HomeMy Public PortalAboutORD14533 BILL NO. 2009-12
SPONSORED BY COUNCILMAN Koon
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
4 (ALCOHOLIC BEVERAGES) TO REVISE THE APPLICATION PROCESS AND
REORDER THE CHAPTER.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. CHAPTER 4(Alcohol),of the Code of the City of Jefferson, Missouri,
is hereby deleted and a new Chapter is enacted in lieu thereof as follows:
CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE I.IN GENERAL
Sec.4-1.Definitions.
For the purposes of this chapter,the following words and phrases shall have the meanings respectively ascribed
to them by this section:
Block. A square block as platted in the plat of the city.
Closed place. A place where all doors are locked and where no patrons are in the place or about the premises.
State law reference-Similar provisions,RSMo. § 311.290.
Club. Buildings and facilities owned or operated by a corporation,association,person or persons for a social,
educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is
customarily carried on as a business.(Ord.No. 12729,§ 1,3-2-98)
Distributors or wholesalers. Persons selling intoxicating liquors to retailers for resale.
Food service establishment. Any place where food is prepared and intended for individual portion service,
and includes the site at which individual portions are provided. The term includes any such place regardless of whether
consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes
delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include
private homes where food is prepared or served for individual family consumption,retail food stores,the location of
food vending machines and supply vehicles. (Ord.No. 12729,§ 1,3-2-98)
Intoxicatine liquor. Alcohol for beverage purposes,alcoholic,spirituous,vinous,fermented,malt or other liquors,
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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 three and two-tenths(3.2)percent alcohol by weight.
State law reference-Similar provisions,RSMo. § 311.020.
Nonintoxicating beer. 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 not less than one-half of one percent by volume and not exceeding
three and two-tenths percent by weight.
State law reference-Similar provisions,RSMo. § 312.010(2).
Original package. Any package containing three(3),six(6),twelve(12)or twenty-four(24)small standard beer
bottles and any package containing three (3), six (6) or twelve (12) large standard beer bottles, when such bottles
contain nonintoxicating beer as defined by this chapter or the laws of the state.
State law reference-Similar provisions,RSMo. § 312.010(3).
Premises. The licensed prernises,the RaLking lots and the area around the business which is owned used..
or maintained as part of the business and an area surrounding the establishment measuring fifty feet in all
directions from each entrance or exit to the establishment provided.however,that in no event shall the premises
be less than the property boundary-or lot o which the establishment is located.
Public playground and public nark. Parks or playgrounds,the title to which is in the city or the school board of
the city,school district,or the park board of the city.
Public school. A public schoolhouse erected and constructed at the expense of the taxpayers of the city and used
as a building wherein educational facilities are provided and paid for by direct taxation against all the property in such
school district.
Restaurant bar. Any establishment having a restaurant or similar facility on the premises,at least fifty(50)percent
of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which
has an annual gross income of at least two hundred seventy-five thousand dollars ($275,000.00) from the sale of
prepared meals or food consumed on such premises.
(Code 1977, § 5-1)
State law reference-Similar provisions,RSMo. § 311.097.
Sec.4-2.Liquor Control Board.
A. The public policy of the state and the city is that the holding of licenses to sell intoxicating liquors or
nonintoxicating beer is a privilege and not a right. The provisions of this section are designed to ensure that liquor or
nonintoxicating beer licenses are granted only to persons of responsible and moral character.
B. There is hereby established for the city a Liquor Control Board which shall be composed of the Fire Chief,
the Assistant Director of Community Development and Finance Director,who shall serve as chairman of the board.
< .(Ord.No. 13301,
§3, 11-5-2001;Ord.No. 13910, §1, 8-1-2004)
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r shaii F
applicant, the Minflalso applY tile cliterin set out it,.. w
1 imme m ithout ffist ha Y ing obtain'd and .e V ic VV ed tile,econTITICTIdatioirc of the puliee chief- Tit,boa,d slri!i i to t b
,eqttiTed to hold any any -
.
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f3-AH applications fin licenses mid all P&itions So filed Mith Inch application.shail be iefened bN die bee
on 2fli appficationg to die m.mbet s of die boax d. Tile xeview ofthe applications fbz license simil tro,nrally be completed
E.
hCerlle,Of Mry 667:=MMialtailliII6 a residence,place ofb i ing propeity wffltin six handmd(666)feeto
lile PlOpelty UPOIT Which Hle ficensed establishillent is located,may fite a petitimt"iIh tile"ity CoMICH Within ten(i e)
&ys aftet the action b� tire b=d appealit1k;Said Mtiwl. f he imiitl0f eOntiv!Duaid shmH have Hm finalatithoi ity and
, .. 3, fO 26 86,8M.No. 9FH,§ i, ,§ i,
Sec.4-3.Term; proration of fee; renewals;penalties.'
A. A license to emaye in the manufacture,brewing,,sale or distribution of intoxicatin?
liquors,shall be issued a to conduct business in the city for a term to expire with the thirtieth day of June next
succeedina the date of such license. Of the license fee to be paid for any such license,the applicant shall pay, as
many twelfths as there are months(part of a month counted as a month)remaining from the date of the license
to the next succeeding July first.
B. Applications for renewal of licenses must be filed on or before the first day of Mav of each calendar
year.
C. In case of failure to submit the completed renewal application required under
subsection B of this section on or before the first dav_of May,,there shall be added to the amount of the renewal
fee a late charee of one hundred fifth dollars from the second day of May to the last day of May; a late charge
of two hundred fifty dollars if the renewal application is submitted on the first„day of June to the last day of
June•or a late char 2e of three hundred dollars if the renewal application is submitted after the last day of June.
tim lie=se fco,eti ipecified by Otis chapter and other ordillaMCS of the City,Mid any penalty dtle fl=4
Corr,
Sec.4-4.State license required.
Before the finance department shall have authority to issue a license pursuant this Chapter,the applicant for such
license shall pay the proper fees as hereinafter required and shall present to the finance department the license issued
by the state authorizing the applicant to engage in the business for which a city license is sought. It shall be unlawful
for the finance department to issue a city license without first having seen and inspected the applicant's state license
authorizing the applicant to conduct the business for which a city license is sought.
(Code 1977, § 5-29)
1 Copies State law 311.240
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Secs.4-5-4-14.Reserved.
ARTICLE II.INTOXICATING LIQUOR
DIVISION 1.GENERALLY
Sec.4-15.Sales to Minors,Drunkards,etc.
A. It shall be unlawful for any person or his employee to sell or supply intoxicating liquor, or to permit
intoxicating liquor to be sold or supplied,to:
1. An habitual drunkard,
2. Any person who is apparently under the influence of intoxicating liquor,and
3. Any person under twenty-one(2 1)years of age.
B. The provisions of subsection(A)shall not:
1. Prohibit a parent or guardian from procuring for, selling, giving away or otherwise supplying
intoxicating liquor to his child,provided such child is under the age of twenty-one(2 1)years.
2. Apply to the supplying of intoxicating liquor to a person under the age of twenty-one(2 1)years for
medical purposes only,or to the administering of intoxicating liquor to any person by a duly licensed
physician.
(Ord. 14316, §1, 1-22-2008)
State law reference-Similar provisions,RSMo. § 311.310;municipal authority to prohibit sale of intoxicating
liquor to minor or habitual drunkard,RSMo. §77.570.
Sec.4-16.Purchase or possession by minors.
A. It shall be unlawful for any person under the age of twenty-one(21)years to purchase,attempt to purchase
or have in his possession any intoxicating liquor.
B. It shall be unlawful for any person under the age of twenty-one(2 1)years of age to operate,ride,drive,occupy
or sit in any automobile,whether moving or not,containing intoxicating liquor. Any operator,passenger or occupant
of an automobile under the age of twenty-one(2 1)years shall be deemed to be in possession of any intoxicating liquor
found in such automobile;provided,that this section shall not apply where the automobile is occupied by the parent
or legal guardian of one of the persons under the age of twenty-one(2 1)years,and the parent or legal guardian is over
the age of twenty-one(2 1)years.
(Ord. 14316, §1, 1-22-2008)
State law reference-Purchase,or possession,by minor prohibited,RSMo. §311.325.
Sec.4-17.Public consumption.
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It shall be unlawful for any person to consume intoxicating liquors upon any public street,sidewalk,alley,or public
building,it shall be unlawful for any person to consume intoxicating liquors on or in any establishment,business or
parking lot generally open to the public unless a liquor license has been issued for that establishment,business or
parking lot. When a license permits the sale and consumption of intoxicating liquor outside a building,such sale and
consumption shall cease at 10:00 p.m. f
(Code 1977, § 5-5;Ord.No.9978,§ 2,6-6-83;Ord.No. 11402 § 1,5-7-90)
Sec.4-18. "No drinking" signs.
No intoxicating liquor shall be drunk,consumed or publicly exhibited in a public dining room,lunchroom,soda
fountain or any place where meals or lunches and soft drinks are served,where the owner or manager exhibits in the
premises signs or placards to the effect that intoxicating liquor may not be drunk in or about the premises. Such signs
or placards shall be of sufficient size and in sufficient number to be easily discernible to the general public.
(Code 1977, § 5-8)
Sec.4-19.Authorized liquors on licensed premises.
It shall be unlawful for the holder of any license authorized by this article for the sale of any intoxicating liquor
at retail by the drink for consumption on the premises where sold to keep or secrete,or to allow any other person to
keep or secrete in or upon the premises described in such license,any intoxicating liquor other than the kind of liquor
expressly authorized to be sold by such license or any kind of liquor used exclusively as an ingredient in any foods
being prepared and sold on the premises.(Ord. 14316, §1, 1-22-2008)
State law reference-Similar provisions,RSMo. § 311.330.
Sec.4-20.Opening and closing hours.
A. No person having a license under this article, or any employee of such person, 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. Sunday
and 6:00 a.m. Monday except as permitted herein. If the person has a license to sell intoxicating liquor by the
drink,his premises shall be and remain a closed place between the hours of 1:30 a.m.and 6:00 a.m.on weekdays
and between the hours of 1:30 a.m.Sunday and 6:00 a.m.Monday except as permitted herein. Where such licenses
authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels,this section shall apply only to
the rooms in which intoxicating liquor is dispensed. Any person violating any provision of this section shall be
deemed guilty of a code violation and where such licenses are held by restaurants whose business is conducted in
one room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed,
then the licensee shall keep securely locked during the hours and on the days specified in this section all
refrigerators,cabinets,cases,boxes and taps from which intoxicating liquor is dispensed. Nothing in this section
shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of
the days specified in this section by a wholesaler licensed under the provisions of Section 311.180 of the Revised
Statutes of Missouri to a person licensed to sell the intoxicating liquor at retail.
B. When December 31 st(New Year's Eve),January 1 st(New Year's Day),March 17th(St.Patrick's Day)or July
4th(Independence Day)falls on Sunday and including 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 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
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chapter or any other provision of law to the contrary. (Ord. 14316, §1, 1-22-2008).
C. 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 board of liquor control may issue,a license to sell intoxicating
liquor,as in this chapter defined,between the hours of 1 1:00 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
six thousand (6,000) square feet, and where games of skill commonly known as bowling, soccer, billiards,
volleyball,and indoor golf are usually played,or has a dance floor of at least two thousand five hundred(2500)
square feet,or any outdoor golf course with a minimum of nine holes and which has annual gross receipts of at
least one hundred thousand dollars($100,000.00)of which at least fifty thousand dollars($50,000.00)of such
gross receipts is in non-alcoholic sales. . (Ord. 14316, §1, 1-22-2008)
D. Notwithstanding any other provisions of this chapter to the contrary,any 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)(8), 501(c)(10), 501(c)(19), or 501(d) of the United States
Internal Revenue Code of 1954,as amended,may apply for,and may be issued,a license to sell intoxicating liquor
between the hours of 11:00 a.m.on Sunday and midnight on Sunday by the drink at retail for consumption on the
premises described in the application. All provisions of this chapter shall apply to organizations licensed under
this subsection. In addition to all other fees required by law of this Code, an organization licensed under this
section shall pay an additional fee of three hundred dollars($300.00)a year,payable at the same time,and in the
same manner,as its other license fees.
State law reference-Similar provisions,RSMo. § § 311.290,311-298.
E. Notwithstanding any other provisions of this Chapter to the contrary,person who possesses the qualifications
required by this Chapter,and who now or hereafter meet the requirements of and complies with the provisions of
this Chapter,may apply for,and the board of liquor control may issue,a special license to sell intoxicating liquor
in the original package at retail,as defined in Section 311.200 RSMo 1986 between hours 9:00 a.m.and midnight
on Sundays.
(Code 1977, § 5-23;Ord.No.9405,§ 1,3-31-80;Ord.No. 10079,§ 1(5-23(c)), 10-3-83;Ord.No. 10273,
§ 1,9-4-84;Ord.No. 11916, § 1,6-7-93)
Sec.4-21.Druggists may sell and physicians prescribe liquor.
Any druggist may have in his possession intoxicating liquor purchased by him from a licensed vendor under a
license pursuant to this law,or intoxicating liquor lawfully acquired at the place of acquisition and legally transported
into this state,and lawfully inspected,gauged and labeled as provided for by law,such intoxicating liquor to be used
in connection with the business of a druggist,in compounding medicines or as a solvent or preservant;provided,that
nothing in this article shall prevent a regularly licensed druggist,after he procures a license therefor in compliance with
law, from selling intoxicating liquor in the original packages, but not to be drunk or the packages opened on the
premises where sold; and provided further, that nothing in this article shall be construed as limiting the right of a
physician to prescribe intoxicating liquor in accordance with his professional judgment for any patient at any time,or
prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician as
above provided.
(Code 1977, § 5-24;Ord.No. 12220, §§1 &2, 1-23-95 )
State law reference-Similar provisions,RSMo. § 311.470.
Sec.4-22.Possession of open container of alcoholic beverage or consumption of alcoholic beverage in certain
public places.
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A. It shall be unlawful for any person to possess any alcoholic beverage on any street,sidewalk or city parking
facility unless such alcoholic beverage is in the original container and the seal is unbroken,except as permitted
by state statute.
B. It shall be unlawful for any person to consume any alcoholic beverage on any street,sidewalk or city parking
facility.
C. The definition of"alcoholic beverages"contained in Chapter 4 shall apply to this section.
D. This section shall not apply to possession or consumption of any alcoholic beverage in a licensed motor
vehicle.
E. This section shall not apply to the possession or consumption of alcoholic beverages served by an
establishment licensed under the provisions of sections 32-230 to 32-232 and consumed within licensed premises,
provided that the restrictions of the license are observed.
F. A violation of this section shall be punishable by a fine of not less than twenty-five dollars($25.00)nor more
than Five Hundred Dollars($500.00)or imprisonment for not more than ninety(90)days or both.
G. In prosecutions under this section,there is a rebuttable presumption that a container marked or labeled as
containing an alcoholic beverage actually contains the described alcoholic beverage.This rebuttable presumption
applies only in cases where a sample of the contents of the container has been preserved and is available to the
defendant for testing.
(Ord.No. 13911, §1,8-1-2005)
Section 4-23.Misrepresentation of age by minor to obtain liquor--use of altered driver's license,passport or I.D.
cards,penalties.
A. Any person of the age of seventeen years and under the age of twenty-one years who shall represent that he has
attained the age of twenty-one years for the purpose of purchasing, asking for or in any way receiving any
intoxicating liquor,except in cases authorized by law,shall upon conviction be deemed guilty of a code violation.
B. In addition to any other penalties established in subsection A.of this section any person who is less than twenty-
one years of age who uses 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, shall be guilty of a code violation and shall be subject to a fine of five hundred dollars for each separate
offense
(Ord. 14316,§15 1-22-2008)
Secs.4-24-4-30.Reserved.
DIVISION 2.LICENSES
Sec.4-31.Required.
It is unlawful for any person, either by himself or through the use of agents or servants, to engage in the
manufacture,brewing,sale or distribution of intoxicating liquors without first having taken out and obtained a license
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authorizing such manufacture,brewing,sale or distribution,in compliance with the terms of this chapter.
(Code 1977, § 5-11)
Sec.4-32.Application.
Before any license shall be issued pursuant to the provisions of this division,the applicant therefor shall apply in
writing to the finance department,giving the location of the place of business including the specific areas inside or
outside the building to which the license is to apply,the names of all parties interested in the business to be operated
under such license,except in the case of a corporation when the name of the president,secretary and manager only need
be given. An application for consumption on premises must be accompanied by a food inspection report with has been
completed by the Department of Community Development within 365 days of the date of the application.
(Code 1977,§ 5-12;Ord.No.9978, §3,6-6-83;Ord.No. 14470, §1,2-16-2009)
Sec.4-33. Applications reviewed by Liquor Control Board and the Police Chief.
All applications for licenses and all petitions so filed with such applications shall be referred by the license
inspector to the Liquor Control Board by transmitting all applications to the RQlkg chief who shall review and
make recommendation on all applications to the Liquor Control Board. The review of the applications for
license shall normally be completed and returned to the finance department within ten(10)working days of
the date of the application. The Liquor Control Board shall also draw Mg and approve a form of application
which the finance department shall use.
Sec.4-34. Approval or Denial of applications for new liquor licenses.
A. No license shall be issued pursuant to the provisions of this division without the approval of the Liquor
Control Board.
B.The Li uor Control Board shall approve a new application if the Li uor Control Board determines that
the applicant has complied with the laws of the City pertaining to liquor establishments and is of good moral
character. Licenses shall only Le g ranted to person s of good character. In determining the good character of
the applicant,the Li uor Control Board shall also apply the criteria set out in Section 4-41 of this Code. The
Liquor Control Board shall not approve a license without first having obtained and reviewed the
recommendations of the op lice chief. The Li uor Control Board shall not be required to hold any hearing of
any kind whatsoever in determining whether a new license shall be rg anted or an old license renewed.
C. Upon approval of a new liquor license,the Liquor Control Board shall rn ovide licensee with a list of all
residences, 1p aces of business and owners of property within six hundred(600)feet of the property upon which
the licensed establishment is located. It shall be an obligation of the Licensee to notify said individuals of the
granting of a liquor license to the licensee. The Li uor Control Board may promulgate a Notice form to be used
by the Applicant. It shall be the burden of licensee to demonstrate Notice was provided.
D. If the Liquor Control Board determines that the applicant has failed to comply with
the laws of the City,the Liquor Control Board shall not issue the license and shall notify the applicant of the
denial,the reasons for the denial,and the applicant's ri ht to an appeal pursuant to section 4-36.
(Ord.No.9611, § 2(5-34.3),4-21-81)
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Sec.4-35. Approval or Denial of applications for renewal of a liquor licenses
A. A liquor license shall not be renewed without the approval of the Liquor Control Board or by the Li uor
Control Board uRon anneal of a decision by the Liquor Control Board.
B. The Liquor Control Board shall approve a timely filed renewal of an application for renewal of a current
liquor license unless the Li uor Control Board has received complaints durin the preceding license term,or
receives obiections to the application. If such complaints or objections are received,or if the application is not
timely filed,the Liquor Control Board shall review the application and determine if the applicant has complied
with the laws of the City pertaining to liquor establishments. The Li uor Control Board shall not be required
to hold any hearin of any kind whatsoever in determining whether a new license shall be r2 anted or an old
license renewed.
C. If the Liquor Control Board determines that the applicant has failed to comely with the laws of the City,
the Liquor Control Board shall not issue the license and shall notify the applicant of the denial,the reasons for
the denial,and the applicant's right to an anneal pursuant to section 4-36.
(Ord.No.9611,§2(5-34.3).4-21-81)
Sec.4-36.Appeals to the Li uor Control Board.
A. Any applicant aggrieved by the decision of the Lig nor Control Board to deny or refuse to renew a liquor
license may file a etp ition with the Liquor Control Board within ten(10)days after the action by the Liquor
Control Board appealing said action.
B. Any citizen,who at the time a new license is granted,is maintaining a residence, Ip ace of business,or
owning property within six hundred(600)feet of the property upon which the licensed establishment is located,
aggrieved by the decision of the Liquor Control Board to approve a new liquor license,may file a etp ition with
the Li uor Control Board until the expiration of ten(10)days following notice as provided in 4-72C,of a new
licence v the Liquor Control Board appealing said action. The ten (10)period does not begin to run until
delivery of the notice to the citizen.
C. The Lig nor Control Board shall have the final authority and may act as it deems appropriate under law.
d
.961 , . 2 ) . ilio. t 1547,
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Sec.4-37.Classification; fees.
A. The following license fees shall be paid annually for licenses required by this division:
1. For manufactures and brewers of malt liquor containing not in excess of five percent of alcohol by
weight and sellers to duly licensed wholesalers and soliciting orders for the sale of malt liquors
containing not in excess of five percent of alcohol by weight,to,by or through a duly licensed
wholesaler within this city,the sum of three hundred seventy five dollars;
2. For manufactures of intoxicating liquor containing not in excess of twenty-two percent of alcohol
by weight and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale
of intoxicating liquor containing not in excess of twenty-two percent of alcohol by weight,to,by
or through a duly licensed wholesaler within this city,the sum of three hundred dollars;
3. For Manufacturers,distillers or blenders of intoxicating liquor of all kinds within the City and
sellers to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all
kinds,to,by or through a duly licensed wholesaler within this city,the sum of six hundred and
seventy five dollars;
4. For wholesalers and solicitors of orders for the sale of malt liquor containing not in excess of five
percent of alcohol by weight,to,by or through a duly licensed wholesaler within the City,the sum
of seventy five dollars;
5. For sellers to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor
containing not in excess of twenty-two percent of alcohol by weight,to,by or through a duly
licensed wholesaler within this city,the sum of one hundred fifty dollars;
6. For sellers to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of
all kinds,to,by or through a duly licensed wholesaler within this city,the sum of three hundred
and seventy five dollars;
7. For sellers of intoxicating liquor containing not in excess of five percent of alcohol by weight by a
wholesaler to a person duly licensed to sell such malt liquor at retail and the privilege of selling to
duly licensed wholesalers and soliciting orders for the sale of malt liquor containing not in excess
of five percent of alcohol by weight,to,by or through a duly licensed wholesaler within this city,
the sum of one hundred fifty dollars;
8. For sellers of intoxicating liquor containing not in excess of twenty-two percent of alcohol by
weight by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail and the
privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating
liquor containing not in excess of twenty-two percent of alcohol by weight,to,by or through a
duly licensed wholesaler within this city,the sum of three hundred dollars;
9. For sellers of intoxicating liquor of all kinds by a wholesaler to a person duly licensed to sell such
intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting
orders for the sale of intoxicating liquor of all kinds,to,by or through a duly licensed wholesaler
within this city,the sum of seven hundred fifty dollars,except that a license authorizing the holder
to sell to duly licensed wholesalers and to solicit orders for sale of intoxicating liquor,to,by or
through a duly licensed wholesaler,shall not entitle the holder thereof to sell within the City,direct
to retailers.
10. For the sale of malt liquor containing alcohol in excess of three and two-tenths percent by weight
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and not in excess of five percent by weight by grocers and other merchants and dealers in the
original package direct to consumers but not for resale,a fee of seventy five dollars per year
payable to the City shall be required.The phrase'original package"shall be construed and held to
refer to any package containing three or more standard bottles of beer.This license shall also
permit the holders thereof to sell nonintoxicating beer in the original package direct to consumers,
but not for resale.Notwithstanding the provisions of section 311.290,any person licensed
pursuant to this subsection may also sell malt liquor at retail between the hours of 9:00 a.m. and
midnight on Sunday.
11. For the sale of malt liquor at retail by drink for consumption on the premises where sold,the
licensee shall pay to the City the sum of seventy five dollars per year,which license shall also
permit the holder thereof to sell nonintoxicating beer as defined in chapter 312,RSMo.
Notwithstanding the provisions of section 311.290,any person licensed pursuant to this subsection
may also sell malt liquor at retail between the hours of 9:00 a.m.and midnight on Sunday.
12, For the sale of malt liquor and light wines containing not in excess of fourteen percent 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 of revenue the
sum of seventy five dollars per year,which license shall also permit the holder thereof to sell
nonintoxicating beer as defined in chapter 312,RSMo.
13. For the sale of all kinds of intoxicating liquor,at retail by the drink for consumption on premises
of the licensee,the licensee shall pay to the City the sum of four hundred fifty dollars per year,
which shall include the sale of intoxicating liquor in the original package.
14. For the sale of intoxicating liquor in the original package,not to be consumed upon the premises
where sold,the licensee shall pay to the City the sum of one hundred fifty dollars per year.Under
such license,no intoxicating liquor shall be consumed on the premises where sold nor shall any
original package be opened on the premises
15. For the sale of intoxicating liquor in the original package at retail between the hours of 9:00 a.m.
and midnight on Sundays pay an additional fee of three hundred fifty dollars a year payable at the
same time and in the same manner as its other license fees.
16. For any person possessing the qualifications and meeting the requirements of this chapter who
wish to conduct wine tastings on the premises who are otherwise licensed to sell intoxicating
liquors in the original package directly to the consumer,and fee shall be$25 per year in addition
to any other license fees.
17. For retailers operating a club or food service establishment deriving over ninety percent(90%)of
gross revenue from activities,services and sales,not including sales of alcoholic beverages,the
fee shall be one hundred dollars($100.00)in addition to any other license fees. (Ord.No. 12729,
§2,3-2-98)
B. The license fees referred to in subsection(a)shall be paid on an annual basis,with such annual fee due on
February 1 of each year.
(Ord.No. 12220, §§1 &2, 1-23-95;Ord. 14316, 1-22-2008)
Sec.4-38.Reserved.
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Sec.4-39.Form and contents of license.
A. All licenses shall be issued by the finance department upon the proper forms. Each license 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 or consumption on the premises or authorizing the sale only in the
original package,not for consumption on the premises,or whether such license issued is for both the sale in the original
package and for consumption on the premises where sold.
B. All licenses authorizing the sale of intoxicating beverages for consumption on the premises shall
specify whether the authority extends to the building,parking lots or other adjacent premises.
(Code 1977, § 5-17;Ord.No. 9978, § 2,6-6-83)
Sec.4-40.Miscellaneous licensing duties of finance department and police chief.
The finance department shall keep a complete record of all licenses issued,the date when issued and all license
fees collected by reason of the issuance of such licenses. The finance department shall report to the council at the first
regular meeting of each month all license fees collected,by whom paid and to whom such licenses have been issued.
The finance department shall also report monthly to the city council a list of all persons who have been licensed under
the provisions of this division and who have failed or neglected to renew such license at its expiration. The finance
department shall deliver a copy of such report to the chief of police of the city,and it is hereby made the duty of the
chief of police of the city to investigate such person whose license has not been renewed,or any other person who has
been reported to him as selling intoxicating liquor without first obtaining a license as provided herein, and if such
person is selling intoxicating liquor without such license,it shall be the duty of the chief of police to arrest such person
and report such arrest to the city prosecutor for proper disposition.
(Code 1977, § 5-18;Ord.No. 11547, § 1,3-20-91)
Sec.4-41.Suspension or revocation generally.
A. The Lia uor Control Board bom d may,in addition to other penalties provided by ordinance,suspend
or revoke a license issued pursuant to this division if the licensee or his employees or agents shall have been shown to
be guilty of,to have violated,or to be involved in,any 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 licensee;
2. A conviction of a crime involving a felony by licensee or any of the officers or the
managing officer of licensee;
3. Any false,misleading or fraudulent statement of fact in the license application for the
licensee 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;
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7. Conduct by the officers,employees,or managing officers of the licensee such as pubfic
of-drunkenness when working or while on the premises,indecent exposure when working
or when on the premises or other conduct which violates this chapter or which shows
improper conduct by an individual who is licensed pursuant to this division. For
purposes of this chapter, the term "premises" shall include the licensed premises, the
parking lots and the area around the business which is owned,used,maintained as part
of the business and an area surrounding the establishment measuring fifty feet in all
directions from each entrance or exit to the establishment provided however that in no
event shall the premises be less than the property boundary or lot on which the
establishment is located.
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. The licensee
shall take reasonable steps,based on past incidents,to prevent persons who have recently
left the establishment or who are waiting to enter the establishment from disturbing the
peace,fighting,discharging firearms,or threatening or intimidating passers by,and shall
not permit such persons to engage in lewd or lascivious conduct,gambling,or urinating
or defecating in public.
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.
10. Failure to cooperate fully with the police,the Liquor Control Board,fire department,city
code inspectors, or any law enforcement agency.
11. Any establishment, except private clubs shall be open to the police, Liquor Control
Board,fire department,city code inspectors,and all law enforcement agencies at all times
while the public is present and they shall not be obstructed by a locked door.
B. The Liquor Control Board shall notify the licensee in writing of any intended action and the reasons
therefor,and of the right to request a an appeal hearing before the Liquor Control Board in regard thereto. The
action indicated in the written notice shall be final unless the licensee shall file a written request for hearing with the
city clerk within ten(10)days of the notice. if 3 MqtICSt fOL hCari,19 ig I C,Ci Md,
wiffy section 4-45.
C. In addition to suspending or revoking a license the Liquor Control Board may place a licensee under
probation for a period not to exceed one year. If the Licensee violates the terms of the probation the Board may
suspend or revoke the licensee's license.
(Code 1977,§§5-21,5-22;Ord.No.9611,§ 1,4-21-81;Ord.No.9713,§2, 12-7-81;Ord.No. 13910,§3,8-1-2005)
D. Any applicant aggrieved by the decision of the Liquor Control Board under this section may
file a petition with the Li uor Control Board within ten(10)days after the action-ba the Liquor Control Board
appealing said action. The Li uor Control Board shall have the final authority and may act as it deems
appropriate under law including all owers rg anted to the Li uor Control Board under this chapter.
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Sec.4-42 Hearings before the Liquor Control Board.
A. For any appeal to the Liquor Control Board,Tthe Board may request the City Counselor to
investigate any suspected violation and make recommendations as to Board action.
B.
evoke.01 leyUke said ficense nmy tequest a hearhig bcfbrc die Board. Recluesis f6t such hentingg shall be filed Mith 111C City
Upon receipt of a timely written
request for hearing,the board,or a hearing examiner designated by the board,shall call a hearing and shall set forth
in writing and send to the applicant or licensee or permittee, by means of registered mail, certified mail or hand
delivery,notice that within a period of not less than five(5)days nor more than fourteen(14)days from the date of the
posting of said notice,a hearing shall be conducted to determine the existence of any facts which constitute grounds
for the suspension or revocation of a license or permit. The notification shall include the date,time and place of the
hearing.
C. For all hearings before the Li uor Control Board
,the City Counselor shall act as prosecutor on behalf of the board
Liquor Control Board and shall serve as council for the Li uor Control Board.
D. The Board is hereby authorized to appoint a hearing examiner who shall have authority to conduct
the hearing as set forth herein. At least two(2)members of the board shall be in attendance. The applicant or licensee
may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event
that the applicant or licensee fails to appear at the hearing, the evidence of the existence of facts which constitute
grounds for the denial,suspension or revocation of the license or permit shall be considered unrebutted. The hearing
need not be conducted according to the rules of evidence. Any relevant evidence may be admitted and considered by
the board if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious
affairs. Objections to evidence shall be noted and a ruling given by the hearing examiner. A copy of the decision of
the hearing examiner specifying findings of fact and the reasons for the decision shall be furnished to the applicant or
licensee. For purposes of appeal,the decision of the hearing examiner,if ratified by the board,shall be final.
E. Upon a final decision being rendered,the parties shall be informed of the right to appeal under the
provisions of the Administrative Procedure Act. Any decision not appealed within thirty(30)days from the date of
the decision is final.
(Ord.No. 9611, § 1(5-21.1),4-21-81;Ord.No.9713, § 2, 12-7-81;Ord.No. 11547, § 1,3-20-91;Ord.No. 13910,
§4,8-1-2005)
Sec.4-43-4-49.Reserved.
DIVISION 3. LIMITATIONS AND TEMPORARY LICENSES
Sec.4-50. Sales near churches,schools,parks,etc.
A. No license shall be issued authorizing sale of intoxicating liquor to be consumed on the premises where
sold,where such premises are located within two hundred fifty(250)feet of any church,public or parochial school,
or within one hundred(100)feet of any public grounds or public parks;provided,that where such premises are within
two hundred fifty(250)feet of a public school,as herein defined,the provisions of this section may be waived by the
board of directors of such school by proper written instrument,which shall be filed with the city clerk and passed upon
by the board of liquor control.
B. For the purpose of determining such distance between such premises and churches,public or parochial
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schools,measurement shall be had in the most direct line from the front door of the licensed premises where such
intoxicating liquor is sold to the front door of the church or school building.
C. For the purpose of determining such distance as between such premises where liquor is sold to be
consumed on the premises and the public park or playgrounds,measurement shall be had from the public entrance of
such park or playground in the most direct line to the front door of the building where such intoxicating liquor is sold.
D. Nothing contained in this section is intended to affect the authority to renew licenses properly issued
prior to the effective date of this section.
(Code 1977, § 5-9;Ord.No. 10096,§ 1(5-9), 11-7-83)
State law reference-Sales near churches,RSMo. § 311.080.
Sec. 4-51. Transfer; use for premises other than those for which issued; required for each place of business
requiring state license.
No license issued under authority of this division shall be transferred from one person to another,nor shall
such license be used at any place except on the premises for which such license is issued. A proper license shall be
procured for each place of business for which a state license is required. A license may be transferred from one location
to another location;an application for the transfer shall be processed in the same manner as an application for a new
license and shall be accompanied by a twenty-five($25.00)transfer fee.
(Code 1977, § 5-20;Ord.No.9774, § 1,4-20-82)
Sec.4-52. View from Street.
In premises upon which the sale of alcoholic liquor for consumption on the premises is licensed(other than
as a restaurant bar)no screen,blind,curtain,partition,article or thing shall be permitted in the windows or upon the
doors of such licensed premises nor inside such premises,which shall prevent a clear view into the interior of such
licensed premises from the street,road or sidewalk at all times,and no booth,screen,partition or other obstruction nor
any arrangement of lights or lighting shall be permitted in or about the interior of such premises which shall prevent
a clear view of the entire interior from a distance of at least six feet from the window or door after sunset.All rooms
where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural
light or artificial white light so that all parts of the interior of the premises shall be clearly visible.In case the view into
any such licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee or by him
wilfully permitted to be obscured or in any manner obstructed,then such license shall be subject to revocation in the
manner herein provided.In order to enforce the provisions of this section,the City Administrator shall have the right
to require the filing with him of plans,drawings and photographs showing the clearance of the view as above required.
(Ord. 13910, §2, 8-1-2005)
Sec.4-53.Effect of revocation on reissuance of license.
Whenever the city has revoked a business license it shall be necessary,before any license is issued to operate
a liquor establishment at the same location, that the procedures for issuance of a license be followed as set forth in
sections 4-2 and 4-37 of this Code.
(Ord.No.9611, § 1(5-21.2),4-21-81;Ord.No.9713, §2, 12-7-81)
Sec.4-54.Permit and fee requirements for temporary locations for liquor by the drink.
A. A temporary permit may be issued to caterers and other persons holding licenses to sell intoxicating
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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.,effective for a period not to exceed one
hundred twenty(120) consecutive hours, which 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 in the city.
B. All provisions of this chapter shall extend to the premises where the function,occasion or event is held,
and shall be in force and enforceable during all the time that the permittee,its agents,servants,employees,or stock are
on such premises. This section will not include the sale of packaged goods covered by this temporary permit.
C. For every permit issued pursuant to the provisions of this section,the permittee shall pay the sum of
fifteen dollars($15.00)for each calendar day,or fraction thereof,for which the permit is issued.
(Ord.No. 10272, § 1,9-4-84)
Sec.4-55.License for consumption on premises
A. It shall be unlawful for any person operating any premises where food,beverages or entertainment are
sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor,to permit the
drinking or consumption of intoxicating liquor in,on,or about the premises between 10:00 p.m. and 6:00 a.m. the
following day,without having a license as in this section provided.
B. Application for such license shall be made to the finance department on forms prescribed,describing
the premises to be licensed and giving all other reasonable information required by the form. The license shall be
issued upon the payment of the fee required in this section. A license shall be required for each separate premises and
shall expire on the thirty-first day of January next succeeding the date of such license. The license fee shall be three
hundred dollars per year.
tile date of tile ficense to die next stleceeding firit OFFObAUM7.
C. The drinking or consumption of intoxicating liquor shall not be permitted in, upon, or about the
licensed premises by any person under twenty-one years of age,or by any other person between the hours of 1:30 a.m.
and 6:00 a.m. on any weekday, and between the hours of 12:00 midnight Saturday and 12:00 midnight Sunday.
Licenses issued hereunder shall be conditioned upon the observance of the provisions of this section and the regulations
promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink.
The provision of this section regulating the drinking or consumption of intoxicating liquor between certain hours and
on Sunday shall apply also to premises licensed under this chapter to sell intoxicating liquor by the drink.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 a qualified legal voter and taxpaying citizen of the city.
D. Any premises operated in violation of the provisions of this section,or where intoxicating liquor is
consumed in violation of this section,is hereby declared to be a public and common nuisance.
E. Any person operating any premises,or any employee,agent,representative,partner,or associate of
such person,who shall knowingly violate any of the provisions of this section,or any of the laws or regulations herein
made applicable to the conduct of such premises,is guilty of a misdemeanor.
F. Nothing in this section shall be construed to prohibit the sale or delivery of any intoxicating liquor
during any of the hours or on any of the days specified in this section by a wholesaler licensed under the provisions of
section 311.180 RSMo to a person licensed to sell the intoxicating liquor at retail.
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G. No intoxicating liquor may be served or sold on any premises used as a polling place on election day.
(VAMS 311.480,Eating places,drinking of liquor on premises,license required,when,hours--regulations
--penalties--exceptions)(Ord.No. 12386, § 1, 1-8-96)
Sec.4-56.Limited permit,picnic license.
A. Notwithstanding the other provisions of this chapter,a permit for the sale of malt liquor as defined
in section 311.200 RSMo for consumption on premises where sold may be issued to any church,school,civic,service,
fraternal,veteran,political or charitable club or organization for the sale of such malt liquor at a picnic,bazaar,fair,
or similar gathering. Said permit shall be issued only for the day or days named therein and it shall not authorize the
sale of aforesaid malt liquor for more than seven days by any said organization as described above in any fiscal year.
B. To secure the permit,the applicant shall complete a form provided by the finance department. The
applicant shall pay a fee of thirty-five dollars for such permit.
C. If the event will be held on a Sunday,the permit shall authorize the sale of malt liquor on that day
beginning at 11:00 a.m.
D. At the same time that the applicant applies for a permit under the provisions of this section, the
applicant shall notify the director of revenue of the holding of the event and by such notification,by certified mail,shall
accept responsibility for the collection and payment of any applicable sales tax. Any sales tax due shall be paid to the
director of revenue within fifteen days after the close of the event,and failure to do so shall result in a liability of triple
the amount of tax due plus payment of the tax,and denial of any other permit for a period of three years. Under no
circumstance shall a bond be required by the applicant.
E. 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 license at such picnic,
bazaar,fair,or similar gathering.
(VAMS 311.215,Limited permit to sell malt liquor,who may obtain--time limited) (Ord.No. 12386, § 2,
1-8-96)
Sec.4-57 Temporary license for Fourth of July celebrations.
A. Other provisions of this chapter to the contrary notwithstanding,a permit for the sale of wine and malt
liquor containing alcohol in excess of three and two-tenths percent 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 fifteenth to July fifteenth 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 10:00 a.m.and
midnight and for not more than seven days by any such organization. The permit may be issued to cover more than
one place of sale within the general confines of the place where the gathering or event is held; provided,however,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 finance department
the sum of one hundred dollars. 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
at such gathering or event.
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B. As used in this section the term"wine"means a beverage containing not in excess of fourteen percent
of alcohol by weight.
(311.218.Fourth of July celebrations,temporary permits for wine and malt liquor for certain organizations,
fee)(Ord.No. 12386, § 3, 1-8-96)
Secs.4-58-4-59.Reserved
DIVISION 4 BEER KEG REGISTRATION
Sec.4-60: Beer Keg Registration required.
A. DEFINITIONS—As used in this Section,the following terms shall mean:
"KEG"—Any container capable of holding four gallons or more of beer,wine or intoxicating liquor
that is designed to dispense beer,wine or intoxicating liquor directly from the container for purposes
of consumption.
"REGISTRATION SEAL"—Any document,stamp,declaration,seal,decal,sticker or device
approved by the City that is designed to be affixed to kegs and that displays a registration number and
such other information as may be prescribed by the City.
"LICENSEE" — Shall mean any person holding a license within the City to sell beer, wine or
intoxicating liquor.
B. REGISTRATION DECLARATION/SEAL REQUIREMENT.-No licensee shall sell or lose control
of any beer,wine or intoxicating liquor in a keg without having registered the sale on a form prescribed by the City and
affixing a registration seal on the keg at the time of sale.
C. REGISTRATION DECLARATION—The Registration Declaration shall at least contain the
following:
(1) The name and address of the purchaser verified by valid identification as determined by
rules and regulations promulgated by the City.
(2) The type of identification presented by the purchaser.
(3) A statement signed by the purchaser acknowledges receipt of a keg containing beer or
cereal malt beverage that the purchaser is 21 years of age or older,does not intend to
allow persons under 21 years of age to consume the alcoholic beverages purchased,that
the purchaser acknowledges the penalty for providing alcohol to minors is a fine of up
to$500 or imprisonment for a period not to exceed 90 days, or by both such fine and
imprisonment,and that the purchaser will not remove or obliterate the keg registration
tax affixed to the keg or allow its removal or obliteration and that if the keg does not bear
the registration seal,or the registration seal has been altered,defaced or obliterated,then
the keg and its contents shall be subject to seizure and forfeiture.
(4) The particular address or location where the keg will be consumed,and the date or dates
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on which it will be consumed.
D. KEG RETURN—PROCEDURE TO BE FOLLOWED BY LICENSEE.-When a registered keg is
returned to the licensee,the registration seal shall be removed or obliterated and note of such action shall be made on
the registration records of the licensee.
E. Where the purchaser obtains more than one keg for consumption at the same location and on the same
date,only one keg registration declaration and receipt from need be completed. All other keg registration declaration
and receipt forms for that particular transaction shall contain the registration number from the fully completed form
as a reference and shall be signed by the purchaser. Such keg registration declaration and receipt forms which contain
the reference number of a fully completed form and which have been signed by the purchaser shall constitute a valid
and properly completed keg registration and declaration receipt.
F. The keg registration seal affixed to the keg may serve as the purchaser's receipt. Upon receipt of a
properly registered keg from a consumer,the Licensee shall remove and obliterate the keg registration seal from the
keg and shall note such action on the keg registration declaration and receipt form which shall be retained by the
licensee on the holder's premises. Kegs made of disposable packaging shall not have to be returned to the licensee.
The licensee shall indicate on the keg declaration and receipt form that the keg was not returnable due to its disposable
packaging.
G. For the purpose of tracing the kegs and purchaser responsibility,it shall be the responsibility of the licensee
to affix the properly completed and signed keg registration seal to all containers of four gallons or more of beer,wine,
or intoxicating liquor prior to the container leaving control of such licensee.
H. Except as provided in this section,no person shall remove,alter,deface or obliterate the
registration seal affixed to a keg. Disposing of empty kegs made of disposable packaging shall not constitute
obliteration of the keg registration seal. If any person is in possession of a keg containing beer,wine,or intoxicating
liquor in violation of this section and such keg does not bear the registration seal,or upon such keg the registration seal
has been altered,defaced or obliterated,then the keg and its contents shall be subject to seizure and forfeiture.
I. Except as authorized by the City, no person shall transfer possession of,or give the registered keg or
container to,another person. This subsection shall not apply to the return of the registered container to,another person.
This subsection shall not apply to the return of the registered container to the licensee.
J. VIOLATIONS.
It shall be a violation of this ordinance for any person, except as provided above,to remove,alter,
deface or obliterate any registration seal affixed to a keg, except that disposing of empty kegs made of disposable
packaging shall not constitute a violation.
K. SEIZURE OR FORFEITURE OF KEG.
If any person is in possession of a keg used for or containing beer, wine or intoxicating liquor in
violation of this ordinance,then the keg and its contents shall be subject to seizure or forfeiture.
L. RESPONSIBILITY TO MAINTAIN RECORDS.
Any licensee shall maintain a complete and accurate record of all registration forms and other
documentation of the sale of kegs at the place of business designated in the permit for a period of one year. Such
records regarding keg sale shall be open to inspection by the City or other law enforcement officers at a reasonable date
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and time.
M. PENALTY.
Any person who violates the terms of this ordinance shall upon conviction thereof be punished by a
fine of not more than$500,or by imprisonment not exceeding 90 days,or by both such fine and imprisonment.
N. SEVERABILITY.
If any section,subsection,subdivision,paragraph,sentence,clause or phrase in this section(s)or any
part thereof,is for any reason held to be unconstitutional or invalid or ineffective by a court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the remaining portions of this section(s)or any part thereof.
The City Council hereby declares that it would have passed the ordinance that adopted this Chapter and each section,
subsection,subdivision,paragraph,sentence,clause or phrase in this Chapter or any part hereof irrespective of the fact
that any one or more other sections,subsections,subdivisions,paragraphs,sentences,clauses or phrases be declared
unconstitutional.
(Ord.No. 13130, §1, 10-16-2000)
Secs.4-61 -4-64.Reserved
ARTICLE III.NONINTOXICATING BEER'
DIVISION 1.GENERALLY
Sec.4-65.Intoxicating liquors prohibited.
It shall be unlawful for the holder of any license for the sale of nonintoxicating beer as a retailer,either for
consumption on the premises or in the original package,to have on or about the premises where such nonintoxicating
beer business is conducted any beer or other intoxicating liquor of any kind whatsoever having an alcoholic content
of more than three and two-tenths(3.2)percent by weight.
(Code 1977, § 5-25)
State law reference-Similar provisions,RSMo. § 312.050.
Sec.4-66.Hours of sale.
It is unlawful for any licensee under the provisions of this article to sell,give or otherwise dispose of,or suffer
the same to be done,on or about the premises for which a license is issued,any nonintoxicating beer in any quantity
between the hours of 1:30 a.m.and 6:00 a.m.
(Code 1977, § 5-26)
State law reference-Similar provisions,RSMo. § 312.410.
Secs.4-67-4-69.Reserved.
DIVISION 2.LICENSES
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Sec.4-70.Required.
It is unlawful for any person to engage in the manufacture,distribution or sale of nonintoxicating beer without
first having obtained from the finance department the proper city license as provided in this division.
(Code 1977, § 5-27)
Sec.4-71.Application.
Each applicant for city license required by this division shall apply in writing to the finance department for
the license which the applicant desires to be issued,and shall state whether or not applicant desires a license as:
A. Manufacturer;
B. Distributor or wholesaler;
C. Retailer for consumption on the premises;
D. Retailer in the original package direct to consumer,but not for resale.
(Ord.No. 8988, § 2,6-6-77)
4-72 Applications reviewed by Li uor Control Board.
All applications for licenses pursuant to this article and all petitions so filed with such applications shall
be referred by the license inspector to the Liquor Control Board by transmitting all applications to the Liquor
Control Board. The review of the applications for license shall normally he completed and returned to the
finance department within ten(10)working days of the date of the application. The Liquor Control Board shall
also draw up and approve a form of application which the finance department shall use.
Sec.4-73.Approval or Denial of Application.
No license shall be issued pursuant to the provisions of this division or renewed without the approval of
the Liquor Control Board bon.d. The Li uor Control Board livmd shall give such approval if it determines that
the applicant has complied with the laws of the city pertaining to liquor establishments. If the Li uor Control
Board iieza+determines that the applicant has failed to comply with the laws of the city,it shall not issue the
license and shall notify the applicant pursuant to section 4-79.
(Ord.No.9611, § 2(5-34.3),4-21-81)
Sec.4-74.Appeals to Liquor Control Board.
A. Any applicant aggrieved by the decision of the Liquor Control Board to deny or refuse to renew
a liquor license may file a etp ition with the Liquor Control Board within ten(10)days after the action by
the Liquor Control Board appealing said action.
B.The Liquor Control Board shall have the final authority and may act as it deems appropriate
under law.
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C. All hearings and appeals under this section shall be conducted in the same manner as Section 4-
42.
s
as t
-2 i-_ .
Sec.4-75 Classification and fees.
The following charges shall be made and collected by the city collector for each license as hereafter set out:
A. For a license authorizing the manufacture and sale by the manufacturer ofnonintoxicating beer brewed
or manufactured in the city,the fee shall be two hundred dollars($200.00).
B. For a license authorizing the sale in the city by any distributor or wholesaler, other than the
manufacturer or brewer thereof,of nonintoxicating beer,the fee shall be seventy-five dollars($75.00).
C. For a license authorizing the sale of nonintoxicating beer for consumption on the premises where sold,
the fee shall be twenty-five dollars($25.00).
D. For a license authorizing the sale of nonintoxicating beer by grocers and other merchants and dealers,
for sale in the original package directly to consumers,but not for resale,the fee shall be fifteen dollars
($15.00).
(Code 1977, § 5-32)
Sec.4-76 Contents; unauthorized use.
Each license issued by the finance department shall specifically state whether the licensee is a manufacturer,
wholesaler or distributor,retailer for consumption on the premises or retailer in original package. It shall be unlawful
for any licensee to engage in any sale or distribution of nonintoxicating beer, except as provided in the license so
obtained and held.
(Code 1977, § 5-30)
Sec.4-77 Term; transfer.
Each license issued pursuant to this article shall be issued for a period of one year and shall expire at the end
of one year from the date of issuance. Licenses shall not be transferable from one person to another,nor from one
address to another.
(Code 1977,§ 5-33)
Sec.4-78 Suspension or revocation.
The provisions relating to suspension and revocation of licenses set out in Articles I and II of this chapter shall
be applicable to this article. Whenever the city has revoked a business license it shall be necessary before any license
is issued to operate a liquor establishment at the same location that the procedures for issuance of a license be followed
as set forth in sections 4-2 and 4-37 of this Code.
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(Ord.No. 9611, §§2(5-34),3(5-34.2),4-21-81)
Sec.4-79.Miscellaneous licensing duties of finance department and police department
It shall be the duty of the finance department to keep a separate list of licensees under this article,containing
the name of the applicant and the address for which the license is issued. The finance department shall furnish a
duplicate copy of such list once each month to the chief of police.It is hereby made the duty of the chief of police and
all police officers of the city to investigate and ascertain if all persons selling nonintoxicating beer have obtained proper
licenses or,if such licenses have expired,to ascertain if such licenses have been renewed.It is further made the duty
of the chief of police and all police officers of the city to arrest all persons found engaging in the sale of nonintoxicating
beer in the city without having a proper license authorizing such person to engage in such business,and to report such
arrest to the city prosecutor for prosecution.
(Code 1977, § 5-31;Ord.No. 11547, § 1,3-20-91)
Section 2. All licenses granted pursuant to Chapter 4 which expire February 1,
2010 are hereby extended to June 30`", 2010.
Section 3. This ordinance shall be effective upon passage and approval.
A roved Z!,
Passed: � ��� pp �Do�_
Presidir)g Officer yor
ATTEST: A V S TO FORM:
� � ,°`�
City Clerk City ounselor
Bill 2009-12
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