City of Weldon Spring, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 02-12 Art. II §1, 4-9-2002]
It shall be unlawful for any person, whether by himself/herself or through an agent, servant or employee, to engage in the manufacture, brewing, sale, exposure for sale or resale, or distribution of intoxicating liquors and/or non-intoxicating beer, as defined in this Chapter, within the confines of the City of Weldon Spring, Missouri, without first having duly obtained a proper license authorizing such manufacture, brewing, sale or distribution as herein provided. A separate license shall be required for each place of business and type of sale.
[Ord. No. 02-12 Art. II §2, 4-9-2002]
The provisions of Article I of this Chapter shall apply to this Article. The specific provisions of this Article shall control and take precedence over any provision of Article I to the contrary.
[Ord. No. 02-12 Art. II §3, 4-9-2002]
A. 
No person shall be granted a license under this Chapter unless such person is of good moral character and a qualified legal voter and taxpaying citizen of the State, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation has the above-mentioned qualifications and no person shall be granted a license hereunder whose license as such dealer has been revoked, or who has been convicted of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or non-intoxicating beer, or who employs in his/her business as such dealer any person whose license has been revoked or who has been convicted of violating the provisions of any such law. Nothing in this Section shall prevent the issuance of a license to a non-resident of the State or to a foreign corporation for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors or non-intoxicating beer to, by or through a duly licensed wholesaler.
B. 
Qualifications Generally.
1. 
No person, partnership or corporation shall be qualified for a license under this law if such person or any member of such partnership, corporation or any officer, director or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such partnership or corporation, or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a liquor license revoked under this law or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor or non-intoxicating beer, or shall not be a person of good moral character.
2. 
No license issued under this Chapter shall be denied, suspended, revoked or otherwise affected based solely on the fact that an employee of the licensee has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor, so long as any such employee does not directly participate in the retail sales of intoxicating liquor. Each employer shall report the identity of any employee convicted of a felony to the Missouri Division of Alcohol and Tobacco Control.
3. 
No wholesaler license shall be issued to a corporation for the sale of intoxicating liquor containing alcohol in excess of five percent (5%) by weight, except to a resident corporation as defined in Subsection (C) of this Section.
C. 
A "resident corporation" is defined to be a corporation incorporated under the laws of Missouri, all the officers and directors of which, and of all the stockholders, who legally and beneficially own or control sixty percent (60%) or more of the stock in amount and in voting rights shall be qualified legal voters and taxpaying citizens of the County and municipality in which they reside and who shall have been bona fide residents of this State for a period of three (3) years continuously immediately prior to the date of filing application for a license, provided that a stockholder need not be a voter or taxpayer, and all the resident stockholders of which shall own, legally and beneficially, at least sixty percent (60%) of all the financial interest in the business to be licensed under this Chapter; provided, that no corporation licensed under the provisions of this Chapter on January 1, 1947, nor any corporation succeeding to the business of a corporation licensed on January 1, 1947, as a result of a tax-free reorganization coming within the provisions of Section 112, United States Internal Revenue Code, shall be disqualified by reason of the new requirements herein, except corporations engaged in the manufacture of alcoholic beverages containing alcohol in excess of five percent (5%) by weight or owned or controlled, directly or indirectly, by non-resident persons, partnerships or corporations engaged in the manufacture of alcoholic beverages containing alcohol in excess of five percent (5%) by weight.
D. 
No license provided for in this Chapter shall be issued to any corporation except in conformity with the following:
1. 
All officers of such corporation must be persons of good moral character.
2. 
The person who is to be, in fact, actively engaged in the actual control and management of the particular liquor establishment for which a permit is sought by such corporation shall be one who is eligible for a license as an individual under the provisions of this Chapter.
3. 
Such corporation shall not have been the holder of a license which has been revoked.
[Ord. No. 02-12 Art. II §4, 4-9-2002]
No license shall be granted for the sale of intoxicating liquor and/or non-intoxicating beer, as defined in this Chapter, within two hundred (200) feet of any business or residence until the City shall first notify in writing all landowners within a distance of two hundred (200) feet of a proposed liquor establishment. A public hearing shall then be held before the Board of Aldermen where the public are invited and encouraged to attend.
[Ord. No. 02-12 Art. II §5, 4-9-2002]
A. 
Applicants for a license hereunder may procure the proper forms by written request to the City Clerk setting forth in said request the specific type and nature of license sought.
B. 
Upon receipt of a license application, in addition to answering all other questions thereon, the applicant shall state his/her name and address if a person, or if a firm, partnership or association and the name and address of each member of the firm, partnership or association so applying, or if the applicant is a corporation, the names and addresses of all its officers, members of its Board of Directors and their ownership interests shall be required.
C. 
All applications shall contain information describing in detail the premises for which a given license is being applied and the location or address thereof in addition to the invoice value of inventory other than intoxicating liquor or non-intoxicating beer at the proposed place of business.
D. 
The application shall be accompanied by a recent photograph of the individual signing his/her name, together with a recent picture of the exterior and interior of the premises to be provided at the time the license is issued.
E. 
No license shall be granted hereunder unless the applicant renders full, true and complete answers to all questions contained on said application; and should an applicant make or cause to be made any false statements of a material matter in his/her application, the same shall be deemed cause for suspension or revocation by the City Board of Aldermen of any license issued pursuant to such application.
F. 
In the event the application sought is for an original package license, an affidavit by the individual owner or, if a partnership, all of said partners or, if a corporation, the managing officer of said corporation must be submitted therewith and contain therein the type of business presently engaged in or in conjunction with which the license shall be used, and further stating that the applicant has and at all times keeps in his/her place of business a stock of goods having an invoice value of at least one thousand dollars ($1,000.00) exclusive of fixtures, intoxicating liquors and/or non-intoxicating beer.
G. 
The application for license shall require the applicant to list no less than five (5) individuals as character witnesses who have known applicant over the last five (5) years. Witnesses must have known applicant and lived in the same County as applicant and must have some familiarity with any past liquor operations by applicant.
H. 
Application for license shall also include a request form for a criminal record check which shall be investigated by the Missouri State Highway Patrol.
[Ord. No. 02-12 Art. II §6, 4-9-2002]
Applications for license under the provisions of this Chapter shall be filed with the City Clerk. At the time of filing application for a license, the applicant shall pay the appropriate license fee for the type of license applied for as provided in this Chapter, either in cash, bank draft, money order, certified check or cashier's check, made payable to the City. No license shall be granted unless such fee has been paid.
[Ord. No. 02-12 Art. II §7, 4-9-2002]
A. 
The Board of Aldermen shall have the power and duty to determine whether each new application for a license under the provisions of this Chapter shall be approved or disapproved. The applicant must appear before the Board of Aldermen at a regular meeting of the Board. The Board may consider the following when making a determination of approval or disapproval of an application:
1. 
Appropriate zoning exists for the proposed licensed premises;
2. 
The record of the owner and managers of the proposed licensed premises as law abiding persons of good moral character;
3. 
The provisions of ordinances of the City with regard to the proximity of the proposed licensed premises to schools, provided however, the Board is not empowered to extend the prohibited distance from the property line to property line of churches or schools more than two hundred fifty (250) feet;
4. 
Compliance of the premises with all Fire Codes applicable to the proposed licensed premises;
5. 
Prior violations of Federal, State, County and City ordinances by applicant, owner and manager pertaining to the regulation of the sale of alcoholic beverages;
6. 
The moral character of the applicant, manager and owner of the proposed licensed premises; and
7. 
The moral character of any employee at the proposed licensed premises.
[Ord. No. 02-12 Art. II §8, 4-9-2002]
No new license shall be issued except upon the approval of the application therefor by the Board of Aldermen except upon the payment to the City of the respective fees therefor as herein provided and except upon furnishing proof of a similar license issued by the State. Upon such approval, payment of fees and proof of a State license, the City Clerk shall issue the applicant a license to conduct business in the City which shall describe the kind of license, the license fee, the premises on which sale is to be made, the name of the license holder, the date of issuance and period of time for which such license is granted.
[Ord. No. 02-12 Art. II §9, 4-9-2002]
No license shall be granted for the sale of intoxicating liquor and/or non-intoxicating beer in the original package or by the drink, as defined in this Chapter, within two hundred fifty (250) feet of any school, convent, church or other building regularly used as a place of religious worship, provided however, this Section shall not apply to the issuance of any such license for existing licensed premises which ante-date the establishment of a school, church or other building regularly used as a place of worship within such two hundred fifty (250) foot radius from property line to property line.
[Ord. No. 02-12 Art. II §10, 4-9-2002]
Any business having a license to sell intoxicating and/or non-intoxicating beer in the County, which is annexed by the City, shall be permitted to continue in operation as licensed by the County and State until the expiration of said existing license and shall be issued a courtesy license by the City for the period until the following June thirtieth (30th).
[Ord. No. 02-12 Art. II §11, 4-9-2002]
All licenses granted by virtue of this Chapter shall be signed by the City Clerk with the Seal of the City affixed thereto.
[Ord. No. 02-12 Art. II §12, 4-9-2002]
Notwithstanding any other provisions of this Chapter to the contrary, the holder of a microbrewer's license issued by the Supervisor of Alcohol and Tobacco Control of the State of Missouri pursuant to Section 311.195, RSMo., may apply to the City, and the Board of Aldermen may approve a license to sell intoxicating liquor by the drink at retail for consumption on the brewery premises and in the original package for off-premises consumption.
[Ord. No. 02-12 Art. II §13, 4-9-2002; Ord. No. 03-17 §§1 — 2, 9-25-2003; Ord. No. 04-11 §§1 — 2, 6-8-2004]
A. 
The following businesses shall be issued a license upon proper application as set forth in this Chapter and upon approval of the Board of Aldermen and upon the payment of the applicable license fee contained in the fee schedule at Section 600.490.
1. 
Manufacturers, distillers or blenders of malt liquor not exceeding five percent (5%) by weight of alcohol shall be entitled to sell to duly licensed wholesalers and soliciting orders for the sale of malt liquors containing not in excess of five percent (5%) of alcohol by weight to, by or through a duly licensed wholesaler but shall not include the right to sell as a retailer.
2. 
Manufacturers, distillers or blenders of intoxicating liquors of all kinds shall be entitled to sell to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors of all kinds to, by or through a duly licensed wholesaler but shall not include the right to sell as a retailer.
3. 
Distributors or wholesalers of intoxicating liquors not in excess of five percent (5%) alcohol by weight shall be entitled to sell to a person duly licensed to sell such liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquor containing not in excess of five percent (5%) of alcohol by weight to, by or through a duly licensed wholesaler within this State.
4. 
Distributors or wholesalers of intoxicating liquors of all kinds, who have fully complied with the provisions of this Chapter, shall be issued a license for the privilege of selling to a person duly licensed to sell such intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds to, by or through a duly licensed wholesaler, except that a license authorizing the holder to sell to duly licensed wholesalers and to solicit orders for sale of intoxicating liquor to, by or through a duly licensed wholesaler shall not entitle the holder thereof to sell direct to retailers.
5. 
Retailers selling intoxicating malt liquor by the drink, with an alcoholic content of more than three and two-tenths percent (3.2%) by weight, and not in excess of five percent (5%) by weight, and in the original package, except on Sundays, and/or for consumption on or off the premises shall be issued a license to permit the holder thereof to sell non-intoxicating beer.
6. 
Retailers selling intoxicating malt 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, or light wines containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, or both, such malt liquor and wine may be sold by the drink and at retail in the original package, except on Sundays, and/or for consumption on or off the premises shall be issued a license, which license shall also permit the holder thereof to sell non-intoxicating beer.
7. 
Retailers selling intoxicating malt liquor with an alcohol content of more than three and two-tenths percent (3.2%) by weight and not more than five percent (5%) by weight in the original package, except on Sundays, direct to the consumer and not for consumption on the premises where sold, shall be issued a license, which license shall also permit the holders thereof to sell non-intoxicating beer in the original package.
8. 
Retailers selling intoxicating liquor at retail by the drink for consumption on the premises where sold shall be issued a license. The license issued under this Section shall include the right of sale in the original package, except on Sundays, provided such original package shall not be opened and the contents thereof consumed on the premises where sold and shall include the right to sell intoxicating liquor with an alcohol content of five percent (5%) or less by weight by the drink or in the original package, except on Sunday.
9. 
Retailers selling intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area shall be issued a license. The times for selling intoxicating liquor and all other laws and regulations of this City relating to the sale of intoxicating liquor by the drink shall apply to each establishment licensed under this Section, provided that no license issued under this Section shall include the right of sale in the original package.
10. 
Retailers selling intoxicating liquors in the original package not to be opened or consumed on the premises where sold shall be issued a license. The license to be issued hereunder shall include the privilege of selling malt liquor and non-intoxicating beer in the original package. No license shall be issued for the sale of intoxicating liquor not to be consumed on 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 drugstore, a cigar and tobacco store, a confectionery and/or a delicatessen store, a grocery store, a general merchandise store; nor shall a license be issued to any 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.
11. 
Notwithstanding any other provisions of this Chapter to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor in the original package at retail under Subparagraphs (5), (6), (7), (8), (10) and (18), may apply to the City for a special permit to conduct wine, malt beverage and distilled spirit tasting on the licensed premises. A licensee under this Section shall be issued an amended license upon proper application and qualification as set forth under the provisions of this Chapter and upon approval of the Board of Aldermen and the payment of the additional license fee of thirty-seven dollars fifty cents ($37.50) a year payable at the same time and manner as other license fees.
a. 
Tasting. Substance to be tasted shall be limited to one-half (½) ounce per sample, with total consumption of no more than two (2) ounces per person. All items offered for tasting must be offered for sale by retail to the customer on said licensed premises.
b. 
Notification. Prior to the conduct of any tasting event, written notification must be provided to the City Clerk five (5) days prior to the date of the actual tasting event. Nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
12. 
Distributors or wholesalers selling intoxicating liquor with a content of alcohol not in excess of twenty-two percent (22%) by weight shall be issued a license for the privilege of selling to a person duly licensed to sell such intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler.
13. 
Manufacturers, distillers or blenders of intoxicating liquor not exceeding twenty-two percent (22%) by weight of alcohol, who have fully complied with the provisions of this Chapter, shall be issued a license for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler; provided however, that such license shall entitle the then licensed manufacturer, distiller or blender to distribute such intoxicating liquor as a wholesaler but shall not include the right to sell as a retailer.
14. 
Retailers of non-intoxicating beer selling non-intoxicating beer by the drink, containing not more or in excess of three and two-tenths percent (3.2%) by weight of alcohol and in the original package for consumption on or off the premises. Not-for-profit athletic and service organizations retailing non-intoxicating beer within the City parks shall be issued a license. Such license application shall provide for the inclusion of all park locations where beer is to be retailed and a single application shall be considered for purposes under this Chapter. Retail facilities located within up to five (5) City parks shall be considered as a single location and listed upon a single application.
15. 
Retailers of non-intoxicating beer selling non-intoxicating beer containing not more or in excess of three and two-tenths percent (3.2%) by weight of alcohol in the original package not to be opened or consumed on the premises where sold shall be issued a license.
16. 
Distributors or wholesalers of non-intoxicating beer containing not more or in excess of three and two-tenths percent (3.2%) by weight of alcohol, other than the manufacturer or brewer thereof, who have fully complied with the provisions of this Chapter shall be issued a license.
17. 
Manufacturers of non-intoxicating beer containing not more or in excess of three and two-tenths percent (3.2%) by weight of alcohol, who have fully complied with the provisions of this Chapter, shall be issued a license; provided however, that such license shall entitle the then licensed manufacturer to distribute such non-intoxicating beer as a retailer.
18. 
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter and who now or hereafter meets the requirements of and complies with the provisions of this Chapter and who submits the applicable license fee contained in the fee schedule at Section 600.490 may apply for and the Board of Aldermen may grant a license to sell intoxicating liquor as in this Chapter defined:
a. 
By the drink at retail for consumption on the premises of any restaurant bar between the hours of 9:00 A.M. on Sunday and Midnight on Sunday; and on the premises where sold by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area between the hours of 9:00 A.M. on Sunday and Midnight on Sunday; and on the premises of any amusement place between the hours of 9:00 A.M. on Sunday and Midnight on Sunday as described in the application; or
b. 
In the original package at retail (not to be opened or consumed on the premises where sold) between the hours of 9:00 A.M. and Midnight on Sundays.
c. 
As used in this Section, the term "amusement place" means 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 two thousand five hundred (2,500) square feet, or any outdoor golf course with a minimum of nine (9) holes, and which has an 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.
d. 
All other laws and regulations of the City relating to the sale of liquor by the drink for consumption on the premises where sold and the sale of liquor in the original package not to be opened or consumed on the premises where sold shall apply to a restaurant bar/amusement place/supermarkets and package liquor stores in the same manner as they apply to establishments licensed under the provisions of this Chapter; and an additional fee as set forth in the fee schedule at Section 600.490 payable at the same time and in the same manner as any other license fees.
[Ord. No. 02-12 Art. II §14, 4-9-2002]
A. 
It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor to permit the drinking or consumption of intoxicating liquor in, on or about the premises between 10:00 P.M. and 6:00 A.M. the following day without having a license as in this Section provided.
B. 
The drinking or consumption of intoxicating liquor shall not be permitted in, upon or about the licensed premises by any person under twenty-one (21) years of age or by any other person between the hours of 1:30 A.M. and 6:00 A.M. on any weekday and between the hours of 12:00 P.M. Saturday and 12:00 P.M. Sunday.
[Ord. No. 02-12 Art. II §15, 4-9-2002]
A. 
For the manufacturing in quantities not to exceed five hundred thousand (500,000) gallons, light wines containing not in excess of eighteen percent (18%) of alcohol by weight from grapes, berries and other fruits and vegetables grown in the State, in lieu of the charges herein otherwise provided, the sum of seven dollars fifty cents ($7.50) for each five hundred (500) gallons or fraction thereof.
B. 
A manufacturer licensed under this Section may purchase and sell bulk or packaged wines received from other manufacturers licensed under this Section and may also purchase in bulk, bottle and sell to duly licensed wineries, wholesalers and retail dealers on any day except Sunday, and a manufacturer licensed under this Section may offer samples of wine, may sell wine in its original package directly to consumers at the winery, and may open wine so purchased by customers so that it may be consumed on the winery premises on Monday through Saturday between 6:00 A.M. and Midnight and on Sunday between 11:00 A.M. and 10:00 P.M.
[Ord. No. 02-12 Art. II §16, 4-9-2002]
A. 
In the event the applicant for a license to sell intoxicating liquor of alcoholic content in excess of five percent (5%) by weight at retail by the drink for consumption on the premises of the licensee is a club as herein defined, the annual license fee which shall be paid to the City shall be in the sum contained in the fee schedule at Section 600.490, which license shall be limited to the retail sale of intoxicating liquor by the drink.
B. 
Such club, in consideration of the granting of such license under the terms of this Section, shall sell, give away or dispose of such intoxicating liquor only to members of such club, or to the families of such members, or to the guests of such members. The word "guest", as used herein, shall mean and apply to any person who has been specifically invited onto the premises, or members of any group or organization during the time that such group or organization is actually occupying the premises of such club or any part thereof at the invitation or consent of such club, or any person while in attendance at any function conducted by any such group or organization.
[Ord. No. 02-12 Art. II §17, 4-9-2002; Ord. No. 05-12 §§1 — 2, 6-23-2005; Ord. No. 07-15 §1, 6-28-2007]
A. 
In addition to the annual licenses herein provided, a temporary license for the sale of wine, non-intoxicating beer, beer and malt liquor, at retail, for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such wine, non-intoxicating beer, beer and malt liquor at a picnic, bazaar, fair or similar gathering. This license shall be referred to and described as a temporary picnic license. The license shall be issued only for the day or days named therein and it shall not authorize the sale of wine, non-intoxicating beer, beer and malt liquor for more than seven (7) days by any such club or organization in any fiscal year. The fee to be paid for each temporary license for the sale of non-intoxicating beer shall be as set forth in the fee schedule at Section 600.490, and the fee to be paid for each temporary license for the sale of malt liquor, wine and/or beer shall be as set forth in the fee schedule at Section 600.490.
B. 
Other provisions of this Section to the contrary notwithstanding, a special temporary license for the sale of wine and malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight for consumption on the premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale of such wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States. Such license shall be issued only during the period from June fifteenth (15th) to July fifteenth (15th) annually and only for the day or days named therein and for not more than seven (7) consecutive days by any such organization, and it shall not authorize the sale of wine and malt liquor except between the hours of 10:00 A.M. and 12:00 P.M. The license may be issued to cover more than one (1) place of sale within general confines of the place where gathering or event is held. The fee to be paid by each special temporary licensee shall be as set forth in the fee schedule at Section 600.490.
C. 
A temporary license may be issued to any caterer and other persons possessing a valid State and valid local liquor license to sell intoxicating liquor by the drink for retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises but not including a "festival" as defined in Chapter 316, RSMo., which shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption on the premises in which such function, occasion or event is held. Such licenses shall be issued for a period not to exceed one hundred twenty (120) consecutive hours and may not be renewed. All provisions of the City's ordinances, rules and regulations shall extend to such premises and shall be in force and enforceable during the time the licensee, its agents, servants, employees or stock are in such premises. The fee to be paid by each temporary license shall be as set forth in the fee schedule at Section 600.490.
D. 
The Board of Aldermen has the authority to defer granting an annual liquor license for a period of up to ninety (90) days and grant a temporary liquor license for that period of time based upon unresolved zoning, signage, subdivision or International Property Maintenance Code, Police investigations or liquor control investigations involving the establishment itself or the applicant for a liquor license.
[Ord. No. 02-12 Art. II §18, 4-9-2002]
A. 
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 law, may make application and the City 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.
B. 
Whenever one (1) or more members of a partnership withdraws from the partnership, the City, 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.
[Ord. No. 02-12 Art. II §19, 4-9-2002]
It shall be unlawful, without the express consent of the Board of Aldermen, for any licensee hereunder to move the location of his/her licensed establishment.
[Ord. No. 02-12 Art. II §20, 4-9-2002]
All licenses duly issued and obtained in compliance with this Chapter shall at all times be placed in an open and conspicuous location within the premises being operated thereunder.
[Ord. No. 02-12 Art. II §21, 4-9-2002]
A. 
Whenever proof that a license has been lost or destroyed is furnished by a licensee, a duplicate in lieu therefore shall be issued by the City upon payment of the sum of ten dollars ($10.00) by the said licensee and submission by the latter of an application for a duplicate license in the form provided by the City Clerk wherein true and complete answers must be given to the following:
1. 
The date upon which the license was lost or destroyed.
2. 
The circumstances under which the license was lost or destroyed.
3. 
A request that a duplicate license be issued.
[Ord. No. 02-12 Art. II §22, 4-9-2002]
A. 
Each license issued in compliance with this Chapter shall expire on June thirtieth (30th) next succeeding the beginning date of such license. Of the annual 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 to be counted as one (1) month, remaining from the date of the license to the next succeeding June thirtieth (30th). No license shall be given a beginning date prior to the date of approval of the application and granting such license by the Board of Aldermen.
B. 
If the City Clerk determines to do so, he/she may issue an extension of license for not in excess of thirty (30) days beyond the termination date of any license issued for the purpose of completing investigations and other necessary elements in the processing of license application. The charge for such extension shall be one-twelfth (1/12) of the annual license fee as prescribed herein.
[Ord. No. 02-12 Art. II §23, 4-9-2002]
A. 
Regardless of and notwithstanding the provisions of this Chapter, if it is shown upon hearing before the Board of Aldermen that any licensee under this Chapter has not at all times kept an orderly place or house or has violated any of the provisions of this Chapter, then the Board of Aldermen may revoke the license of any such licensee. The Board of Aldermen shall first, upon their own motion, direct a notice of the date, time and place of such hearing, which hearing shall not be held less than twenty (20) days after service of such notice, setting forth the grounds upon which such license is sought to be revoked and commanding the licensee to appear and show cause why such license should not be revoked. Such notice shall be served by the City Code Enforcement Officer or designate upon the licensee, or upon an officer of the licensee if a corporation, or upon any employee of the licensee at the time of service in charge of the place of business licensed. The applicant or licensee shall have the right to counsel and to produce witnesses in his/her own behalf in such hearing and to cross-examine all witnesses who may appear against him/her. All proceedings and such hearings shall be taken down stenographically or recorded manually or electronically or a combination thereof and shall be transcribed whenever required by law. Subpoena may be issued by the Board of Aldermen for any witness whose presence is desired at any hearing or proceeding before the Board of Aldermen to suspend or revoke a license or to refuse a license or renewal thereof. Such subpoena shall be served and return thereon shall be made in the same manner as is provided by law in civil suits in the Circuit Courts of the State. Witnesses may also appear voluntarily at such hearing and testify. Before any witness shall testify in any such hearing or proceeding, he/she shall be sworn by the Board of Aldermen to testify under oath. No suspensions or revocations shall become effective until ten (10) days after the findings of fact and conclusions of law have been issued by the Board of Aldermen. Such hearing shall be conducted as other Board of Aldermen proceedings are conducted. No license shall be revoked except upon vote therefore by a majority of all members elected to the Board of Aldermen, the Mayor having no vote except in case of a tie vote by all members elected to the Board of Aldermen.
B. 
The Board of Aldermen may, whenever it shall be shown, or upon recommendation of the City Clerk, that a person licensed hereunder has not at all times kept an orderly place or has violated any of the provisions of this Chapter, suspend, for a maximum of one hundred twenty (120) consecutive days, the license of that person; but the licensee must have ten (10) days' notice of the action to suspend his/her license prior to the order of suspension issuing. If requested by the licensee in writing, a hearing shall be held as provided in Subsection (A) above.
C. 
The failure of refusal of any person to obey all the terms and conditions of the subpoena issued by the Board of Aldermen is hereby declared to be an ordinance violation.
[Ord. No. 02-12 Art. II §24, 4-9-2002]
In case any license issued under the provisions of this Chapter is revoked, surrendered or forfeited by the licensee, not used or used for only part of the license period after the effective beginning date of such license, no refund of any license fee or part thereof shall be made.
[Ord. No. 02-12 Art. II §25, 4-9-2002]
Each licensee authorized to manufacture and sell or to sell at wholesale non-intoxicating beer or intoxicating liquor shall, when requested, furnish to the Commissioner a sworn statement showing the amount of such alcoholic beverage manufactured and sold and to who sold during the period requested.
[Ord. No. 02-12 Art. II §26, 4-9-2002]
Any establishment licensed by the City of Weldon Spring to sell or offer for consumption on the premises any intoxicating liquor and/or non-intoxicating beer shall provide and maintain separate, clean and sanitary rest room facilities for male and female clientele.
[Ord. No. 06-11 §§3, 6, 2-14-2006]
A. 
No person licensed under the provisions of Chapter 600 of the Municipal Code of the City of Weldon Spring, his agent, servant or employee shall permit any disorderly, lewd or indecent conduct on the licensed premises. Nor shall any person licensed under the provisions of this Chapter or agent or employee, permit the exhibition or any form of video or live display which contains, portrays or depicts any act defined in Section 600.010, as disorderly, lewd or indecent conduct.
B. 
Whenever any person holding a liquor license within the City limits of the City of Weldon Spring allows disorderly, lewd or indecent conduct as defined in Section 600.010, or any person engaging in disorderly, lewd or indecent conduct on a premises licensed to sell alcoholic beverages within the City limits of Weldon Spring, such person shall be subject to a fine of up to five hundred dollars ($500.00) or to imprisonment in the St. Charles County Jail, or to both such fine and imprisonment. Each day of any violation of the provisions of this Section shall constitute a separate offense. The City shall also have the right to enjoin such violation and to conduct hearings, after due notice, as to suspension/revocation of the liquor license as is set out in Section 600.450, et seq., of the Municipal Code of the City of Weldon Spring, Missouri.
[Ord. No. 02-12 Art. II §27, 4-9-2002]
License Type
License Fee
Section Number
All Listed Under Article II
Intoxicating liquor by the drink
$450.00
600.350(8)
Intoxicating liquor in the original package
$150.00
600.350(9)
Sunday license
$300.00
600.350(18)
5% beer and light wine by the drink
$75.00
600.350(6)
5% beer by the drink
$52.50
600.350(5)
5% beer in the original package
$75.00
600.350(7)
3.2% beer by the drink
$37.50
600.350(14)
3.2% beer in the original package
$22.50
600.350(5)
Distributor or wholesaler of non-intoxicating beer containing not more than 3.2% by weight of alcohol
$75.00
600.350(16)
Distributor or wholesaler of malt liquor in excess of 5% alcohol by weight and not in excess of 22% of alcohol by weight
$150.00
600.350(3)
Distributor or wholesaler of malt liquor in excess of 5% alcohol by weight and not in excess of 22% of alcohol by weight
$300.00
600.350(12)
Distributor or wholesaler of intoxicating beverages of all kinds
$750.00
600.350(4)
Consumption license
$90.00
600.360
Temporary catering license
$15.00
600.390(C)
Temporary picnic license (3.2% beer by the drink)
$15.00
600.390(A)
Temporary picnic license (5% beer and wine by the drink)
$37.50
600.390(A)
Special temporary license
$75.00
600.390(B)
Manufacturers, distillers, blenders of malt liquor not in excess of 5% by weight of alcohol
$375.00
600.350(1)
Manufacturers, distillers, blenders of intoxicating liquors of all kinds
$675.00
600.350(2)
Manufacturers, distillers, blenders of intoxicating liquors not exceeding 22% by weight of alcohol
$300.00
600.350(13)
Manufacturers, distillers, blenders of non-intoxicating beer not more than 3.2% by weight of alcohol
$375.00
600.350(17)
Club license for sale of intoxicating liquor in excess of 5% by weight of alcohol
$150.00
600.380
[Ord. No. 02-12 Art. II §45, 4-9-2002; Ord. No. 06-02 §1, 1-10-2006]
The total number of liquor licenses which may be issued or authorized by the City of Weldon Spring at any given time shall be as follows:
Type
Number
1.
Intoxicating liquor by the drink
12
2.
Intoxicating liquor in the original package
10
3.
Sunday license
10
4.
5% beer and light wine by the drink
7
5.
5% beer by the drink
7
6.
5% beer in the original package
10
7.
3.2% beer by the drink
7
8.
3.2% beer in the original package
7
9.
Distributors or wholesaler of non-intoxicating beer containing not more than 3.2% by weight of alcohol
3
10.
Distributors or wholesalers of malt liquor not in excess of 5% alcohol by weight
3
11.
Distributors or wholesalers of malt liquor in excess of 5% alcohol by weight and not in excess of 22% of alcohol by weight
3
12.
Distributors or wholesalers of intoxicating beverages of all kinds
3
13.
Consumption license
5
14.
Temporary catering license
5
15.
Temporary picnic license (3.2% beer by the drink)
5
16.
Temporary picnic license (5% beer and wine by the drink
5
17.
Special temporary license
5
18.
Manufacturers, distillers, blenders of malt liquor not in excess of 5% by weight of alcohol
3
19.
Manufacturers, distillers, blenders of intoxicating liquors of all kinds
3
20.
Manufacturers, distillers, blenders of intoxicating liquors not exceeding 22% by weight of alcohol
3
21.
Manufacturers, distillers, blenders of non-intoxicating beer not more than 3.2% by weight of alcohol
3
22.
Club license for sale of intoxicating liquor in excess of 5% by weight of alcohol
5