary permit — by the drink for certain organizations (7
days max.): $0.00.
b.
Tasting permit: $0.00.
|
|
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).
|
[CC 1978 §50.130]
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 Aldermen 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, or other building regularly used as a place of religious
worship 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; 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 this reason. This Subsection shall not apply to
a holder of a license issued pursuant to Section 311.090, 311.218,
311.482, RSMo., or 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.
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 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 May 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 (C) of this Section.
[CC 1978 §50.230]
Any person doing a liquor business outside the limits of the
City of Warsaw, Missouri, in an area which may be annexed by the City
shall be eligible to apply for a City license within the classification
existing at the time of annexation. The determination of the population
of the City shall be on the annual estimate of the City Planning Commission
submitted to and approved by resolution by the Board of Aldermen and
upon such an estimate, the City Board of Aldermen may increase the
limitations of licenses to be issued under this Chapter.
[Ord. No. 2007-30 §1, 8-20-2007]
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 or non-intoxicating beer.
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 or
non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating
beer away from the licensed business premises cannot be performed
by anyone under the age of twenty-one (21) years. Any licensee who
employs any person under the age of twenty-one (21) years, as authorized
by this Subsection, shall, when at least fifty percent (50%) of the
licensee's gross sales does not consist of non-alcoholic sales, have
an employee twenty-one (21) years of age or older on the licensed
premises during all hours of operation.
3.
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 or non-intoxicating beer 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 or non-intoxicating
beer.
B.
Sale Or Supplying To Minor Prohibited — Penalty Provisions.
1.
No licensee, his/her employee or any other person shall procure for,
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years.
2.
Any person found guilty of violating the provisions of this Section
shall be subject to a fine not to exceed five hundred dollars ($500.00)
or be subject to imprisonment in jail for a period not to exceed three
(3) months or by both such fine and confinement.
C.
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D.
Minors — Purchase Or Possession Of Intoxicating Liquor, Non-Intoxicating
Beer. 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 or non-intoxicating beer as defined in Section 600.010 is in violation of this Section.
E.
For
purposes of prosecution under this Section, a manufacturer-sealed
container describing that there is intoxicating liquor or non-intoxicating
beer therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor or non-intoxicating beer
in such container. The alleged violator may allege that there was
no intoxicating liquor or non-intoxicating beer 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 or any non-intoxicating beer therein contains
intoxicating liquor or non-intoxicating beer.
[RSMo., Chapter 311.482/485; Ord. No. 2005-17 §1, 5-16-2005; Ord. No. 2008-35 §1, 10-13-2008; Ord. No. 449, 9-7-2021]
A.
Unlawful
For Licensed Retailer To Purchase From Other Than Licensed Wholesaler.
It shall be unlawful for any person in this State holding a retail
liquor license 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. Any person violating any provision of this Section
shall be deemed guilty of a misdemeanor.
B.
Any
retailer licensed pursuant to this Chapter shall not:
1.
Sell intoxicating liquor or non-intoxicating beer 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 or non-intoxicating beer 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
Or Non-Intoxicating Beer. It shall be unlawful for any licensee, or
his/her employee or agent, to sell or supply intoxicating liquor or
non-intoxicating beer, 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.
No person shall drink or ingest any intoxicating liquor or non-intoxicating
beer in or on any public place unless a permit has been applied for
and approved as provided for in this Chapter.
2.
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, any public or private parking lot
or any park and/or recreational area of the City, including, but not
limited to, the Community Building, Gordon H. Drake Harbor, Bledsoe
Ferry Sports Complex or any of the various parks within the City's
park system.
H.
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 or non-intoxicating beer while in or upon any public place unless a permit has been applied for and approved under Subsection (B).
I.
Notwithstanding
the exceptions provided for herein, 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 or non-intoxicating
beer while within or on any motor vehicle while the same is being
operated upon, or parked or standing in or upon, any public place.
Any person operating a motor vehicle shall be deemed to be in possession
of an open container contained within the motor vehicle he/she has
control of whether or not he/she has actual physical possession of
the open container.
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 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 600.090 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, Chapters
311 or 312, 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 or Chapter 312, 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.
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 — 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 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.
A.
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.
B.
Any
employee of the Supervisor of Liquor Control may report a violation
of this Section to the Supervisor, and the Supervisor shall issue
a warning to the licensee of the violation.
[Ord. No. 449, 9-7-2021]
A.
The
sponsor of any festival or special event who desires to provide or
sell alcohol within the City of Warsaw who desires that any public
property or facilities be set aside for special use by the public
and participants in such festival shall file an application therefor
with the City Clerk in the manner provided herein.
B.
The
application for such special use of public facilities during a festival
shall be filed not less than thirty (30) days in advance of the last
business day preceding the commencement of such festival.
C.
The
application for such special use of public facilities during a special
event shall be filed not less than thirty (30) days in advance of
the last business day preceding the commencement of such special event.
D.
Permits
may be obtained as follows:
1.
Applicant shall present written application thirty (30) days prior
to event directly to the Board of Aldermen for any proposed special
activities or events. Special activities and events must be for the
benefit of the community and for the purpose of promoting business
and tourism.
2.
The application shall contain the following:
a.
Applicant shall provide documentation that all State, County and
local licensing permits shall and have been received prior to the
event by providing information on licensed business providing the
intoxicating liquor or non-intoxicating beer or liquor. In the case
of a temporary permit, the organization sponsoring the event;
b.
Name and address of the sponsor;
c.
Name, address, and residence and business telephone numbers of the
chief managing official of the sponsor, if different;
d.
Date and duration of the intended festival or special event;
e.
Nature of activities to be conducted during such festival or special
event;
f.
Location of each such activity;
g.
Description of each item or tract of public property or facilities
desired to be designated in the license for special use;
h.
Description of any special services, equipment, personnel, or police
protection requested to be provided at each location during the festival
or special event;
i.
Estimate of the number of people expected to visit each such location
on each day of the festival or special event;
j.
Statement of the type and number of temporary restroom facilities
to be provided by the sponsor at each such location, if required by
this Chapter;
k.
Number of vendor spaces requested to be allotted at each location;
l.
Date and time when normal use of such property or facilities may
be resumed after completion of the festival or special event;
m.
Proof of liability insurance coverage in the form of a liquor law
liability and premises policy in the amount of one million dollars
($1,000,000.00) each with the City as additionally insured or host
liquor liability coverage in the amount of one hundred thousand dollars
($100,000.00) shall be required;
n.
Names and qualifications of all security professionals obtained for
the event; and
o.
Names of any and all entities who will be selling intoxicating liquor
or beer.
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No intoxicating liquor or non-intoxicating beer or liquor shall
be provided or introduced at the event by other than the applicant
or their agent.
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3.
Events shall be one (1) day and shall be further restricted to length
of time, location and size of area to be approved at the time of application.
Consecutive day permits may be approved.
4.
Liability insurance coverage in the form of a liquor law liability
and premises policy in the amount of one million dollars ($1,000,000.00)
each with the City as additionally insured or host liquor liability
coverage in the amount of one hundred thousand dollars ($100,000.00)
shall be required.
5.
A permit fee of fifty dollars ($50.00) shall be assessed for each
day of the event.
6.
A refundable deposit of two hundred fifty dollars ($250.00) shall
be assessed for any damages and/or personnel costs associated with
any disturbance or cleanup required for said event.
E.
The
Board of Aldermen shall promptly review each such application for
a license for the special use of public facilities, and the City Clerk
shall schedule a hearing thereon at the first (1st) regular meeting
of the Board of Aldermen which occurs seven (7) days or more after
the date such application is filed. The Board of Aldermen may waive
such time requirement for good cause shown. The sponsor of such festival
or event, and all other interested persons, shall be given an opportunity
to appear before the Board of Aldermen at such hearing and present
evidence or question other participants in the hearing.
F.
The
Board of Aldermen shall announce its decision whether to grant or
deny the application at a public meeting of said Board, either immediately
following the hearing on the application or at a subsequent public
meeting. In making its decision, the Board of Aldermen shall consider
whether the special event or activity benefits the community and promotes
business and tourism. The Board shall also consider any anticipated
safety concerns in making its decision.
G.
In
the case of issuance of a license for use of public facilities during
a festival, the Board of Aldermen may condition the grant of such
license upon its receipt from the sponsor of such additional information,
documents, or reports as may be reasonably required for the coordination
of City personnel, equipment, services, and other facilities prior
to and during the festival.
