The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person not an employee who enters or remains upon a licensed
premises to purchase or otherwise partake of any merchandise, goods,
entertainment or other services offered upon the premises.
Any person performing a dance for any customers upon the
premises of an establishment.
Includes every person working for or performing services
on behalf of the licensee during actual or scheduled work hours.
All interest, legal or beneficial, direct or indirect, in
the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise, after the payment of reasonable
and necessary operating business expenses and taxes, including interest
in dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for, or in consideration of interest
in, or for the use of, the capital devoted to the enterprise, or for
property or money advanced, loaned or otherwise made available to
the enterprise, except by way of ordinary commercial credit or bona
fide bank credit not in excess of credit customarily granted by banking
institutions, whether paid as dividends, interest or profits, or in
the guise of royalties, commissions, salaries, or any other form whatsoever.
Includes intoxicating beer, 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 1/2 of 1% by volume except for nonintoxicating
beer as defined below. All beverages having an alcoholic content of
less than 1/2 of 1% by volume shall be exempt from the provisions
of this chapter.
The holder of any licenses issued under the provisions of
this chapter.
The person who is in actual management and control of the
premises licensed under this section and/or who may be designated
by the corporation as the managing officer and who would be eligible
as an individual to receive a license for the sale of alcoholic beverages.
Shall be construed to refer to any beer manufactured from
pure hops, or pure extract of hops, and pure barley malt or other
wholesome grains or cereals, and wholesome yeast, and pure water,
and free from all harmful substances, preservatives and adulterants,
and having an alcoholic content of more than 1/2 of 1% by volume and
not exceeding 3 2/10% by weight.
Includes any individual, association, joint stock company,
syndicate, copartnership, corporation, receiver, trustee, conservator,
or other officer appointed by any state or federal court.
The bounds of the enclosure where alcoholic beverages are
permitted to be sold, stored or consumed under the authority of this
section.
Includes any person who shall maintain or be in charge of
any place of business or depot in the City at which place intoxicating
liquor or nonintoxicating beer shall be kept or stored for sale to
any other licensed dealer.
Any live exhibition, performance or dance by a person or
persons in a state of dress in which opaque clothing covers no more
than the area of the human female breast at or below the areola and
his or her genitals, pubic area, anus, and anal cleft or cleavage.
[Ord. No. 652, § 1, 8-19-1997]
It shall be unlawful for any person, firm, partnership or corporation
to manufacture, sell or expose for sale in this City intoxicating
liquor or nonintoxicating beer in any quantity without taking out
a license to be granted by action of the City Clerk. It shall not
be a defense to a prosecution under this chapter that the defendant
is a private club, fraternal organization, or an employee of a private
club or fraternal organizations where such intoxicating liquor or
nonintoxicating beer is offered for sale only to members of such private
club or fraternal organization.
[Ord. No. 652, § 1, 8-19-1997; Ord. No. 722, § 1, 1-2-2001]
(a)
Before any license shall be issued pursuant to the provisions of
this chapter, the applicant therefor shall apply, in writing, to the
City Clerk, giving the location of the place of business including
the specific areas inside or outside of the building to which the
license is to apply, and the names of all parties interested in the
business to be operated under such license. All interested parties
must provide proof that all personal property and real estate taxes
on the business, as well as those for his or her personal use, have
been paid and are currently not delinquent.
(b)
No person shall be granted a license hereunder unless such person
is of good moral character and a qualified legal voter and a taxpaying
citizen of the City; nor shall any corporation be granted a license
hereunder unless the managing officer of such corporation is of good
moral character; and no person shall be granted a license hereunder
whose license as such dealer has been revoked, or who has been convicted
of a violation of the provisions of any law applicable to the manufacture
or sale of intoxicating liquor, or nonintoxicating beer, or who employs
in his business as such dealer, any person whose license has been
revoked or who has been convicted of violating such law.
(c)
(1)
No person, partnership or corporation shall be qualified for a license
under this law if such person, any member of such partnership, or
such corporation, or any officer, director, or any stockholder owning
legally or beneficially, directly or indirectly, 10% or more of the
stock of such corporation, or other financial interest therein, or
10% or more of the interest in the business for which the person,
partnership or corporation is licensed, or any person employed in
the business licensed under this law shall have had a license revoked
under this law or shall have been convicted of violating the provisions
of any law applicable to the manufacture or sale of intoxicating liquor
or nonintoxicating beer, or shall not be a person of good moral character.
(2)
No license issued under this chapter shall be denied, suspended,
revoked or otherwise affected based solely on the fact that an employee
of the licensee has been convicted of a felony unrelated to the manufacture
or sale of intoxicating liquor or nonintoxicating beer so long as
any such employee does not directly participate in retail sales of
intoxicating liquor or nonintoxicating beer.
(3)
The supervisor shall by regulation require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this section. Statements by applicants
for licenses as wholesalers and retailers shall set out, with other
information required, full information concerning the residence of
all persons financially interested in the business to be licensed
as required by regulation. All material changes in the information
filed shall be promptly reported to the supervisor.
(4)
Notwithstanding the definition of financial interest above, service
as a member of the board of directors of a corporation, the stock
of which is traded on the New York or American Stock Exchange, or
NASDAQ, or ownership of less than 10% of the outstanding shares in
such corporation, shall not constitute a financial interest in such
corporation or a subsidiary thereof.
(5)
Distillers, wholesalers, winemakers, brewers or their employees,
officers or agents, shall not, under any circumstances, directly or
indirectly, have any financial interest in the retail business for
sale of intoxicating liquors or nonintoxicating beer and shall not
directly or indirectly, loan, give away or furnish equipment, money,
credit or property of any kind, except ordinary commercial credit
for liquors sold to such retail dealers.
(6)
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 or more of the following businesses: a drug store,
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 store a stock of goods having a
value according to invoices of at least $1,000, exclusive of fixtures
and intoxicating liquors.
(d)
The application for a license shall be accompanied by payment in
full of the fee stated in this section, by cash, certified or cashier's
check or money order; and no application shall be considered complete
until the fee is paid. No license fees shall not be refunded under
any circumstances.
(e)
A license issued under this chapter may be renewed by making application
to the City Clerk. Renewal applications shall be submitted on or before
December 1 of each calendar year. All requirements per an original
application as set forth in this chapter shall be applicable for applications
for renewal of licenses.
(f)
If the application for renewal of a license is not made within the
time provided in this section, the license shall expire and the licensee
shall cease the sale of such beverages authorized under this chapter,
and the licensee shall file a new application and meet all requirements
of this chapter before engaging in such sales regulated under this
chapter. An application for renewal filed after the expiration date
of the license shall be treated as a new application.
(g)
It shall be unlawful for any person to violate any of the provisions
of this chapter. Upon conviction thereof, such person shall be fined
not less than $150, and not more than $500, or punished by imprisonment
not to exceed 90 days, or punished by both fine and imprisonment.
Each day's violation of, or failure, refusal, or neglect to comply
with, any provision of this chapter shall constitute a separate and
distinct offense. The penalties provided in this section are in addition
to and separate from any administrative actions by the City Council
to suspend, revoke or disapprove renewal of a license issued under
this chapter; or to order the closure of a business that has failed
to comply with the provisions of this chapter.
[Ord. No. 652, § 1, 8-19-1997; Ord. No. 726, § 1, 3-6-2001; Ord. No. 784, § 1, 10-7-2003; Ord. No. 916, 10-19-2010]
(a)
The various classifications of licenses permitted under this chapter
and the annual fee charged for each license shall be as follows:
(1)
For manufacturing, distilling or blending of intoxicating liquor
in excess of 5% of alcohol by weight, the sum of $375.
(2)
For manufacturing, distilling or blending of intoxicating liquor
not in excess of 5% of alcohol by weight, the sum of $375.
(3)
For the sale of intoxicating liquor by wholesale in excess of 5%
of alcohol by weight, the sum of $375.
(4)
For the sale of intoxicating liquor not in excess of 5% of alcohol
by weight, at wholesale, the sum of $75.
(5)
For the sale of intoxicating liquor by retail in the original package,
the sum of $150.
(6)
For the sale of intoxicating liquor by the drink at retail for consumption
on the premises of any resort or restaurant as defined below, in addition
to all other fees required by law to be paid by such establishments,
the sum of $450, payable at the same time and in the same manner as
other fees.
(7)
For the sale of intoxicating liquor in the original package at retail
between the hours of 9:00 a.m. and midnight on Sundays, from any person
licensed to sell intoxicating liquor in the original package at retail,
in addition to all other fees required by law to be paid by such establishments,
the sum of $300, payable at the same time and in the same manner as
other license fees.
(8)
For the sale of intoxicating liquor between the hours of 9:00 a.m.
and midnight on Sunday by the drink at retail for consumption on the
premises of any restaurant bar, as defined below, in addition to all
other fees required by law to be paid by such establishments, the
sum of $300, payable at the same time and in the same manner as other
license fees.
(9)
For the sale of intoxicating liquor by the drink at retail for consumption
on the premises, by 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,
the sum of $450.
(10)
For the sale of intoxicating liquor by the drink at retail for
consumption on the premises, by a charitable, fraternal, religious,
service or veteran's organization, as defined in the preceding
subparagraph, between the hours of 9:00 a.m. and midnight on Sundays,
in addition to all other fees required by law to be paid by such establishments,
the sum of $300.
(11)
For the sale of beer (intoxicating and nonintoxicating) in the
original package, the sum of $22.50.
(12)
For the sale of beer, malt liquor and light wines containing
not in excess of 14% of alcohol by weight made exclusively from grapes,
berries and other fruits and vegetables, at retail by the drink for
consumption on the premises where sold, the licensee shall pay to
the City $75 per year.
(13)
For the purpose of conducting wine, malt beverage, and distilled
spirit tastings on the premises of any licensee authorized to sell
intoxicating liquor in the original package at retail, the sum of
$37.50.
(14)
Other provisions of this chapter to the contrary notwithstanding,
a permit for the sale of wine and malt liquor containing alcohol in
excess of 3 2/10% by weight, for consumption on the premises
where sold, may be issued to any church, school, civic, service, fraternal,
veteran, political, or charitable club or organization for sale of
such wine and malt liquor at any picnic, bazaar, fair, festival or
similar gathering or event held to commemorate the annual anniversary
of the signing of the Declaration of Independence of the United States.
Such permit shall be issued only during the period from June 15 to
July 15 annually and only for the day or days named therein and it
shall not authorize the sale of wine and malt liquor except between
the hours of 9:00 a.m. and midnight and for not more than four days
by any such organization. No permit shall be issued to any organization
which selects or restricts the membership thereof on the basis of
race, religion, color, creed or place of national origin. For the
permit, the holder thereof shall pay to the City the sum of $150.
No provision of law or rule or regulation of the supervisor shall
prevent any wholesaler or distributor from providing customary storage,
cooling or dispensing equipment for use by the holder of the permit
of such gathering or event.
(15)
Other provisions of this chapter to the contrary notwithstanding,
a permit for the sale of intoxicating liquor or nonintoxicating beer
for consumption on the premises where sold may be issued to any church,
school, civic, service, fraternal, veteran, political or charitable
club or organization for the sale of intoxicating liquor or nonintoxicating
beer at a picnic, bazaar, fair or similar gathering. The permit shall
be issued only for the days named therein and shall not authorize
sales for more than seven days in any calendar year. Such permit shall
not authorize sales prior to 9:00 a.m. if the event is on a Sunday.
No permit shall be issued to any organization which selects or restricts
the membership thereof on the basis of race, religion, color, creed
or place of national origin. For the permit, the holder thereof shall
pay to the City the sum of $37.50. No provision of law or rule or
regulation of the supervisor shall prevent any wholesaler or distributor
from providing customary storage, cooling or dispensing equipment
for use by the holder of the permit of such gathering or event.
(16)
Other provisions of this chapter to the contrary notwithstanding,
any licensee authorized to sell intoxicating liquor or nonintoxicating
or intoxicating beer for consumption on the premises pursuant to § 4-4a(6),
(9) and (12) of the Butler City Code, or any church, school, civic,
service, fraternal, veteran, political, or charitable club or organization
may be issued a permit for the sale of intoxicating liquor or nonintoxicating
or intoxicating beer for consumption on the premises where sold on
any of the following: when January 1, March 17, or December 31 falls
on Sunday, or on the Sundays prior to Memorial Day and Labor Day or
on the Sunday on which the national championship game of the national
football league is played, commonly known as "Super Bowl Sunday."
The permit shall be issued only for the day named therein, and no
permit shall authorize more than one day on each permit. Such permit
shall authorize sales between the hours of 9:00 a.m. and midnight
on Sunday. For the permit, the holder thereof shall pay to the City
the sum of $37.50. No permit shall be issued to any organization which
selects or restricts the membership thereof on the basis of race,
religion, color, creed, or place of national origin. No provision
of law or rule or regulation of the supervisor shall prevent any wholesaler
or distributor from providing customary storage, cooling or dispensing
equipment for the use by the holder of the permit of such gathering
or event.
[Ord. No. 652, § 1, 8-19-1997; Ord. No. 722, § 1, 1-2-2001]
A separate license shall be required for each place of business and each category of license pursuant to Section 4-4. Every license issued shall expire on the 31st day of December next succeeding the date of such license. Of the annual license tax required in this chapter to be paid for any license, the applicant shall pay as many twelfths as there are months (part of a month counted as one month) remaining from the date of the license, to, but not including, the next succeeding first day of January. No person shall sell, give away, consume, otherwise dispose of, or store upon any premises licensed under this chapter, any intoxicating liquor or nonintoxicating beer other than that permitted by the license issued.
[Ord. No. 652, § 1, 8-19-1997]
It shall be unlawful for any person holding a permit authorizing
the sale of intoxicating liquor or nonintoxicating beer in the original
package to allow such original package to be broken or allow any of
such beverage to be consumed in or upon the premises described in
such permit, except during a licensed tasting event.
[Ord. No. 652, § 1, 8-19-1997; Ord. No. 784, § 1, 10-7-2003]
(a)
No person having a license under this law, nor any employee of such person, except as provided in § 4-4(a)(7), (8), (10), (14), (15) and (16) above shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his premises, 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. and 6:00 a.m. on Monday. If the person has a license to sell intoxicating liquor by the drink, his 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. A "closed place" is defined as a place where all doors are locked and where no patrons are in the place or about the premises.
(b)
No person having a license under the provisions of this chapter,
shall sell, give away or otherwise dispose of, or suffer the same
to be done, upon or about this premises, any nonintoxicating beer
in any quantity between the hours of 1:30 a.m. and 6:00 a.m.
[Ord. No. 652, § 1, 8-19-1997]
(a)
Any person who possesses the qualifications required by this chapter,
and who now or hereafter meets the requirements of, and complies with
the provisions of this chapter and state statutes, may apply for and
the City Clerk may issue a license to sell intoxicating liquor by
the drink at retail for consumption on the premises of any resort
as described in the application.
(b)
As used in this section the term "resort" means:
(1)
Any establishment having at least 30 rooms for the overnight accommodation
of transient guests, having a restaurant or similar facility on the
premises at least 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 food sales
for the past two years immediately preceding its application for a
license shall not have been less than $75,000 per year, with at least
$50,000 of such gross receipts from nonalcoholic sales.
(2)
A new restaurant establishment having been in operation for at least
90 days preceding the application for such license, with a projected
experience based upon its sale of food during the preceding 90 days
which would exceed not less than $75,000 per year; or
(3)
A seasonal resort restaurant with food sales as determined in Subsection
(c) of this section.
(c)
For purposes of this section, a seasonal resort restaurant is a restaurant
which is not a new restaurant establishment and which is open for
business eight or fewer consecutive months in any calendar year. 50%
of all gross sales of such restaurant shall be sales of prepared meals.
Any new seasonal resort restaurant establishment having been in operation
for less than 12 weeks may be issued a temporary license to sell intoxicating
liquor by the drink at retail for consumption on the premises for
a period not to exceed 90 days if the seasonal resort restaurant establishment
can show a projection for annualized gross sales of which 50% shall
be sales of prepared meals. The temporary license fee and the annual
license fee shall be prorated to reflect the period of operation of
the seasonal resort restaurant. The license shall be valid only during
the period for which application was made and for which the fee was
paid. Any seasonal resort restaurant upon resuming business for its
season of operation shall not be considered a new establishment for
purposes of issuing a temporary license. Nothing in this subsection
shall prohibit a seasonable resort restaurant from becoming a resort
restaurant upon application, payment of fees, and compliance with
the requirements of this chapter.
(d)
The times for opening and closing the establishments and all other
laws and regulations of the City relative to alcoholic beverages as
provided in this chapter shall apply to such resorts and restaurant
establishments except where specifically in conflict with the provisions
of this section or state law.
(e)
Any new resort or restaurant establishment having been in operation
for less than 90 days may be issued a temporary license to sell intoxicating
liquor by the drink at retail for consumption on the premises for
a period not to exceed 90 days if the resort or restaurant establishment
can show a projection of an annual business from prepared meals or
food which would exceed not less than $75,000 per year. The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
[Ord. No. 652, § 1, 8-19-1997]
(a)
Any person who possesses the qualifications required by this chapter,
and who now or hereafter meets the requirements of and complies with
the provisions of this chapter, may apply for, and the City Clerk
may issue a license to sell intoxicating liquor between the hours
of 1:00 p.m. and midnight on Sunday by the drink at retail for consumption
on the premises of any restaurant bar as described in the application.
As used in this section the term "restaurant bar" means any establishment
having a restaurant or similar facility on the premises at least 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 $200,000 from the sale of prepared meals or food
consumed on the premises.
(b)
All other laws and regulations of the City relative to alcoholic
beverages as provided in this chapter shall apply to such restaurant
bars except where specifically in conflict with the provisions of
this section or state law.
(c)
Any new restaurant bar having been in operation for less than 90
days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 1:00 p.m. and midnight on Sunday for a period not to exceed
90 days if the restaurant bar can show a projection of annual business
from prepared meals or food consumed on the premises of at least 50%
of the total gross income of the restaurant bar for the year or can
show a projection of annual business from prepared meals or food consumed
on the premises which would exceed not less than $200,000. The license
fee shall be prorated for the period of the temporary license for
the establishment.
[Ord. No. 652, § 1, 8-19-1997]
Notwithstanding any other provisions of this Code to the contrary,
any person possessing the qualifications and meeting the requirements
of this Code who is licensed to sell intoxicating liquor in the original
package at retail hereunder, may apply to the City for a special permit
to conduct wine, malt beverage and distilled spirit tastings on the
licensed premises.
[Ord. No. 652, § 1, 8-19-1997; Ord. No. 814, § 1, 4-5-2005; Ord. No. 978, 8-20-2013]
(a)
No license shall be granted for the sale of intoxicating liquor,
as defined by this chapter, within 300 feet of any school, church
or other building regularly used as a place of religious worship,
except when a school, church or place of worship shall hereafter be
established within 300 feet of any place of business licensed to sell
intoxicating liquor, the license shall not be denied for this reason.
(b)
The method of determining the distance shall be portal-to-portal,
i.e., from the front door of the church, school or other building
regularly used as a place of worship on a straight line to the front
door of the licensee's building.
(c)
Exception — The City Council may consider a reduction of the distance requirements set out in Subsection (a) and grant reduction of the distance requirements by resolution to a distance down to and including zero feet in its discretion following notice and a hearing as required by RSMo 311.080, as amended in 2005, and as amended from time to time.
[Ord. No. 940, 2-7-2012[1]]
(a)
Notwithstanding any other provisions of this chapter to the contrary,
any person who possesses the qualifications required by this chapter,
and who now or hereafter meets the requirements of and complies with
the provisions of this chapter, may apply for, and the City Clerk
may issue, a license to sell intoxicating liquor, as defined in this
chapter, between the hours of 9:00 a.m. and midnight on Sunday by
the drink at retail for consumption on the premises of any amusement
place as described in the application. As used in this section the
term "amusement place" means any establishment whose business building
contains a square footage of at least 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
2,500 square feet, or any outdoor golf course with a minimum of nine
holes, and which has annual gross receipts of at least $100,000 of
which at least $50,000 of such gross receipts is in nonalcoholic sales.
(b)
The authority for the collection of fees by cities and counties as provided in RSMo 311.220, and all other laws and regulations of the City of Butler and State of Missouri relating to the sale of liquor by the drink for consumption on the premises where sold, shall apply to an amusement place in the same manner as they apply to establishments licensed under RSMo 311.085, 311.090 and 311.095 of the Missouri Revised Statutes and Chapter 4 of the Butler Municipal code, and in addition to all other fees required by law, an amusement place shall pay an additional fee of $200 a year payable at the same time and in the same manner as its other fees.
(c)
Any new amusement place having been in operation for less than 90
days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 a.m. and midnight on Sunday for a period not to exceed
90 days if the amusement place can show a projection of gross receipts
of at least $100,000 of which at least $50,000 of such gross receipts
are in nonalcoholic sales for the first year of operation. The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
[1]
Editor's Note: This ordinance also repealed former § 4-12,
which pertained to number of licenses for retail sale limited and
derived from Ord. No. 652, adopted 8-19-1997, as amended.
[Ord. No. 652, § 1, 8-19-1997]
(a)
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 law may make application
and the City 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.
(b)
Whenever one or more members of a partnership withdraws from the
partnership, the City, 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.
[Ord. No. 652, § 1, 8-19-1997]
(b)
In any place of business licensed in accordance with RSMo 311.200
or 312.040, where at least 50% of the gross sales made consists of
goods, merchandise or commodities other than intoxicating liquor or
nonintoxicating beer in the original package, persons at least 18
years of age may stock, arrange displays, accept payment for and sack
for carry out intoxicating liquor or nonintoxicating beer. Delivery
of intoxicating liquor or nonintoxicating beer away from the licensed
business premises cannot be performed by anyone under the age of 21
years.
(c)
In any distillery, warehouse, wholesale distributorship or similar
place of business which stores or distributes intoxicating liquor
or nonintoxicating beer but which does not sell intoxicating liquor
or nonintoxicating beer at retail, persons at least 18 years of age
may be employed and their duties may include the handling of intoxicating
liquor or nonintoxicating beer for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail.
(d)
Persons 18 years of age or older may, when acting in the capacity
of a waiter or waitress, accept payment for or serve intoxicating
liquor or nonintoxicating beer in places of business which sell food
for consumption on the premises if at least 50% of all sales in those
places consists of food; provided, that nothing in this section shall
authorize persons under 21 years of age to mix or serve across the
bar intoxicating beverages or nonintoxicating beer.
[Ord. No. 652, § 1, 8-19-1997; Ord. No. 691, I, 7-20-1999; Ord.
No. 703, § 1, 5-2-2000; Ord. No. 728, § 1, 3-6-2001]
(a)
No person under the age of 21 years shall purchase or attempt to
purchase, or have in his possession, any intoxicating liquor or nonintoxicating
beer.
(b)
No person shall sell, give or in any way transfer to a person under
the age of 21 years any intoxicating liquor or nonintoxicating beer.
(c)
No person under the age of 21 years shall be within the City limits
while under the influence of alcohol, in an intoxicated condition
or with blood alcohol content as set forth in paragraph (d) in excess
of 0.02%, or more by weight, if when such person was contacted, the
officer had probable cause to believe such person was under the influence
of alcohol, in an intoxicated condition or with blood alcohol content
in excess of 0.02%, or if such person was stopped upon probable cause
to believe such person violated a state, county, or municipal statute
or ordinance.
(d)
For the purpose of prosecution for violations of this section, any
person under the age of 21 years who shall be shown by competent evidence
to be intoxicated or under the influence of alcohol shall be presumed
to have had in his possession an intoxicating liquor or nonintoxicating
beer. Competent evidence of intoxication or influence of alcohol may
be shown by, but is not limited to, evidence of a chemical of the
defendant's breath, saliva, urine or blood as authorized by RSMo
577.020. If chemical analysis of the defendant's breath, saliva,
urine or blood shows that the defendant has in excess of 0.02% or
more of alcohol by weight in the defendant's blood, it shall
be presumed that the defendant was under the influence of alcohol.
The percentage of alcohol in the blood shall be determined as authorized
by RSMo 577.037.
(e)
For purposes of prosecution under this section or any other provision
of this chapter involving an alleged illegal sale or transfer of intoxicating
liquor or nonintoxicating beer to a person under 21 years of age or
possession of an intoxicating liquor or nonintoxicating beer by a
person under 21 years of age, a manufacturer sealed container describing
that there is intoxicating liquor or nonintoxicating beer therein
need not be opened or the contents therein tested to verify that there
is intoxicating liquor or nonintoxicating beer in such container.
The alleged violator may allege that there was not intoxicating liquor
or nonintoxicating beer 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
or nonintoxicating beer therein contains intoxicating liquor or nonintoxicating
beer.
(f)
Any container of intoxicating liquor not labeled with an alcoholic
content shall be deemed to have an alcoholic content in excess of
1/2 of 1% by volume. Any container of nonintoxicating beer not labeled
with an alcoholic content shall be deemed to have an alcoholic content
in excess of 3 2/10% by weight.
[Ord. No. 652, § 1, 8-19-1997]
No licensee under this chapter and no employee of any such licensee
or any other person shall sell or supply intoxicating liquor or nonintoxicating
beer 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 intoxicants.
[Ord. No. 652, § 1, 8-19-1997]
No person, having attained the age of 17 years but less than
21 years of age, shall misrepresent his age for the purpose of purchasing
or in any way obtaining any intoxicating liquor on nonintoxicating
beer.
[Ord. No. 652, § 1, 8-19-1997]
It shall be unlawful for any person to possess any intoxicating
liquor or nonintoxicating beer in or upon any public property within
the City, specifically including but not limited to the streets and
alleys of the City unless such intoxicating liquor or nonintoxicating
beer shall be contained in the original package and the seal of such
original package shall not have been broken. It shall not be a defense
to prosecution under this section that the intoxicating liquor or
nonintoxicating beer was contained in a motor vehicle unless the intoxicating
liquor or nonintoxicating beer was contained in a closed portion of
the vehicle not accessible to the occupants of the vehicle from the
interior of the vehicle.
[Ord. No. 652, § 1, 8-19-1997]
(a)
Except as authorized by law, it shall be unlawful for any person
under the age of 21 years, with or without consent of one or both
of his parents or his guardian or whether or not accompanied by a
parent or guardian to patronize, visit, frequent or loiter near any
saloon, dramshop or beer parlor where intoxicating liquor or nonintoxicating
beer is sold by drink or open bottle.
(b)
Any person under the age of 17 years who violates this section may
be declared a delinquent child and dealt with as prescribed by the
juvenile laws of the state.
(c)
Except as authorized by law, it shall be unlawful for any operator
of a saloon, dramshop or beer parlor to allow a minor under 21 years
of age to patronize, visit or frequent his place of business.
(d)
Except as authorized by law, it shall be unlawful for any parent
or guardian to consent to or to accompany his child or ward under
the age of 21 years to patronize, visit, frequent or loiter near a
saloon, dramshop, or beer parlor where intoxicating liquor or nonintoxicating
beer is sold by drink or open bottle.
[Ord. No. 652, § 1, 8-19-1997; Ord. No. 717, § 2, 10-3-2000]
(a)
It shall be unlawful for any person maintaining, owning or operating
a commercial establishment located within the City where alcoholic
beverages are offered for sale or may be consumed on the premises:
(1)
To suffer or permit any female person, while on the premises of the
commercial establishment, to expose to the public view that area of
the human female breast at or below the areola thereof.
(2)
To suffer or permit any female person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate with portions of the human female breast as described in § 4-20(a)(1).
(3)
To suffer or permit any person, while on the premises of the commercial
establishment, to expose to public view his or her genitals, pubic
area, anus, or anal cleft or cleavage.
(4)
To suffer or permit any person, while on the premises of the commercial
establishment, to employ any device or covering which is intended
to give the appearance of or simulate the genitals, pubic area, anus,
anal cleft or cleavage.
(5)
To permit any male person while on the premises of the commercial
establishment to expose to the public view his genitals in a turgid
state, whether or not covered.
(b)
It shall be unlawful for any female person, while on the premises
of a commercial establishment located within the City at which alcoholic
beverages are offered for sale or may be consumed on the premises,
to expose to public view that area of the human female breast at or
below the areola thereof, or to employ a device or covering which
is intended to give the appearance of or simulate such areas of the
female breast as described herein.
(c)
It shall be unlawful for any person, while on the premises of a commercial
establishment located within the City at which alcoholic beverages
are offered for sale or may be consumed on the premises, to expose
to public view his or her genitals, pubic area, anus, anal cleft or
cleavage, or to employ any device or covering which is intended to
give the appearance of or simulate the genitals, pubic area, anus
or anal cleft or cleavage.
[Ord. No. 652, § 1, 8-19-1997; Ord. No. 787, § 1, 11-18-2003]
(a)
The City Council may, on hearing, suspend or revoke any license issued
under the provisions of this division if the licensee has not at all
times kept an orderly place or if he has violated any provision of
this chapter, or for any other good cause shown, after first having
given such licensee not less than 10 days notice in writing of his
opportunity to be heard. This notice shall contain the grounds for
such suspension or revocation, and shall command the licensee to be
present at a regular or called meeting of the City Council and show
cause, if any, why such license should not be suspended or revoked.
Such licensee shall have full right to be represented by counsel at
the hearing and may produce witnesses and evidence in his behalf.
The notice shall be served by a police officer and may be served by
leaving a copy thereof with the licensee or any person or employee
in charge of the licensee's place of business.
(b)
A decision to suspend or revoke a license may be based upon one or
more of the following:
(1)
An offense resulting in a conviction involving the use of force or
violence upon the person of another in the operation of the business
of the licensee;
(2)
A conviction of a crime involving a felony by the licensee or any
of the officers or the managing officer of the licensee;
(3)
Any false, misleading or fraudulent statement of fact in the license
application for the licenses or in any other document required by
the City in conjunction therewith;
(4)
Violation of any of the provisions of this article or any of the
laws of this City;
(5)
Violation of the laws of the state, the United States of America,
or any rule or regulation pertaining to the sale and licensing of
intoxicating liquors;
(6)
Operation of the business in such a manner that it constitutes a
nuisance to the neighborhood;
(7)
Conduct by the officers, employees, or managing officers of the licensee
such as public drunkenness when working or while on the premises,
indecent exposure when working or when on the premises or other conduct
which shows improper conduct by an individual who is licensed pursuant
to this division. For purposes of this section, the term "premises"
shall include the licensed premises, the parking lots and the area
around the business which is owned, used, [or] maintained as part
of the business;
(8)
Lack of proper control of customers. The licensee shall use good
judgment in the sale of intoxicating beverages and shall not sell
same to persons obviously intoxicated. If any customer becomes unruly
or abusive, it shall be the duty of the licensee to call and fully
cooperate with police, or other law enforcement authority. The licensee
shall take appropriate and necessary steps to supervise the premises
immediately outside the liquor establishment, shall keep said premises
free from litter, and shall not allow the premises to become a gathering
location for the liquor establishment's customers;
(9)
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.
(c)
Following the entry of an order by the City Council, suspending or revoking a license issued pursuant to this chapter, the licensee shall cause the establishment to be a closed place as defined in Section 4-7 or in the alternative, the licensee shall remove all intoxicating liquor and nonintoxicating beer from the premises or cause all intoxicating liquor and nonintoxicating beer to be placed in storage within the building in a separate room under lock and key so that such beverage is not accessible for sale during business hours. During all periods of the suspension or revocation, no intoxicating liquor or nonintoxicating beer shall be sold, given to, offered for sale or provided in any manner to any person at any time.
The licensee, in the event that the establishment remains open
for other business, shall cause to be prominently displayed in a conspicuous
place a sign that shall contain in red lettering at least one-half-inch
high on a white background the following:
(1)
If the license is revoked:
THIS ESTABLISHMENT IS PROHIBITED FROM SELLING INTOXICATING LIQUOR
AND NONINTOXICATING BEER BY ORDER OF THE CITY COUNCIL OF BUTLER, MISSOURI.
(2)
If the license is suspended:
THIS ESTABLISHMENT IS PROHIBITED FROM SELLING INTOXICATING LIQUOR
AND NONINTOXICATING BEER BY ORDER OF THE CITY COUNCIL OF BUTLER, MISSOURI
FROM (effective date of suspension) UNTIL (expiration date of the
suspension).
|
In the case of a suspension of an alcohol license, this sign
shall remain on display the entire period of suspension from the beginning
date of the suspension until the last date of the suspension.
|
|
In the case of a revocation of an alcohol license, this sign
shall remain on display until such time as the license is reinstated.
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(d)
Following the entry of an order by the City Council, suspending or
revoking a license issued pursuant to this chapter, the licensee,
permittee or applicant may seek judicial review in a manner provided
by law. Nothing contained in this chapter shall preclude the informal
disposition of contested cases by stipulation, consent order or default
or by agreed settlement.
[Ord. No. 717, § 3, 10-3-2000]
(a)
Licensees and the licensees' agents and employees at all times are responsible for the conduct of their business and at all times are directly responsible for any act or conduct of any employee on the premises which is in violation of the provisions of this Code and §§ 14-150 — 14-171.
(b)
In the event that any licensee, or an agent or employee of the licensee,
knows or should have known that an unlawful or violent act has been
committed upon or about the licensed premises, they shall immediately
report the occurrence to the police department. The licensee and the
licensees agents and employees shall cooperate with any law enforcement
authority, agents of the state division of liquor control, the City
Clerk or the clerk's agents, during the course of any investigation
into the occurrence.
[Ord. No. 717, § 4, 10-3-2000]
(a)
No licensee or any employee of the licensee shall allow the following
to occur upon the licensed premises:
(1)
Any employee to solicit any customer to purchase alcoholic or nonalcoholic
beverages, either for that employee or another employee;
(2)
Any employee, while on duty, to consume any alcoholic beverage;
(3)
Any employee, while on duty, to sit at any bar or table with any
customer except for a reasonable period of time while actually engaged
in taking a food or drink order;
(4)
Any employee, except dance instructors, to dance with any customer;
nor shall any employee, entertainer or customer be permitted to perform
a dance of any kind upon a bar, table or any other place used for
serving food or beverages;
(5)
Any act of prostitution as defined in the prostitution chapter of
the Missouri Criminal Code, including the solicitation of prostitution;
(6)
Any act of disorderliness, indecency or obscenity, including, but
not limited to, the following:
a.
Any language, conduct or songs calculated to provoke a breach of
the peace, or obscene literature, entertainment or advertising material;
b.
The performance of any acts of sexual conduct, including actual or
simulated, normal or perverted acts of human masturbation; deviate
sexual intercourse; sexual intercourse; or physical contact in an
act of apparent sexual stimulation or gratification, with a person's
clothed or unclothed genitals, pubic area, buttocks or the breast
of the female; or any sadomasochistic abuse or acts including animals
or latent objects in an act of apparent sexual stimulation or gratification,
as such terms are defined in the pornography and related offenses
chapter of the Missouri Criminal Code;
(b)
No licensee or employee of licensee shall fail to immediately prevent
or suppress any violent quarrel or disorder, brawl, fight or any other
act or conduct prohibited or declared to be unlawful by this chapter.
[Ord. No. 717, § 5, 10-3-2000]
(a)
No licensee shall allow adult entertainment, including semi-nude dancing, upon the licensed premises unless written application is filed with the City Clerk and a license is issued by the City Clerk pursuant to §§ 14-150 through 14-171.
(b)
No licensee or employee of the licensee shall allow any person to
perform any semi-nude dance upon the licensed premises unless the
following conditions are met:
(1)
Any semi-nude dance must be performed upon a stage that is separated
at every point by at least three feet from the nearest seated customer;
(2)
Any such stage must contain no less than 100 square feet of surface
and be at least 18 inches above the immediately adjacent floor level;
(3)
Any such stage must be located at a place upon the licensed premises
where any semi-nude dance is not visible from outside the premises.
(c)
No person shall perform any semi-nude dance upon a licensed premises
unless the following standards of conduct are met:
(1)
Each dancer shall have obtained an adult entertainer's permit as provided by Section 14-157 and such permit is not expired, suspended or revoked;
(2)
While performing any semi-nude dance, no dancer shall display any areas of his or her body as prohibited in Section 4-20;
(3)
No dancer shall receive any payment or gratuity from any customer
unless such payment or gratuity is placed into the dancer's hand,
under a leg garter worn by the dancer located at least four inches
below the bottom of the pubic region, or on the stage;
(4)
No dancer shall dance with any customer nor sit at a table or the
bar with any customer;
(5)
No dancer shall knowingly touch any specified anatomical area of another person or allow another person to touch any specified anatomical area of the dancer; no dancer shall knowingly fondle or caress any specified anatomical area of another person, whether such area is clothed, unclothed, covered or exposed, or allow another person to fondle or caress any specified anatomical area of such dancer, whether such area is clothed, unclothed, covered or exposed. The term "specified anatomical area" as used in this section shall be defined in Section 14-150.
(d)
Any person performing as a semi-nude dancer on the licensed premises
shall be construed to be an employee of the licensee for purposes
of this chapter.
[Ord. No. 791, § 1, 3-16-2004]
(a)
Except as otherwise provided, violations of any licensing provision
of this chapter, which includes sale of alcohol without a license
or sale of alcohol while the license is suspended or revoked, are
punishable by a fine of not less than $150 nor more than $500 for
each offense.
