City of Weldon Spring, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 02-12 Art. I §1, 4-9-2002; Ord. No. 06-11 §4, 2-14-2006]
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section:
ALCOHOLIC BEVERAGES
Alcohol for beverage purposes including intoxicating liquor, malt liquor and non-intoxicating beer.
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
CLUB
Any duly organized branch or local unit of a fraternal society which shall have a national organization and an affiliated State organization, and which branch or local unit shall have a permanent meeting place within the City, and the purposes of which are purely religious, charitable, benevolent or philanthropic.
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 payment of common area maintenance charges, as provided in the respective leases permitting the uses 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).
1. 
The exposure of one's genitals, buttocks, vulva, pubic hair, pubic area or the female breast below a point immediately above the top of the areola for the purpose of sexual arousal or gratification or which is likely to cause affront or alarm; provided however, that any exposure of the female breast necessarily incident to breast-feeding an infant shall not be deemed to be a violation of this Chapter; or
2. 
The touching, caressing or fondling of the breasts, buttocks or genitals, whether clothed or unclothed, for the purpose of sexual arousal or gratification or which is likely to cause affront or alarm; or
3. 
Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, cunnilingus, fellatio, flagellation or torture by or upon a person as an act of sexual stimulation or gratification; or
4. 
Acts or representation of acts of urination or defecation, other than of the public view in the proper receptacles of public or private comfort stations, restroom, toilets or other similar facilities provided for these acts.
FINANCIAL INTEREST
The term "financial interest", as used in this Chapter, is defined to mean all interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net profits of the enterprise, after the payment of reasonable and necessary operating business expenses and taxes, including interest in dividends, preferred dividends, interest and profits, directly or indirectly paid as compensation for, or in consideration of interest in, or for use of the capital devoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except by way of ordinary commercial credit or bona fide bank credit not in excess of credit customarily granted by banking institutions, whether paid as dividends, interest or profits or in guise of royalties, commissions, salaries, or any other form whatsoever.
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, 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 but subject to inspection as provided by ordinance.
MALT LIQUOR
Any beverage manufactured from pure hops or barley malt or wholesome grains or cereals and wholesome yeast and pure water, containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight.
NON-INTOXICATING BEER
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.
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 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.
PERSON
Any individuals, associations, joint stock company, syndicates, co-partnerships, corporations, receivers, trustee, conservators or any other officer appointed by any State or Federal Court.
PREMISES
The entire building in which licensee has his/her place of business and any additional building used in connection therewith, and the entire lot or parcel of land on which the buildings are situated or which are used in connection with the building.
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.
TRANSPORTATION COMPANY
Any person engaged in the business of transportation for hire or goods or merchandise by use or means of any vessel, railroad car, motor vehicle, airplane or other kind of transportation whatsoever, to whom or to which any of the provisions of this Chapter applies or may apply.
WHOLESALE DISTRIBUTORS
Any person, firm or corporation who solicits, receives or takes orders for the purchase and delivery of any alcoholic beverage to duly licensed retailers for resale.
[Ord. No. 02-12 Art. I §2, 4-9-2002]
It shall be unlawful for any person to consume intoxicating liquor upon any public street, sidewalk, alley, or on or in any business parking lot generally open to the public. This Section shall not apply to the consumption of any intoxicating liquor consumed inside a designated area of an establishment licensed to sell intoxicating liquor by the drink.
[Ord. No. 02-12 Art. I §3, 4-9-2002]
A. 
It shall be unlawful for any person to sell or offer for sale within this City any non-intoxicating beer or intoxicating liquor, as defined in Section 600.010, by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area as described in the application for such license, except when the same is sold or offered for sale in special containers distinguishable by the selling establishment's name and/or its logo and by the type of drink (beer or mixed drink).
B. 
A common eating and drinking area, as defined in Section 600.010, within this City shall be designated by the posting of signs at all entrances and exits to the common eating and drinking area, and all sales and consumption of alcoholic beverages shall be restricted to this designated area. Signs posted shall state that alcoholic beverages are prohibited except within this designated common eating and drinking area.
[Ord. No. 02-12 Art. I §4, 4-9-2002]
No person, except a duly licensed manufacturer or wholesaler, shall possess non-intoxicating beer within the City unless the same has originally been acquired from some person holding a duly authorized license to sell the same under this Chapter or unless the non-intoxicating beer is possessed with the written permission of the City.
[Ord. No. 02-12 Art. I §5, 4-9-2002]
It shall be unlawful for any person to sell or offer for sale in this City any non-intoxicating beer except the same shall be sold or offered for sale in the original bottle, or in the original package containing bottles, bearing the original label and full name of the brewer or manufacturer thereof, both upon the label on the bottle and upon the cap or cork of such bottle, or in the case of the sale of non-intoxicating beer on draught, except the same be drawn from the original barrel or keg having stamped on the ends thereof the full name of the manufacturer or brewer of the non-intoxicating beer therein contained.
[Ord. No. 02-12 Art. I §6, 4-9-2002]
No person having a license to sell non-intoxicating beer nor any employee of such person shall sell, give away or otherwise dispose of, or suffer the same to be done, upon or about the licensed premises any non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M. and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday.
[Ord. No. 02-12 Art. I §7, 4-9-2002]
A. 
No person having a license to sell non-intoxicating or intoxicating liquor nor any employee of such person shall sell, give away or otherwise dispose of, or suffer the same to be done, upon or about the licensed 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. Sunday and 6:00 A.M. Monday.
B. 
If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday.
C. 
Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room in which intoxicating liquor is dispensed. Where such licenses are held by restaurants, the business of which is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquor are dispensed, 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.
[Ord. No. 02-12 Art. I §8, 4-9-2002]
When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on a 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 or any other provision of law to the contrary.
Any licensee under this Chapter, or his/her employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor or non-intoxicating beer in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his/her parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor or non-intoxicating beer to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of a misdemeanor, 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 any 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 when serving in the capacity as an employee of a licensed establishment.
[Ord. No. 02-12 Art. I §10, 4-9-2002]
This Chapter shall not apply to the possession by a druggist of intoxicating liquor purchased by him/her from a licensed vendor under the Liquor Control Act of Missouri or intoxicating liquor lawfully acquired and transported into the State by him/her pursuant to such Act, such liquor to be used in connection with the business of a druggist in compounding medicines or as a solvent or preservative, nor shall this Chapter apply to the sale of intoxicating liquors by druggists on prescription from regularly licensed physician. Nothing in this Section shall prevent a regularly licensed druggist, after he/she procures a license therefor in compliance with this Chapter, from selling intoxicating liquor in the original package but not to be consumed or the package opened on the premises where sold.
[Ord. No. 02-12 Art. I §11, 4-9-2002]
No person licensed under the provisions of this Chapter to sell non-intoxicating beer or intoxicating liquor at retail in the original package not to be consumed on the premises where sold shall allow such original package to be broken or allow any of such non-intoxicating beer or intoxicating liquor to be consumed in or upon the premises described in such permit.
[Ord. No. 02-12 Art. I §12, 4-9-2002]
No person licensed under this Chapter shall permit to be used upon his/her licensed premises any self-service, coin-operated, mechanical devices for the purpose of selling or dispensing intoxicating liquor or non-intoxicating beer.
[Ord. No. 10-04B §§1 — 3, 2-9-2010]
A. 
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 Municipal 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.
B. 
Any person found to be in violation of any provision of this Section shall be subject to a fine of up to five hundred dollars ($500.00) or ninety (90) days in the St. Charles County Jail, or both such fine and imprisonment. Each day or incident of such violation shall constitute a separate offense.
[Ord. No. 02-12 Art. I §15, 4-9-2002]
It is unlawful for any person to give, lend, sell or otherwise provide another person with any falsified identification or the identification of another person for the purpose of establishing the age of such person as being twenty-one (21) years of age or older.
[Ord. No. 02-12 Art. I §16, 4-9-2002]
A. 
Any person under the age of twenty-one (21) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, shall upon conviction be deemed guilty of a violation of this Chapter. Any person under the age of seventeen (17) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.
B. 
In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses 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 shall be guilty of a violation of this Chapter.
[Ord. No. 02-12 Art. I §17, 4-9-2002]
A. 
The operator's or chauffeur's license issued under the provisions of Section 302.177, RSMo., or the operator's or chauffeur's license issued under the laws of another State, or an identification card as provided for under Section 302.181, RSMo., or the identification card issued by any uniformed service of the United States, or a valid passport shall be presented by the holder thereof upon request of any agent of the Division of Alcohol and Tobacco Control or the servant, agent or employee thereof for the purpose of aiding the licensee or the servant, agent or employee to determine whether or not the person is at least twenty-one (21) years of age when such person desires to purchase or consume alcoholic beverages procured from a license. Upon such presentation the licensee or the servant, agent or employee thereof shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.
B. 
Upon proof by the licensee of full compliance with the provisions of this Section, no penalty shall be imposed if the Supervisor of the Division of Alcohol and Tobacco Control or the courts are satisfied that the licensee acted in good faith.
C. 
Any person who shall, without authorization from the Department of Revenue, reproduce, alter, modify or misrepresent any chauffeur's license, motor vehicle operator's license or identification card shall be deemed guilty of a violation of this Chapter.
A. 
Except as provided in Subsections (B), (C) and (D) of 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.
B. 
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 and accept payment for, and sack for carryout, 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.
C. 
In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail. Any wholesaler licensed pursuant to this Chapter may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor or non-intoxicating beer.
D. 
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.
[Ord. No. 02-12 Art. I §19, 4-9-2002]
It shall be unlawful for any person under the age of twenty-one (21) years to enter the room or premises of any licensee holding an intoxicating liquor, malt liquor or non-intoxicating beer license for sale by the drink unless accompanied by either a parent or legal guardian; provided however, that nothing contained in this Section shall be construed as preventing the entrance of anyone under the age of twenty-one (21) years into such premises as permitted by Section 600.170.
[Ord. No. 02-12 Art. I §20, 4-9-2002]
The room or premises where intoxicating liquor, non-intoxicating beer or malt liquor is sold at retail by the drink for consumption on the premises shall be open to public entry. It shall be unlawful for any licensee for the sale of any intoxicating liquor, non-intoxicating beer or malt liquor at retail by the consumption on the premises where sold to keep or secrete or to allow any other person to keep or secrete in or upon the premises described in such license any intoxicating liquor or beer other than the kind of liquor expressly authorized to be sold by such license, or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.
[Ord. No. 02-12 Art. I §21, 4-9-2002]
It shall be the duty of every holder of a license to manufacture and sell or to sell non-intoxicating beer to use every precaution to prevent any person on the premises described in such license from pouring into, mixing with or adding to such non-intoxicating beer any alcohol or other liquid or any alcohol cube or other ingredient that will increase or tend to increase the alcoholic content of such non-intoxicating beer.
[Ord. No. 02-12 Art. I §22, 4-9-2002]
All licensees under this Chapter shall at all times keep and maintain an orderly place upon the premises for which a license to sell intoxicating liquor or non-intoxicating beer has been issued.
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 Alcohol and Tobacco Control may report a violation of this Section to the Supervisor, and the Supervisor shall issue a warning to the licensee of the violation.