City of Fredericktown, MO
Madison County
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Table of Contents
Table of Contents

Section 600.005 Purpose.

Alcohol is, by law, an age-restricted product that is regulated differently than other products. The provisions of this Chapter establish vital regulation of the sale and distribution of alcoholic beverages in order to promote responsible consumption, combat illegal underage drinking, and achieve other important policy goals such as maintaining an orderly marketplace composed of licensed alcohol producers, importers, distributors, and retailers.

Section 600.010 Definitions.

When used in this Chapter, the following words shall have the following meanings:
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
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. 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.
LIGHT WINES
An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR
An intoxicating liquor containing alcohol 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.
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, where the package and/or container(s) describes the contents thereof as intoxicating liquor. "Original package" shall also be construed and held to refer to any package containing one (1) or more standard bottles, cans or pouches of beer.
PERSON
An individual, association, firm, joint-stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal court.
RESORT
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 food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
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 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.)

Section 600.020 License Required.

A. 
No person shall, either by himself or through the use of agents or servants, engage in the manufacture, brewing, sale or distribution of intoxicating liquors within the City, without first having taken out and obtained a license authorizing such manufacture, brewing, sale or distribution in compliance with the terms of this chapter. The license shall be issued for a period of one (1) year from June 1, of each year, and persons desiring to secure licenses after June 1 shall pay for such portion of the license year remaining at the time such license is issued. Thereafter, all renewals of licenses shall be made on June 1 of each year. In prorating the amount of license to be paid for any period less than one (1) year, a fraction of a month shall be counted as a whole month.
B. 
In the event the holder of any license issued hereunder fails to begin operation thereunder within thirty (30) days of issuance, the holder’s license shall be automatically revoked. The Board of Aldermen may waive this revocation but only upon written application for said waiver and upon a showing of hardship or good cause.

Section 600.030 Qualifications Of Licensee.

[R.O. 2013 § 605.020; Ord. No. 205 § 3; Ord. No. 73-2 §§ 1 — 3; Ord. No. 08-39 § 1, 8-11-2008; Ord. No. 09-72 § 2, 12-28-2009]
No person shall be granted a license under this Chapter, unless such person is of good moral character and meets the moral, ethical and legal standards and requirements of the Statutes of the State and the regulations promulgated thereunder, nor shall any corporation be granted a license under this Chapter, unless the managing officer of such corporation is of good moral character and meets the moral, ethical and legal standards and requirements of the Statutes of the State and the regulations promulgated thereunder. No person shall be granted a permit or license under this Chapter whose permit or license as such dealer has been revoked or who has been convicted, since the ratification of the Twenty-first Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or who employs in his business as such dealer any person whose permit has been revoked or who has been convicted of violating such law since such ratification.

Section 600.040 Application — Payment Of Fee — Investigation Of Applicant — Issuance Or Denial.

[R.O. 2013 §§ 605.030 and 605.107; Ord. No. 205 § 4; Ord. No. 08-39 §§ 2, 9, 8-11-2008]
A. 
No license issued under this Chapter shall become effective until the licensee shall have applied for and been granted a license by Supervisor of Liquor Control of the State as provided in the Revised Statutes of Missouri.
B. 
Submittal To City Clerk. All applications for licenses under the provisions of this Chapter shall be made in writing on the proper form to the City Clerk and shall state specifically the alcoholic content of the intoxicating liquor to be sold under the license and whether the license is issued for consumption on the premises, not for consumption on the premises or for both sale in the original package and for consumption on the premises where sold. Applications shall be considered in order of receipt thereof. Failure of an applicant to qualify for license issuance within forty-five (45) days shall result in said applicant's application being rejected, at which time same must be resubmitted as a new application.
C. 
Contents. All such applications shall state the name and address of the applicant or if the applicant is a firm, partnership or association, the names and addresses of each member of the firm, partnership or association, or if the applicant is a corporation, the names and addresses of all officers, the board of directors and all stockholders of the corporation, or if the applicant is a limited liability company, the names and addresses of all managers, officers and members of the limited liability company shall have attached the required license fee and shall describe the premises which the license applied for shall cover. Said application shall be completed under oath and shall contain any information reasonably required to administer this Chapter.
D. 
Submittal To The Board Of Aldermen. Upon receipt by the City Clerk of an application, it shall be referred to the Police Department for investigation and the City Clerk shall report to the Board of Aldermen at the next scheduled meeting of the Board of Aldermen all applications being processed. The Police Department shall make a report as soon as may be possible to the Board of Aldermen, which report shall set forth the criminal record of the applicant, including the Federal Bureau of Investigation record of the applicant, a copy of which shall be attached to the Police report. The Police Department shall in their report also verify that they have investigated all of the facts in the applicant's application and have made a general character check of the applicant. If the applicant is a corporation or limited liability company, such report shall be made on the managing agent of the corporation as well as the corporation or limited liability company itself.
E. 
Recommendations. Upon the receipt of the report of the Police Department and other necessary departments of the City, the City Administrator or designee shall determine whether the applicant has met all requirements of the laws of the State, as set forth in Chapter 311, RSMo., and this Code and other ordinances of the City and shall recommend to the Board of Aldermen which licenses shall be granted.
F. 
Issuance — Contents Of License — Conduct.
1. 
Issuance. On approval of the application by the Board of Aldermen and the payment of the license taxes herein provided, the City Clerk shall grant the applicant a license to conduct business at the specified location in the City.
2. 
Content. Every license issued under this Chapter shall set forth the type of license granted and shall particularly describe the premises.
3. 
Requirements, Restrictions.
a. 
No licensee shall be deemed to be authorized or permitted to sell intoxicating liquor at any place other than described in the license.
b. 
No licensee under this Chapter shall be permitted to move the location of his establishment as pertains to the sale of intoxicating liquor without express approval of the Board of Aldermen.
c. 
No applicant hereunder shall be issued a license unless the licensee presents evidence of the right to possession and is in present possession of the premises described in his application at the time the applicant's application is presented to the Board of Aldermen.
d. 
No license shall be granted unless the applicant, corporation, limited liability company or association and the managing officer thereof have submitted to the Board of Aldermen satisfactory proof that the applicant is financially able to carry out the enterprise for which he is seeking an application.
e. 
No license shall be issued unless the location of the applicant's proposed establishment wherein he will sell intoxicating liquor is acceptable to the Board of Aldermen.
f. 
No license shall be issued unless the location of the applicant has been inspected and approved by the City Administrator or his designee as conforming to all general health, sanitation and building code requirements of the City.
g. 
No license shall be issued hereunder unless such establishment has toilet facilities for men and women, which facilities are clean, neat and in regular usable condition and are continued to be maintained in the clean, neat and orderly condition at all times during the issuance of the license.
h. 
No corporate or limited liability company licensee nor the managing agent of such corporation or limited liability company shall be granted a license under the provisions of this Chapter unless the manager officer is a stockholder, manager or member of the corporation or limited liability company and is a member of the board of directors or is actively engaged in the management of the corporate or limited liability company business.
i. 
Failure to commence operations within thirty (30) days of issuance shall result in automatic revocation of license.
G. 
Denial Of Application. Upon disapproval of any application for a liquor license as provided in this Chapter, the City Clerk shall so notify the applicant in writing setting forth therein the grounds and reasons for such disapproval and shall return such notice with the applicant's remittance
H. 
Renewal. Each license granted under the provisions of this Chapter shall be renewed each year and the same procedure followed for the granting of an original license shall be followed for each renewal. Applications for renewal, together with all information required to be submitted therewith as in the case of an original application, must be submitted to the Board of Aldermen at least sixty (60) days before the license expires in order to give the Board of Aldermen adequate time to process such application for renewal. All applications for renewal shall be treated on the same basis as if an original application and the same investigation required of an original applicant will be made for each application for renewal except that an FBI report shall not be required for renewals. In the event the managing agent for a corporation is discontinued during the time for which a license has been issued to such managing agent of a corporation, the corporation shall, within seven (7) days thereafter, appoint a new managing agent and notify the Clerk of the City of such appointment. Upon receipt of notification by the City Clerk of such new appointment, the license issued to such corporation will remain in full force and effect for sixty (60) days from the date of receipt of the notice of appointment of the new managing agent. Within seven (7) days after the receipt of notice of the appointment of the new managing agent, such new agent shall apply for an application for and on behalf of the corporation for the remaining period for which the original license was issued and submit said application to the Board of Aldermen as if it were an original application and the same procedure shall be followed by the Board of Aldermen in processing such application for the new managing agent as if it were an original application. In the event the application is approved, the license will continue for the balance of the term for which it was originally issued.

Section 600.050 License Regulations.

A. 
Package Sales, Limitations. No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses: a drugstore, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his/her store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this Chapter or the Liquor Control Law.
B. 
Temporary Permit For Sale By Drink — Certain Organizations.
1. 
Notwithstanding any other provision of this Chapter, a permit for the sale of all kinds of intoxicating liquor, including intoxicating liquor in the original package, at retail by the drink for consumption on the premises of the licensee may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such intoxicating liquor at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such club or organization.
2. 
If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 11:00 A.M.
3. 
At the same time that an applicant applies for a permit under the provisions of this Subsection, the applicant shall notify the Director of Revenue of the holding of the event by certified mail and by such notification shall accept responsibility for the collection and payment of any applicable sales tax.
4. 
No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the permit holder at such picnic, bazaar, fair or similar gathering.
C. 
Operating Hours, Days.
1. 
No person having a license issued pursuant to this Chapter nor any employee of such person shall sell, give away, or permit the consumption of any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday except as otherwise authorized and licensed for Sunday sales, and if said person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in Section 600.010 of this Chapter and between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one room only, 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.
2. 
When January 1, March 17, July 4 or December 31 falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday," any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of this Chapter to the contrary.
D. 
License Conspicuously Posted. Each license issued hereunder shall be conspicuously posted on the premises for which the license has been issued.
E. 
Separate License. A separate license shall be required for each place of business. Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
F. 
License Not Transferable. No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this Chapter, may make application and the Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased. Whenever one (1) or more members of a partnership withdraws from the partnership, the Clerk, upon being requested, shall permit the remaining partner or partners originally licensed to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license.
G. 
Relocation Of Business. In the event any licensee desires to change the location of his/her place of business in the City, it shall be necessary for him/her to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location, shall be issued immediately upon the approval of the application by the Board of Aldermen. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.
H. 
Cause For Termination — Notice Required. Whenever a license holder under this Chapter shall be closed for business for over thirty (30) consecutive calendar days, the license holder's license shall be subject to termination upon notification by the City Administrator or his designee that the license shall be voided and the licensee ordered to turn in his license unless the licensee, within fifteen (15) days of the notification by the City, shall, in writing, state the reasons why this should not be done. If the licensee makes the written return within fifteen (15) days, his license shall not be terminated or voided unless upon action by the Board of Aldermen. The Board of Aldermen shall make its decision on the basis of the qualifications, duties and obligations of the license holder listed in this Chapter and the reasons for which operation ceased.
[R.O. 2013 § 605.100(B); Ord. No. 205 § 5; Ord. No. 08-39 § 6, 8-11-2008]

Section 600.060 Restriction On Number Issued.

A. 
Sale Of Intoxicating Liquor And Intoxicating Beer By The Package. No licenses for the sale of intoxicating liquor and intoxicating beer or malt liquor at retail in the original package shall be granted when the granting thereof will increase the number of licenses outstanding and in force to a greater number than one (1) for each six hundred (600) people of population of the City and major fractions of such six hundred (600) people, as shown by the last decennial census. Nothing in this Section shall be construed to require the cancellation or invalidation or to prevent the regular annual renewal of any such retail liquor license now outstanding to the holders thereof or to any other person who shall subsequently acquire the business now operated by the present holders of such retail liquor licenses, but shall prevent issuance of any new licenses unless the same shall come within the foregoing provisions of this Section.
B. 
Sale Of Beer And Light Wine By The Drink. No licenses for the sale of intoxicating beer and light wine containing not in excess of fourteen percent (14%) of alcohol by weight, made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink shall be granted when the granting thereof will increase the number of such licenses to a greater number than one (1) such license for each one thousand (1,000) people of population of the City and major fractions of such one thousand (1,000) people, as shown by the last decennial census. Nothing in this Section shall be construed to require the cancellation or invalidation or to prevent the regular annual renewal of any such retail liquor license now outstanding to the holders thereof or to any other person who shall subsequently acquire the business now operated by the present holders of such retail liquor licenses, but shall prevent issuance of any new licenses unless the same shall come within the foregoing provisions of this Section.
C. 
Sale Of Intoxicating Liquor, Intoxicating Beer And Intoxicating Beer And Light Wines By The Drink.
1. 
Beer Taverns. No licenses for the sale of intoxicating liquor at retail by the drink shall be granted when the granting thereof will increase the number of beer taverns where beer is sold at retail by the drink to a greater number than one (1) such beer tavern for each one thousand (1,000) people of population of the City and major fractions of such one thousand (1,000) people, as shown by the last decennial census. Nothing in this Section shall be construed to require the cancellation or invalidation or to prevent the regular annual renewal of any such retail liquor license now outstanding to the holders thereof or to any other person who shall subsequently acquire the business now operated by the present holders of such retail liquor licenses, but shall prevent issuance of any new licenses unless the same shall come within the foregoing provisions of this Section.
2. 
Resorts. The number of resort licenses, as defined by this Chapter, shall be limited to three (3) licenses.

Section 600.070 Fees.

A. 
Generally. A separate license is required for each place of business and the license fees set forth in this Section shall be paid annually, except where otherwise provided for temporary licenses.
B. 
Package Liquor — Malt Liquor. The fee for distributors or wholesalers of intoxicating malt liquors not in excess of five percent (5%) alcohol by weight shall for sale in the original package direct to consumers but not for resale and not for consumption on the premises where sold is seventy-five dollars ($75.00).
C. 
Package Liquor — All Kinds. The fee for retailers selling intoxicating liquors containing alcohol in excess of five percent (5%) by weight, in the original package, not to be opened or consumed on the premises where sold shall be one hundred fifty dollars ($150.00).
D. 
Retailers Of Malt Liquor By Drink. The fee for retailers selling intoxicating malt liquors not in excess of five percent (5%) alcohol by weight shall for sale in the original package, or for consumption on the premises at retail by the drink for consumption on the premises where sold, shall be fifty-two dollars and fifty cents ($52.50).
E. 
Retailers Of Malt Liquor And Light Wines By Drink. The fee for retailers selling intoxicating malt liquors not in excess of five percent (5%) alcohol by weight and for light wines containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink for consumption on the premises where sold, shall be seventy-five dollars ($75.00).
F. 
Retailers Of Liquor Over 5%. The fee for retailers selling intoxicating liquors with an alcoholic content of more than five percent (5%) by weight for consumption on the premises where sold shall be three hundred dollars ($300.00). The license issued under this Subsection includes the right of sale in the original package, 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 alcoholic content of five percent (5%) or less by weight, by the drink or in the original package
G. 
Sunday Sales. In addition to any other fee established pursuant to the terms of this Section, any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor at retail, may apply for a special license to sell intoxicating liquor at retail between the hours of 9:00 A.M. and 12:00 midnight on Sundays, for an additional fee of three hundred dollars ($300.00) a year payable at the same time and in the same manner as its other license fees.
H. 
Temporary, Caterers. Temporary caterers for each calendar day, or fraction thereof, for which the permit is issued shall pay a fee of ten dollars ($10.00).
I. 
Temporary, Civic Organizations. Temporary permit for sale of beer for consumption on premises to a club, church, school, civic, service, fraternal, veterans, political or charitable club or organization for sale at a picnic, bazaar, fair or similar gathering shall pay a fee of thirty-seven dollars and fifty cents ($37.50). Said permit shall not authorize the aforesaid sale of beer for more than seven (7) days in any one (1) license year.
J. 
Wine Tasting License. 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 may apply for a special permit to conduct wine tastings on the licensed premises. The fee for a special license to conduct wine tastings shall be thirty-seven dollars and fifty cents ($37.50).

Section 600.080 Permits.

A. 
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.050(B) hereof may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
B. 
Tasting Permit — Retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
C. 
Tasting Permit — Winery, Distiller, Manufacturer, Etc.
1. 
Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a "sales transaction" shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
2. 
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide, furnish, or pour distilled spirits, wine, or malt beverage samples for customer tasting purposes on any temporary licensed retail premises as described in Sections 311.218, 311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax-exempt organization's licensed premises as described in Section 311.090, RSMo.
3. 
Any Winery, Distiller, Etc., May Provide Or Furnish Distilled Spirits, Wine Or Malt Beverage Samples On A Licensed Retail Premises — When.
a. 
Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Section 311.294, RSMo., or hold a by the drink for consumption on the premises where sold retail license. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-the-premises product tasting.
b. 
Distilled spirits, wine, or malt beverage samples may be dispensed by an employee of the retailer, winery, distiller, manufacturer or brewer or by a sampling retained by the retailer, winery, distiller, manufacturer or brewer. All sampling service employees that provide and pour intoxicating liquor samples on a licensed retail premises shall be required to complete a server training program approved by the Division of Alcohol and Tobacco Control.
c. 
Any distilled spirits, wine, or malt beverage sample provided by the retailer, winery, distiller, manufacturer, wholesaler, or brewer remaining after the tasting shall be returned to the retailer, winery, distiller, manufacturer, wholesaler, or brewer.

Section 600.090 Temporary Location For Liquor By The Drink, Caterers — Permit — Fee Required.

A. 
The City may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at 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. The temporary permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, and 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. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section 600.070 above, for which the permit is issued.
B. 
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. This temporary permit shall allow the sale of intoxicating liquor in the original package.
C. 
Notwithstanding any other law to the contrary, any caterer who possesses a valid State and valid local liquor license may deliver alcoholic beverages, in the course of his/her catering business. A caterer who possesses a valid State and valid local liquor license need not obtain a separate license for each City the caterer delivers in, so long as such City permits any caterer to deliver alcoholic beverages within the City.
D. 
To assure and control product quality, wholesalers may, but shall not be required to, give a retailer credit for intoxicating liquor with an alcohol content of less than five percent (5%) by weight delivered and invoiced under the catering permit number, but not used, if the wholesaler removes the product within seventy-two (72) hours of the expiration of the catering permit issued pursuant to this Section.

Section 600.100 Real Estate Annexed To City.

In the event real estate is annexed to the City and a person is operating within such annexed area in accordance with the authority of the State as a manufacturer, distiller, wholesaler or retailer of alcohol or intoxicating liquor, such person shall be granted a license by the City to continue such operation provided that such person meets the other requirements contained in this Chapter.

Section 600.110 Sales Of Liquor Prohibited Near Schools And Churches.

A. 
No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within three hundred (300) 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 Aldermen, except that when a school, church or place of worship shall hereafter be established within three hundred (300) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten (10) days' written notice has been provided to all owners of property within three hundred (300) feet of the proposed licensed premises.
B. 
Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
C. 
Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.

Section 600.120 Self-Dispensing Of Beer Or Wine Permitted, When.

A. 
Any person licensed to sell liquor at retail by the drink for consumption on the premises where sold may use a self-dispensing system, which is monitored and controlled by the licensee and allows patrons of the licensee to self-dispense beer or wine. Before a patron may dispense beer or wine, an employee of the licensee must first authorize an amount of beer or wine, not to exceed thirty-two (32) ounces of beer or sixteen (16) ounces of wine per patron per authorization, to be dispensed by the self-dispensing system.
B. 
No provision of law or rule or regulation of the City shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish self-dispensing or cooling equipment or provide services for the maintenance, sanitation, or repair of self-dispensing systems.

Section 600.130 Minors.

A. 
Persons 18 Years Of Age Or Older May Sell Or Handle Intoxicating Liquor, When.
1. 
Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
2. 
In any place of business licensed in accordance with this Chapter, persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for, and sack for carry-out, intoxicating liquor. 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.
3. 
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. 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.
4. 
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 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.
B. 
Sales To Minor — Exceptions.
1. 
No licensee, his/her employee, or any other person shall procure for, sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, except that this Section shall not apply to the parent or guardian of the minor nor 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 such 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 while serving in the capacity as an employee of a licensed establishment.
2. 
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/her parent or guardian, is guilty of an ordinance violation.
3. 
It shall be a defense to prosecution under this Subsection if:
a. 
The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof;
b. 
The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
c. 
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 for consumption of intoxicating liquor.
C. 
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver's License, Passport Or I.D. Cards, Penalties.
1. 
No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.
2. 
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D. 
Minors In Possession Of Intoxicating Liquor.
1. 
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010, or shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.
2. 
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, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood. The implied consent to submit to the chemical tests listed in this Subsection shall be limited to not more than two (2) such tests arising from the same arrest, incident, or charge. Chemical analysis of the person's breath, blood, saliva, or urine shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose. The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer. Upon the request of the person who is tested, full information concerning the test shall be made available to such person.
a. 
"Full information" is limited to the following:
(1) 
The type of test administered and the procedures followed;
(2) 
The time of the collection of the blood or breath sample or urine analyzed;
(3) 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
(4) 
The type and status of any permit which was held by the person who performed the test;
(5) 
If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.
b. 
"Full information" does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, "full information" does not include information in the possession of the manufacturer of the test instrument.
3. 
Exception.
a. 
The provisions of this Subsection shall not apply to a student who:
(1) 
Is eighteen (18) years of age or older;
(2) 
Is enrolled in an accredited college or university and is a student in a culinary course;
(3) 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) 
Tastes a beverage under Subsection(D)(3)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
b. 
The beverage must at all times remain in the possession and control of any authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.

Section 600.140 Burden Of Proof On Violator Concerning Manufacturer-Sealed Container.

For purposes of determining violations and prosecution under this Chapter, or any rule or regulation of the Supervisor of Alcohol and Tobacco Control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was no intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

Section 600.150 Miscellaneous Offenses.

A. 
Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler. It shall be unlawful for any licensee to purchase any intoxicating liquor except from, by or through a duly licensed wholesale liquor dealer in this State. It shall be unlawful for such retail liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of the provisions of this Section.
B. 
Packaging, Labeling, Repackaging Prohibited, When. Any retailer licensed pursuant to this Chapter shall not:
1. 
Sell intoxicating liquor with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or
2. 
Repackage intoxicating liquor with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
C. 
Mixing Liquor With Drugs Prohibited. No licensee, or any other person, shall for any purpose whatsoever mix or permit or cause to be mixed with any intoxicating liquor kept for sale, sold or supplied by him/her as a beverage any drug or form of methyl alcohol or impure form of alcohol.
D. 
Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful for any person to sell any intoxicating liquor which has not been inspected and labeled according to the provisions of the Liquor Control Law of Missouri, and any such person upon conviction shall have his/her license revoked and shall be ineligible to receive any subsequent liquor license for a period of two (2) years thereafter.
E. 
Only Those Liquors Authorized By License To Be Kept On Premises. It shall be unlawful for any licensee licensed for the sale of intoxicating liquor at retail by the drink for consumption on the premises to keep in or upon the premises described in such license any intoxicating liquor other than the kind of liquor expressly authorized to be sold by such licensee.
F. 
Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor. It shall be unlawful for any licensee, or his/her employee or agent, to sell or supply intoxicating liquor, or permit such to be sold or supplied, to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.
G. 
Drinking In Public Places Prohibited.
1. 
For purposes of this Section, the term "public place" shall mean any City Park, public street, highway, alley, sidewalk, thoroughfare or other public way of the City, or any parking lot.
2. 
No person shall drink or ingest any intoxicating liquor in or on any public place.
3. 
No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while in or upon any public place.
4. 
No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while within or on any motor vehicle while the same is being operated upon, or parked or standing in or upon, any public place. Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he/she has control of whether or not he/she has actual physical possession of the open container.

Section 600.160 Warning Sign Displayed — Liquor Licenses.

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 by fourteen (11 x 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.

Section 600.170 Authority Of City To Inspect Premises Of Licensee.

[R.O. 2013 § 605.106; Ord. No. 08-39 § 9, 8-11-2008]
The Board of Aldermen, the City Administrator, the Chief of Police or their designated agents and employees has the right at any time to inspect the premises wherein alcoholic beverages are being sold under a license issued under the provisions of this Chapter. Upon the request of any such persons, the person or persons to whom a license is issued under the provisions of this Chapter or those in their employ shall, at all times, allow said persons to inspect the premises and shall show them the stock of goods in any room or place in the premises that they desire to inspect. The Chief of Police or those who may be instructed by the Board of Aldermen or the City Administrator shall make periodic inspections of all establishments wherein a license to sell alcoholic beverages has been issued to determine whether or not the provisions of this Chapter are being met and the standards of health, orderliness and cleanliness are being maintained. All of such persons shall make periodic reports to the Board of Aldermen of their findings upon such inspection and the Board of Aldermen shall have the authority to act thereon as a result of such findings in accordance with the provisions of this Chapter.

Section 600.180 Administration Of Law — License Suspension/ Revocation.

A. 
Suspension Or Revocation Of License — When — Manner. The Board of Aldermen may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board of Aldermen or a hearing officer not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days' written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.190 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. 
Violating any of the provisions of either this Chapter, Chapter 311, RSMo., or any ordinance of the City; or
2. 
Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control; or
3. 
Making a false affidavit in an application for a license under this Chapter; or
4. 
Failing to keep an orderly place or house; or
5. 
Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license; or
6. 
Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. 
Selling, giving, or otherwise supplying intoxicating liquor to:
a. 
Any person under the age of twenty-one (21) years, or
b. 
Any person during unauthorized hours on the licensed premises, or
c. 
A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor, or
d. 
Any person on the licensed premises during a term of suspension as ordered by the Board of Aldermen.
C. 
Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee's State liquor license is revoked or if the licensee is convicted in any court of any violation of this Chapter or Chapter 311, RSMo., or of any felony violation of Chapter 195, RSMo., in the course of business. A license shall be suspended automatically if the licensee's State liquor license is suspended, and the suspension shall be for a term not less than that imposed by the State.
D. 
Effect Of Suspension. No person whose license shall have been suspended by order of the Board of Aldermen shall sell or give away any intoxicating liquor during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the Board of Aldermen's order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.

Section 600.190 Hearings Upon Suspension Or Revocation Of Licenses.

A. 
Hearing Officer. Hearings may be had before the Board of Aldermen or before a Hearing Officer appointed by the Board of Aldermen who shall be an attorney licensed to practice law in the State of Missouri. If held before a Hearing Officer, he/she shall report to the Board of Aldermen findings of fact, conclusions of law and recommendations. The Board of Aldermen may accept, modify or refuse to accept the report of the Hearing Officer or any portion thereof.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the Board of Aldermen for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Board of Aldermen also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.180 of this Chapter, the Board of Aldermen shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. 
Appeal. Any applicant or licensee aggrieved by a decision of the Board of Aldermen may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within thirty (30) days of the date of the Board of Aldermen's decision. The Board of Aldermen may delay the implementation of its order pending appeal.