HomeMy Public PortalAboutORD03616 21
Comes now the Iissouri Power and Light Company by
P&J. - , and in consideration of the
Passage and approval of this ordinance, hereby accepts the
ordinance and agrees to comply with the terms thereof, and abide
by the provision thereof.
Missouri Power & Light Company,
By; ._ ��✓
#3616 AN ORDINANCE RELATING TO THE REGULATION, COIITROL, 1JIANUFACTUP4p
�3REwING, SALE AND POSSESSIOI•I OF INTOXICATING LIQUOR, : DEFIIIING
INTOXICATING LIQUOR: FIXING LICENSES TO BE PAID BY PI;RSOII'9 ENJ
GAGED IN THE I:ANUFACTURE, BREWING OR SALE OF INTOXICATING LI QUCR Q.
REPEALING ALL ORI)INA3,CES IN CON-FLICT 1,1TI'1'Ii THIS ORDIi`A1\:CE: 1011)
FIXING A PETTALTY.
WHEREAS, Jefferson City is an incorporated city having
a population of more than twenty thousand (209000) inhabitants,
as 'determined by the last census of the United States; and,
WHEREAS, the fifty-Seventh General Assembly of Missouri,
in special session assembled, by an act approved, January 13th, 1934,
has authorized the manufacture, brewing, sale and distribution of
intoxicating liquors, either in the original package or for con-
sumption on the premises where purchased and sold, subject to szach
f reasonable rules and regulations and licenses as may be adopted and
approved by the Council;
S
L W THEREFORE I T ORDAINED BY THE CITY COUNCIL OIL' THE CITY OF JEI.FERS ON
LLO�;�Sction 1. 7'lie term " intoxicating liquor" as used in this ordinance
shall mean and include alcohol for beverage purposes,
s'~ alcholic, spirituous , vinous, fermented, malt or other liquors,
or combination of liquors, a part of which is spiritous, vinous or
fermented, and all preparations or mixtures for beverage purposes,
containing in excess of three and two-tenths (3.20) per cent of
alcohol by weight.
Section 2. It is hereby declared unlawful for any person
firm, co-partnership, association or corporation, either by itself
'
or. through the use of agents or servants, to engage in the man- '4
ufacture, brewing, sale or distribution of intoxicating liquor, as
in this ordinance defined, without first having taken out and ob-
tained a license authorising such manufacture, brewing, sale or
distribution, in compliance with the terms of this ordinance; said
license to be issued for a period of one (I) year from 'the first day
of February, of each year, and that persons desiring to secure licensees
after the first day of February, shall pay for such portion of the
license year r. eriaining at the time ,uch. license is issued; thereafter
all renewels of licenses shall be made on the first day of February
of each year.
Section 3 . No license shall be issued authorising sale
of intoxicating liquor to be consumed on the premises where cold,
where said preraises are located within two hundred fifty feet (230)
of any church roar) c or. parochial school, public Islay grounds or
wbolic park, I.�rey �=d
however, that villere such premises are within
hundred fifty feet (250) of a church as herein defined, the
provisions of this section naybe ,awed bjr paid church through its
duly authorized Officers by proper written instrument which said
Clerk instrument shall be riled with the city and passed upon
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by the Board of Liquor Control.
For the purpose of dctez7nini.ng, such distance between such.
promines and churches, public or parochial schools, measurement shall
be had in the most direct line from the front door of the building
where said intoxicating liquor is sold, to the front door of the
church or school building.
For the purpose of determining such. distance as between
such premises ;there liquor is sold to be consumed on the premises and
public park or play t*rounds, measurement shall be had from the lot or
property line of said play ground or park, to the lot or property line
on which said premises are located.
For the purpose of this ordinance, the word "public school"
shall be deemed to mean a. public school house erected and constructed
at the expense of the tax payers of Jefferson City and used as a build-
ing wherein educational facilities are provided, and paid for by direct
taxation against all the property in said school district.
For the purpose of this ordinance , the term "parochial"
School" sh,.,.11 be deemed to mean any school building owned and
maintained by any church in Jefferson City at the expense of the membe
ers thereof, wherecdducational facilities are privately maintained
for the education of the children in said parish.
For the purpose of this ordinance, the viord "church" shall
be deemed to mean a church building erected and maintained as a church
building and in which services are regulary held. Provided,' however,
the mere holding of religious services in any building not built
and 'constructed as a church building shall not bring said building
withinthe definition of a church as contemplated in this ordinance.
The term "public play ground" and public park" shall be
deemed to mean parks or play grounds , the title to which is in thexrA
City of Jefferson, Missouri, or the School Board of the Jefferson
City School District, or the Park Hoard of Jefferson City, Missouri.
Section 4 . The City Council, upon a majority vote of the members
elected, shall have the right to revolve any license issued under
authority of this ordinance, after a hearing and a finding that
the licence has not conducted his or ots buisness as regyired by this
ordinance.
Section 5 . The Operating; or possession of any gambling device
in or about -the premises i,;rhere intoxicating liquor is sold
either in the original package or for cons-unpt onon the premises
where sold, shall be grounds for revocation of the license, and no
licensee shall permit any gambling device to be set up or used in or
about said premises.
Section 6. The following license; fees shall be paid annually;
(a) Manufacturers of intoxicating malt liquor containing
not more than five (5) per cent of alcohol by weight, Three Hundred
Dollars (300.00) , such. license as provided for in this sub--section
shall, entitle the manufacturer to distribute such r.•ialt liquor as a
'lholesaler, but shall not include the right to sell at retail.
(b) I,`:anuf�.),cturerN or distillers of intoxicating liquors
containing; alcohol in excess of five (5%) per cent, Five
Hundred Dollars (500.00) .
(c) Distributors or wholesalers of intoxicating liquors
containing not in excess of five ( 5'/'0") per cent of alcohol by weight,
Fifty Dollars (50 .00)
(d) Distributors or '7holesalers of intoxicating liquors con-
tainin,.; in excess of five ( 5/1110 per cent of alcohol by weight, Fifty
Dollars (50.00) .
For the -r)uxpose of this ordinance "distributors or Whole-
salers" shall be deerned to be persons$ firms or corporations selling
such intoxicating• liquors to retailers for resale.
(e) Retailers selling- intoxicating liquors r:ith all alcoholic
conent of more than three and two-tenths 3.2) per cent by weight,
24
and not more than five: (5%) per cent by vciC;ht , in the pach -
age and or for consumption on tree preriise.,; , Three Hundred Poll<(ar:, ,
(300.00) .
(f) Retailers sellin intoxicating liquor ti*:ith. an alcoholic
content of more than five (51 i�p
per cent by weight, for cons�itian on
the premises where sold, Siff Hundred Dollars, 600.00) . The License
issued under this sub—section to include the ri .1ht of sd,le int the
original packaCe; provided such ori[,•inal pac]>a.ge shall not be ppened
and the contents thereof consumed on the premises where sold, and shall.
include the right to sell intoxicating; liquor r:i to an alcoholic contEit t
e five (5%) per cent or less by ;weight, by the drink or in the original
package.
(g) Retailers sellinz• intoxicating liquors containing
al.cohol_' in excess of five (5% per cen* by weight, in the original
package, not to be opened or consumed on the premises where sold,
Three Hundred Dollars (300.00) . Provided, that no license shall be
issued for the sale of intoxicating, liquor containing more than five
(5%) per cent of alcohol by weight, not to be consumed on the
premises where sold, except to a person engaged in and to be used
in connection with. the operation of one or more of t:Yae following
buisnesses ; A drugstore, a cigar and tobacco store, a grocery
store, a general merchandise store, a, confectionery and or delicate-
ssen store, nor shall such license be issy ed to any person who does
not have or keep in his store a stock of goods having a value,
according to invoices, of at least fifteen Hundred Dollars (1.500.00. )
exclusive of fixtures and intoxicating liquors.
( Section 7. Nothing in this ordinance shall be so construed
as to authorise the sale of intoxicating liquor in the original
package, or at retail by .the drink for consumption on the premises
where sold, in a place commonly known as a "saloon", and no license
shall be issued for the sale of intoxicating liquor at retail by
the drink for consumption on the premises where sold, in a place
commonly known as a *saloon". nor in any building or room where their
are blinds , screens , swinging doors, curtains , stained or painted
windows, or any other thing in' such building or room that will
obstruct or obscure the interior of such room from public view.
It shall also be unlawful for the holder of any license
authorized by this ordinance for the sale of any intoxicating liquor
at retail by the drink for consumption on the premises where sold,
to keep or secret, or 'to allow any other person to keep or secret
in or upon the premises described in such license, any intoxicating
liquor, other than the kind of liquor expressly authorised to be
sold. by such license.
Section 8, Before any license shall be issued, the applicant
thereof shall apply in writing to the City Clerk, giving the loca-
tion of the place of buisness, the name of all parties interested
in the buisness to be operated unde. r said license except in the case
of a corporation, the name of the president, secetary and manger
only need be given, and shall file with the City Clerk a corporate
surety. bond in the sum of Twd Thousand Dollars (2,000.00) , such
bond to be approved by the Mayor of Jefferson City, conditioned
that the person or persons obtaining such license shall keep at
all times an orderly house in conformity with this ordinance, and
that he or they will not sell, give awa- y, or otherwise dispose of,
or suffer the same to be dcne about his or their premises, any
intoxicating liquor in any quanity to any minor, or on Sunday to
5 anyone, or to an habitual drunkard, and conditioned that he or
they will not violate any of the provisions of this ordinance. and
that he or they will pay all taxes and license fees provided for
herein, together with all fines and penalties which may be adjudged
against hire or them under the provisions of this ordinance.
Section 9. Regularly licensed drug stores may be lawfully
in possession of intoxicating liquor, to be used in connection with
the buisness of a druggist in compounding medicines, or as a solvent
or preserva,nt, without being subject to the provisions of this
ordinance. Provided, however that any druggistor drug store
operate3r desiring to sell intoxicating liquors, either for con—
2.5
sumption on the premices or in the original package, not to be
consumed on the premises, shall procure the proper license there-
for, and be in all matters subject to the provisions of this ord-
inance relating to location, licenses to be paid and hours at which
such intoxicating- liquor may be sold.
Section 10. No person, firm association or corporation
having a license under the provisions of this ordinance shall sell,
give away or suffer the same to be done upon or about his or their
premises any intoxic.,Iting liquor in any quanity, between the hours
of twelve o8clock midnight and sir. o8clock A.M.
Section 11. No person having a license under the provisions
of this ordinance shall sell, give away or otherwise dispose of, or
suffer the same to be done upon or about his or their premises, any
intoxicating liquor in any quanity on the first day of the week,
coranonly called Sunday, or upon the day of any general or primary
election in this state, or upon any county, city, town or municipal
election day.
Section 12. No person havin[; a license under the provisions
of this ordinance shall sell, give away or otherwise dispose of or
suffer the same to be done upon or about his or their premise.9 any
intoxicating liquor in any uanity, to any person then of the age
of less than twenty—one (217 years, not to any habitual drunkards
Section 13. No license issued under authority of this
ordinance shall, be transf erect from one person to another, nor shall
said license be used at any place except on the premises for which
said license is issued.
Section 14. No license as required by this ordinance for
the sale of intoxicating liquor for consumption on the premises
where sold shall be issued untill the applicant or applications
thereof shall file with the City Clerk a statement signed by a
majority of red.identIgE property owners owing real property in the block
in which said liquor buisness is to be lonated, waiving any objection
to 'the establishment of the buisness for which such license is sought,
For the purpose of this ordinance, the word *block" shall be
construed to mean a square block as platted in the plat of Jefferson
City,.
All applications for license provided for in this ordinance
and all petitions so filed with said applications shall be by the City
Clerk referred to a board to be known as the Board of liquor Control.,
which board shall be composed of the persons holding the office of
]Mayor, City Attorney and City Engineer ', resp6fiti4ply, and the Clerk
shall issue no such license without the written approval of a majority
of said Board of liquor Control. It shall be the duty of said Board of
Liquor Control to determine whether or not the application for license .:
complies with the provisions of this ordinance relative to licenses
to be paid, distance from churches , school houses,, play grounds,
public parks, and until said application is approved in writing by
said Board of Liquor Control, the Clark shall have no authority to
issue such licenses, Provided, however, that any applicant for a licens .
whoseapplication may be acted upon adversly by the -"card of Liquor
Control, or any other citizen who may deem the Board8s finding imprope
may, within ten days after such action by the Board of Liquor Control,
filea petition with the City Council appealing from the action of the
said Board of Liquor Control, and the Council shall have final
authority in said matter, and shall have the right to reverse as it
deems proper, the action of the Board of Liquor Control. On matters
appealed to the Council from the Board of Liquor Control, the Mayor
shall have no right to vote.
Section 15. All license shall be issued by the City Clem
of the City of Jeffeeson, upon the proper forms and each license
shall state specifically whether the license is for a distiller, brewer
Wholesaler, distributer , and in the case of a retailer8s license)
shall state the alcoholic content of the intoxicating liquor.to be
sold under said license, and whether said license is issued
authorizing the sale of intoxicating liquor for consumption on the
premises, or authorizing the sale only in the original package, not.
for consumption on the premises, or whether said license issued is
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for bath, the salil in the original package and. for consumption on
the premises where sold.
'Section 16. The said City Clerk shall keep a complete re-
cordof,<.`aall licenses issued, the date when issued, and of all
license fees collected by reason of the issuance of said licenses,
shall transmit all license taxes collected by reason of this ordinance
to the C ity Treasurer within twenty-four (24) hours after the same
have been collected, and report to the Council at the first regular
meeting of each month all license fees collected, by whom paid and
to whom said licenses have been issued, and the City Clerk shall also
report .monthly to the City Council a list of all persons, firms and
corporations who have been licensed under the provisions of this
ordinance, and who have failed or neglected to renew such license
at its expiration, and shall deliver a copy of such report to the
Marshal of the City of Jefferson; and it is hereby made the duty of
the Marshall of the City of Jefferson to investigate such person,
firm or corporation whose license has not been renewed, or any other
person. firm or corporation who has been reported to him as selling
intoxicating liquor as defined in the provisions of this ordinance
without first obtaining a license as provided herein, and if such
person, firm or corporation is selling intoxicating liquor as de-
fined herein, it shall be the duty of said Marshall to arrest such
person, firm or offical of any such corporation and report such
arrest to the City Attorney for proper disposition.
Section 17. No intoxicating liquor as defined. in this or-
dinance shall be drunk, consumed or publicity exhibited, in a public
dining room, restaurant, lunch room,' soda fountain, or any place
where meals or lunches and soft drinks are served where the owner
or owners, or manager exhibit in the premises signs or placards
to the effect that intoxicating liquor may not be drunkin or
about the premises, such signs or placards to be of sufficent
size and in sufficient number to be easily discernible to the
general public.
Section 18. No license of any character as required under
the provisions of this ordinance shall be issued to any person,
co-partnership or corporation unless the applicant therefor and
person, firm or corporation to be licensed thereby, has been a
resident tax paying citizen of the City Jefferson for a period of
twelve (12) months immediately preceeding the date of the applica-
tion for said license.
Section 19. It is hereby declared unlawful for any .person,
firm, co-partnership, association or corporation to violate any of
the terms of this ordinance, and any person, firm, co-partnership,
association or corporation convicted of the violation of any of
the terms hereof, shall be deemed guilty of a misdemeanor and upon
conviction sah11 be punished by a fine of not more than One Thousand
Dollars (19000.00) , of imprisoment in jail for not more than one
year, or by both such fine and impr.isoment.
Passed Jan. 25 1934 Approved Jan. 25 1934 f'
Meahe Ray deans Ray
President of the Council Mayor