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.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
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.
A location specified in a license issued under 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%) and using the ingredients set out in Section 311.490,
RSMo.
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.
An establishment which is not open to the public, but limits
the use of its premises and facilities to members of the club and
their guests.
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.
A lid, cap, or seal that visibly demonstrates when a bag
or container has been opened.
[Ord. No. 22-08, 3-15-2022]
A permit issued pursuant to Subsection 600.020(D).
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.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
No person shall sell or offer for sale intoxicating liquor in the
City of Lake Lotawana without a currently valid liquor license issued
by the City. A separate liquor license shall be required for each
of the categories and subcategories of liquor sales in which the licensee
desires to engage as set forth herein. Any liquor license issued hereunder
shall be valid only for the location specified in the liquor license.
B.Â
General Licenses. Any person possessing the qualifications and meeting
the requirements of this Chapter may apply for the following licenses
to sell intoxicating liquor:
1.Â
Package liquor — Malt Liquor Only. Sales of malt liquor at retail by grocers and other merchants and dealers for sale in the original package direct to consumers but not for resale and not for consumption on the premises where sold. This license may include Sunday sales as set out in Subsection (C) herein.
[Ord. No. 22-08, 3-15-2022]
2.Â
Package Liquor — All Kinds. Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
C.Â
Sunday Sales. Any person possessing the qualifications and meeting
the requirements of this Chapter and all applicable State laws, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 6:00 A.M. on Sunday and 1:30 A.M. on Monday.
[Ord. No. 22-08, 3-15-2022]
D.Â
Permits.
1.Â
Temporary Permit For Sale By Drink. Any person who possesses the qualifications, meets the requirements and complies with the provisions of Section 600.030(B) below may apply for a special permit to sell intoxicating liquor for consumption on premises where sold.
2.Â
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.
3.Â
Tasting Permit — Winery, Distiller, Manufacturer, Etc.
a.Â
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.
b.Â
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 Section 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.
c.Â
Any Winery, Distiller, Etc., May Provide Or Furnish Distilled
Spirits, Wine Or Malt Beverage Samples On A Licensed Retail Premises
— When.
(1)Â
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.
(2)Â
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.
(3)Â
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. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
(Reserved)
B.Â
Temporary Permit For Sale By Drink — Certain Organizations.
1.Â
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.Â
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.Â
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.Â
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.Â
Operating Hours, Days.
1.Â
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 (1) 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.Â
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.Â
Number Of Licenses Limited.
[Ord. No. 21-14, 9-21-2021]
1.Â
Licenses for the sale of intoxicating liquor in the original
package not to be opened or consumed on the licensed premises where
sold shall be granted at the discretion of the City in compliance
with all other requirements of the Code of the City of Lake Lotawana
and the State of Missouri; provided, further, that no such licensees
operating a general retail food or merchandise store shall sell, give
away or otherwise dispose of intoxicating liquor at any time when
the portion of the store devoted to the sale of food or merchandise
other than intoxicating liquors is closed. Any person licensed under
this Section may apply for a special permit to conduct tastings of
intoxicating liquor on the license premises; however, nothing in this
Subsection shall be construed to permit the licensee to sell intoxicating
liquor for consumption on the licensed premises.
2.Â
Licenses for the sale of intoxicating liquor for consumption
on the premises shall be granted at the discretion of the City in
compliance with all other requirements of the Code of the City of
Lake Lotawana.
[Ord. No. 22-08, 3-15-2022]
a.Â
Alcohol Sold For Off-Premises Consumption — When — Regulations.
Notwithstanding any provision of law to the contrary, any person who
is licensed to sell intoxicating liquor at retail by the drink for
on-premises consumption may sell retailer-packaged alcoholic beverages
to customers in containers, filled on such premises by any employee
of the retailer who is twenty-one (21) years of age or older, for
off-premises consumption if all the following requirements are met:
(1)Â
The container of the alcoholic beverage is rigid, durable, leakproof,
sealable, and designed to prevent consumption without removal of the
tamper-proof cap or seal. A sealable container does not include a
container with a lid with sipping holes or openings for straws;
(2)Â
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
(3)Â
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this Subdivision,
a "meal" is defined as food that has been prepared on-premises;
(4)Â
The number of alcoholic beverages sold under this Subsection
by a licensee for off-premises consumption is limited to twice the
number of meal servings sold by the licensee for off-premises consumption;
(5)Â
The licensee provides the patron with a dated receipt or an
electronic record for the meal and alcohol beverages; and
b.Â
Containers that are filled under Subsection (D)(2)(a) of this Section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL."
c.Â
The filling of a container under this Section shall be in compliance
with Section 3-304.17(C) of the 2009 Food and Drug Administration
Food Code.
d.Â
No provision of law, or rule or regulation of the Division of Alcohol and Tobacco Control, shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under Subsection (D)(2)(a) of this Section to any person who is licensed to sell intoxicating liquor at retail.
E.Â
General License Regulations.
1.Â
Each license issued hereunder shall be conspicuously posted
on the premises for which the license has been issued.
2.Â
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.
3.Â
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.
4.Â
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. Any
change of location of the enterprise prior to issuance of such an
amended license shall constitute a violation of this Section.
5.Â
Every licensee shall keep displayed prominently at all times
on its licensed premises any City license designating the premises
as a place licensed by the City to sell intoxicating liquors. Nonetheless,
no application shall be disapproved by the Supervisor of Alcohol and
Tobacco Control for failure to possess a City license when making
application for a license. Within ten (10) days from the issuance
of said City license, the licensee shall file with the Supervisor
of Alcohol and Tobacco Control a copy of such City license.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
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.Â
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.Â
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.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
The following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
[Ord. No. 17-02, 3-7-2017]
1.Â
General Licenses.
b.Â
Intoxicating liquor (all kinds) — original package: as
set forth in the Comprehensive Schedule of Fees and Charges.
c.Â
Malt liquor — by drink: as set forth in the Comprehensive
Schedule of Fees and Charges.
d.Â
Malt liquor and light wines — by drink: as set forth in
the Comprehensive Schedule of Fees and Charges.
e.Â
Intoxicating liquor (all kinds) — by drink: as set forth
in the Comprehensive Schedule of Fees and Charges.
B.Â
License Term — Renewal.
1.Â
A license required by this Chapter shall be issued for a period
of one (1) year from the first day in January of each year, and persons
desiring to secure a license after the first day in January shall
pay for such portion of the license year remaining at the time such
a license is issued. Thereafter, all renewals of licenses shall be
made on the first day of January of each year.
2.Â
Any license issued hereunder remains dormant and unused for
any six-month period, such license shall terminate automatically upon
the expiration of such period. Upon such termination of license, or
upon licensee's voluntary termination of business under said license,
no license fee paid shall be refunded to the licensee.
A.Â
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 600.040(A)(3)(c) above, or fraction thereof, for which the permit is issued.
B.Â
Except as provided in Subsection (C), all provisions of the Liquor Control Law[1] 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.
[1]
Editor's Note: See § 311.010 et seq., RSMo.
C.Â
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.Â
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.
A special permit shall be issued to an out-of-state manufacturer
of intoxicating liquor who is not licensed in the State of Missouri
for participation in festivals, bazaars, or similar events. Registration
requirements under Section 311.275, RSMo., shall be waived for such
event. The amount of intoxicating liquor shipped in the State under
this permit shall not exceed two hundred (200) gallons. Excise taxes
shall be paid by the licensed manufacturer that holds a retail license
organizing the event in the same manner as if it were produced or
purchased by the manufacturer. A permit issued under this Section
by the City shall be valid for no more than seventy-two (72) hours.
An applicant shall complete a form provided by the City and the Supervisor
of Alcohol and Tobacco Control and pay a fee as set forth in the Comprehensive
Schedule of Fees and Charges[1] before a special permit shall be issued.
A.Â
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.Â
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.Â
Any
person who is licensed to sell intoxicating liquor in the original
package at retail as provided in Subsection 1 of Section 311.200,
RSMo., may sell from thirty-two (32) to one hundred twenty-eight (128)
fluid ounces of draft beer to customers in containers filled by any
employee of the retailer on the premises for consumption off such
premises. Any employee of the licensee shall be at least twenty-one
(21) years of age to fill containers with draft beer.
B.Â
No provision of law, rule, or regulation shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under Subsection (A) of this Section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in Subsection 1 of Section 311.200, RSMo.
C.Â
Requirements
Regarding Containers.
1.Â
Containers that are filled or refilled under Subsection (A) of this Section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch:
a.Â
Brand name of the product dispensed;
b.Â
Name of brewer or bottler;
c.Â
Class of product, such as beer, ale, lager, bock, stout, or other
brewed or fermented beverage;
d.Â
Net contents;
e.Â
Name and address of the business that filled or refilled the container;
f.Â
Date of fill or refill;
g.Â
The following statement: "This product may be unfiltered and unpasteurized.
Keep refrigerated at all times."
D.Â
Additional
Regulations.
1.Â
The filling and refilling of containers shall only occur on demand
by a customer and containers shall not be pre-filled by the retailer
or its employee.
2.Â
Containers shall only be filled or refilled by an employee of the
retailer.
3.Â
Containers shall be filled or refilled as follows:
a.Â
Containers shall be filled or refilled with a tube as described in Subsection (D)(4) below and:
(1)Â
Food-grade sanitizer shall be used in accordance with the Environmental
Protection Agency registered label use instructions;
(2)Â
A container of liquid food-grade sanitizer shall be maintained
for no more than ten (10) malt beverage taps that will be used for
filling and refilling containers;
(3)Â
Each container shall contain no fewer than five (5) tubes that
will be used only for filling and refilling containers;
(4)Â
The container shall be inspected visually for contamination;
(5)Â
After each filling or refilling of a container, the tube shall
be immersed in the container with the liquid food-grade sanitizer;
and
(6)Â
A different tube from the container shall be used for each filling
or refilling of a container; or
b.Â
Containers shall be filled or refilled with a contamination-free
process and:
4.Â
Containers shall be filled or refilled from the bottom of the container
to the top with a tube that is attached to the malt beverage faucet
and extends to the bottom of the container or with a commercial filling
machine.
5.Â
When not in use, tubes to fill or refill shall be immersed and stored
in a container with liquid food-grade sanitizer.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
All applications for licenses under the provisions of this Chapter
shall be made in writing on proper forms to the Board of Aldermen
and shall state specifically whether the license is for a distiller,
brewer, wholesaler or distributor, and in the case of a retailer's
license, shall state the alcoholic content of the intoxicating liquor
to be sold under such license, and whether such license is issued
authorizing the sale of intoxicating liquor for consumption on the
premise, or authorizing the sale only in the original package not
for consumption on the premises, or whether such license is issued
for both the sale in the original package and for consumption on the
premises where sold.
B.Â
All such applications shall state the name and address of the applicant
and if the applicant is a firm, partnership or association, all of
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, except that under an application for the sale of
malt liquor in the original package, the name and address of the managing
officer shall be sufficient, and shall describe the premises which
the license applies for shall cover and, when required by this Chapter,
shall be accompanied by an inventory and valuation at cost price of
the stock of goods other than intoxicating liquor at the proposed
place of business.
C.Â
Application shall be submitted to the City Clerk in proper form and
completed as required under this Section. The City Clerk shall refer
same to the Chief of Police for investigation and recommendation,
and the Chief of Police shall make a report thereon within fourteen
(14) days, and said report shall be submitted at the next scheduled
meeting of the Board of Aldermen, at which time the application shall
be acted upon. New applicants are required to submit a background
check from the Missouri State Highway Patrol accompanying their completed
application and affidavit forms.
D.Â
Bond Requirements. Each application for a license shall be accompanied
by a bond to be given to the City in the amount of ten thousand dollars
($10,000.00) with sufficient sureties, conditioned that the person
obtaining such license shall at all times abide by the provisions
of the Liquor Control Act of the State of Missouri,[1] this Chapter and all other ordinances of the City. Only
one (1) bond shall be required under this Section with respect to
any one (1) licensed establishment and such bond shall, while in force,
cover all licenses held by any one (1) applicant and all classes of
sales carried on at such establishment hereunder. Such bond may be
sued on in the name of the City for the use and benefits of any person
damaged by the breach of any of the conditions thereof.
[1]
Editor's Note: See 311.010 et seq., RSMo.
E.Â
No license shall be issued unless the applicant shall have at the
time of the application legal right to possession of the premises
described in his/her application, or an option to purchase or lease
said premises which option may be exercised within six (6) months
of the date of application. If the application is for a structure
in existence, applicant shall attach to the application a photograph
of the building, the same being a fair representation thereof. If
the application is for a structure not completed, applicant shall
attach to the application a copy of the plans and specification of
the building. Said building shall have sufficient windows to permit
all public parts of the interior to be seen from the exterior of the
building.
F.Â
If, during the period for which a license is granted, there be any
change in facts or information differing from that set forth in the
original or any renewal application on file with the Board of Aldermen
or City Clerk, written notice thereof must be given to the City Clerk
within ten (10) days after such change.
G.Â
No license shall be granted to an applicant unless he/she makes full,
true and complete answers to all questions in the application. If
any applicant shall make any false statement of material matter in
his/her application, it shall be deemed cause for suspension or revocation
of any license issued pursuant to such application. All information
called for in the form or forms to be provided by the City Clerk shall
be fully given and signed under oath by the applicant.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
No person shall be granted a license under this Chapter unless such
person is of good moral character and a qualified legal voter and
taxpaying citizen of the State of Missouri nor shall any corporation
be granted a license hereunder unless the managing officer of such
corporation has the above mentioned qualifications. No person shall
be granted a license hereunder whose license as a dealer has been
revoked, or who has been convicted since ratification of the 21st
Amendment 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/her business as such
dealer any person not of good moral character, a person convicted
of violating any law applicable to the manufacture and sale of intoxicating
liquor or whose license has been revoked.
B.Â
Every applicant must submit a copy of his/her tax receipt, for the
year immediately preceding the date of application, of the County,
Town, City or Village where he/she resides in the State of Missouri,
or, if the applicant is a corporation, a copy of the tax receipt,
for the year immediately preceding the date of the application, of
the officer managing the premises of such corporation from the County,
Town, City or Village in the State of Missouri where such managing
officer resides or, in lieu thereof, an affidavit of the County or
City Assessor wherein such applicant resides, or, if applicant is
a corporation, wherein the said officer of such corporation resides;
the affidavit shall state that the applicant or said officer of such
corporation, if a corporation, owns property for which he/she is legally
subject or liable to taxation in the County, Town, City, or Village
where applicant resides in the State of Missouri, and that the taxes
applicable thereto have been paid for the preceding year.
C.Â
Every applicant must submit a certificate of registration from the
Election Board from the County where he/she resides stating that the
applicant or said officer of applicant, if a corporation, is a qualified
legal voter in the State of Missouri.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
Affidavit Required, Fees. Upon the submission of an affidavit signed
by the original applicant to whom a license has been issued as provided
hereunder and a copy of applicant's current State of Missouri license,
a City license may be renewed. Such affidavit shall be submitted to
the City Clerk not earlier than sixty (60) days and no later than
thirty (30) days prior to the expiration date of the license to be
renewed upon forms provided by the City Clerk and shall state the
charges, if any, in the facts or information contained in the original
application, together with such other data required by the form and
relevant to the operation of the licensee, and shall be accompanied
by a certified or cashier's check or other funds acceptable to the
City Clerk for the renewal fee in the amount provided for the original
license as set forth herein.
B.Â
Renewal of licensees are required, in addition to other documents
cited, to submit a current Missouri State Highway Patrol background
check at five (5) year intervals from issuance of the license to the
original application.
C.Â
Changes In Facts From Original Application. In the event there are
no changes in the facts or information upon which the license was
originally issued or on last renewal of the same, the license shall
be reissued by the City Clerk upon compliance with the above requirements.
If there are such changes, the renewal affidavit will be referred
to the Board of Aldermen for consideration thereof. In the event the
Board finds that such changes would not have prevented the original
issue or last renewal of the license, the license shall be renewed.
Otherwise renewal will be denied.
D.Â
Failure To Submit Affidavit On Time. Renewal affidavits not received
by the City Clerk in a timely manner shall be void and of no effect
and the license shall lapse without privilege of renewal at the end
of the term thereof. The Board of Aldermen may, at its discretion,
act to relieve a former license holder of such lapse if it finds that
such lapse was due to excusable neglect. The decision of said Board
shall be final.
E.Â
Lost Or Destroyed Licenses. If a license is lost or destroyed, the
same will be replaced upon application therefor and payment of a replacement
fee as set forth in the Comprehensive Schedule of Fees and Charges[1] to the City Clerk by said licensee. Application for a
duplicate license must be by affidavit executed by the licensee which
must set forth:
A.Â
Persons Eighteen (18) Years Of Age Or Older May Sell Or Handle Intoxicating
Liquor, When.
1.Â
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.Â
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.Â
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.Â
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.Â
Sales To Minor — Exceptions.
1.Â
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.Â
It shall be a defense to prosecution under this Subsection if:
a.Â
The defendant is a licensed retailer, club, drinking establishment,
or caterer or holds a temporary permit, or an employee thereof;
b.Â
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.Â
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.Â
Misrepresentation Of Age By Minor To Obtain Liquor — Use Of
Altered Driver's License, Passport Or I.D. Cards, Penalties.
1.Â
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.Â
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.Â
Minors In Possession Of Intoxicating Liquor.
1.Â
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 (0.02%) or more by weight of alcohol in such person's blood.
2.Â
Any person under the age of twenty-one (21) years who purchases
or attempts to purchase, or has in his/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. "Full information" is limited
to the following:
a.Â
The type of test administered and the procedures followed;
b.Â
The time of the collection of the blood or breath sample or
urine analyzed;
c.Â
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.Â
The type and status of any permit which was held by the person
who performed the test;
e.Â
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.
"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.Â
The provisions of this Subsection shall not apply to a student
who:
a.Â
Is eighteen (18) years of age or older;
b.Â
Is enrolled in an accredited college or university and is a
student in a culinary course;
c.Â
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.Â
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.
[Ord. No. 13-08 § 1, 8-20-2013]
A.Â
CONTROL
DRUG
INTOXICATING LIQUOR
MINOR
OPEN HOUSE PARTY
RESIDENCE or PREMISES
Definitions. Unless the provisions explicitly state otherwise, as
used in this Section, the following terms and phrases shall have the
meanings hereinafter designated:
Any form of authority, regulation, responsibility or dominion,
including a possessory right.
A controlled substance as defined and described now or hereafter
by the revised statutes of Missouri. currently, controlled substances
are defined and described by Sections 195.005 through 195.425, RSMo.
(Chapter 195).
As defined in City Code Section 600.010.
A person under twenty-one (21) years of age.
A social gathering at a residence or premises of persons
in addition to the owner or those with rights of possession or their
immediate family members.
A motel room, hotel room, home, apartment, condominium, or
other dwelling unit, including the curtilage of a dwelling unit, or
a hall, meeting room, or other place of assembly, whether occupied
as a dwelling or specifically for social functions, and whether owned,
leased, rented, or used with or without compensation.
B.Â
Prohibited Activities. No person who is the owner in possession,
a tenant or sub-tenant, or has temporary control of any residence
or premises, shall allow an open house party to take place at the
residence or premises if any intoxicating liquor or drug is possessed
or consumed at the residence or premises by any minor where the person
knew or reasonably should have known that any intoxicating liquor
or drug was in the possession or being consumed by a minor at the
residence or premises.
C.Â
Exclusions. The provisions of this Section shall not apply to:
1.Â
The consumption, use or possession of a drug by a minor pursuant
to a lawful prescription for each drug.
2.Â
Religious observance or prescribed medical treatments.
3.Â
The possession by a minor of intoxicating liquor or lawfully
prescribed drugs incidental to the lawful employment of such minor.
4.Â
The consumption or possession of intoxicating liquor by a minor
if allowed to do so by his/her parent or legal guardian in attendance
at an open house party.
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.Â
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.Â
Packaging, Labeling. Any retailer licensed pursuant to this Chapter
shall not:
1.Â
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.Â
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.Â
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.Â
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,[1] 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.
[1]
Editor's Note: See § 311.010 et seq., RSMo.
E.Â
Only Those Liquors Authorized By License To Be Kept On Premises.
1.Â
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.
2.Â
Any retailer licensed pursuant to this Chapter shall not:
a.Â
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
b.Â
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.
F.Â
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.Â
Drinking In Public Places Prohibited.
1.Â
For purposes of this Section, the term "public place" shall
mean any public street, highway, alley, public park, sidewalk, thoroughfare
or other public way of the City, or any parking lot.
2.Â
No person shall drink or ingest any intoxicating liquor in or
on any public place.
3.Â
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.Â
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.
A.Â
A person
commits the offense of manufacturing a false identification if he
or she possesses any means of identification for the purpose of manufacturing
and providing or selling a false identification card to a person under
the age of twenty-one (21) for the purpose of purchasing or obtaining
alcohol.
B.Â
The
offense of manufacturing a false identification is an ordinance violation.
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 (11) inches by fourteen (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.
A.Â
Notwithstanding
any provision of law to the contrary, entertainment facilities, including,
but not limited to, arenas and stadiums used primarily for concerts,
shows, and sporting events of any kind and entities selling concessions
at such facilities that possess all necessary and valid licenses and
permits to allow for the sale of alcoholic beverages shall not be
prohibited from selling and delivering alcoholic beverages purchased
through the use of mobile applications to individuals attending events
on the premises of such facilities if the facilities are in compliance
with all applicable State laws and regulations regarding the sale
of alcoholic beverages.
B.Â
For
purposes of this Section, the term "mobile application" shall mean
a computer program or software designed to be used on hand-held mobile
devices such as cellular phones and tablet computers.
C.Â
Any
employee of a facility or entity selling concessions at a facility
who delivers an alcoholic beverage purchased through a mobile application
to an individual shall require the individual to show a valid, government-issued
identification document that includes the photograph and birth date
of the individual, such as a driver's license, and shall verify that
the individual is twenty-one (21) years of age or older before the
individual is allowed possession of the alcoholic beverage.
A.Â
Suspension Or Revocation Of License — When — Manner. The Board 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 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 600.100 of this Chapter.
B.Â
Grounds For Suspension Or Revocation. A license may be suspended
or revoked for any of the following reasons:
1.Â
Violating any of the provisions of either this Chapter, Chapter
311, RSMo., or any ordinance of the City; or
2.Â
Failing to obtain or keep a license from the State Supervisor
of Alcohol and Tobacco Control; or
3.Â
(Reserved)
4.Â
Failing to keep an orderly place or house; or
5.Â
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.Â
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.Â
Selling, giving, or otherwise supplying intoxicating liquor
to:
a.Â
Any person under the age of twenty-one (21) years, or
b.Â
Any person during unauthorized hours on the licensed premises,
or
c.Â
A habitual drunkard or to any person who is under or apparently
under the influence of intoxicating liquor, or
d.Â
Any person on the licensed premises during a term of suspension
as ordered by the Board.
C.Â
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 Chapter 311, RSMo.,
or of any felony violation of Chapter 195 or 579, 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.Â
Effect Of Suspension. No person whose license shall have been suspended
by order of the Board 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's order of suspension
in a conspicuous place on the premises so that all persons visiting
the premises may readily see the same.
A.Â
Testimony — Evidence. Hearings before the Board shall be in
the nature of informal investigations. Testimony of witnesses and
other evidence pertinent to the inquiry may be taken in such hearings,
and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of
the proposed establishment shall have the right to produce witnesses
and testimony.
B.Â
Witnesses — How Summoned. Subpoenas may be issued by the Board
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 also may issue subpoenas
duces tecum requiring the production of documents or other items pertaining
to the subject of the inquiry.
C.Â
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.Â
Decision — Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.090 of this Chapter, the Board 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.Â
Appeal. Any applicant or licensee aggrieved by a decision of the
Board 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's decision. The Board may delay the
implementation of its order pending appeal.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
The operation or possession of any gambling device in or about
the premises where intoxicating liquor is sold, either in the original
package or for consumption on the premises where sold, shall be grounds
for suspension or revocation of the license required by this Chapter
and no licensee shall permit any gambling device to be set up or used
in or about such premises.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
In the event there is a retailer of intoxicating liquor, not
in excess of five percent (5%) alcohol by weight, by the drink or
in the original package for consumption on or off the premises, present
in any area annexed by the City, at a date after said establishment,
if properly licensed immediately prior to said annexation, and notwithstanding
the population limitation set forth above will be issued a license,
upon proper application and compliance herewith and provided for hereunder,
and said license will be good and valid as long as licensee, at the
time of said annexation, ceases to operate the establishment in substantially
the same manner as of the date of annexation, whichever might first
occur, and such license may be reviewed in the manner provided hereby.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
The licensee shall keep and maintain the premises, both interior
and exterior, in a clean and orderly condition, shall not permit disorderly
conduct or other violations of law thereon, and shall during the hours
in which the same are open for business keep the premises lighted
sufficiently so that both the interior and exterior may be inspected
easily. Windows of the premises shall not be obstructed so as to prevent
reasonable viewing of the interior from the exterior thereof.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
Licensees are, at all times, responsible for the conduct of
their business and, at all times, directly responsible for any act
or omission, or conduct of any employee on the premises which is in
violation of law.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
No person holding a license under this Chapter shall knowingly
allow any person, while in or upon the premises covered by such license,
to possess or consume any intoxicating liquor, except intoxicating
liquor lawfully sold by the licensed premises.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
It shall be unlawful for the holder of any license authorized
by the Chapter for the sale of any intoxicating liquor at retail,
whether in the original package or for consumption on the premises
where sold, to supply, sell or permit to be sold any intoxicating
liquor through any drive-up or walk-up window or facility where the
customer or person receiving the intoxicating liquor is not required
to enter the premises of the license.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
Required. All persons employed in the sale of retail sale, dispensation,
service or delivery of intoxicating liquor must obtain a permit to
do so from the City Clerk, except that no permit shall be required
of a person employed solely as a cashier in a restaurant-bar.
B.Â
Obtaining Permit. Each applicant must make written application with
the City Clerk on a form provided by the City.
C.Â
Form, Content Of Permit. All permits shall bear the name, address,
physical description, and background information requested.
D.Â
Invalidation, Suspension, Revocation. In the event a permitted employee
becomes a person not of good moral character, or is convicted in court
of any felony, his/her permit shall become invalid. If any permitted
employee shall be found guilty of violating or contributing to the
violation of any of the provisions of this Chapter, his/her permit
shall be subject to suspension or revocation by the Chief of Police;
provided, however, such permitted employee shall be given a hearing
before the Board of Aldermen in the same manner as licensees under
this Chapter if the permitted employee, in writing, appeals the decision
of the Chief of Police to the Board of Aldermen by submitting said
request for hearing to the City Administrator. Any violation of a
suspension order shall be grounds for further suspension or revocation.
E.Â
Exceptions To Subsection (D). Whereas a conviction for a felony in any court shall be grounds for either refusing a permit or for suspending or revoking same, the City Clerk may nevertheless issue or renew such permit if such person has, subsequent to such conviction, been lawfully restored his/her civil rights.
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008; Ord. No. 913, 5-18-2010]
A.Â
No Permit. It shall be unlawful for any retail licensee to have in
his/her employ to sell or assist in the retail sale, dispensation,
service or delivery of intoxicating liquor any person who does not
have an employee's permit issued by the City Clerk.
B.Â
False Representation. It shall be unlawful for any person to use
or possess any false or falsified employee's permit issued, or purporting
on its face to have been issued, by the City Clerk for the purpose
of using such permit to obtain employment in, or to purchase intoxicating
liquor from any premises granted a license, his/her agent, servant
or employee, or to the City Clerk or any member of the Police Department,
such person's age to be twenty-one (21) years or older.
C.Â
Falsifying Permit. It shall be unlawful for any person to manufacture,
forge, reproduce in any way or to otherwise falsify an employee's
permit issued or purporting on its face to have been issued by the
City Clerk, or to give, lend, sell or otherwise provide to any person
a false, falsified, manufactured, forged or reproduced employee's
permit issued by the City Clerk.
D.Â
Use Of Another Permit. It shall be unlawful for any lawful holder
of any employee's permit issued by the City Clerk to give, lend, sell
or otherwise provide such permit to any other person, or for any person
not the lawful holder of such permit to use the same for any purpose
declared to be unlawful by the provision of this Chapter, or to give,
lend, sell or otherwise provide such permit to any other person.
E.Â
Penalty. Any person found guilty of violating the provisions of this
Chapter shall be fined in a sum as set forth in the Comprehensive
Schedule of Fees and Charges,[1] or by a sentence of not more than ninety (90) days imprisonment,
or by both such fine and imprisonment.
[Ord. No. 17-02, 3-7-2017]
[Ord. No. 846 §§ 1
— 2, 10-17-2007; Ord. No. 872 §§ 1 — 2, 6-17-2008]
A.Â
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.Â
The performance of acts, or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law;
2.Â
The displaying of any portion of the areola of the female breast;
3.Â
The actual or simulated touching, caressing or fondling of the
breast, buttocks, anus or genitals;
4.Â
The actual or simulated display of the pubic hair, anus, vulva
or genitals;
5.Â
Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus; and
6.Â
The displaying of films, video programs or pictures depicting
acts, the live performances of which are prohibited by this regulation
or by any other law.
