TITLE VI. BUSINESS AND OCCUPATION
Cross Reference─As to enhanced enterprise zone, §130.170.
CHAPTER 600: ALCOHOLIC BEVERAGES
Editor's Note─Ord. no. 19-911 §1, adopted September 15, 2005, repealed ch. 600 and enacted new provisions set out herein. Former ch. 600 derived from CC 1984 §§50.060, 50.080─50.110, 50.600─50.620; ord. no. 574 §1, 6-16-87; ord. no. 587 §1, 3-8-88; ord. no. 04-896 §§1─6, 2-11-05.
SECTION 600.010: DEFINITIONS
When used in this Chapter, the following words shall have the following meanings:
AMUSEMENT PLACE: 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 billiards, volleyball, indoor golf, bowling or soccer are usually played, or has a dance floor of at least two thousand five hundred (2,500) square feet, or any outdoor golf course with a minimum of nine (9) holes, and which has annual gross receipts of 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.
State Law Reference─Similar provisions, §311.098(1), RSMo.
INTOXICATING LIQUOR: Alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented, and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (.5%) by volume, except for non-intoxicating beer as defined in this Section. All beverages having an alcoholic content of less than one-half of one percent (.5%) by volume shall be exempt from the provisions of this Chapter, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
State Law Reference─Similar provisions, §311.020, RSMo.
MALT LIQUOR: Any liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight, manufactured from pure hops or pure extraction from hops or pure barley malt or wholesome grains or cereals and wholesome yeast or pure water.
MICROBREWERY: A business whose primary activity is the brewing and selling of beer with an annual production of ten thousand (10,000) barrels or less.
State Law Reference─Similar provisions, §311.195, RSMo.
NON-INTOXICATING BEER: Any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent (.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight.
State Law Reference─Similar provisions, §312.010(2).
§ 600.010 La Plata City Code § 600.030
ORIGINAL PACKAGE: Any package containing three (3) or more standard bottles or cans of malt liquor or non-intoxicating beer, fifty (50) ml (1.7 oz.) or more of spirituous liquors and one hundred (100) ml (3.4 oz.) or more of vinous liquors in the manufacturer's original container. A standard bottle is any bottle or can containing twelve (12) ounces or less of malt liquor or non-intoxicating beer.
State Law Reference─Similar provisions, §311.200(2).
PERSON: Any person, firm, company, association or corporation to whom or to which any provision of this Chapter applies or may apply.
State Law Reference─Similar provisions, §312.010(4).
PREMISES: The place where intoxicating liquor or non-intoxicating beer is sold. The premises can be one (1) room, a building of several rooms or a building with adjacent or surrounding land such as a lot or garden.
RESORT─RESTAURANT BAR: Any establishment having at least thirty (30) rooms for overnight accommodation or any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises.
State Law Reference─Similar provisions, §§311.097(1), 311.095, RSMo.
SPIRITUOUS LIQUORS: Includes brandy, rum, whiskey, gin and all other preparations or mixtures for beverage purposes of a like character and excludes all vinous, fermented or malt liquors. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.020: VIOLATIONS─PENALTY
A. It shall be unlawful for any person to violate any of the provisions of this Chapter.
B. Any person found guilty of violating any of the provisions of this Chapter shall be punished by a fine not less than twenty-five dollars ($25.00) and not exceeding five hundred dollars ($500.00), or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.030: MINORS
A. Purchase Or Possession. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his possession, any intoxicating liquor or non-intoxicating beer as defined in Section 600.010 is guilty of a violation of this Code. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor or non-intoxicating beer to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor or non-intoxicating beer therein need not be opened or the contents therein tested to verify that there is intoxicating liquor or non-intoxicating beer in such container. The alleged violator may allege that there was not intoxicating liquor or non-intoxicating beer in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there
§ 600.030 Alcoholic Beverages § 600.040
is intoxicating liquor or non-intoxicating beer therein contains intoxicating liquor or non-intoxicating beer.
B. Sale, Etc., To Minor. Any licensee under this Chapter, or his employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor or non-intoxicating beer in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor or non-intoxicating beer to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard shall be deemed guilty of a violation of this Code, except that this Section shall not apply to the supplying of intoxicating liquor or non-intoxicating beer to a person under the age of twenty-one (21) years for medical purposes only or to the administering of such intoxicating liquor or non-intoxicating beer to any person by a duly licensed physician.
C. Misrepresenting Age.
1. Any person of the age of seventeen (17) years or older and under the age of twenty-one (21) years who shall represent that he has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor or non-intoxicating beer, except in cases authorized by law, shall, upon conviction, be deemed guilty of a violation of this Code.
2. In addition to any other penalties established in Subsection (C)(1) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by an 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 or non-intoxicating beer shall be guilty of a violation of this Code and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Purchase or possession by minor, §311.325, RSMo.; selling to or supplying minors, §311.310, RSMo.; misrepresenting minors, §311.320, RSMo.; similar provisions, §§312.400, 312.405, 312.407.
SECTION 600.040: PUBLIC DRINKING, CONSUMPTION, POSSESSION, ETC.
A. It shall be unlawful for any person to drink or consume any intoxicating liquor or non-intoxicating beer in or upon any street, sidewalk or alley or in any other public place within the City.
B. It shall be unlawful for any person to possess or exercise control over an opened can, bottle, keg or other container designed or modified to contain liquid, including cups and glasses, of any intoxicating liquor or non-intoxicating beer in or upon any street, sidewalk or alley or in any other public place within the City.
C. This Section shall not apply to drinking, consuming or possessing any intoxicating liquor or non-intoxicating beer lawfully sold in a place licensed to sell the same for consumption on the premises where sold.
§ 600.040 La Plata City Code § 600.060
D. This Section shall not apply to drinking, consuming or possessing any intoxicating liquor or non-intoxicating beer consumed and/or possessed within the confines of and during a City Council approved celebration, special event or fair held on City property in the central business district so long as the consumption and possession of alcoholic beverages is physically restricted and controlled in accordance with the terms of a special permit issued by the City Council, and so long as all consumption and possession ends no later than 1:00 A.M., so long as no glass containers are permitted on City property and so long as all other terms and conditions established by the City for the temporary use of its property are met. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.050: HOURS OF SALE─SALE ON ELECTION DAYS
A. Intoxicating Liquor. Except as otherwise provided in this Chapter, no person having a license issued under the provisions of this Chapter nor any employee of such person shall sell, give away or permit the consumption of any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. on Monday, upon or about his or her premises.
B. Election Days. Any person having a license under this Chapter may be open for business and sell intoxicating liquor on election days in accordance with the State of Missouri Revised Statutes.
C. Holidays On Sunday/Super Bowl Sunday. When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on Sunday and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday", any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his license on that day from the time and until the time which would be lawful on another day of the week.
D. Non-Intoxicating Beer. No person having a license under this Chapter nor any employee of such person shall sell, give away or permit the consumption of any non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on any day of the week upon or about his or her premises. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §§311.290, 311.295, 312.410, RSMo.
SECTION 600.060: LICENSES REQUIRED─TERM─PRORATING─RENEWAL
It is hereby declared 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 or non-intoxicating beer within the City without first having taken out and obtained a license authorizing such manufacture, brewing, sale or distribution in compliance with the terms of this Article. Such license shall be issued for a period of one (1) year from January first (1st) of each year, and persons desiring to secure licenses after January first (1st) shall pay for such portion, in twelfths, of the license year remaining at the time such a license is issued (part of a month counted as one (1) entire month). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Period of license, requiring a federal license, contents of license and renewals, §311.240, RSMo.
§ 600.070 Alcoholic Beverages § 600.080
SECTION 600.070: QUALIFICATIONS
No person shall be granted a license under this Chapter unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of some County of this State, nor shall any corporation be granted a license under this Chapter unless the managing officer of such corporation has the aforementioned qualifications. No person shall be granted a license under this Chapter whose license as a dealer has been revoked, or who has been convicted since the ratification of the Twenty-First Amendment to the Constitution of the United States of a violation of the provisions of any law or ordinance applicable to the manufacture or sale of intoxicating liquor or non-intoxicating beer, or who employs in his business any person not of good moral character, or whose license has been revoked, or who has been convicted of violating the provisions of any such law or ordinance since the date mentioned above. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Qualifications for state liquor license, §311.060, RSMo.
SECTION 600.080: APPLICATIONS
A. Any person desiring to secure a license under the terms of this Chapter shall make application therefore to the City Council in writing and under oath, which application shall be delivered to the City Clerk. Such application shall state the following:
1. The name and residence of the applicant. If the application is made on behalf of a partnership, the names and addresses of all partners or any person who has a financial interest in such partnership. If the application is on behalf of a corporation, the date of incorporation, the State in which incorporated, the amount of paid-in capital, the amount of authorized capital, the names and addresses of the officers and directors and the names and addresses of all stockholders who hold ten percent (10%) or more of the capital stock, including the number of shares subscribed for or held by each.
2. The place of birth of the applicant. If the applicant is a naturalized citizen, state the place and time of naturalization. If the application is made in the name of a corporation, the applicant shall be the person who is to be, in fact, actively engaged in the actual control and management of the particular liquor establishment for which the license is sought.
3. The length of time the applicant has resided in the City and the residence addresses of the applicant for the preceding five (5) years.
4. The name and business address of his employers for a period of five (5) years prior to such application.
5. Whether or not the applicant has been convicted of a felony.
6. The location, place or premises for which a license is sought.
7. The zoning district in which the proposed location is to be located.
8. Whether or not the proposed location is within one hundred (100) feet of a church, school, college or university.
9. The class of license for which such application is made.
§ 600.080 La Plata City Code § 600.100
10. Whether or not the applicant has had a license as a liquor dealer revoked or suspended, or has been convicted since the ratification of the Twenty-First Amendment to the Constitution of the United States of the violation of the provisions of any law in any State applicable to the manufacture or sale of intoxicating liquor, or he employs or will employ in his business as such liquor dealer any person not of good moral character, or whose license has been revoked or suspended, or who has been convicted of violating the provisions of any such law since the date mentioned above.
11. Any further reasonable information required by the City Council.
B. Reserved.
C. The application shall be accompanied by the license fee hereinafter provided. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.090: ISSUANCE
A. The City Clerk, upon receipt of an application, shall forward the same to the City Administrator who shall cause an immediate investigation to be made of the statements contained therein, the character of the applicant and the location of the premises or place, and the conditions surrounding the same. On each new application for a license, the Fire Department, the Public Works Department and zoning officer, through their duly authorized agents or employees, shall make an immediate investigation of the safety and sanitation of the premises of the applicant and the equipment and furnishing contained in applicant's premises and shall report the findings of such investigations to the City Administrator. These reports shall then be forwarded, along with the application, to the next meeting of the City Council. After the original license has been issued, the City Administrator may, at any reasonable time, order a new investigation of the premises of the licensee.
B. After full consideration of the application for a license under this Chapter, the application may be approved by the City Council, in which case the application shall be referred to the City Clerk who shall issue the license applied for and approved.
C. Provided however, in the case of applications for temporary licenses as provided in Sections 600.280, 600.290 and 600.330 under this Chapter, upon receipt of the report of investigation the City Administrator shall consider the application and may approve application, in which case the application shall be referred to the City Clerk who shall issue the temporary license applied for and approved. The City Administrator shall cause a monthly accounting of all such temporary licenses applied for and approved to be prepared and submitted to the City Council. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.100: REVIEW UPON DENIAL OF APPLICATION
If an application for a license under this Chapter is denied by the City Council, the applicant may request, in writing, a review of such denial by the City Council. Such request shall be made by the applicant within ten (10) days after the application for license has been denied by the City Council. Upon the written request for review made within the time specified, the City Council shall, within thirty (30) days after the receipt of such request, reinvestigate and re-examine the circumstances surrounding such application and the denial thereof. The City Council may set aside the denial of such application if a majority of its members determine that such application should be granted, and the City Council may order the City Clerk to issue the license applied for. In the event that the City
§ 600.100 Alcoholic Beverages § 600.130
Council does not approve or disapprove the application within thirty (30) days from the date such application is filed, then it shall be assumed that such application is denied. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.110: NUMBER REQUIRED
A separate license shall be required for each place of business operated under the provisions of this Chapter. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.120: PROXIMITY
A. No license for the sale or consumption of intoxicating liquor shall be issued for any premises when such premises are located within one hundred (100) feet of a school, college, university or church or other building regularly used as a place of religious worship; except that when a school, church or place of worship shall be established within one hundred (100) feet of any premises licensed to sell alcoholic beverages, the license shall not be denied for lack of such consent.
B. When the entire building is to be used for the sale or consumption of alcoholic beverages, the distance provided in Subsection (A) shall be measured in a straight line on a horizontal plane from the nearest point of the enclosing wall or vertical extension thereof of the building to be used for the sale or consumption of alcoholic beverages to the nearest point of the enclosing wall or vertical extension thereof of the school, college, university or church building. If only a part of the building is to be used for the sale or consumption of alcoholic beverages, the distance, as provided above, shall be measured in a straight line on a horizontal plane from the nearest point of the enclosing wall or vertical extension thereof of the room in such building where alcoholic beverages are to be sold or consumed to the nearest point of the enclosing wall or vertical extension thereof of such school, college, university or church building.
C. For the purposes of this Section, the word "church" shall be deemed to mean a church building or student center erected and maintained as a church or student center building and in which services are regularly held; provided, that the mere holding of religious services in any building not built and constructed as a church or student center building shall not bring such building within the definition of a church as set out in this Subsection. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Authority, §311.080(2), RSMo.
SECTION 600.130: CHANGE OF LOCATION
At any time during the year a person holding a valid license issued under the provisions of this Chapter may apply to the City in the same manner as for the original license for a change of location of the place of business; with the exception that where there is no change in ownership or any substantial change in stock ownership, as in the case of a corporation, applicant need not provide a transcript of criminal record. There shall be no fee charged for the application, approval and issuance of a license changing the location of the place of business. The City Administrator shall consider such application and may approve the application for change of location and shall cause a monthly accounting of all such applications for change of location which have been approved to be prepared and submitted to the City Council. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Non-transferability of licenses and exceptions, §311.250, RSMo.
§ 600.140 La Plata City Code § 600.160
SECTION 600.140: RENEWAL LICENSES
Renewal applications for licenses under this Chapter involving no change in ownership or any substantial change in stock ownership, as in the case of a corporation, and where there is no change in the location of the premises, need not be accompanied by a transcript of the applicant's criminal record; and provided further, that such renewal applications shall be forwarded to the City Council without further investigation and thereafter the renewal application shall be considered in the same manner as for the original license. No renewal application will be accepted or renewal license issued if any taxes owed to City by applicant remain outstanding. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.150: TRANSFER─LOCATION RESTRICTED─CHANGE OF OWNERSHIP, MANAGEMENT
A. No license issued under the provisions of this Chapter 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, except as provided in Section 600.120.
B. If at any time a licensed business changes ownership, including a substantial change in stock ownership, as in the case of a corporation, then it shall be necessary to apply for a new license in the same manner as for an original license.
C. In the event that the office of the managing officer of a corporation licensed under this Chapter shall become vacant, it shall be necessary for the corporation to secure a new managing officer who meets the qualifications of Section 600.060 and who shall file an application in the same manner as for the original license, provided however, that there shall be no fee charged in connection therewith.
D. Provided however, that the City Administrator shall consider such applications for change of ownership or change of management and may approve the same, in which case the application shall be referred to the City Clerk who shall issue the license applied for and approved. The City Administrator shall cause a monthly accounting of all such applications for change of ownership or change of management which have been approved to be prepared and submitted to the City Council. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.160: SUSPENSION, REVOCATION OF LICENSES
A. The City Council may, in addition to other penalties provided by ordinance, suspend or revoke a license issued pursuant to this Chapter 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. Whenever licensee has not kept an orderly place;
2. An offense resulting in a conviction involving the use of force or violence upon the person or another in the operation of the business of licensee;
3. A conviction of a crime involving a felony by licensee or any of the officers or the managing officer of licensee;
4. Any false, misleading or fraudulent statement of fact in the license application for the licenses or in any other document required by the City in conjunction therewith;
§ 600.160 Alcoholic Beverages § 600.170
5. Violation of any of the provisions of this Chapter;
6. Violation of any State liquor control rule or regulation pertaining to the sale and licensing of intoxicating liquors;
7. Operation of the business in such a manner that it constitutes a nuisance to the neighborhood;
8. Conduct by the officers, employees or managing officers of the licensee, such as public drunkenness when working or while on the premises and indecent exposure when working or when on the premises. For purposes of this Section, the term "premises" shall include the licensed premises, the parking lots and the area around the business which is owned, used or maintained as part of the business;
9. 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. The licensee has the obligation to supervise the premises that he/she privately owns and shall keep said premises free from litter;
10. 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.
B. Any person who has been denied a license or renewal thereof or who is licensed pursuant to this Chapter and who has received a notice of intent to suspend or revoke said license may request a hearing before the City Council. Requests for such hearings shall be filed with the City Clerk within ten (10) days after notice is given of the intention to suspend or revoke. Upon receipt of a timely written request for hearing, the Council 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 denial, suspension or revocation of a license or permit. The notifications shall include the date, time and place of the hearing. At least three (3) members of the Council 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 not rebutted. The hearing need not be conducted according to the rules of evidence. Any relevant evidence may be admitted and considered by the Council 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 Council. A copy of the decision of the Council specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. In the case of suspension or revocation, the City shall in no event return any part of the license fee paid for such license. Also in this case, the Council may suspend the license upon whatever terms and conditions or for such time period deemed appropriate.
C. In the case of suspension or revocation, the City shall in no event return any part of the license fee paid for such license. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.170: CERTAIN ACTS PROHIBITED ON LICENSED PREMISES
No retail licensee or his/her employee shall permit in or upon his/her licensed premises:
§ 600.170 La Plata City Code § 600.200
1. The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
2. The displaying of any portion of the areola of the female breast;
3. The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
4. The actual or simulated displaying of the pubic hair, anus, vulva or genitals;
5. The permitting by a licensee of any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus;
6. The displaying of film video programs or pictures depicting acts, the live performances of which are prohibited by this Section or any other law. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.180: EXPIRATION OF LICENSE FOR NON-USE THEREOF
If for a period of sixty (60) days any licensee under this Chapter shall not operate his/her business, his/her license shall be deemed to have expired and becomes null and void; provided, that such license will not be deemed to have expired if the business of the licensee shall be inoperative by reason of act of God, accident or some other cause beyond the control of the licensee. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.190: CLASSES CREATED
The classes of licenses in this Chapter are hereby created for the manufacture and sale of intoxicating liquor and non-intoxicating beer at wholesale and retail, for which the fees herein prescribed shall be charged. (Ord. No. 19-911 §1, 9-15-05)
SECTION 600.200: SALE OF LIQUOR BY THE DRINK, CITIES, REQUIREMENTS─ SUNDAY SALES AUTHORIZED FOR CERTAIN ORGANIZATIONS
A. Any person who possesses the qualifications required by Chapter 600 of the Municipal Code of the City of La Plata, and who meets the requirements of and complies with the provisions of this Chapter and the ordinances, rules and regulations of the City of La Plata which such licensee proposes to operate his business, may apply for, and the City Clerk may issue, a license to sell intoxicating liquor, as defined in this Chapter, by the drink at retail for consumption on the premises described in the application; provided, that no license shall be issued for the sale of intoxicating liquor, other than malt liquor containing alcohol not in excess of five percent (5%) by weight and light wines containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, by the drink at retail for consumption on the premises where sold to any person other than a charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of Federal income taxes as provided in Sections 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, in any incorporated City having a population of less than nineteen thousand five hundred (19,500) inhabitants, until the sale of such intoxicating liquor, by the drink at retail for consumption on the premises where sold, shall have been authorized by a vote of the majority of the qualified voters of the City. Such authority shall be determined by an election to be held in those Cities having a population of less than nineteen
§ 600.200 Alcoholic Beverages § 600.220
thousand five hundred (19,500) inhabitants as determined by the last preceding Federal decennial census, under the provisions and methods set out in this Chapter. Once such licenses are issued in a City with a population of at least nineteen thousand five hundred (19,500) inhabitants, any subsequent loss of population shall not require the qualified voters of such a City to approve the sale of such intoxicating liquor prior to the issuance or renewal of such licenses.
B. 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 Sections 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 the City Clerk may issue, a license to sell intoxicating liquor, as defined in this Chapter, 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. The authority for the collection of fees by the City of La Plata as provided in Chapter 600, and all other laws and regulations of the City and State relating to the sale of liquor by the drink for consumption on the premises where sold, shall apply to organizations licensed under this Subsection in the same manner as they apply to establishments licensed under Subsection (A) of this Section and Chapter 600 of the Municipal Code of the City of La Plata and Sections 311.085 and 311.095, RSMo. In addition to all other fees required by law, an organization licensed under this Section shall pay an additional fee of two hundred dollars ($200.00) a year payable at the same time and in the same manner as its other license fees payable to the City of La Plata.
C. If any charitable, fraternal, religious, service or veterans' organization has a license to sell intoxicating liquor on its premises pursuant to this Section and such premises includes two (2) or more buildings in close proximity, such permit shall be valid for the sale of intoxicating liquor at any such building. (Ord. No. 19-911 §1, 9-15-05; Ord. No. 07-937 §1, 7-11-07)
SECTION 600.210: MALT LIQUOR AND WINE
A license shall be issued to applicants who have complied with this Chapter for the privilege of selling malt liquor and light wines containing not in excess of fourteen percent (14%) alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink for consumption on the licensed premises, which shall also permit the holder thereof to sell non-intoxicating beer. The license fee shall be seventy-five dollars ($75.00). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.200(3), RSMo.
SECTION 600.220: MALT LIQUOR NOT TO EXCEED FIVE PERCENT
A license shall be issued to all applicants who have complied with this Chapter for the privilege of selling malt liquor not to exceed five percent (5%) at retail by the drink for consumption on the licensed premises. Notwithstanding the provisions of Section 311.290, RSMo., any person licensed pursuant to this Section may also sell malt liquor at retail between the hours of 9:00 A.M. and Midnight on Sunday. The license fee shall be seventy-five dollars ($75.00). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §§311.200, 312.100(1)(3), 312.200(1)(3), 312.030, RSMo.
§ 600.230 La Plata City Code § 600.230
SECTION 600.230: RETAIL LIQUOR BY THE DRINK─RESORT─RESTAURANT
A. Notwithstanding any other provisions of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply for, and the Supervisor of Liquor Control may issue, a license to sell intoxicating liquor, as defined in this Chapter, by the drink at retail for consumption on the premises of any resort as described in the application. As used in this Section, the term "resort" means any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than one hundred thousand dollars ($100,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (B) of this Section. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross receipts requirements of this Subsection, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
B. A "seasonal resort restaurant" is a restaurant which is not a new restaurant establishment and which is open for business eight (8) or fewer consecutive months in any calendar year. Fifty percent (50%) of all gross sales of such restaurant shall be sales of prepared meals. Any new seasonal resort restaurant establishment having been in operation for less than twelve (12) weeks may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the seasonal resort restaurant establishment can show a projection for annualized gross sales of which fifty percent (50%) shall be sales of prepared meals. The temporary license fee and the annual license fee shall be prorated to reflect the period of operation of the seasonal resort restaurant. The license shall be valid only during the period for which application was made and for which the fee was paid. Any seasonal resort restaurant upon resuming business for its season of operation shall not be considered a new establishment for purposes of issuing a temporary license. Nothing in this Subsection shall prohibit a seasonal resort restaurant from becoming a resort restaurant upon application, payment of fees and compliance with the requirements of this Chapter.
C. Any new resort or restaurant establishment having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the resort or restaurant establishment can show a projection of annual gross receipts of not less than one hundred thousand dollars ($100,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment. The license fee shall be three hundred dollars ($300.00) and shall be in addition to all other license fees required by this Chapter. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.095, RSMo.
§ 600.240 Alcoholic Beverages § 600.260
SECTION 600.240: SUNDAY SALES─RESTAURANT BAR
Notwithstanding any other provisions of this Chapter to the contrary, a license shall be issued to all applicants who have complied with this Chapter for the privilege of selling intoxicating liquor between the hours of 9:00 A.M. on Sunday and Midnight on Sunday, at retail by the drink for consumption on the licensed premises of any restaurant bar described in the application. The license fee shall be three hundred dollars ($300.00) and shall be in addition to all other license fees required by this Chapter. Any new restaurant bar having been in operation for less than ninety (90) days may be issued a temporary restaurant bar license for a period of not to exceed ninety (90) days, for the privilege of selling intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday. The license fee for such temporary license shall be prorated for the period of the temporary license based on the cost of the annual license. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.097, RSMo.
SECTION 600.250: SUNDAY SALES─AMUSEMENT PLACE
A. Notwithstanding any provisions of this Chapter to the contrary, a license shall be issued to all applicants who have complied with this Chapter for the privilege of selling intoxicating liquor between the hours of 9:00 A.M. and Midnight on Sunday, at retail by the drink for consumption on the licensed premises of any amusement place as described in the application. An amusement place shall pay an additional license fee of three hundred dollars ($300.00) a year payable at the same time and in the same manner as its other license fees required by this Chapter.
B. Any new amusement place having been in operation for less than ninety (90) days may be issued a temporary amusement place license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days, if the amusement place can show a projection of 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 are in non-alcoholic sales for the first (1st) year of operation. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.
C. Nothing in this Section shall be construed to permit the licensee to sell intoxicating liquor, malt liquor or non-intoxicating beer for off-premises consumption. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.098, RSMo.
SECTION 600.260: SALE IN ORIGINAL PACKAGE─LIQUOR
A. No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses:
1. A drug store,
2. A cigar and tobacco store,
3. A grocery store,
§ 600.260 La Plata City Code § 600.280
4. A general merchandise store,
5. A confectionery, or
6. Delicatessen store
nor to any such person who does not have and keep in his store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this law. The license fee shall be seventy-five dollars ($75.00).
B. The holder of any such license may also apply for a special license to sell intoxicating liquor, at retail, in the original package, not to be consumed on the premises where sold, between the hours of 9:00 A.M. and Midnight on Sundays. The special license fee shall be the sum of seventy-five dollars ($75.00) a year. Such application does not require separate approval by the City Council, and the special license provided for herein may be issued forthwith upon the receipt of the application and special license fee. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions §311.293, RSMo.
SECTION 600.270: SALE IN ORIGINAL PACKAGE─WINE TASTINGS
A. Any person who is licensed to sell intoxicating liquor in the original package at retail may apply for a special license to conduct wine tastings on the licensed premises. The license fee shall be the sum of thirty-seven dollars fifty cents ($37.50) a year. Such application does not require separate approval by the City Council, and the special license provided for herein may be issued forthwith upon the receipt of the application and special license fee.
B. Nothing in this Section shall be construed to permit the licensee to sell wine for on-premises consumption. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.294, RSMo.
SECTION 600.280: SALE IN ORIGINAL PACKAGE─MALT LIQUOR AND NON-INTOXICATING BEER
A license shall be issued for the sale of malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight by grocers and other merchants and dealers in the original package direct to consumers, but not for resale. The phrase "original package" shall be construed and held to refer to any package containing three (3) or more standard bottles of beer. This license shall also permit the holders thereof to sell non-intoxicating 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 Section may also sell malt liquor at retail between the hours of 9:00 A.M. and Midnight on Sunday. The license fee shall be seventy-five dollars ($75.00). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.200(2), RSMo.
§ 600.290 Alcoholic Beverages § 600.310
SECTION 600.290: SALE IN ORIGINAL PACKAGE─INTOXICATING LIQUOR AND NON-INTOXICATING BEER
A. Notwithstanding any provisions of this Chapter, a temporary license for the sale of intoxicating liquor and non-intoxicating beer 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 intoxicating liquor and non-intoxicating beer at a picnic, bazaar, fair or similar gathering. The temporary license shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor and non-intoxicating beer for more than seven (7) days by any such club or organization.
B. The license fee shall be thirty-seven dollars fifty cents ($37.50).
C. If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor and non-intoxicating 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 (15) 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 (3) years. Under no circumstances shall a bond be required from the applicant.
E. No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the license holder at such picnic, bazaar, fair or similar gathering. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.482, RSMo.
SECTION 600.300: WHOLESALE SOLICITOR─MALT LIQUOR AND INTOXICATING BEER
A license shall be issued to any applicant who complies with this Chapter for the privilege of selling intoxicating liquor containing not in excess of five percent (5%) alcohol by weight by a wholesaler to a person duly licensed to sell intoxicating beer at retail and for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating beer to, by or through a duly licensed wholesaler. The license fee shall be one hundred fifty dollars ($150.00). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.180(7), RSMo.
SECTION 600.310: WHOLESALE SOLICITOR─TWENTY-TWO PERCENT LIQUOR
A license shall be issued to any applicant who complies with this Chapter for the privilege of selling intoxicating liquor not in excess of twenty-two percent (22%) of alcohol by weight by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail and for the privilege of selling to a duly licensed wholesaler and soliciting orders for the sale of such intoxicating liquor to, by or
§ 600.310 La Plata City Code § 600.340
through a duly licensed wholesaler. The license fee shall be three hundred dollars ($300.00). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.180(1)(5)(8), RSMo.
SECTION 600.320: INTOXICATING LIQUOR OF ALL KINDS
A license shall be issued to any applicant who complies with this Chapter for the privilege of selling intoxicating liquor by a wholesaler to a person duly licensed to sell intoxicating liquor at retail, and for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor to, by or through a duly licensed wholesaler. The license fee shall be seven hundred fifty dollars ($750.00). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.180(6)(9), RSMo.
SECTION 600.330: NON-INTOXICATING BEER
A license shall be issued to any applicant who complies with this Chapter for the privilege of selling non-intoxicating beer to a person duly licensed to sell such non-intoxicating beer at retail. The license fee shall be seventy-five dollars ($75.00). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §312.100(1)(2), RSMo.
SECTION 600.340: TEMPORARY LOCATION FOR LIQUOR BY THE DRINK─CATERER'S LICENSE
A. A temporary license may be issued to caterers and other persons holding licenses to sell intoxicating liquor, at retail by the drink for consumption on the licensed premises under this Chapter, who furnish provisions and services for use at a particular function, occasion or event, at a particular location other than the licensed premises, 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. For every temporary license issued pursuant to this Section, the license fee shall be the sum of fifteen dollars ($15.00) for each calendar day, or fraction thereof, for which the temporary license is issued.
B. All provisions of the liquor control law and the City ordinances, rules and regulations in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the license holder, its agents, servants, employees or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary license. (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.485(1)(2)(4), RSMo.
§ 600.350 Alcoholic Beverages § 600.360
SECTION 600.350: CONSUMPTION OF INTOXICATING LIQUOR─SET UP LICENSE
A license shall be issued to any applicant who has complied with this Chapter for the privilege ofpermitting 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 non-intoxicating beer, to permit the drinking or consumption of intoxicating liquor or non-intoxicating beer in, on or about the premises except between 1:30 A.M. and 6:00 A.M. on any weekday and between 1:30 A.M. Sunday and 6:00 A.M. on Monday. The license fee shall be ninety dollars ($90.00). (Ord. No. 19-911 §1, 9-15-05)
State Law Reference─Similar provisions, §311.480, RSMo.
SECTION 600.360: MICROBREWERY LICENSE
A. A microbrewer's license shall be issued to all applicants who have complied with this Chapter which shall