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.
When used in this Chapter, the following words shall have the
following meanings:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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.
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.
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.
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.
An individual, association, firm, joint-stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court.
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.
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.)
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.
[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.
[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.
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 6:00 A.M.
[Ord. No. 21-31, 11-1-2021]
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]
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 four hundred
(400) people of population of the City and major fractions of such
four hundred (400) 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.
[Ord. No. 20-13, 5-26-2020]
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 Light Wines
By The Drink. 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.
[Ord. No. 20-06, 2-24-2020]
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 6:00 A.M. on Sundays and 1:30
A.M. on Mondays, 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.
[Ord. No. 21-31, 11-1-2021]
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).
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.
[Ord. No. 23-09, 2-27-2023]
A.
Issuance of Temporary Outdoor Consumption Permit. The Board of Aldermen
may, in the Board of Aldermen's sole discretion, when it deems
it beneficial to fostering community spirit and tourism, issue a temporary
outdoor consumption permit in any designated event district, or any
portion of an event district as the applicant may request, such area
being referred to herein as the permit area. The temporary outdoor
consumption permit may only be issued after proper application has
been received by the City Clerk. The Board of Aldermen may place such
terms and conditions on the temporary outdoor consumption permit as
it, in its sole discretion, deems appropriate.
B.
Permit Areas. The following areas have been designated as event districts:
1.
The Downtown Event District: an area which shall include, in
whole or part, Court Square; East Main Street from Court Square to
South Mine La Motte Avenue; South Main Street from Court Square to
West College Avenue-East College Avenue intersection; West Main from
Court Square to Park Drive-Buford Boulevard intersection; North Main
Street from Court Square to LaChance Street.
2.
The Fair Event District: an area which shall include, in whole
or in part, North Main from LaChance Street to East Murta Street-West
Murta Street intersection, including Azalea Park and Wanda Priest
Park; West Murta Street from North Main to Buford Boulevard; Buford
Boulevard from West Murta to LaChance Street, including Jaycee Park
and Rotary Park.
3.
The Sports Complex District: an area which shall include, in
whole or in part, the Sports Complex on Commercial Drive, including
areas surrounding baseball fields, softball fields, soccer fields
and disc golf course.
C.
Permit Area Exclusions. The following exclusions apply to permit
areas:
1.
The Fair Event District: the selling, possessing, or consumption
of alcohol is prohibited in areas designated for carnival/fair rides.
2.
The Sports Complex District: the selling, possessing, or consumption
of alcohol is prohibited during school functions; youth games; on
the actual baseball fields, softball fields and soccer fields.
D.
Conditions of Temporary Outdoor Consumption Permit. Within the permit
area and during the times of the permit:
1.
The granting of the permit shall authorize the closing of only
the specific streets required within the permit area as approved by
the Board of Aldermen.
2.
The permit holder may exclude from the permit area any person
or persons who are disrupting the activities of the permit holder.
The term "disrupting" shall include, but is not limited to, loud noise,
obstructing the view of others, obstructing the flow of pedestrian
traffic, or interfering with the permit holder's staff or volunteers;
provided, however, this term shall not be construed to allow the permit
holder to prohibit distribution of petitions, pamphlets, or speech
which is not disruptive.
3.
No person shall possess alcohol within the permit area except
in a container issued by the permit holder or his or her designee(s)
(hereinafter "event cup"). The event cup shall be plastic, conspicuous,
and unique to the event.
4.
All persons purchasing any beverage in an event cup must be
twenty-one (21) years of age or over and have a wristband from the
permit holder or his or her designee(s) placed on the person's
wrist to indicate that said person is twenty-one (21) years of age
or over. The wristband must remain on the person's wrist at all
times when consuming alcohol on in the permit area, including sidewalks
and public streets.
5.
Any establishment within the event district agreeing to follow
the rules found here and which is properly licensed to sell liquor
by the drink may sell beer or liquor in an event cup which the purchaser
may consume within the permit area, including sidewalks and public
streets. All persons purchasing any beverage in an event cup must
be twenty-one (21) years of age or over and the establishment shall
place a wristband, as designated by the permit holder for the event,
on the person's wrist to indicate that said person is twenty-one
(21) years of age or over. Alternatively, wristbands may be placed
on such persons at a central specified location within the permitted
area. The wristband must remain on the person's wrist at all
times when consuming alcohol within the permit area, including sidewalks
and public streets. No establishment shall sell alcohol for outside
consumption to someone who is not wearing such a wristband.
6.
Persons with proper wristband and drinking from an event cup and who are within the permit area shall not be considered to be carrying an open container and not be subject to Section 600.150(G) of this Code.
7.
Persons violating this Section shall be guilty of an offense punishable under Section 100.220 of this Code and/or may be required by a Police Officer to leave the permit area and if so ordered shall not return during the permit period. Establishments not following this Section may lose the ability to participate in future events.
8.
All other provisions of the City ordinances not specifically
suspended or modified herein shall remain in full force and effect.
E.
Application Form. The application must:
1.
Be signed by an individual authorized to sign on behalf of a
charitable organization, a not-for-profit corporation, or other not-for-profit
entity located in or serving the residents of the City of Fredericktown.
2.
Be on a form provided by the City and specify the nature of
the event, the dates, times, and location of the event, and the public
safety plan for the event.
3.
Be submitted at least seven (7) business days prior to the Board
of Aldermen meeting at which the application is to be considered.
F.
Rules Applicable To Permit Area. During the period that the permit
is in effect:
1.
No glass containers of any kind shall be permitted within the
permit area during its periods of operation.
2.
No alcoholic beverages in open containers of any kind, other
than event cups, shall be permitted within the permit area during
the event.
3.
The permit holder shall clearly mark the boundaries of the permitted
area, in a manner acceptable to the Chief of Police or his or her
designee(s), clearly indicating where open containers are and are
not permitted.
4.
The permit holder shall be responsible for cleaning up trash
after the event and restoring sidewalks and public streets to pre-event
condition.
G.
Permit Fee. The fee for temporary outdoor consumption permit shall
be thirty-seven dollars fifty cents ($37.50) and shall be submitted
with the application. The fee shall be refunded if the permit is denied
by the Board of Aldermen or if the terms and conditions imposed on
the permit are rejected by the applicant and the application withdrawn
prior to the event.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
[Ord. No. 20-06, 2-24-2020]
A.
The
standards set forth in this Section shall be considered in determining
whether a license under this Chapter should be renewed, suspended
or revoked. In conducting business on the licensed premises, a licensee
and the licensee's agents and employees shall:
1.
Prevent or suppress any violent quarrel, disorder, brawl, fight or
other unlawful conduct of any person on the premises. As used in this
Section, "premises" includes the licensed premises and the parking
lots and areas around the business which are owned, used or maintained
as part of the business;
2.
Immediately report to the police any illegal or violent act committed
on the premises when the licensee or the licensee's employee knew
or should have known that the act occurred on the premises;
3.
Cooperate fully with law enforcement authorities during an investigation
of an illegal or violent act committed on the premises;
4.
Operate the business in such a manner that it does not constitute
a nuisance;
5.
Take appropriate and necessary steps to supervise the outdoor area
of the premises, including keeping the area free from litter and preventing
the parking area from becoming a gathering place for customers of
the business.
6.
Comply with all provisions of this Chapter and this Code.
7.
Comply with all State and Federal law, including all rules and regulations
pertaining to the sale and licensing of intoxicating liquor.
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.
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.
