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HomeMy Public PortalAboutORD14316 I SUBSTITUTE BILL NO. 2007-143 SPONSORED BY COUNCILMAN Ferguson ORDINANCE NO. I43 4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 4 (ALCOHOLIC BEVERAGES), OF THE CODE OF THE CITY OF JEFFERSON 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 section is enacted in lieu thereof as follows: CHAPTER 4 ALCOHOLIC BEVERAGES • ARTICLE I.IN GENERAL ............... .. ............ ....................... ......... 402 Sec. 4-1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Sec. 4-2. Liquor control board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 Sec. 4-3. Penalty.for delinquent license payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404 Secs. 4-4-4-14. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404 ARTICLE II.INTOXICATING LIQUOR ......................... .......................... 405 DIVISION 1. GENERALLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 Sec. 4-15. Sales to Minors, Drunkards, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 Sec. 4-16. Purchase or possession by minors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 Sec. 4-17. Public consumption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406 Sec. 4-18. "No drinking„signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 Sec. 4-19.Authorized liquors on licensed premises. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 Sec. 4-20. Opening and closing hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 Sec. 4-21. Druggists may sell and physicians prescribe liquor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 Sec. 4-22. Possession of open container of alcoholic beverage or consumption of alcoholic beverage in certain public places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 Sec.4-23 Misrepresentation ofage by minorto obtain liquor-use ofaltered driver's license,passport orl.D. Cards,penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secs 4-24-4-32. Reserved. . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409 DIVISION 2.LICENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 Sec. 4-33. Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 • Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown t, . SUBSTITUTE • Sec. 4-34.Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 Sec. 4-35. Sales near churches, schools,parks, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 Sec. 4-36. Character requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 Sec. 4-37. Classification;fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 Sec. 4-38. Term;proration of fee; renewals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 Sec. 4-39. Form and contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 Sec. 4-40. Miscellaneous licensing duties offinance department and police chief. . . . . . . . . . . . . . . . 413 Sec. 4-41. Transfer;use for premises other than those for which issued;required for each place of business requiring state license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 Sec. 4-42. Permit and fee requirements for temporary locations for liquor by the drink. . . . . . . . . . . . 413 Sec. 4-43. Suspension or revocation generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414 Sec. 4-44. View from Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 Sec. 4-45. Effect of revocation on reissuance of license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 Sec. 4-46. Hearings on suspension, or revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416 Sec. 4-47: Beer keg registration required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416 Sec. 4-48-4-56. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418 ARTICLE III.NONINTOXICATING BEER ....................... .......................... 419 DIVISION 1.GENERALLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419 Sec. 4-57.Intoxicating liquors prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419 Sec. 4-58.Hours of sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419 DIVISION 2. LICENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 Sec. 4-70. Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 Sec. 4-71.Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 Sec. 4-72.Approval of board of liquor control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 • Sec. 4-73. State license required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 Sec. 4-74. Classification and fees. . . . 420 Sec. 4-74.1.License for consumption on premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 Sec. 4-75.Limited permit,picnic license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422 Sec. 4-75.1 Temporary license for Fourth of July celebrations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422 Sec. 4-76. Contents; unauthorized use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 423 Sec. 4-77. Term; transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 Sec. 4-78. Suspension or revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 Sec. 4-79. Hearings before liquor control board;appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 Sec. 4-80.Miscellaneous licensing duties offinance department and police department . . . . . . . . . . . 423 ARTICLE IV.Microbrewery .............................................................. 427 SEC.4-100.Microbrewery,defined--license,fee--retail license allowed,procedure --sale to wholesalers allowed,when--certain exemptions,when . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 Drafter's Note: Deleted text is shown thes. Inserted text is shown thus Substitute changes are shown thy" . SUBSTITUTE 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) h4tlola,01 CO 2om,a Fait Of whiell is sphittions, Vinous 0i fermented,and all pleparatiml . Intoxicating liquor The term "intoxicating liquor" as used in this chapter, shall mean and include 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 beveraee purposes,containine in excess of one-half of one percent by volume except for nonintoxicatine beer as defined in herein. All beverages havine an alcoholic content of less than one- half of one percent by volume shall be exempt from the provisions of this chapter, but subiect to inspection as provided herein. 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 • Drafter's Note: Deleted text is shown thas. Inserted text is shown thus Substitute changes are shown M. SUBSTITUTE 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). Public plaveround 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 mtlentq five thousand dollars $200,000.00)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. No license shall be issued without the written approval of a majority of the board of liquor control.(Ord.No. 13301, §3, 11-5-2001;Ord.No. 13910,§1,8-1-2004) C. The duty of the liquor control board shall be to determine whether or not applications for license comply with the provisions of this chapter. Licenses shall only be granted to persons of good character. In determining the good character of the applicant,the liquor control board shall also apply the criteria set out in Section 4-43 of this Code. The liquor control board shall not approve a license without first having obtained and reviewed the recommendations of the police chief.The liquor control board shall not be required to hold any hearing of any kind whatsoever in determining whether a new license shall be granted or an old license renewed,but may hold hearings if it deems such hearings in the public interest. D. 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 police chief who shall review and make recommendation on all applications to the members of 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 up and approve a form of application which the finance department shall use. • Drafter's Note: Deleted text is shown t#m. Inserted text is shown thus Substitute changes are shown t:h`u`ts. SUBSTITUTE E. Any applicant aggrieved by the decision of the liquor control board to deny or refuse to renew a • liquor license or any citize n maintaining a residence,place of business,or owning property within six hundred(600) feet of the property upon which the licensed establishment is located,may file a petition with the city council within ten (10) days after the action by the liquor control board appealing said action. The council shall have the final authority and may act as it deems appropriate under law. (Code 1977, § 5-15;Ord.No.9525, § 3, 10-20-80;Ord.No.9713, § 1, 12-7-81;Ord.No. 11547,§ 1,3-20-91) Sec.4-3.Penalty for delinquent license payments. A. There is hereby levied against each applicant for an intoxicating liquor license,a nonintoxicating beer license or a merchant's license from the city a penalty in such amount as established in Section 16-24 for each month, or any portion thereof,for which such license is delinquent at the time of its renewal or issuance. B. The department of finance is directed to collect the penalty from the applicant for any delinquent license specified in subsection(a)of this section at the same time as the amount of the license is collected. C. The department of finance shall not issue a license which is delinquent without first collecting the amount of the license fee,as specified by this chapter and other ordinances of the city,and any penalty due thereon. (Code 1977, § 5-2) Secs.4-4-4-14.Reserved. Drafter's Note: Deleted text is shown them. Inserted text is shown thus Substitute changes are shown Mi. SUBSTITUTE • ARTICLE II.INTOXICATING LIQUOR' DIVISION 1.GENERALLY Sec.4-15.Sales to Minors,Drunkards,etc. intoxicating,ficlov, tv be avid v, - 2. Apply to fl!e sapplying 0HItoxicating fititiv, to 2t person ande, die age of twenty,one(2f) , . A.Any licensee under this chapter,or his employee,who shall sell,vend.gLve away or otherwise supply any intoxicating liquor in any a uantity whatsoever to any ep rson under the age of twenty-one ears,or to any ell rson intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any ep rson whomsoever except his ap rent or guardian who shall Procure for sell, g ive away or otherwise supply intoxicating li uor to any ep rson under the We of twenty-one ey ars,or to any intoxicated ep rson or an person appearing to be in a state of intoxication,or to a habitual drunkard,shall be deemed uil of a code violation, except that this section shall not apply to the supplying of intoxicating liquor to a ep rson under the age of twenty-one years for medical purposes only or to the administering of such intoxicating liquor to any ep rson by a duly licensed physician.No eD rson shall be denied a license or renewal of a license issued under this chapter solely due to a conviction for unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed establishment. B Any owner,occupant,or other ep rson or legal entity with a lawful right to the exclusive use and enioyment of any proverty who knowingly allows a person under the age of twenty-one to drink or oD ssess intoxicating liquor or knowingly fails to stop a ep rson under the age of twenty-one from drinking or possessing intoxicating liquor on such property,unless such ep rson allowing the ep rson under the age of twenty-one to • Drafter's Note: Deleted text is shown thus. Inserted text is shown thus Substitute changes are shown ii. SUBSTITUTE • drink or op ssess intoxicating li uor is his or her ap rent or guardian,is Ingly of a code violation. C.It shall be a defense to prosecution under this section if- (1) The defendant is a licensed retailer,club, drinking establishment, or caterer or holds a temporary permit,or an employee thereof, (2)The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one or more veers of age;and Q To purchase the intoxicating liquor,the ep rson exhibited to the defendant a driver's license. Missouri nondriver's identification card,or other official or apparently official document,containing a photograph of the minor and purporting to establish that such minor was twenty-one years of age and of the legal age for consumption of intoxicating liquor 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. tide, • Of OCCOIjailt Of 311 at2tvinabi— ___ "te age of tmenty-one (2 i) yew s shall be deented to be in possession of any , intoxicating ficlaot fb.id in sach autotnobile, Inovided, dint dris section shali not apply MheLe dte notentobHe is A. Any person under the age of twenty-one ey ars,who purchases or attempts to purchase,or has in his or her possession,any intoxicating li uor as defined in section 4_1 or who is visibly intoxicated as defined in section 577.001. RSMo, or has a detectable blood alcohol content of more than two- hundredths of one ep rcent or more by weight of alcohol in such person's blood is Igaty of code violation. For purposes of prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor to a ep rson under twenty-one years of age a manufacturer-sealed container describing that there is intoxicating li uor therein need not be opened or the contents therein tested to verify that there is intoxicating li uor in such container.The alleged violator may allege that there was not intoxicating hh uor in such container,but the burden of proof of such allegation is on such ep rson, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor. B. For purposes of determining violations of any provision of this chapter,or of any rule or regulation of the supervisor of alcohol and tobacco control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify • Drafter's Note: Deleted text is shown thee. Inserted text is shown thus Substitute changes are shown ON. SUBSTITUTE that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating RqM 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!jam therein contains intoxicating liquor State law reference-Purchase,or possession,by minor prohibited,RSMo. § 311.325. Sec.4-17.Public consumption. 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. (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) isSec.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. (Code 1977, § 5-10) State law reference-Similar provisions,RSMo. §311.330. Sec.4-20.Opening and closing hours. A. s Of agellt, iummingly alloo fliesale o.distribution scil,give aw2ty 01 061M WiSe di3FV3C Of,07 StIffM the smite to be dm= 2r.m. on ocekdays and between the houts of 1.36 amr Swiday mid 6.66 a.m. Stonday =eept as perm a cimed placebetween thehows of 1.36 a.m.mid 6.66 ann.on meekdays widbetween the hotim of 1.36 a Stinday mid 6.66 2t.m. Munday except as pennitted hemin. Where sueb lieeme. atithmizing, die sale of intexicati.T liti.o.by 8te diinkme heldby ciabs or hotels,this sectiml 312311 apply OtTly to fliemoins in Mfi . i • Drafter's Note: Deleted text is shown thas. Inserted text is shown thus Substitute changes are shown fliul. i SUBSTITUTE dispensed, titen the licensee shall keep seemely iockrd dtt."Tg the homs mid an die daya specified in section affieffigelat0la,Cabinets,CaSes,boxes mid tapsfiom whichintoxicating fiquo,is dispensed. Nodfing in this section simil be constitted to pohibit dre sale ot dehmty ofarty intaxicating liquor dmirT=7 of 8 hows ot on any of die days specified in Hfis section by a WhOIC381CI licensed wide. die piovisions of Seed • A. No ea rson having a license issued pursuant to this chapter nor any employee of such person,shall sew give away,or ep rmit the consumption of any intoxicating lquor in any uanti 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.upon or about his or her premises.If the verson has a license to sell intoxicating li uor by the drink,his premises shall be and remain a closed Ip ace 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.Where such licenses authorizing the sale of intoxicating li uor b the drink are held b clubs or hotels,this section shall apply onIA to the room or rooms in which intoxicating liquor is dispensed: 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 li uors are dispensed,then the licensee shall keen 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. Any ep rson violating any provision of this section shall be deemed ZRLI_q of a code violation.Nothing in this section shall be construed to prohibit the sale or delivery of an intoxicating li uor durin any of the hours or on any of the days specified in this section by a wholesaler licensed under the provisions of section 4-1 to a ep rson licensed to sell the intoxicating liquor at retail. State law reference-Similar provisions,RSMo.1311.330. B. When December 31st(New Year's Eve),January 1st(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 chapter or any other provision of law to the contrary. (Ord.No. 11916, § 3,6-7-93) State law reference-Similar provisions,RSMo.1 311.298. 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 11:00 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)s uare 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 Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown . SUBSTITUTE • which at least fifty thousand dollars($50,000.00)of such gross receipts is in non-alcoholic sales. (Ord.No. 11916, § 3,6-7-93;Ord.No. 12185, § 1, 11-21-94) State law reference-Similar provisions,RSMo. § 311.098. 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)(7). 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 maybe issued,a license to sell intoxicating liquor between the hours of 12.06 neon 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. § ; 311.090. City Authority for fees§311.220 E. Notwithstanding any other provisions of this Echapter to the contrary,person who possesses the qualifications required by this Echapter,and who now or hereafter meet the requirements of and complies with the provisions of this Echapter,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 i 1:60 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 P rescribe 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. 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. . Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown Ph7Q. SUBSTITUTE 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 aoe I minor to obtain liguor--use of altered driver's license,passport or I.D. cards,penalties. A. Any person of the ale 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 an wav • receiving any intoxicating li uor 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 an eu rson who is less than twenty-one years of anee 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 up rpose of purchasing, asking for or in any way receiving anv intoxicating liquor,shall be Igifty of a code violation and shall be subiect to a fine of five hundred dollars for each separate offense Secs.4-23-4-32.Reserved. . Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown tom. Ii SUBSTITUTE DIVISION 2.LICENSES • Sec.4-33.Required. it is atihnvH fm airy veLson, No Person either by himself or through the use of agents or servants, partnership,association of ep rson or corporation shall to etTage in die manufacture,distill,blend,sell or offer for sale of intoxicating liquors without procuring ffist lmvitT taken oat mid obtailred a license from the city authorizing such activity. , tertns of dais eltaprter. (Code 1977, § 5-11) State Law Reference 311.180 Sec.4-34.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. (Code 1977,§ 5-12;Ord.No.9978,§ 3,6-6-83) Sec.4-35.Sales near churches,schools,parks,etc. ,mbete sold, whete such pientises me located wiflyfit tvyv handmd fifty (256) feet vfmty chwelt,pubfie o. pwoehiai within two handied fifty(256)feet of a pubfie schooi,as hetein deffited, die pmvisions of this section may be m2tive by flie bowd of dhectors of such.chooi by FLopet tvitten inshmnent,Mrich.h2til be filed with tire city cle.kmtd p2tsm upon by die bowd of hqttm canuch such intoxicating h4t2o. is sold to the ff ont dov, of the chat ch 0. schoul buildilm. mistuned on the pientises cuid die pubhe park ot playgivands,nienamentent shall be had fiont flie public entrance of E). Nothing contairted in this section is intended to affect the 2tudioxity to tenew ficeirses ptoperly issued p,io, to the cifecti v e date of this section. • A.No license shall be granted for the sale of intoxicating li uor as defined in this chapter,within one hundred feet of any school,church or other building regularly used as a 1p ace of religious worship,or gily • Drafter's Note: Deleted text is shown thus. Inserted text is shown thus Substitute changes are shown fibM. SUBSTITUTE 0 park unless the applicant for the license shall first obtain the consent in writing of gily council,except that when a school,church or Ip ace of worship shall hereafter be established within two hundred and fib feet of any place of business licensed to sell intoxicating li uor the license shall not be denied for this reason.Such consent shall not be granted until at least ten days,written notice has been provided to all owners of property within one hundred feet of the proposed licensed premises. B. For the up rpose of determining such distance between such premises and churches, public or parochial 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 boor 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 li uor is sold. D. Subsection A of this section shall not apply to a license issued by the supervisor of alcohol and tobacco control for the sale of intoxicating liquor or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes. E.Subsection A of this section shall not apply to any premises holding a license issued before January 1,2004.by the supervisor of alcohol and tobacco control for the sale of intoxicating liquor.To retain a license under this subsection,the licensed premises shall not change license type,amend the legal description, or be without a lii uor license for more than ninety days. State law reference-Sales near churches,RSMo. § 311.080. • Sec.4-36.Character requirement. No license authorizing the retail sale of intoxicating liquor for consumption on the premises where sold shall be issued unless the person or managing officer of a corporation applying for such license is a person of good moral character. (Code 1977, § 5-14;Ord.No. 9525,§ 2, 10-20-80;Ord.No. 10041, § 1(5-14),9-6-83) Sec.4-37.Ct lt assification; fees. 4J5= V C "A 1 V-"-' �e L,&k) Fe')/ Q 4, 0-2,lr VQ A. The Himming license fee. shail b paid liemaes equi,ed by this di O • Drafter's Note: Deleted text is shown 0m. Inserted text is shown thus Substitute changes are shown .. . .. .. . . A, . • AI . . ,. . . . .. . . . . LOA. ., A I 111 11 , . . . . .. . ... , . . .. ... . . . A . .. SUBSTITUTE fee shall be fifty-two doliars mid fifty cent.($52.56). yem in additi...to Mly CHI= license fees. sales of afooftolic beventges, die fee Mini! be one hwiched dolims (SifE16-66) in addition to arty othe. license fees.(E)td.No. 12?29,§ 2,3-2-4" B. The license fees lefened to ins6section(a)aliall be paid on mi mut.2d basis, mith streh amn- fee dtie on • 1. For manufactures and brewers of malt li uor containing not in excess of five ep rcent of alcohol bj wei ht and sellers to duly licensed wholesalers and soliciting orders for the sale of malt liquors containing not in excess of five nercen t of alcohol by weight, to or through a duly licensed wholesaler within this city.the sum of three hundred seven five dollars: 2. For manufactures of intoxicating liquor containing not in excess of twenty-two en rcent of alcohol by wei ht and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicatine liquor containing not in excess of twenty-two percent of alcohol by weight, to, by or through a dulv licensed wholesaler within this ci the sum of three hundred dollars: 3. For Manufacturers,distillers or blenders of intoxicatine 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 eu rcent 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 en rcent 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 solicitine 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 • Drafter's Note: Deleted text is shown thus. Inserted text is shown thus Substitute changes are shown"#h SUBSTITUTE • seventy five dollars: 7. For sellers of intoxicating liquor containing not in excess of five ep rcent of alcohol by weight hy a wholesaler to a ep rson duly licensed to sell such malt liquor at retail and the privilege of selling to d, alv licensed wholesalers and soliciting orders for the sale of malt li uor containing not in excess of five ea rcent of alcohol by weight,to,hy or through a duly licensed wholesaler within this city,the sum of one hundred fifty dollars: 8. For sellers of intoxicating!jam containing not in excess of twenty-two ep rcent of alcohol hy weight by a wholesaler to a ep rson 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 hR uor containing not in excess of twenty-two ep rcent of alcohol by weight,to,by or through a duly licensed wholesaler within this city.the sum of three hundred-_fift dollars: 9. For sellers of intoxicating liquor of all kinds by a wholesaler to a ep rson 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 li uor 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 d_my licensed wholesalers and to solicit orders for sale of intoxicating h,_guor,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 eg rcent by weight and not in excess of five ep rcent by weight by r� and other merchants and dealers in the original package direct to consumers but not for resale,a fee of seventy five dollars ver year payable to the City shall be required.The hp rase"original package"shall be construed and held to refer to any package • containing three or more standard bottles of beer.This license shall also ep rmit 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 en rson licensed pursuant to this subsection may also sell malt li uor 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 jay 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 ep rson licensed pursuant to this subsection may also sell malt yuor at retail between the hours of 9:00 a.m.and midnight on Sunday. 12, For the sale of malt boor and light wines containing not in excess of fourteen ep rcent of alcohol by weight made exclusively from rg aLes,berries and other fruits and vegetables,at retail by the drink for consumption on the premises where sold,the licensee shall jay to the gily of revenue the sum of seventy five dollars Per year,which license shall also eermit the holder thereof to sell nonintoxicating beer as defined in chapter 3123 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 jay to the City the sum of four hundred fifty dollars per year,which shall include the sale of intoxicating liquor in the original package. Ml 14. oath+e;sale of intaidcatin�9liiiiuor in the on inhl ap cltaae.nn_t tote consumed yon,lietpremiseswhere e _ id thghcense shall Eay��o.thg Cthem.of,�nezl►undred oll r °steer Ea .finder such�li' en MEMO liauor slallre corisumedsontle°premiR � � ' where.solitor s originalpackage�lgg • Drafter's Note: Deleted text is shown then. Inserted text is shown thus Substitute changes are shown Wal. +0 r4 &C' w�a)L i w-u wt_ cc 1 IO wCpd Y1atla,.n SUBSTITUTE • one�ned on;�hg;:Aremis 15. For the sale of intoxicating ham in the original ap ckaee 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 gualifications and meeting the requirements of this chapter who wish to conduct wine tastin s on the premises who are otherwise licensed to sell intoxicating liquors in the original package directly to the consumer,and fee shall be J25 ver year in addition to any other license fees. 17. For retailers operating a club or food service establishment deriving over nine eu rcent 9( 0%)of gross revenue from activities,services and sale&not including sales of alcoholic beverages, the fee shall be one hundred dollars lf$ 00.001 in addition to any other license fees.(Ord.No. 12729.§,23 3-2-98) B. The license fees referred to in subsection L 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) Sec.4-38.Term;proration of fee; renewals. A license to engage in the manufacture,brewing,sale or distribution of intoxicating liquors,shall be issued for a period of one year from the first day of February of each year. Persons desiring to secure licenses after the first • day of February shall pay for such portion of the license year remaining at the time such license is issued. All renewals of licenses shall be made on the first day of February of each year. Before the liquor control board renews a liquor license, the board shall determine if the applicant has complied with the laws of the city pertaining to liquor establishments. If the board determines that the applicant has failed to comply with the laws of the city,the board shall not issue the license. (Code 1977, § 5-11;Ord.No.9611, § 1(5-21.3),4-21-81;Ord.No.9713,§2, 12-7-81) Sec.4-39.Form and contents. 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. • Drafter's Note: Deleted text is shown then. Inserted text is shown thus Substitute changes are shown h SUBSTITUTE 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.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. to mr,die. ioeatiorr,an appliention for die trwisfe. shall be piocessed in die smite mmlllel 2tS 2til ftPlAiCRtion f0i a item (Code 1977,§ 5-20;Ord.No.9774, § 1,4-20-82) State law reference:.,RSMo.1311.240.Period of license_federal licence required=contents of license_ renewal; RSMo.§312.110.Separate ea rmit required=expiration date-renewals z fees prorated • Sec.4-42.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 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 twenty dollars($20.00 15.60)for each calendar day,or fraction thereof,for which the permit is issued. (Ord.No. 10272, § 1,94-84) I State law reference_,RSMo.1311.485.Temporary location for&M y the drink,caterers- ep rmit and fee required-other law applicable,exceptions . Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown ii SUBSTITUTE Sec.4-43.Suspension or revocation generally. A. The liquor control board may,in addition to otherpenalties 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; 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 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 Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown thu°. SUBSTITUTE 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 hearing 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 a request for hearing is received,the board shall proceed in accordance with 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) Sec.4-44. 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.4-45.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.4-46.Hearings on suspension,or revocation. A. The Board may request the City Counselor to investigate any suspected violation and make recommendations as to Board action. Drafter's Note: Deleted text is shown thus. Inserted text is shown thus Substitute changes are shown�. SUBSTITUTE . B. Any person who is licensed pursuant to this article and who has received a notice of intent to suspend or revoke said license may request a hearing before the board. Requests for such hearings shall be filed with the city clerk within ten(10)days after notice is given or the intention to suspend or revoke. 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 q g 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. If the Board notifies a licensee that it intends to take some action and the licensee requests a hearing, the City Counselor shall act as prosecutor on behalf of the 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.4-47: 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. • Drafter's Note: Deleted text is shown thm. Inserted text is shown thus Substitute changes are shown NOW i i SUBSTITUTE 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 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. • Drafter's Note: Deleted text is shown tlms. Inserted text is shown thus Substitute changes are shown t `t . SUBSTITUTE • 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. 1. 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 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) Sec.4-48-4-56.Reserved. ARTICLE III.NONINTOXICATING BEER' DIVISION 1.GENERALLY • Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown t y. SUBSTITUTE Sec.4-57.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- hall sell,give away or otherwise dispose of,or suffer the same to be done 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.4-58.Hours of sale. give v,othenmise dispose Ofi,V,so die swne to be done,on u, abotit the pienrises fb. Mfich a ficense is isatIld,811Y 11011filtoxicating bee. in airy 'Ittwitity between die hout.of i.36 a.m.and 6.86 M-nr No ep rson having a license under the provisions of this chanter shall sell,gLve away or ea rmit the consumption of any nonintoxicatina beer in any guantity between the hours of 1:30 a.m.and 6:00 a.m.,upon or about his or her premises,and any, ep rson violating any provision of this section shall be deemed gnflly of a code violation. State law reference-Similar provisions,RSMo. § 312.410. Secs.4-59-4-69.Reserved. Drafter's Note: Deleted text is shown thm. Inserted text is shown thus Substitute changes are shown tom. SUBSTITUTE • DIVISION 2.LICENSES 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) • Sec.4-72.Approval of board of liquor control. No license shall be issued pursuant to the provisions of this division or renewed without the approval of the liquor control board. The board shall give such approval if it determines that the applicant has complied with the laws of the city pertaining to liquor establishments. If the board 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.4-73.State license required. Before the finance department shall have authority to issue a license under this article,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) Sec.4-74.Classification and fees. The following charges shall be made and collected by the city collector for each license as hereafter set out: • Drafter's Note: Deleted text is shown thus. Inserted text is shown thus Substitute changes are shown KIM". SUBSTITUTE • A. For a license authorizing the manufacture and sale by the manufacturer of nonintoxicating 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.4-74.1.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 or nonintoxicating beer,to permit the drinking or consumption of intoxicating liquor or nonintoxicating beer in,rnr, o.abot&the premises ,without having a license as in this section provided. • B. Application for such license shall be made to the finance department on forms prescribed by the Finance Director,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 and the applicant shall pay twenty-five dollars for each month or part thereof remaining from the date of the license to the next succeeding first of February. C. The drinking or consumption of intoxicating liquor or nonintoxicating beer shall not be permitted in or, upon,—orabout 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 1:30 am.Sunday and 66:00 a.m.Monday. 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 or nonintoxicating beer by the drink. The provision of this section regulating the drinking or consumption of intoxicating liquor or nonintoxicating beer between certain hours and on Sunday shall apply also to premises licensed under this chapter to sell intoxicating liquor or nonintoxicating beer 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 or nonintoxicating beer 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 • Drafter's Note: Deleted text is shown thus. Inserted text is shown thus Substitute changes are shown M. SUBSTITUTE • 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 17riadentealtor code violation. F. Nothing in this section shall be construed to prohibit the sale or delivery of any intoxicating liquor or nonintoxicatine beer 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. G. No intoxicating liquor or nonintoxicating beer may be served or sold on any premises used as a polling place on election day. -- -- , State law reference-RSMo 1311.482(Ord.No. 12386 13,1-8-96 Sec.4-75.Limited permit,picnic license. A. Notwithstanding any other provision of this chapter or chapter 312,RSMo,a permit for the sale of malt intoxicating liquor as defined in section 311.020,and nonintoxicating beer as defined in section 312.010,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 nrah intoxicating liquor at a picnic, bazaar, fair, or similar gathering.The permit shall be issued only for the day or days named therein and it shall not authorize the sale of nmh intoxicating liquor for more than seven days by any such club or organization as de.e.ibed abo v e irt any fiscal y em. • 13. To secure the permit,the applicant shall complete a form provided by the supervisor,but no applicant shall be required to furnish a personal photograph as part of the application.The applicant shall pay a fee of tlrirtq twenty- five dollars for such permit. C. If the event will be held on a Sunday,the permit shall authorize the sale of marlt intoxicating liquor and nonintoxicating beer on that day beginning at 11:00 a.m. D. At the same time that an 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 the tax due plus payment of the tax,and denial of any other permit for a period of three years. Under no circumstances shall a bond be required from the applicant. E. No provision of law or rule or regulation of the supervisor shall be interpreted as preventing any wholesaler or distributor from providing customary storage,cooling or dispensing equipment for use by the permit holder at such picnic,bazaar, fair or similar gatheringcooling or dispensing equipment for use by the holder of the license at such picnic,bazaar,fair,or similar gathering. , f=8-96) State law reference_RSMo§311.482(Ord.No. 12386 13,1-8-96 Sec.4-75.1 Temporary license for Fourth of July celebrations. • Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown t6 I �I SUBSTITUTE • 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. 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) 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. A No license issued under this chanter 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 supervisor of liquor control may transfer such license to eQ rmit the operation of the business of the deceased for the remainder of the ep riod 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 supervisor of liquor control, upon being requested,shall ep rmit the remainine partner,or partners, originally licensed, to continue to operate for the remainder of the ep riod for which the license fee has been paid,without obtaining a new license. • Drafter's Note: Deleted text is shown thas. Inserted text is shown thus Substitute changes are shown . SUBSTITUTE • State law reference-Similar provisions,RSMo.§311.250.Licenses nontranfererable_expections Code 1977 15-33 Sec.4-78.Suspension or revocation. The provisions relating to suspension and revocation of licenses set out in Articles I and 11 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. (Ord.No.9611,§§ 2(5-34),3(5-34.2),4-21-81) Sec.4-79.Hearings before liquor control board; appeals. Any person who is licensed pursuant to this article and who has received a notice of intent to suspend or revoke said license may request a hearing before the board. The provisions relating to the hearing and to appeals as set out in section 4-45 shall be applicable to this article. (Ord.No. 9611, § 2(5-34.1),4-21-81;Ord.No. 11547,§ 1,3-20-91) Sec.4-80.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) • Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown . SUBSTITUTE ARTICLE IV. MICROBREWERY 4-100.Microbrewery,defined-license,fee-retail license allowed,procedure=sale to wholesalers allowed, when--certain exemptions,when 1.As used in this section,the term"microbrewery"means a business whose primary activity is the brewing and selling of beer,with an annual production of ten thousand barrels or less. 2.A microbrewer's license shall authorize the licensee to manufacture beer and malt li uor in quantities not to exceed ten thousand barrels per annum.A license fee of five dollars for each one hundred barrels or fraction thereof,us to a maximum license fee of two hundred fifty dollars,shall be paid to and collected by the director of revenue. 3.Notwithstanding any other provision of this chapter or chapter 312,RSMo,to the contrary,the holder of a microbrewer's license may apply for and the City may issue,a license to sell intoxicating liquor by the drink at retail for consumption on the premises.No holder of a microbrewer's license,or any employee,officer,agent, subsidiary,or affiliate thereof,shall have more than ten licenses to sell intoxicating li uor b a the drink at retail for consumption on the premises.All other ordinances and regulations relating to the sale of liquor b the drink for consumption on the premises where sold,shall apply to the holder of a license issued under the provisions of this section in the same manner as they apply to establishments licensed under the provisions of section 311.085 311.090,311.095,or 311.097 RSMo. 4.The holder of a microbrewer's license may also sell beer and malt li uor produced on the brewery premises to duly licensed wholesalers.However,holders of a microbrewer's license shall not,under any circumstances, directly or indirectly,have any financial interest in any wholesaler's business. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: 2,V-VZ Approve residing Officer Mayor ATTEST: APPROVED TO FORM: ity rk City Counselor Drafter's Note: Deleted text is shown than. Inserted text is shown thus Substitute changes are shown thus.