Section 600.130 Power of Board of Aldermen to Suspend or Revoke License or Refuse to Issue or Renew License.
[Ord. No. 246 §§1 — 2, 2-12-1976]
As used in this Chapter the following terms shall have these prescribed meanings:
- INTOXICATING LIQUOR
- Alcohol for beverage purposes, 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 in Section 312.010, RSMo. 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 Sections 196.365 to 196.445, RSMo.
- Any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator, or other officer appointed by any State or Federal court.
[Ord. No. 246 §3, 2-12-1976]
It shall be unlawful for any person, firm, partnership or corporation to sell or expose for sale within Velda City intoxicating liquors in any quantity without taking out a license to do so.
[Ord. No. 460 §4, 1-12-1994]
No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and tax paying citizen of St. Louis County or Velda City, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified voter and tax paying citizen of the County of St. Louis or Velda City; and no person shall be granted a license hereunder whose license as such dealer has heretofore been revoked, or who has been convicted of a felony, or any law pertaining to the sale of intoxicating liquor in the State of Missouri, or who employs in his/her business as such dealer, any person whose license has been revoked, or who has been convicted of a felony or any law pertaining to the sale of intoxicating liquor within the State of Missouri.
Any person possessing the qualifications and meeting the requirements of Chapter 311 of the Revised Statutes of Missouri, who possesses a State license to sell intoxicating liquor in the original package at retail under Sections 311.200 and 311.293, RSMo., may apply for a special Velda City license to sell intoxicating liquor in the original package at retail.
[Ord. No. 246 §5, 2-12-1976]
Any license issued under the provisions of this Chapter shall be by the Board of Aldermen who shall require the applicant to file a written application with the Board, which application shall contain the information reasonably required to comply with the provisions of this Chapter, and which application shall be under oath. The applicant for such license shall appear in person before the Board of Aldermen when presenting such application.
[Ord. No. 246 §6, 2-12-1976]
No license shall be granted for the sale of intoxicating liquors as provided in this Chapter within one hundred (100) feet of any school, church, or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing of the Board of Directors of the school or the consent in writing of the majority of the managing board of such church or place of worship. Provided however, when a school or church or place of worship shall hereafter be established within one hundred (100) feet of any place licensed to sell intoxicating liquors, the license shall not be denied for lack of consent in writing as herein provided.
[Ord. No. 246 §7, 2-12-1976]
No license shall be issued for the sale of intoxicating liquors in the original package, not to be consumed upon the premises where sold except to a person engaged in and to be used in connection with the operation of any of the following businesses: a drug store, cigar and tobacco store, grocery store, general merchandise store, confectionery or delicatessen store, nor to any such person who does not have and keep in his/her store, a stock of goods having a value, according to invoices, of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors.
Under such license issued as aforeprovided no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises.
[Ord. No. 460 §8, 1-12-1994]
For every license for sale at retail in the original package under the provisions of this Chapter, the licensee shall pay to the Collector of Velda City, Missouri, the sum of one hundred fifty dollars ($150.00) per year, due upon issuance of said license. Except that an additional sum of three hundred dollars ($300.00) per year shall be due upon issuance of a special license for the privilege of selling intoxicating liquor in the original package at retail between the hours of 11:00 A.M. and Midnight on Sundays within the City limits of Velda City, Missouri. The annual license shall expire on the thirty-first (31st) of December of each year.
[Ord. No. 246 §9, 2-12-1976]
Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquors may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquors at any place other than that described in the license issued.
Renewal. Applications for renewal of licenses must be filed with the Board of Aldermen on or before the first (1st) day of January of each calendar year.
Licenses Non-Transferable — Exceptions.
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.
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. 246 §10, 2-12-1976]
It shall be unlawful for any person holding a retail intoxicating liquor license hereunder to purchase any intoxicating liquor except from, by or through a duly licensed wholesale liquor dealer in the State of Missouri.
No person having a license under this law, nor any employee of such person, except as provided in Subsection (B), shall sell, give away, or otherwise dispose 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. Sunday and 6:00 A.M. Monday. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section 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. 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 or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail.
Any person licensed pursuant to this Chapter shall not be permitted to sell, give away, or otherwise dispose 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. Sunday and 6:00 A.M. Monday.
In any place of business licensed in accordance with Sections 311.200 or 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 or non-intoxicating beer. Delivery of intoxicating liquor or nonintoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.
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 or Chapter 312, RSMo., 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.
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. 246 §13, 2-12-1976]
A State operator's or chauffeur's license or State identification card shall be presented by the holder upon request of the licensee, or the duly authorized employee of the licensee to determine whether or not the person desirous of making a purchase of intoxicating liquor of such person is of age as herein provided. Upon the presentation of such identification the licensee or employee thereof, shall compare the photo and physical characteristics noted on such identification with the person requesting such purchase.
Section 600.130 Power of Board of Aldermen to Suspend or Revoke License or Refuse to Issue or Renew License.
[Ord. No. 246 §14, 2-12-1976]
For the purpose of carrying out the provisions of this Chapter, the Board of Aldermen shall have exclusive authority to suspend or revoke for cause any license issued hereunder, or refuse to issue a license, or a renewal thereof, provided such licensee be first granted a hearing at which he/she may be represented by counsel if so desired.
Any licensee under this Chapter, or his/her employee, who 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, and any person whomsoever except his/her parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor 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.