[R.O. 2008 §600.010; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6202 §1, 6-28-1999]
For the purpose of this Chapter, the following terms shall have the meanings designated herein:
- ABANDONMENT OF PREMISES
- Voluntarily ceasing to operate a business that has been legally licensed by the City and State to be conducted under the Sections of this Chapter.
- ALCOHOLIC BEVERAGES
- Intoxicating liquor or malt liquor.
- Any building or structure regularly and primarily used as a place of worship by any organized religious society, organization or congregation, regardless of whether or not such building or structure was originally designed and constructed for such purpose.
- CLOSED PLACE
- A place where all doors are locked and where no patrons are in the place or about the premises.
- Regularly incorporated associations not-for-profit under the laws of this State organized for sole purpose as benevolent, charitable or social, having regular dues-paying members. Any incorporated association organized for the principal reason of selling alcoholic liquor shall not constitute club.
- "C.O.L." LICENSE
- A license for the consumption of alcoholic beverages in or upon premises that do not possess a license for the sale of alcoholic beverages and where food, beverages or entertainment are sold or provided for compensation as provided in Section 311.480, RSMo.
- Any place that is used regularly or irregularly as a place of repose, sleep or rest, or any place containing a bed, cot, divan, couch or other article of furniture on which an adult person may recline; provided however, this term does not include any premises used as a hotel, motel or hotel room.
- FINANCIAL INTEREST
- 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 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 the 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 the guise of royalties, commissions, salaries or any other form whatsoever.
- IN A MOTOR VEHICLE
- Includes the interior of any motor vehicle or the bed or flatbed area of any pickup, truck or trailer.
- INTOXICATING LIQUOR
- As defined in the liquor control laws of the State of Missouri, currently Section 311.020, RSMo.
- The holder of any license issued under the provisions of this Chapter.
- MALT LIQUOR
- 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 not in excess of five percent (5%) by weight.
- MANAGING OFFICER
- The person who is in active management and control of an alcoholic beverage establishment.
- MOTOR VEHICLE
- Includes any self-propelled vehicle not operated exclusively upon tracks.
- OPEN CONTAINER
- Any container which is immediately capable of being consumed from or the seal of which has been broken.
- OPERATOR or OPERATED
- A person who is in actual physical control of a motor vehicle.
- ORIGINAL PACKAGE
- One (1) container of not less than fifty (50) milliliters of any intoxicating liquor containing in excess of five percent (5%) alcohol by volume or three (3) or more standard containers of malt liquor.
- An individual, partnership, club, association, firm, corporation, limited liability company, joint stock company, syndicate, receiver, trustee, conservator or other officer appointed by any State or Federal Court.
- May be either actual or constructive possession if the individual has knowledge of the presence of the item. A person has actual possession if he/she has the container on his/her person or within easy reach and convenient control. A person who, although not in actual possession, has the power and intention at a given time to exercise dominion or control over the container either directly or through another person or persons is in constructive possession of it. Possession may be sole or joint. If one (1) person alone has possession of the item, possession is sole; if two (2) or more persons share possession of the item, possession is joint.
- The bounds of the enclosure where alcoholic beverages are sold or consumed.
- RESIDENT CORPORATION
- A corporation incorporated under the laws of this State, all the officers and director of which, and 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 the State for a period of three (3) years continuously, immediately prior to the date of filing of application for a license, provided that a stockholder need not be a voter or a 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 State law 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.
- Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross receipts requirements of this Subsection, 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.
- 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
- The sale of any intoxicating liquor, except malt liquor, in the original package in any quantity less than fifty (50) milliliters.
- Any school that is regularly used as a public, private or parochial school, elementary school, high school, college, university, professional school, business or secretarial school receiving some support from public, religious or charitable funds.
- SELF-CONTAINED MOTOR HOME
- A motor vehicle designed for operation on the highway which contains at minimum a bed, sink, refrigerator, stove and functional restroom facility which are designed to be contained within the motor vehicle.
- WHOLESALERS, DISTRIBUTORS
- Firms or corporations selling intoxicating liquors to duly licensed retailers for resale.
[R.O. 2008 §600.020; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7528 §1, 5-28-2013]
No person having a license under this law, nor any employee of such person, shall sell, give away, or permit the consumption of, or suffer the same to be done upon or about his/her 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. and 10:00 A.M. Sunday and from 10:00 P.M. on Sunday until 6:00 A.M. Monday.
No person holding a "C.O.L." license under this Chapter shall permit the drinking or consumption of intoxicating liquor in, upon or about the premises between the hours of 1:30 A.M. Sunday and after 6:00 A.M. on Monday.
[R.O. 2008 §600.030; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6599 §1, 11-10-2003]
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 Section 311.290, RSMo., or any other provision of law to the contrary.
Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the Supervisor of Liquor Control may issue, a license to sell intoxicating liquor, as in this Chapter defined, between the hours of 9:00 A.M. Sunday and Midnight on Sunday for retail sales or by the drink at retail for consumption on the premises of any restaurant bar as described in the application.
[R.O. 2008 §600.040; Ord. No. 4960 §1, 3-11-1991]
Any druggist may have in his/her possession intoxicating liquor purchased by him/her from a licensed vendor, or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this State and the City, and lawfully inspected, gauged and labeled as provided for in 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 in compliance with this Chapter, from selling intoxicating liquor in the original package, but not to be drank or the package 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 of a regularly licensed physician as above provided.
[R.O. 2008 §600.045; Ord. No. 5320 §1, 7-17-1995; Ord. No. 5402 §1, 4-8-1996]
It shall be unlawful for any person under the age of nineteen (19) years to enter in, be upon the premises of, or to linger or loiter in or about the premises of any licensee holding a liquor by the drink license or a consumption of liquor license, except any such person under the age of nineteen (19) years of age may be on such premises if accompanied by his/her parent or legal guardian.
It shall be unlawful for any individual to allow, cause or assist any person under the age of nineteen (19) years to enter or be on the premises of, or linger or loiter in or about the premises of any licensee holding a liquor by the drink license or consumption of liquor license in violation of the preceding paragraph.
Any license holding a liquor by the drink license or consumption of liquor license shall have a sign conspicuously displayed in the common area at the principal entrance to the premises, which shall read as follows:
IT IS UNLAWFUL FOR PERSONS UNDER THE AGE OF NINETEEN (19) TO ENTER THESE PREMISES UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN. VIOLATION CAN RESULT IN A FINE OF UP TO FIVE HUNDRED DOLLARS ($500.00) AND/OR NINETY (90) DAYS IN JAIL.
This Section shall not apply to any establishment where substantial quantities of food are served (fifty percent (50%) or more gross sales from the sale of food prepared or consumed on the premises) or fifty percent (50%) or more gross sales from the sale of commodities other than liquor, including such as billiards, bingo, bowling, indoor golf, soccer or volleyball.
This Section shall not apply to any charitable, fraternal, religious, service or veteran's organization that has obtained an exemption from payment of Federal income taxes as provided in Section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10), 501(c)(19), or 501(d) of the United States Internal Revenue Code of 1954, as amended in accordance with Section 311.090(2), RSMo.
Every person who commits a violation of this Section shall be adjudged guilty of a ordinance violation, and be punished by imprisonment not exceeding three (3) months in jail or a fine of not more than five hundred dollars ($500.00), or by both such fine and imprisonment. Each entry in or upon the premises in violation of this Section, or each occurrence of loitering in violation of this Section, shall be punishable as a separate distinct offense.
[R.O. 2008 §600.050; Ord. No. 4960 §1, 3-11-1991]
No licensee or his/her employee shall 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 or to any person intoxicated or appearing to be in a state of intoxication or to a habitual drunkard; nor shall any person holding a "C.O.L." license or his/her employee permit the drinking or consumption of intoxicating liquor in, upon or about the licensed premises by any person under the age of twenty-one (21) years.
[R.O. 2008 §600.060; Ord. No. 4960 §1, 3-11-1991]
No person, organization, club or other group shall purchase or in any way secure or supply intoxicating liquor for or to any person under the age of twenty-one (21) years.
The prohibition obtained in Subsection (A) shall not apply to the purchase, securing or supply of any intoxicating liquor by the parent or guardian of such person under such age or to the administrating of the sale of intoxicating liquor to such person under such age by a duly licensed physician as part of the medical treatment.
If said violation of Subsection (A) in this Section shall be violated, then the person as well as the organization, club or group which shall be sponsoring, acquisiting or condoning the violation of this Section shall be guilty of an ordinance violation and further, if the violation involves any organization, club or group, the officers, directors, sponsors, leaders or organizers of the illegal securing or supplying of intoxicating liquor may in addition thereto, be held individually guilty of violating this Section.
[R.O. 2008 §600.070; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6778 §§1 — 2, 8-22-2005]
It shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase any intoxicating liquor as defined by Missouri law.
It shall be unlawful for any person under the age of twenty-one (21) years to have in his or her possession any intoxicating liquor as defined by State law or to be visibly intoxicated as that term is defined by State law or to have a detectable blood alcohol content of two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.
For the purpose of determining a violation of this Section or any other provision of this Chapter involving an alleged illegal sale transfer to or possession of intoxicating liquor by a person under twenty-one (21) years of age, a manufactured-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is such intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on the person and it shall be presumed that a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
[R.O. 2008 §600.075; Ord. No. 6777 §1, 8-29-2005]
It shall be unlawful for any person to supply any intoxicating liquor to any person under the age of twenty-one (21) years.
Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his or her parent or guardian, is guilty of an ordinance violation.
It shall be a defense to the prosecution under this Section if:
The defendant is a parent or guardian of the person who is under twenty-one (21) years of age; or
The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit or an employee thereof; and the defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) years of more of age; and to purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card or other official or apparently official document containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age of consumption of intoxicating liquor.
[R.O. 2008 §600.080; Ord. No. 4960 §1, 3-11-1991]
Any person of the age of seventeen (17) years and under the age of twenty-one (21) years who shall represent that he or 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 ordinance violation.
Any person under the age of seventeen (17) years who shall represent that he or 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.
[R.O. 2008 §600.090; Ord. No. 4960 §1, 3-11-1991]
In any place of business licensed in accordance with Section 311.200, or Section 312.040, RSMo., 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. Delivery of intoxicating liquor 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.
In any distillery, warehouse, wholesale distributorship or similar place of business which stores or distributes intoxicating liquor but which does not sell intoxicating liquor at retail, persons at least eighteen (18) years of age may be employed, and their duties may include the handling of intoxicating liquor for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail.
Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor in places of business which sell food for consumption on the premises if at least fifty percent (50%) of all sales in those places consist of food; provided, that nothing in this Section shall authorize persons under the age of twenty-one (21) years to mix or serve across the bar alcoholic beverages.
[R.O. 2008 §600.095; Ord. No. 6202 §1, 6-28-1999]
A person commits the offense of transporting an open container, if an open container of intoxicating liquor is found within a motor vehicle that is being operated within the City limits of the City of Maryville other than on private property. An open container shall be considered to be in the possession of the operator of the motor vehicle if the container is not in the sole possession of a passenger.
A person commits the offense of possession of an open container, if an open container of intoxicating liquor is possessed by him/her while the person is a passenger in a motor vehicle being operated within the City limits of the City of Maryville other than on private property.
Notwithstanding the foregoing provisions, a person shall not be guilty of transporting an open container, nor be guilty of possession of an open container if:
The person is the passenger in a vehicle which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver's license with a passenger endorsement; or
The person is a passenger of a bus in which the driver holds a valid commercial driver's license with a passenger endorsement; or
The person is a passenger of a self-contained motor home; or
The open container is located in a locked glove compartment, a locked trunk or other locked non-passenger area of the vehicle; or
In the case of motorcycles, motorized bikes and other two-wheeled motor vehicles, the open container is enclosed within another container.
[R.O. 2008 §600.100; Ord. No. 4960 §1, 3-11-1991]
No license shall be issued for the sale of alcoholic beverages or "C.O.L." in or upon any structure occupied in whole or in part as a dwelling unless such dwelling is equipped with a separate entrance and unless there is no means of entrance or exit from the licensed premises to any dwelling. This Section shall not apply to back single rooms used by night watchmen as places of rest.
[R.O. 2008 §600.110; Ord. No. 4960 §1, 3-11-1991]
In the event the owner, tenant or manager of any property within the confines of the City shall display a sign at or upon said property to the effect that no intoxicating liquor may be sold, displayed or consumed upon said property, then anyone in violation of the prohibition on said sign shall, upon conviction thereof, be deemed guilty of a ordinance violation.
[R.O. 2008 §600.120; Ord. No. 4960 §1, 3-11-1991]
Licensees selling intoxicating liquor at retail by the drink for consumption on the premises where sold, shall not keep or secrete, nor allow any other person to keep or secrete, in or upon the licensed premises, any intoxicating liquor other than the kind expressly authorized to be sold by such licensee or permittee.
[R.O. 2008 §600.130; Ord. No. 4960 §1, 3-11-1991]
No holder of a license under this Chapter, 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 methylalcohol or impure form of alcohol.
[R.O. 2008 §600.140; Ord. No. 4960 §1, 3-11-1991]
No licensee shall sell intoxicating liquor or shall offer for sale any such intoxicating liquor, brewed, manufactured or distilled by one (1) manufacturer, in substitution for, or with the representation that any such intoxicating liquor is the product of any other brewer, manufacturer or distiller.
[R.O. 2008 §600.150; Ord. No. 4960 §1, 3-11-1991]
No more than one (1) retail license provided for by this Chapter shall be issued for any single premises at any given time.
[R.O. 2008 §600.160; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6478 §1, 6-24-2002]
It shall be unlawful for any licensee to have, allow or encourage upon its premises any gambling or gaming as defined by State law, including both games of chance and games of skill, unless that gambling or gaming is permitted on the premises of a licensee by the Missouri Gaming Commission and the Missouri Division of Liquor Control.
It shall be unlawful for any gambling or gaming as defined by State law, including both games of chance and games of skill, to occur on the premises of a licensee, unless that gambling or gaming is permitted on the premises of a licensee by the Missouri Gaming Commission and the Missouri Division of Liquor Control.
It shall be unlawful for any licensee to allow or have any gambling devices upon its premises unless the operation of said device on the premises of the licensee is permitted by the Missouri Gaming Commission and the Division of Liquor Control.
[R.O. 2008 §600.170; Ord. No. 4960 §1, 3-11-1991]
No retail licensee shall knowingly permit any prostitute, degenerate or dissolute person to frequent the licensed premises.
No retail licensee shall allow in or upon his/her premises any improper disturbance, lewdness, immoral activities, brawls, or any indecent, profane or obscene language, songs, entertainment, literature or advertising material — nor shall any licensee cause to have printed or distributed any lewd, immoral, indecent literature or advertising material; or cause to have printed or distributed any lewd, immoral, indecent or obscene literature or advertising material; not allow any person to appear on the licensed premises in a condition where either or both of the breasts or pelvic area, or the buttocks, are not covered with opaque clothing, and no dancing will be allowed on any surface where food or drinks are served or any place within the premises open to public view from the exterior of a licensed premises. No person shall perform a lewd or erotic dance defined herein as being devoted to or tending to arouse sexual desire, nor shall any person perform a striptease dance defined herein as removal of clothing.
[R.O. 2008 §600.180; Ord. No. 4960 §1, 3-11-1991]
No person holding a license for the retail sale of intoxicating liquor shall knowingly sell, give away or serve upon the premises described in said license, any glass, ice, water, soda-water, phosphates or any other kind of liquids to be used for the purpose of mixing intoxicating drinks and commonly referred to as "setups" nor shall any such licensee suffer any person, while in or upon the licensed premises, to pour into, mix with, or add intoxicating liquor to water, soda-water, ginger ale, seltzer, malt, phosphates or any other kind of liquor or other liquor; provided however, that nothing herein contained shall be construed to prohibit any of the above acts in any private guest room or private dining room of any duly licensed hotel, motel or private club. No licensee shall knowingly allow any person, while in or upon the licensed premises, to drink or consume directly out of a bottle any alcoholic beverage containing in excess of five percent (5%) alcohol by weight.
[R.O. 2008 §600.190; Ord. No. 4960 §1, 3-11-1991]
Upon information by the City Prosecuting Attorney that any person has failed or refused to observe all the terms and conditions of a subpoena or subpoena duces tecum issued by the Director of Public Safety, or upon complaint filed by a Public Safety Officer or other person authorized to effect arrests, the Municipal Judge shall, at once issue a warrant for the arrest of the person complained against, which warrant shall be directed to the Director of Public Safety and shall be executed by him/her or any Officer or member of the Department of Public Safety.