[CC 1976 §3-1; Ord.
No. 92-49, 9-28-1992; Ord. No. 2003-29 §1, 4-29-2003]
As used in this Chapter, the following terms shall have the
meanings ascribed to them in this Section:
Any establishment whose business building contains a square
footage of at least six thousand (6,000) square feet, and where games
of skill commonly known as billiards, volleyball, indoor golf, bowling
or soccer are usually played, or has a dance floor of at least two
thousand five hundred (2,500) square feet, or any outdoor golf course
with a minimum of nine (9) holes, and which has annual gross receipts
of at least one hundred thousand dollars ($100,000.00) of which at
least fifty thousand dollars ($50,000.00) of such gross receipts is
in non-alcoholic sales.
Shall mean and include alcohol for beverage purposes, alcoholic,
spirituous, vinous, fermented, malt, or other liquors, or combination
of liquors, a part of which is spirituous, vinous, or fermented, and
all preparations or mixtures for beverage purposes, containing in
excess of one-half of one percent (.5%) by volume except for non-intoxicating
beer as defined in Section 312.010, RSMo. All beverages having an
alcoholic content of less than one-half of one percent (.5%) by volume
shall be exempt from the provisions of this Chapter, but subject to
inspection as provided by Sections 196.365 to 196.445, RSMo.
Intoxicating liquor manufactured from pure hops or pure extract
of hops or pure barley malt or wholesome grain or cereals and wholesome
yeast and pure water containing alcohol in excess of three and two-tenths
percent (3.2%) by weight and not in excess of five percent (5%) by
weight and commonly called and known as beer.
Any beer manufactured from pure hops or pure extract of hops
and pure barley or other wholesome grains or cereals, and wholesome
yeast and pure water and free from harmful substances, preservatives
and adulterants, and having an alcohol content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
A charitable, fraternal, religious, service or veterans'
organization which has obtained an exemption from the payment of Federal
income taxes as provided in Section 501(c) (3), 501(c) (4), 501(c)
(5), 501(c) (7), 501(c) (8), 501(c) (10), 501(c) (19), or 501(d) of
the United States Internal Revenue Code of 1954, as amended.
Shall mean and include any individual, association, joint
stock company, syndicate, co-partnership, corporation, receiver, trustee,
conservator, or other officer appointed by any State or Federal Court.
Shall include that building or portion of any building in
which a licensee hereunder has his/her place of business and any additional
building or portion of any building used in connection therewith,
and the entire lot or lots, parcel or parcels of land on which said
buildings are situated, or which are used in connection with said
buildings.
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
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.
Any licensed establishment which serves full liquor by the
drink on the premises for which not more than ten percent (10%) of
the gross sales receipts of the business are supplied by food purchases.
[CC 1976 §3-2; Ord.
No. 92-49, 9-28-1992]
Any person of the age of seventeen (17) years and under the
age of twenty-one (21) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for, or in any way receiving any intoxicating liquor, malt liquor,
or non-intoxicating beer, except in the cases authorized by law, shall
upon conviction be deemed guilty of a misdemeanor. Any person under
the age of seventeen (17) years who shall represent that he/she has
attained the age of twenty-one (21) years for the purpose of purchasing,
asking for, or in any way receiving any intoxicating liquor, malt
liquor, or non-intoxicating beer, except in cases authorized by law,
may be considered a delinquent child and may be dealt with in accordance
with the provisions of Chapter 211, RSMo.
[CC 1976 §3-3; Ord.
No. 92-49, 9-28-1992; Ord. No. 2008-38 §1, 10-27-2008]
A.
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 as defined in Section 600.010 or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor. For purpose of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, 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 not 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.
B.
For
purposes of determining violations of any provision of this Chapter
or of 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 not 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.
C.
The
provisions of this Section 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 no 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 Subdivision (3) of this Subsection only for
instructional purposes during classes that are part of the curriculum
of the accredited college or university.
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The beverage must at all times remain in the possession and
control of an 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.
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[CC 1976 §3-4; Ord.
No. 92-49, 9-28-1992]
B.
In any place of business licensed in accordance with Articles II — V of this Chapter, where at least fifty percent (50%) of the gross sales made consists of goods, merchandise, or commodities other than intoxicating liquor, malt liquor, or non-intoxicating beer in the original package, not to be consumed on the premises, persons at least eighteen (18) years of age may stock, arrange displays, accept payment for and sack for carry-out intoxicating liquor or non-intoxicating beer. Delivery of intoxicating liquor, malt liquor, or non-intoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.
C.
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, malt liquor, or non-intoxicating beer in places of business
which sell food for consumption on the premises if at least fifty
percent (50%) of all sales in those places consists of food; provided
that, nothing in this Section shall authorize persons under twenty-one
(21) years of age to mix or serve across the bar intoxicating beverages
or non-intoxicating beer.
The operator's or chauffeur's license issued under the provisions
of Section 302.177, RSMo., or the operator's or chauffeur's license
issued under laws of the different States of the United States, or
an identification card as provided for under Section 302.181, RSMo.,
or the identification card issued by any uniformed service of the
United States, or a valid passport shall be presented by the holder
thereof upon request of any agent of the Division of Liquor Control
or any licensee or the servant, agent or employee thereof for the
purpose of aiding the licensee or the servant, agent or employee to
determine whether or not the person is at least twenty-one (21) years
of age when such person desires to purchase or consume alcoholic beverages
procured from a licensee. Upon such presentation the licensee or the
servant, agent or employee thereof shall compare the photograph and
physical characteristics noted on the license, identification card
or passport with the physical characteristics of the person presenting
the license, identification card or passport.
Any licensee under this Chapter, or his employee, who shall
sell, vend, give away or otherwise supply any intoxicating liquor
or non-intoxicating beer in any quantity whatsoever to any person
under the age of twenty-one (21) years, or to any person intoxicated
or appearing to be in a state of intoxication, or to a habitual drunkard,
and any person whomsoever except his parent or guardian who shall
procure for, sell, give away or otherwise supply intoxicating liquor
or non-intoxicating beer to any person under the age of twenty-one
(21) years, or to any intoxicated person or any person appearing to
be in a state of intoxication, or to a habitual drunkard, shall be
deemed guilty of a misdemeanor, except that this Section shall not
apply to the supplying of intoxicating liquor or non-intoxicating
beer to a person under the age of twenty-one (21) years for medical
purposes only, or to the administering of such intoxicating liquor
or non-intoxicating beer to any person by a duly licensed physician.
No person shall be denied a license or renewal of a license issued
under this Chapter solely due to a conviction for unlawful sale or
supply to a minor when serving in the capacity as an employee of a
licensed establishment.
[Ord. No. 2004-16 §1, 3-9-2004]
No license shall be granted for the sale of intoxicating liquor,
as defined in this Chapter, within one hundred (100) feet of any school,
church or other building regularly used as a place of religious worship,
except that when a school, church or place of worship shall hereafter
be established within one hundred (100) feet of any place of business
licensed to sell intoxicating liquor, the license shall not be denied
for this reason.
No person having a license under this Code nor any employee
of such person shall sell, give away or otherwise dispose of or suffer
the same to be done upon or about his/her premises any intoxicating
liquor or non-intoxicating beer in any quantity between the hours
of 1:30 A.M. and 6:00 A.M. on weekdays, and between the hours of 1:30
A.M. Sunday and 6:00 A.M. Monday, except as otherwise provided in
this Chapter. If such person has a license to sell intoxicating liquor
by the drink, his/her premises shall be and remain a closed place
as defined in this Section between the hours of 1:30 A.M. and 6:00
A.M. on weekdays, and between the hours of 1:30 A.M. Sunday and 6:00
A.M. Monday. Where such licenses authorizing the sale of intoxicating
liquor by the drink are held by clubs or hotels, this Section shall
apply only to the room or rooms in which intoxicating liquor is dispensed;
and where such licenses are held by restaurants whose business is
conducted in one (1) room only and substantial quantities of food
and merchandise other than intoxicating liquors are dispensed, then
the licensee shall keep securely locked during the hours and on the
days specified in this Section all refrigerators, cabinets, cases,
boxes and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors
are locked and where no patrons are in the place or about the premises.
Any person violating any provision of this Section shall be deemed
guilty upon conviction of an ordinance violation. Nothing in this
Section shall be construed to prohibit the sale or delivery of any
intoxicating liquor during any of the hours or on any of the days
specified in this Section by a wholesaler licensed under the provisions
of Section 311.180, RSMo., to a person licensed to sell the intoxicating
liquor at retail.
[CC 1976 §3-9; Ord.
No. 92-49, 9-28-1992; Ord. No. 94-72 §1, 11-29-1994]
When January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the National Championship Game of the National Football League is played, commonly known as "Super Bowl Sunday," any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provision of Section 600.080 of this Chapter or any other provisions to the contrary.
[CC 1976 §3-10; Ord.
No. 92-49, 9-28-1992; Ord. No. 2004-23 §1, 4-13-2004]
No person, corporation, employee, officer, agent, subsidiary
or affiliate thereof shall have more than three (3) licenses; or be
directly or indirectly interested in any business of any other person,
corporation or employee, officer, agent, subsidiary or affiliate thereof
who sells intoxicating liquor at retail by the drink for consumption
on the premises described in any license; or sell intoxicating liquor
at retail by the drink for consumption at the place of sale at more
than three (3) places in this State.
[CC 1976 §3-11; Ord.
No. 92-49, 9-28-1992]
When a sale of intoxicating liquor by the drink is made, the
container in which the intoxicating liquor is served in every case
shall be emptied and consumed on the premises and the contents thereof
served as other intoxicating liquors sold by the drink are served.
[CC 1976 §3-12; Ord.
No. 92-49, 9-28-1992]
No person, agent, or any employee of any person in any capacity
shall sell intoxicating liquor, malt liquor, or non-intoxicating beer,
in any other place or premises than that designated in the license,
or at any time or otherwise than is authorized by this Chapter and
the regulations as herein provided.
[CC 1976 §3-13; Ord.
No. 92-49, 9-28-1992]
It shall be unlawful for the holder of any license authorized
by this Chapter, for the sale of any intoxicating liquor or non-intoxicating
beer at retail by the drink for consumption on the premises where
sold, to keep or secrete, or to allow any other person to keep or
secrete 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 license, or any kind of liquor used exclusively as an ingredient
in any foods being prepared and sold on the premises.
[CC 1976 §3-14; Ord.
No. 92-49, 9-28-1992]
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor under a license pursuant
to the Liquor Control Act of the State, or intoxicating liquor lawfully
acquired at the place of acquisition and legally transported into
this State, and lawfully inspected, gauged and labeled as provided
for in the Liquor Control Act of the State; such intoxicating liquor
to be used in connection with the business of a druggist, in compounding
medicines or as a solvent or preservant; provided, that nothing in
the Liquor Control Act of the State shall prevent a regularly licensed
druggist, after he/she procures a license therefor in compliance with
the Liquor Control Act of the State, from selling intoxicating liquor
in the original packages, but not to be drunk or the packages be opened
on the premises where sold; and provided further, that nothing in
this Chapter shall be construed as limiting the right of a physician
to prescribe intoxicating liquor in accordance with his/her professional
judgment for any patient at any time, or prevent a druggist from selling
intoxicating liquor to a person on prescription from a regularly licensed
physician as provided above.
[CC 1976 §3-15; Ord.
No. 92-49, 9-28-1992]
A.
It
shall be the duty of the Police of the City to see that the provisions
of this Chapter and of other ordinances of the City in regard to the
sale of intoxicating liquor, malt liquor, and non-intoxicating beer
are obeyed, and to report to the Marshal or Chief of Police any place
where intoxicating liquor is sold at retail which is not kept in an
orderly manner or in violation of any of the provisions of this Chapter,
or any person selling intoxicating liquor, malt liquor or non-intoxicating
beer in the City without a license.
B.
It
shall be the duty of the Marshal or Chief of Police to report all
such infractions immediately to the City Council.
[Ord. No. 2016-08 §1, 6-13-2016]
A.
It shall be unlawful for any retail licensee, licensed to sell intoxicating
liquor, wine, or beer, or his/her employee to permit in or upon his/her
licensed premises:
1.
The performance of acts, of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation or any sexual acts
that are prohibited by law;
2.
The displaying of any portion of the areola of the female breast
or failing to cover the entire areola and entire front of a female
breast with opaque fabric, metallic or plastic material;
3.
The actual touching, caressing or fondling of the breast, buttocks,
anus or genitals;
4.
The actual displaying of the pubic hair, anus, vulva or genitals
or failing to cover pubic hair, anus, vulva or genitals with opaque
fabric, metallic or plastic material;
5.
Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus or failing
at any time to have and keep opaque fabric, metallic or plastic material
over all parts of his/her genitals and anus; and
6.
The displaying of films, video or DVD programs or pictures depicting
acts, the live performances of which are prohibited by this regulation
or by any other law.
B.
In addition to the licensee and/or his/her employee being subject
to all penalties contained in this Code, violation of any act or any
provision contained herein shall be grounds for the license of the
licensee to be suspended or revoked.
