City Clerk

Chapter 3

ALCOHOLIC BEVERAGES*

Art I. In General, §§ 3—1—3—30

Art. II. Intoxicating Liquor, §§ 3—31—3—115

Div. 1. Generally, § 3—31—3—50

Div. 2. Licenses, §§ 3—51—3—85

Div. 3. Operations, §§ 3—86—3—115

Art. III.  Nonintoxicating Beer, §§ 3—116—3—172

Div. 1. Generally §§ 3—116—3—133

Div. 2. Licenses, §§ 3—134—3—161

Div. 3. Operations, §§ 3—162—3—171

ARTICLE I. IN GENERAL

Sec. 3—1. Temporary sale of wine and prepared foods by not—for—profit organizations.

Upon special permit granted by the city council, a not—for—profit organization in connection with a display of a home or homes may sell prepared foods and wine within a residentially zoned area in conjunction with the display and showing of such property, provided that:

(a) Such permit shall be granted for a period not to exceed thirty (30) days; and,

(b) That the chief of police and building commissioner shall advise the council and recommend any special conditions that shall be placed thereon.

(Ord. No. 7038, §1,5—5—83)

Editor's note—Ordinance No. 7038, §1, enacted May 5, 1983, was nonamendatory of the Code; hence, codification herein as § 3—1 was at the discretion of the editor.

Cross reference—Zoning, App. A.

Secs. 3—2—3-30. Reserved.

ARTICLE II. INTOXICATING LIQUOR

DIVISION 1. GENERALLY

Sec. 3—31. Definitions.

As used in this article, the following terms shall have the meanings ascribed to them:

Intoxicating liquor 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 beverage purposes containing in excess of three and two—tenths (3.2) per cent of alcohol by weight, except malt liquor.

Liquor license shall mean any license issued under the provisions of this article.

Malt liquor shall mean liquor manufactured from pure hops, or pure extract of hops, or pure barley malt, or wholesome grains or cereals and wholesome yeast and pure water, and commonly called and known as beer, and containing alcohol in excess of three and two—tenths (3.2) per cent by weight and not in excess of five (5) per cent by weight.

Original package shall mean, with reference to the sale of malt liquor or beer, any package containing three (3) or more standard bottles of beer. With reference to the sale of intoxicating liquor other than malt liquor or beer, the term means a package or container containing a quantity of not less than one—half (½) pint of intoxicating liquor.

Person shall mean and include any individual, association, joint stock company, syndicate, copartnership, corporation, receiver, trustee, conservator or other personal representative or other representative appointed by any state or federal court.

Premises shall mean that portion of any building in which a licensee under this article has his place of business and any additional building or portion thereof used in connection therewith, and the entire lot or lots, parcel or parcels of land on which said buildings are situated, or which are used in connection with the buildings.

Restaurant shall mean a business establishment at which at least fifty (50) per cent of the gross income is derived from the sale of prepared meals or food consumed on the premises where sold.

Sale by drink shall mean the sale of intoxicating liquor or malt liquor for consumption on the premises and includes the sale of intoxicating liquor in original packages in any quantity less than one—half (½) pint.

Wholesaler means any person who exposes for or makes one or more sales for resale of intoxicating liquor within the city, or conducts a business of exposing for sale or selling intoxicating liquor for resale from an established place of business within the city.

Wine shall mean liquor manufactured exclusively from grapes, berries and other fruits and vegetables and containing not in excess of fourteen (14) per cent of alcohol by weight.

(Gen. Ords. 1959, §44.01; Ord. No. 4745, §§ 1, 2, 1—11—62; Ord. No. 6259, §1, 3—23—78; Ord. No. 6864, §1, 4—15—82, Ord. 8230, 7-15-93)

Sec. 3—32. Minors purchasing or possessing intoxicating liquor.

Any person under the age of twenty-one (21) years, who is visibly intoxicated or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person’s blood, or who purchases or intends to purchase, or has in his/her possession, any intoxicating liquor, malt liquor or non-intoxicating beer is guilty of an offense. For purposes or prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor, malt liquor or non-intoxicating beer to a person under twenty-one (21) years of age, a manufacturing-sealed container describing that there is intoxicating liquor, malt liquor or non-intoxicating beer therein need not be opened or the contents therein tested to verify that there is intoxicating liquor, malt liquor or non-intoxicating beer in such container. The alleged violator may allege that there was not intoxicating liquor, malt liquor or non-intoxicating beer in such container, but the burden of proof of such allegations is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor, malt liquor or non-intoxicating beer therein contains intoxicating liquor, malt liquor or non-intoxicating beer.

(a) The provision of this section shall not apply to a student who:

(1) Is eighteen years of age or older;

(2) Is enrolled in an accredited college or university and is a student in a culinary course;

(3) Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4) Tastes a beverage under subdivision (3) of this subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of an authorized instructor of the college or university, who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student’s required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.

(Gen. Ords. 1959, §44.241; Ord. No. 4549, §1, 11—21—59; Ord. No. 6250, §2, 3—23—78; Ord. No. 8796, §1, 2-18-99; Ord. No. 9669, §1, 04-05-07)

Sec. 3—33. Assisting minor in falsification of age.

It shall be unlawful for any person to give, lend, sell or otherwise provide any person between the ages of seventeen (17) and twenty—one (21) any falsified identification, or the identification of another person for the purpose of establishing the age of the minor as being twenty—one (21) years of age or older.

(Gen. Ords. 1959, §44.242; Ord. No. 4549, §1, 11—21—59)

Sec. 3—34. Article not to affect professional activities of physicians ad pharmacists.

Nothing in this article shall limit the right of a duly licensed physician to prescribe intoxicating liquor in accordance with his professional judgment for any patient at any time, or prohibit a regularly licensed druggist from selling intoxicating liquor, lawfully acquired and lawfully in his possession, to any person on prescription from a regularly licensed physician; however, no part of such intoxicating liquor shall be consumed on the premises where sold. A license for the sale of intoxicating liquor is not required.

(Gen. Ords. 1959, §44.06)

Sec. 3—35. Duty of police department to enforce article.

It shall be the duty of the members of the police department to see that the provisions of this article are obeyed, and to report to the chief of police any place which is not kept in an orderly manner or is in violation of this article. It shall be the duty of the chief of police to report all such infractions immediately to the council.

(Gen. Ords. 1959, §44.25)

Secs. 3—36—3—50. Reserved.

DIVISION 2. LICENSES

Sec. 3—51. Required for sale.

No person shall sell or expose for sale in this city, either at wholesale or retail, intoxicating liquor or malt liquor without having first obtained an appropriate license from the city as provided herein. (Ordinance 8230, 7-15-93)

Sec. 3—52. Separate license required for each premises; maximum number of licenses in which any person may have an interest.

A separate liquor license shall be required for each place of business. No person shall directly or indirectly have an interest in more than three (3) licensees. (Gen. Ords. 1959, §§ 44.09, 44.14; Ord. No. 6259, §4, 3—23—78)

Sec. 3—53. Application.

An application for a liquor license required by this division shall be filed with the Director of Finance, on forms furnished by the Director of Finance and signed and sworn to by the applicant. (Gen. Ords. 1959, §44.08(a); Ord. No. 9338, §1, 10-2-03)

Sec. 3—54. Persons ineligible for license generally.

No natural person shall be granted a liquor license unless such person is of good moral character. No corporation shall be granted a liquor license unless the managing officer of the corporation is of good moral character. No person shall be granted a liquor license whose license as a liquor 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 applicable to the manufacture or sale of intoxicating liquor, or who employs in his business, as a liquor dealer or licensee, any person whose license has been revoked or who has been convicted of violating the provision of any such law since the date established. (Gen. Ords. 1959, §44.10; Ord. No. 8873, §1, 11-18-99)

Sec. 3—55. Locations ineligible for license.

No license shall be granted for the sale, either at wholesale or retail, of intoxicating liquor or malt liquor, as defined in this chapter, within one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent of the City Council and such consent shall not be granted until at least 10 days written notice has been provided to all owners of property within 100 feet of the proposes licensed premises. This Section shall not apply when a school, church or place of worship shall hereafter be established, within one hundred (100) feet of any place of business licensed to sell, either at wholesale or retail, intoxicating liquor or malt liquor, no license shall be denied, revoked, or fail to be renewed for this reason, and this section shall not apply to a holder of a license issued pursuant to section 311.090, 311.218, or 311.482 of the Revised Statutes of Missouri, or 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. (Ord. No. 9528, §1, 9-01-05)

Sec. 3—56. Reserved.

Editor's note—Ord. No. 6259, § 6, adopted March 23, 1978, repealed former § 3—56, which section prohibited issuance of a liquor license authorizing the sale of both malt liquor and any other intoxicating liquor for consumption on the premises at the same place. Said former section was derived from Gen. Ords. 1959, § 44.18.

Sec. 3-57. Reserved.

Editor's note—Section 3—57, requiring a surety bond with the application for a license to sell intoxicating liquor or malt liquor, and derived from Gen. Ords. 1959, § 44.08(a), (b); and Ord. No. 6259, § 7, adopted March 23, 1978, was repealed by § 1 of Ord. No. 7259, enacted Oct. 4, 1984.

Sec. 3-58 Persons eligible for license to sell intoxicating liquor in the original package and for license to sell malt liquor in the original package.

(a) Licenses issued pursuant to the provisions of this article to persons not engaged in the sale of gasoline at the licensed premises shall be subject to this paragraph. No licenses required for the retail sale of intoxicating liquor in the original package or for the retail sale of malt liquor in the original package shall be issued except to a person engaged in, and to be used in connection with the operation of one or more of the following businesses: a drugstore; a cigar and tobacco store; a grocery store; a general merchandise store; a confectionery and delicatessen store; nor to any such person who does not have and keep in his store premises a stock of goods having a value, according to invoices, of at least five thousand dollars ($5,000.00) exclusive of fixtures and intoxicating liquor.

(b) Licenses issued pursuant to provisions of this article to persons engaged in the sale of gasoline at the licensed premises shall be subject to this paragraph. No license for the retail sale of intoxicating liquor in the original package shall be issued for such premises. Licenses for the retail sale of malt liquor in the original package may be issued for such premises, provided that, in connection with the sale of gasoline, there is operated a retail store engaged in one or more of the following businesses: a drugstore, a grocery store, a general merchandise store, a confectionery and delicatessen store; and, provided that, there is maintained at such store premises a stock of goods for sale having a value, according to invoices, of at least five thousand dollars ($5,000.00) exclusive of fixtures, tobacco products, malt liquor and gasoline.

Sec. 3—59. Food service on the premises prerequisite to license to sell intoxicating liquor by the drink.

No person other than a restaurant shall be granted a license as provided in this division for the sale of intoxicating liquor by the drink.

Sec. 3—60. Authority of the council to require property consents.

The council may require the applicant for a liquor license to sell intoxicating liquor at retail to secure the written consent of the majority of resident property owners within four hundred (400) feet of the property line of the applicant's place of business, before granting the license.

Sec. 3—61. Licenses and fees.

The following licenses for the sales indicated shall be issued pursuant to the provisions of this division at an annual fee as indicated:

(a) Intoxicating liquor by the drink:

Sale any day except Sunday........................................................................... $450.00
Sunday sales, additional fee.............................................................................. 100.00

(b) Intoxicating liquor, retail sales in the original package, not to be consumed on the premises where sold:

Sales any day except Sunday............................. $150.00
Sunday sales, additional fee................................. 300.00

Establishments licensed to sell intoxicating liquor in the original package may apply for and obtain a license to conduct wine tastings on the premises of the licensed establishment for an additional fee............................................ $25.00

(c) Malt liquor by the drink:

Sales any day except Sunday.......................... $200.00
Sunday sales, additional fee.............................. 300.00

(d) Malt liquor, retail sales in the original package, not to be consumed on the premises where sold 22.50

(e) Malt liquor and/or wine, by the drink, daily permit issued only to churches, schools, civic, service, fraternal, veteran, political or charitable club or organization for such sales at a picnic, bazaar, fair or similar gathering. (Such permit shall be issued only for specific days named therein. No such organization may obtain permits for more than seven (7) days per year, which year shall commence on the first day any such permit is issued to any such club or organization):

Original permit per year................................................................................. 25.00
Each day in excess of one day per year.............................................................. 10.00

(f) Wine, containing not in excess of fourteen (14) per cent alcohol by weight and malt liquor containing alcohol in excess of three and two—tenths (3.2) per cent by weight and not in excess of five (5) per cent by weight by the drink:

Sale any day except Sunday............................................................................. 225.00
Sunday sales, additional fee.............................................................................. 300.00

(g) Wholesaler or distributor of intoxicating liquor of all kinds to a person duly licensed to resale such intoxicating liquor, three-hundred seventy-five dollars ($375.00) per annum.

(h) Wholesaler or distributor of intoxicating liquor not in excess of twenty-two percent (22%) alcohol by weight to a person duly licensed to resale such intoxicating liquor, one hundred fifty dollars (4150.00) per annum.

(i) Wholesaler or distributor of malt liquor containing not in excess of five percent (5%) alcohol by weight, seventy-five dollars ($75.00) per annum.

(Ord. No. 8940, §1, 8-17-00)

Sec. 3—62. Collection, disposition of fees.

All fees collected by the city collector pursuant to the provisions of this article shall be accounted for and paid into the city treasury as other funds collected by the city collector are accounted for and paid.

Sec. 3—63. License fees to be in lieu of portion of merchant's tax.

The annual liquor license fees charged under this division shall be in lieu of the proportionate part of any merchant's license fee and ad valorem tax for stock and sale of intoxicating liquors under other provisions of this Code and the value of stocks of intoxicating liquors and the aggregate amount of sales thereof made by any licensee under this division shall not be returned by the licensee for the purposes of merchant's license or ad valorem tax, nor shall such stock or sales be included in the computation of any merchant's license or ad valorem tax.

Sec. 3—64. Other licenses may be required for other business activities; nonintoxicating beer may be sold under liquor license.

The license required by this division shall be in addition to, and independent of, any other licenses required by the city except that persons licensed to sell intoxicating liquor or malt liquor at retail may also sell at retail nonintoxicating beer without an additional license therefor.

Sec. 3-65. Issuance, renewal and extension of licenses.

Upon receipt by the city comptroller of an application for an original license pursuant to this division, or upon receipt of an application for the renewal of such license pursuant to this division, such application shall be processed as follows:

(a) The Director of Finance shall review the application to determine that it is complete and accompanied by the appropriate fee for the license sought. The Director of Finance shall also determine whether the applicant has any outstanding financial obligation to the city. If such application is deficient or if the applicant has any unsatisfied financial obligations to the city, such application shall be returned to the applicant with the deficiencies or the obligations noted thereon. When the application is complete and all outstanding obligations, if any, to the city satisfied, the application shall be transmitted to the chief administrative officer.

(b) Upon receipt of the application, the Director of Finance shall promptly notify the chief of police and the building commissioner of the pending application.

(c) The chief of police shall promptly notify the chief administrative officer if the applicant as known by the chief of police is in violation of any of the provisions of this chapter, any state statutes, or any other reason such applicant is not eligible for such license.

(d) The building commissioner shall promptly notify the chief administrative officer if there are any known deficiencies in the premises for which the license is sought under any applicable city ordinances.

(e) Upon receipt of all reports provided for above, application for original licenses shall be transmitted to the city council for its consideration. Such license shall be issued by the council, provided:

(1) The chief of police sets forth no reasons which prohibit such license be issued under law;

(2) The chief administrative officer is satisfied that the issuance of such license conforms to all applicable city ordinances; and

(3) The maximum number of licenses for such category has not been met as provided by these ordinances.

(f) Upon receipt of all reports provided for above, the application for renewal of existing licenses shall be considered by the chief administrative officer who shall issue such renewal license on behalf of the city, provided:

(1) The chief of police sets forth no reasons which prohibit such license be issued under law;

(2) The chief administrative officer is satisfied that the issuance of such license conforms to all applicable city ordinances.

(g) The chief administrative officer is authorized to extend the term of any existing license pending consideration of an application for renewal, in increments of time, from time to time, up to one hundred twenty (120) days from the date such license would have expired, in the event it is believed by the chief administrative officer that the reasons for not granting the renewal of such license can be resolved within such time. No license may be extended beyond one hundred twenty (120) days without action of the city council.

(h) In the discretion of the chief administrative officer, any application for the renewal of an existing license may be transmitted to the city council by the chief administrative officer for determination by the city council whether such license should be issued or such renewal granted consistent with the ordinances of the city.

(i) In the event the chief administrative officer shall determine not to renew any license, such determination, the reasons therefor, and notice of appeal rights shall be set forth in writing and delivered by certified United States mail to the applicant, and a copy thereof submitted to the city council. Any applicant may appeal such decision to the city council by giving notice of such intent in writing and delivering such notice to the chief administrative officer within thirty (30) days of the date of such notice. In the event of an appeal, such license shall remain in effect until final action is taken thereon by the city council.

(j) With respect to any application that comes before the city council for determination by it, the city council may, but need not, conduct a public hearing with respect to any application for a new license. The city council shall conduct a hearing with respect to any appeals it receives from a determination by the chief administrative officer not to renew an existing license. The applicant may be represented by counsel at such hearing. At such hearing, the chief administrative officer, with the assistance of the city attorney, shall put before the council such evidence as the chief administrative officer believes is relevant to the determination not to renew the license. The applicant may then put on such evidence before the city council as the applicant believes supports the granting of such renewal. All witnesses who testify with respect to the pending application shall be sworn under oath by the mayor, and the proceedings shall be recorded by a qualified court reporter. Formal rules of evidence shall not apply.

(Gen. Ords. 1959, §44.09(a); Ord. No. 6375, §1, 1—18—79; Ord. No. 7070, §1, 7—21—83; Ord. No. 7274, §1, 11—15—84; Ord. No. 9071, §1, 9-6-01; Ord. No. 9338, §1, 10-2-03)

Sec. 3—66. License to describe premises for which issued.

Each liquor license issued pursuant to this division shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and the license shall not authorize or permit the sale of intoxicating liquor at any place other than that described therein. (Gen. Ords. 1959, §44.09(b))

Sec. 3—67. Limitation on number of licenses which may be outstanding.

(a)Original package sales. Except as provided in this section, no license shall be granted by the city after the first day of January, 1983, for the retail sale of intoxicating liquor in the original package in excess of one such license for each two thousand (2,000) inhabitants of the city, as established by the most recent United States decennial census. It is further provided that after the effective date of this ordinance [Ordinance No. 7034], the total of licenses issued for retail sale of intoxicating liquor in the original package and for retail sale of malt liquor in the original package together shall not exceed one for each fifteen hundred (1,500) inhabitants of the city, as established by the most—recent United States decennial census. Except as provided in paragraph (e) of this section, no licenses shall be issued in excess of such limitation.

(b)Sales of malt liquor by the drink.  Except as provided, no license required by this division shall be granted after the second day of January, 1962, by the city for the sale of malt liquor at retail, by the drink, in excess of one such license for each three thousand (3,000) inhabitants of the city, as established by the last United States decennial census.

(c)Restaurant licenses not to be counted in determining limitations. Any licenses issued to a restaurant shall not be counted in determining the number of licenses which have been issued pursuant to this division.

(d) In determining the number of licenses which may be issued pursuant to the provisions of paragraphs (a) and (b) of this section, only such number of licenses shall be issued as shall be determined by dividing the total number of inhabitants of the city, as established by the last United States decennial census at the time such determination is made, by the number of inhabitants of the city as required in those paragraphs, and using the whole number quotient obtained by said division without regard to fractions or portions in excess thereof.

(e) Nothing contained in this section shall deny the right of the Director of Finance to renew licenses existing on the first day of January, 1962, or deny the right of the Director of Finance to issue a new license to any purchaser of any retail liquor establishment licensed at the time of the purchase if the purchaser is otherwise qualified and eligible to become a licensee for a retail license of any class, notwithstanding that the number of such licensed places exceeds the limitation prescribed in this section. (Gen. Ords. 1959, §44.05; Ord. No. 4745, §4, 1—11—62; Ord. No. 6259, §10, 3—23—78; Ord. No. 7034, §1, 4—21—83; Ord. No. 9338, §1, 10-2-03)

Sec. 3—68. Display of license.

Liquor licenses shall at all times be prominently displayed in the room in which the licensed business is conducted, and it shall be unlawful for any liquor licensee to carry on or conduct any licensed liquor business without keeping his license within plain view in his place of business. (Gen. Ords. 1959, §44.15)

Sec. 3—69. Transferability.

No liquor license is transferable or assignable. (Gen. Ords. 1959, §44.16)

Sec. 3—70. Revocation.

Whenever it is shown to the council that a licensee under this division has not kept an orderly place or has violated any provision of this chapter or of the Liquor Control Act of the state, or has made a false affidavit in his application for a license, or has failed to furnish additional sureties on his bond after demand therefor by the council, the council, after a hearing thereon, shall revoke the liquor license of the licensee, giving ten (10) days' notice in writing thereof prior to the hearing thereon to the licensee, or to any person in charge of or employed in the place licensed, stating the time, place, purpose and grounds therefor, at which hearing the licensee may have counsel and produce witnesses in his behalf. Any person violating any provision of this article shall also be subject to the penalty provided for in section 1—8. (Ga. Ords. 1959, §44.26; Ord. No. 4745, §8, 1—11—62)

Sec. 3-71 Sales to license dealers only.

Wholesalers of intoxicating liquor or nonintoxicating beer, or their agent, servant, officers or employees shall not, under any circumstances, directly or indirectly, sell any intoxicating liquor or nonintoxicating beer to any person not properly licensed for the resale of such intoxicating liquor or nonintoxicating beer. (Ord. 8230, 7-15-93)

Sec. 3-72 Financial interest in retail prohibited.

Wholesalers or their agents, servants, officers or employees, shall not, under any circumstances, directly or indirectly, have any financial interest in the retail business for sale of intoxicating liquors, and shall not, directly or indirectly, loan, give away or furnish equipment, money, credit or property of any kind, except ordinary commercial credit for liquors sold to such retail dealers. Any wholesaler who shall violate the provisions of this section, or permit their employees, officers or agents to do so shall be subject to the provisions established under Section 1.8 of the Kirkwood Code of Ordinances. (Ord. 8230 7-15-93)

Secs. 3-73—3-85. Reserved.

DIVISION 3. OPERATIONS

Sec. 3—86. Sales on Sundays and election days; sales authorized when New Year's Eve is on Sunday.

(a) Any person now or hereafter holding any appropriate license for Sunday sales may sell, give away, or otherwise dispose of or permit the sale or disposition on or about that person's premises of intoxicating liquor between the hours of 9:00 a.m. and midnight on Sunday.

(b) No person having a liquor license shall sell, give away or otherwise dispose of or permit the sale or disposition on or about that person's premises of any intoxicating liquor or malt liquor upon the day of any election when the sale or disposition on such day is prohibited by the applicable Missouri state liquor license statutes and regulations. Such sale or disposition may be permitted thirty (30) minutes after the time of affixed by law for the closing of the polls if so provided by applicable state statutes.

(c) When January first, March seventeenth, July fourth, or December thirty-first falls on Sunday, and on the Sundays immediately prior to Memorial Day and Labor Day and on the Sunday on which the 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 that person's license on that day from the time and until the time which would be lawful on any Tuesday through Saturday, notwithstanding any provisions of this section or any other provision of law to the contrary."

(Ord. No. 9338, §1, 10-2-03)

Sec 3—87. Original package purchase not to be consumed on the premises where sold.

Intoxicating liquor purchased in the original package shall not be consumed or permitted to be consumed upon any premises where intoxicating liquor is authorized to be sold, nor shall such packages be opened on the premises where purchased.

Sec. 3—88. Reserved.

Editor's note—Ord. No. 6259, § 12, adopted March 23, 1978, repealed former § 3—88, which section provided that licensees authorized to sell malt liquor at retail by the drink for on—premises consumption shall not sell intoxicating liquors other than malt liquor. Said former section was derived from Gen. Ords. 1959, § 44.18.

Sec. 3—89. Closing hours.

(a) Except for those persons having a Sunday sales license, no person shall sell, give away, or otherwise dispose of or permit the sale or disposition on or about that person's premises of any intoxicating liquor or malt liquor in any quantity by the drink at retail for consumption or in the original package between the hours of 1:30 a.m. and 6:00 a.m. on weekdays, and between the house of 1:30 a.m. on Sunday and 6:00 a.m. on Monday.

(b) A person with a Sunday sales license shall not sell, give away, or otherwise dispose of or permit the sale or disposition on or about the person's premises of any intoxicating liquor or malt liquor in any quantity by the drink at retail for consumption or in the original package between the hours of 1:30 a.m. and 6:00 a.m. on weekdays, between the hours of 1:30 a.m. and 9:00 a.m. on Sunday, and between the hours of midnight Sunday night and 6:00 a.m. on Monday.

(Ord. No. 9338, §1, 10-2-03)

Sec. 3—90. Keeping of intoxicating liquor other than that authorized by license.

The holder of a license issued pursuant to this article authorizing the sale of any liquor at retail by the drink shall not keep or secrete, or allow any other person to keep or secrete, in or upon the premises described in the license, any intoxicating liquor other than the kind of liquor expressly authorized to be sold by the licensee.

Sec. 3—91. Display of intoxicating liquor.

It shall be unlawful to display in any store window or show window any intoxicating liquor, or any package, bottle or container bearing the label or brand of any intoxicating liquor.

Sec. 3—92. Sales to be made on licensed premises only; obstruction of view of premises.

No person, agent, or employee of any person in any capacity, shall sell intoxicating liquor or malt liquor in any other place than that designated in a liquor license issued pursuant to this article or in the license of his employer, or at any other time or otherwise than is authorized by this article, nor elsewhere than on the first or ground floor of the place or building designated in the license; nor in any building or room where there are blinds, screens, curtains, or any other thing or object so placed in the building or room that it does obstruct or obscure from public view any portion of the interior of such room where intoxicating liquor or malt liquor is sold, delivered or drunk.

Sec. 3—93. Furnishing intoxicating liquor to drunkards, intoxicated persons or minors.

(a) No person or his employee shall sell or supply intoxicating liquor or permit it to be sold or supplied to any person who is under or apparently under the influence of intoxicating liquor.

(b) Intoxicating liquor shall not be given, sold or otherwise supplied to any person under the age of twenty—one (21) years, but this shall not apply to the supplying or administering of intoxicating liquor to a person under twenty—one (21) for medicinal purposes only by a physician, or by the parent or guardian of such person.

(c) Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one to drink or possess intoxicating liquor is his or her parent or guardian, is in violation of this section.

(Ord. No. 9669, §2, 04-05-07)

Sec. 3—94. Employment of minors.

(a) Except as provided in paragraphs (b) through (d), no liquor license holder shall employ any person under the age of twenty-one (21) years to sell or assist in the sale or dispensing of intoxicating liquor or malt liquor, and no person under the age of twenty-one (21) years shall sell or assist in the sale of intoxicating liquor or malt liquor.

(b) In any place of business licensed in accordance with state law and the ordinances of the City persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register and accept payment for, and sack for carryout, intoxicating liquor or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this paragraph, shall have an employee twenty-one years of age or older on the licensed premises during all hours of operation.

(c) In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail. Any wholesaler licensed pursuant to state law and the ordinances of this City may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor or non-intoxicating beer.

(d) Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor or non-intoxicating beer in places of business which sell food for consumption on the premises if at least fifty percent of all sales in those places consists of food; provided that nothing in this section authorize persons under twenty-one (21) years of age to mix or serve across the bar intoxicating beverages or non-intoxicating beer.

(Gen. Ords. 1959, §§44.24, 44.243; Ord. No. 4549, §1, 11—21—59; Ord. No. 6259, §17, 3—23—78; Ord. No. 8795, §1, 2-18-99)

Sec. 3—95. Coin—operated dispensing devices prohibited.

No person licensed pursuant to this article shall use or permit to be used upon his licensed premises any self—service, coin—operated, mechanical devices for the purpose of selling or dispensing intoxicating liquor or malt liquor or nonintoxicating beer.

Secs. 3—96—3—115. Reserved.

ARTICLE III. NONINTOXICATING BEER

DIVISION 1. GENERALLY

Sec. 3—116. Definitions.

As used in this article, the following terms shall have the meanings ascribed to them:

Intoxicating liquor shall mean 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 three and two— tenths (3.2) per cent of alcohol by weight.

Nonintoxicating beer shall mean any beer manufactured from pure hops, or pure abstract of hops, and pure barley, malt and 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 (½ of 1) per cent by volume, and not exceeding three and two—tenths (3.2) per cent by weight.

Original package shall mean any package containing three (3), six (6), twelve (12), or twenty—four (24) small standard beer containers, and any package containing three (3), six (6) or twelve (12) large standard beer containers, when such containers contain nonintoxicating beer.

Premises shall mean the entire building in which a licensee under this article has his place of business, and any additional building used in connection therewith, and the entire lot or parcel of land on which the building is situated, or which are used in connection with the building.

Transportation company shall mean any person engaged in the business of transportation for hire of goods and merchandise by means of any vessel, railroad car, motor vehicle, aeroplane or other means of conveyance to whom any of the provisions of this article may apply. (Gen. Ords. 1959, § 45.01)

Sec. 3—117. Beer to be obtained from lawful sources.

No person shall possess nonintoxicating beer within the city unless it has been acquired from a person authorized to sell the beer, and the package in which the nonintoxicating beer is contained and from which it is taken for consumption has, while containing the nonintoxicating beer, been labeled and sealed as provided by this article and the regulations made hereunder. (Gen. Ords. 1959, §45.23)

Sec. 3—118. Duty of the police department to report violations.

It shall be the duty of the members of the police department to see that the provisions of this article are obeyed and it shall be their duty to report to the chief of police the names of the persons and addresses of all places where nonintoxicating beer is sold at retail where such places are not kept in an orderly manner, and the information shall, by the chief of police, be transmitted to the council. (Gen. Ords. 1959, §45.24)

Secs. 3—119—3—133. Reserved.

DIVISION 2. LICENSES

Sec. 3—134. Required for sale or manufacture.

No person in the city shall manufacture or brew or sell nonintoxicating beer either at wholesale or at retail in the original package, or by the drink to be consumed on the premises sold, except as provided in this article, without having first applied for and obtained a license therefor. (Gen. Ords. 1959, §45.02)

Sec. 3—135. Persons exempt from license requirements.

Any person licensed by the city pursuant to this chapter to sell intoxicating liquors or malt liquors at retail, either in the original package or by the drink, to be consumed on the premises where sold, may sell on the premises described in that license nonintoxicating beer without obtaining the license required by this division. (Gen. Ords. 1959, §45.04; Ord. No. 6259, §19, 3—23—78)

Sec. 3—136. Separate license required for each place of business.

A separate license required by this division shall be obtained for each place of business, and no person shall sell nonintoxicating beer in any other place than that designated in the license. (Gen. Ords. 1959, §45.05)

Sec. 3—137. Persons eligible for license.

No person shall be granted a license required by this division unless he is of good moral character and a citizen of the United States of America and a qualified legal voter and taxpaying citizen of the city. No corporation shall be granted a license unless the managing officer of the corporation is of good moral character and a qualified legal voter and tax—paying citizen of the city. No person shall be granted a license whose license as such 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 any law applicable to the manufacture or sale of intoxicating liquor, or who employs or has employed in his business, as such dealer or licensee, any person whose license has been revoked or who has been convicted of violating any such law since that date. (Gen. Ords. 1959, §45.03; Ord. No. 6259, §20, 3—23—78)

Sec. 3—138. Premises ineligible for on—premises consumption license.

No license required by this division shall be granted for the sale of nonintoxicating beer at retail by the drink for consumption at the place where sold, in a building occupied or used for an immoral or unlawful purpose, nor in any room or portion of a building connected by any entrance or exit, or other means of communication with any room or place used for an immoral or unlawful purpose. (Gen. Ords. 1959, §45.22)

Sec. 3—139. Annual license fees established; to be in lieu of portion of merchant's ad valorem tax.

(a) The annual license fees for licenses required by this division are as follows:

(1) For the manufacture or brewing of nonintoxicating beer....................................... $375.00

(2) For the sale by any distributor or wholesaler other than the manufacturer or brewer thereof of nonintoxicating beer................................................................... 25.00

(3) For the sale of nonintoxicating beer at retail for consumption on the premises where sold........................................................................................................... 37.50

(4) For the sale of nonintoxicating beer by grocers and other merchants and dealers, for sale in the original package direct to the consumer, but not for resale, and not to be consumed on the premises where sold..................................................................................................................... 22.50

(b) The annual license fees charged pursuant to subsection (a) are in lieu of the proportionate part of any merchant's license fee and ad valorem tax for stock and sales of non— intoxicating beer under this Code and the value of stocks of nonintoxicating beer and the aggregate amount of sales thereof made by any licensee shall not be returned by such merchant for purposes of merchant's license or ad valorem tax, nor shall such stock or sales be included in the computation of any merchant's license or ad valorem tax.

(Gen. Ords. 1959, §§ 45.06, 45.07)

Sec. 3—140. Issuance, renewal and extension of licenses.

Upon receipt by the city comptroller of an application for an original license pursuant to this division, or upon receipt of an application for the renewal of such license pursuant to this division, such application shall be processed as follows:

(a) The Director of Finance shall review the application to determine that it is complete and accompanied by the appropriate fee for the license sought. The Director of Finance shall also determine whether the applicant has any outstanding financial obligation to the city. If such application is deficient or if the applicant has any unsatisfied financial obligations to the city, such application shall be returned to the applicant with the deficiencies or the obligations noted thereon. When the application is complete and all outstanding obligations, if any, to the city satisfied, the application shall be transmitted to the chief administrative officer.

(b) Upon receipt of the application, the chief administrative officer shall promptly notify the chief of police and the building commissioner of the pending application.

(c) The chief of police shall promptly notify the chief administrative officer if the applicant as known by the chief of police is in violation of any of the provisions of this chapter, any state statutes, or any other reason such applicant is not eligible for such license.

(d) The building commissioner shall promptly undertake an inspection of the premises for which the license is sought and shall notify the chief administrative officer and the applicant if there are any deficiencies in such premises under any applicable city ordinances.

(e) Upon receipt of all reports provided for above, application for original licenses shall be transmitted to the city council for its consideration. Such license shall be issued by the council, provided:

(1) The chief of police sets forth no reasons which prohibit such license be issued under law;

(2) The building commissioner reports that the premises for which the license has been sought conforms to all applicable city ordinances;

(3) The chief administrative officer is satisfied that the issuance of such license conforms to all applicable city ordinances; and

(4) The maximum number of licenses for such category has not been met as provided by these ordinances.

(f) Upon receipt of all reports provided for above, the application for renewal of existing licenses shall be considered by the chief administrative officer who shall issue such renewal license on behalf of the city, provided:

(1) The chief of police sets forth no reasons which prohibit such license be issued under law;

(2) The building commissioner reports that the premises for which the license has been sought conforms to all applicable city ordinances; and

(3) The chief administrative officer is satisfied that the issuance of such license conforms to all applicable city ordinances.

(g) The chief administrative officer is authorized to extend the term of any existing license pending consideration of an application for renewal, in increments of time, from time to time, up to one hundred twenty (120) days from the date such license would have expired, in the event it is believed by the chief administrative officer that the reasons for not granting the renewal of such license can be resolved within such time. No license may be extended beyond one hundred twenty (120) days without action of the city council.

(h) In the discretion of the chief administrative officer, any application for the renewal of an existing license may be transmitted to the city council by the chief administrative officer for determination by the city council whether such license should be issued or such renewal granted consistent with the ordinances of the city.

(i) In the event the chief administrative officer shall determine not to renew any license, such determination, the reasons therefor, and notice of appeal rights shall be set forth in writing and delivered by certified United States mail to the applicant, and a copy thereof submitted to the city council. Any applicant may appeal such decision to the city council by giving notice of such intent in writing and delivering such notice to the chief administrative officer within thirty (30) days of the date of such notice. In the event of an appeal, such license shall remain in effect until final action is taken thereon by the city council.

(j) With respect to any application that comes before the city council for determination by it, the city council may, but need not, conduct a public hearing with respect to any application for a new license. The city council shall conduct a hearing with respect to any appeals it receives from a determination by the chief administrative officer not to renew an existing license. The applicant may be represented by counsel at such hearing. At such hearing, the chief administrative officer, with the assistance of the city attorney, shall put before the council such evidence as the chief administrative officer believes is relevant to the determination not to renew the license. The applicant may then put on such evidence before the city council as the applicant believes supports the granting of such renewal. All witnesses who testify with respect to the pending application shall be sworn under oath by the mayor, and the proceedings shall be recorded by a qualified court reporter. Formal rules of evidence shall not apply.

(Ord. No. 9338, §§1, 10-2-03)

Sec. 3—141. Transferability.

No license issued pursuant to this division shall be transferable or assignable.

Sec. 3—142. Posting license.

All licenses issued under this division shall be kept conspicuously posted in the place for which license was issued.

Sec. 3—143. Restrictions on brewer's and wholesaler's licenses.

A license issued pursuant to this division to brew or manufacture nonintoxicating beer shall authorize the sale of nonintoxicating beer to distributors or wholesalers for resale to retailers only, or direct to retailers. A license authorizing a distributor or wholesaler to sell nonintoxicating beer shall authorize the sale thereof only to persons authorized to sell nonintoxicating beer to consumers, and not for resale. No license to manufacture, brew or sell at wholesale shall authorize the sale of nonintoxicating beer direct to consumers.

Sec. 3—144. Scope of license authorizing on—premises consumption.

Any license issued pursuant to this division authorizing the sale of nonintoxicating beer at retail for consumption on the premises described in the license, shall authorize the sale by the bottle, by the glass, on draught, and in the original package.

Sec. 3—145. Conviction of violation of this article to constitute grounds for revocation of license; period during which new license not to be issued.

Any person convicted of the violation of any provision of this article shall suffer, in addition to the penalties provided by section 1—8 from the date of the conviction, the revocation of his license to sell nonintoxicating beer, and he shall not thereafter, for a period of one (1) year after the date of such conviction be entitled to any license for any purpose authorized in this article.

Sec. 3—146. Revocation or suspension by the council; grounds; hearing.

(a) Any licensee under this division who violates any provision of this article or any rule, regulation, order or direction of the council issued pursuant thereto, shall in addition to any other penalties, and in the discretion of the council, suffer the revocation of his license, or the suspension of his license for not exceeding ten (10) days. Whenever a license is revoked, no other additional license shall be issued to the same person on any other premises for a period of one (1) year from the date of the revocation.

(b) Before revoking or suspending any license issued pursuant to this division, the council shall give the licensee at least ten (10) days' written notice of any complaint or charge against him and the nature of the complaint or charge, and shall fix the date for the hearing on the complaint or charge, upon which hearing the licensee shall have the right to have counsel and to produce witnesses in his behalf. If the council shall, after the hearing, revoke or suspend the license of such licensee, its decision and action shall be final.

Secs. 3—147—3—161. Reserved.

DIVISION 3. OPERATIONS

Sec. 3—162. Hours of operation.

"Persons licensed pursuant to this Article to sell nonintoxicating beer shall be subject to the limitations on the hours of operation as set forth in Article II, Section 3—86 and Section 3—89."

 

Secs. 3—163, 3—164. Reserved.

Editor's note—Ord. No. 6115, April 14, 1977, repealed §§ 3—163, 3—164, pertaining to reports by brewers, wholesalers, and transportation companies, derived from Gen. Ords. 1959.

Sec. 3—165. Brewers and wholesalers restricted in business relations with retailers.

Brewers or manufacturers of nonintoxicating beer, or the employees, officers, agents, subsidiaries or affiliates thereof, shall not, directly or indirectly, have any financial interest in any retail business for the sale of nonintoxicating beer, nor shall they, directly or indirectly, loan, give away or furnish equipment, money, credit or property, except ordinary commercial credit, for such nonintoxicating beer sold to retailers. All contracts entered into between such brewers or manufacturers or their officers or employees, directors, or agents, concerning any of their products, or obligating any retail dealer to buy or sell the major part of such products required by the retail dealer from any such brewer or manufacturer, shall be void, and the proof of the execution of such contract shall be grounds for revoking the license of both the vendor and the vendee.

Sec. 3—166. Required labeling of containers.

(a) Each manufacturer or brewer manufacturing or brewing nonintoxicating beer in the city, and each manufacturer or brewer, distributor or wholesaler outside the city shipping any nonintoxicating beer into the city for sale therein at wholesale or retail, shall cause every bottle, barrel, keg and other container of such nonintoxicating beer to have on the label thereon, in plain letters and figures, "alcoholic content not in excess of 3.2% by weight," or "alcoholic content not in excess of 4% by volume." Any beer not so labeled shall be deemed to have an alcoholic content in excess of three and two—tenths per cent (3.2%) by weight, and the sale thereof in the city shall be subject to all the regulations and penalties provided for the sale of beer having an alcoholic content in excess of three and two—tenths per cent (3.2%) by weight.

(b) No person shall sell or offer for sale in the city any nonintoxicating beer unless sold or offered for sale in the original bottle or container or in the original package containing bottles or containers bearing the original label and full name of the brewer or manufacturer thereof, both upon the label, upon the bottle or container and upon the cap or cork of the bottle, or unless, in the case of the sale of nonintoxicating beer on draught, drawn from the original keg or barrel having stamped on the ends thereof the full name of the manufacturer or brewer.

Sec. 3—167. Adulteration of nonintoxicating beer.

Each holder of a license issued pursuant to this article shall use every precaution to prevent any person on the premises described in the license from pouring into, mixing with or adding to nonintoxicating beer, any alcohol or other liquid, or any alcohol cube or cubes, or other ingredient or ingredients that will increase, or tend to increase, the alcoholic content of such beer.

Sec. 3—168. Original package licenses not to allow package to be broken or beer consumed on the premises.

Any person authorized to sell nonintoxicating beer in the original package pursuant to this article shall not allow any original package to be broken, or any nonintoxicating beer to be consumed in or upon the premises where sold.

Sec 3—169. Retailers not to have intoxicating liquor on premises.

No person holding a license issued pursuant to this division to sell nonintoxicating beer at retail, either in the original package or for consumption on the premises, shall have, keep or secrete on or about the premises described and covered by the license, any intoxicating liquor of any kind or character. No manufacturer or wholesale distributor shall sell any intoxicating liquor to any such licensee.

Sec. 3—170. Premises licensed for on—premises consumption.

(a) Every person licensed pursuant to this article to sell nonintoxicating beer by the drink at retail to be consumed at the place where sold, shall conduct such business in a single room located on the ground floor immediately abutting on the public street, and no such place shall be equipped with blinds, screens, swinging doors or any other thing that will obstruct or obscure the interior of such room from public view from the street. The licensee may maintain, in connection with and adjoining the room in which nonintoxicating beer is sold at retail by the drink, an open air space, commonly called a summer garden, for serving nonintoxicating beer whenever one (1) boundary, at least, of the open air space is a public street or highway and the open air space is so fenced and equipped as to permit an unobstructed view of the whole of such open air space from the street.

(b) Notwithstanding the provisions of subsection (a) a not-for-profit company principally involved in the promotion of athletic events on its premises which is not within 100 feet of any church, school or other building regularly used as a place of religious worship may be granted a license as provided in this division for the sale of nonintoxicating beer for consumption on the premises subject to the following:

(1) A single service line for the sale of nonintoxicating beer

(2) No more than 2 beers per person per sale

(3) Persons involved in the sale of nonintoxicating beer shall be over the age of 21 and shall have received training in the service of alcoholic beverages from a recognized training program.

(4) Annual review by the Kirkwood City Council.

(Ord. No. 8502, §1, 4-4-96)

Sec. 3—171. Gambling and gambling devices.

No place where intoxicating beer is sold at retail by the drink shall have any gambling or gaming device and no place where nonintoxicating beer is sold at retail shall have therein any tables concealed or enclosed in private rooms or by partitions of rooms.


*Cross references—Intoxication and consumption of beverages in public places, §17—1; alcoholic beverages in parks, § 18—14.

State law references—Liquor control law, RSMo Ch. 311; authority of city to require licenses, RSMo § 311.20.