A.
No person shall sell or offer for sale intoxicating liquor in the
City of Chesterfield 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.
B.
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.
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 from 6:00 A.M. to 1:30 A.M. Monday.
[Ord. No. 3158, 9-20-2021]
2.
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.
4.
Malt Liquor By The Drink. Sales of malt liquor at retail by
the drink for consumption on the premises. This license may include
Sunday sales 6:00 A.M. to 1:30 A.M. Monday.
[Ord. No. 3158, 9-20-2021]
C.
Sunday Sales. Except for any establishment that may apply for a license
under Section 311.089, RSMo., any person possessing the qualifications
and meeting the requirements of this Chapter, 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 to 1:30 A.M. Monday.
[Ord. No. 3158, 9-20-2021]
D.
Permits.
1.
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.
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.
Tasting Permit — Winery, Distiller, Manufacturer, Etc.
a.
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.
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.
c.
Any Winery, Distiller, Etc., May Provide Or Furnish Distilled
Spirits, Wine Or Malt Beverage Samples On A Licensed Retail Premises
— When.
(1)
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)
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)
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.
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 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. 3158, 9-20-2021]
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.
General License Regulations.
1.
Each license issued hereunder shall be conspicuously posted
on the premises for which the license has been issued.
2.
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.
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.
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 City Council.
Any change of location of the enterprise prior to issuance of such
an amended license shall constitute a violation of this Section.
5.
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.
[CC 1990 § 4-36(b); Ord. No. 53 § 3(F), 6-1-1988; Ord. No. 1197 § 1, 7-15-1996; Ord. No. 1346 § 2, 11-17-1997; Ord.
No. 3166, 11-1-2021]
A.
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,
unless the applicant for the license shall first obtain the consent
in writing of the City Council, 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. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of property within one hundred (100)
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.
D.
The distance of one hundred (100) feet shall be measured from the
nearest point of the licensed premises to the nearest point of the
nearest school, church, or other building regularly used as a place
of religious worship.
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 600.040(A)(3)(c) above, or fraction thereof,
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.
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 of thirty-seven dollars
and fifty cents ($37.50) before a special permit shall be issued.
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.
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.
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.
Requirements
Regarding Containers.
1.
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.
Brand name of the product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale, lager, bock, stout, or other
brewed or fermented beverage;
d.
Net contents;
e.
Name and address of the business that filled or refilled the container;
f.
Date of fill or refill;
g.
The following statement: "This product may be unfiltered and unpasteurized.
Keep refrigerated at all times."
D.
Additional
Regulations.
1.
The filling and refilling of containers shall only occur on demand
by a customer and containers shall not be prefilled by the retailer
or its employee.
2.
Containers shall only be filled or refilled by an employee of the
retailer.
3.
Containers shall be filled or refilled as follows:
a.
Containers shall be filled or refilled with a tube as described in Subsection (D)(4) below and:
(1)
Food-grade sanitizer shall be used in accordance with the Environmental
Protection Agency registered label use instructions;
(2)
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)
Each container shall contain no fewer than five (5) tubes that
will be used only for filling and refilling containers;
(4)
The container shall be inspected visually for contamination;
(5)
After each filling or refilling of a container, the tube shall
be immersed in the container with the liquid food-grade sanitizer;
and
(6)
A different tube from the container shall be used for each filling
or refilling of a container; or
b.
Containers shall be filled or refilled with a contamination-free
process and:
4.
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.
When not in use, tubes to fill or refill shall be immersed and stored
in a container with liquid food-grade sanitizer.
[CC 1990 § 4-47; Ord. No. 450 § 1, 5-21-1990]
Notwithstanding any other provisions of this Chapter or any
provisions of State law to the contrary, any non-profit (501)(c)(3)
organization who possesses the qualifications required by this Chapter
and who now or hereafter meets the requirements of and complies with
the Sections of this Article may apply for and the City Council may
issue a license to sell intoxicating liquor, as defined by this Chapter.
Eligible non-profit (501)(c)(3) organizations shall be exempt from
paying the annual scheduled fee for said liquor license.
