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Legislation #: 150109 Introduction Date: 2/19/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER
Title: Amending Chapter 10, Code of Ordinances, by amending sections 10-5, Employee liquor permit required, 10-36, Denial, suspension or revocation of license or permit, 10-40, Penalty for violation of chapter, 10-105, General requirements for temporary and annual catering permits, 10-133, Arts and cultural district zone employee and volunteer permits, 10-138, Non-profit organization temporary permit for sales by drink, 10-291, Generally, 10-293, Violations; penalty, 10-331, General requirements for all licensees, 10-339, Employment of and sales by minors, and 10-342, Sales-by-drink premises; minors, and repealing Section 10-292, Temporary employee liquor permit, and enacting new sections for the purpose of providing a structure by which more persons will qualify to work in establishments providing alcoholic beverages to the public.

Legislation History
DateMinutesDescription
2/18/2015 Filed by the Clerk's office
2/19/2015 Referred to Public Safety & Emergency Services Committee
2/25/2015 Hold On Agenda (3/4/2015)
3/4/2015 Hold On Agenda (3/18/2015)
3/18/2015 Do Pass as a Committee Substitute
3/19/2015 Assigned Third Read Calendar as Substituted
3/26/2015 Councilmember Sharp (Second by Marcason) Move To Re-refer
3/26/2015 Failed
3/26/2015 Councilmember Wagner (Second by Circo) Move To Hold On Docket
3/26/2015 Held on Docket (4/2/2015)
4/2/2015 Councilmember Wagner (Second by Sharp) Move To Hold On Docket
4/2/2015 Held on Docket (4/9/2015)
4/9/2015 Called for Question
4/9/2015 Failed
4/9/2015 Councilmember Wagner (Second by Sharp) Move To Hold On Docket
4/9/2015 Held on Docket (4/23/2015)
4/23/2015 Councilmember Sharp (Second by Wagner) Move To Hold On Docket
4/23/2015 Held on Docket (4/30/2015)
4/30/2015 Councilmember Taylor (Second by Hill) Move to Amend
4/30/2015 Failed
4/30/2015 Councilmember Sharp (Second by Wagner) Move to Amend
4/30/2015 Passed

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150109, AS AMENDED

 

Amending Chapter 10, Code of Ordinances, by amending sections 10-5, Employee liquor permit required, 10-36, Denial, suspension or revocation of license or permit, 10-40, Penalty for violation of chapter, 10-105, General requirements for temporary and annual catering permits, 10-133, Arts and cultural district zone employee and volunteer permits, 10-138, Non-profit organization temporary permit for sales by drink, 10-291, Generally, 10-293, Violations; penalty, 10-331, General requirements for all licensees, 10-339, Employment of and sales by minors, and 10-342, Sales-by-drink premises; minors, and repealing Section 10-292, Temporary employee liquor permit, and enacting new sections for the purpose of providing a structure by which more persons will qualify to work in establishments providing alcoholic beverages to the public.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10, Code or Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing sections 10-5, Employee liquor permit required, 10-36, Denial, suspension or revocation of license or permit, 10-40, Penalty for violation of chapter, 10-105, General requirements for temporary and annual catering permits, 10-133, Arts and cultural district zone employee and volunteer permits, 10-138, Non-profit organization temporary permit for sales by drink, 10-291, Generally, 10-292, Temporary employee liquor permit, 10-293, Violations; penalty, 10-331, General requirements for all licensees, 10-339, Employment of and sales by minors, and 10-342, Sales-by-drink premises; minors, and enacting new sections 10-5, Employee liquor permit required, 10-36, Denial, suspension or revocation of license or permit, 10-40, Penalty for violation of chapter, 10-105, General requirements for temporary and annual catering permits, 10-133, Arts and cultural district zone employee and volunteer permits, 10-138, Non-profit organization temporary permit for sales by drink, 10-291, Generally, 10-292, Violations; penalty, 10-331, General requirements for all licensees, 10-339, Employment of and sales by minors, and 10-342, Sales-by-drink premises; minors, to read as follows:

 

Sec. 10-5. Employee liquor permit required.

It shall be unlawful for any person to directly participate in the retail sale, delivery or dispensation of alcoholic beverages unless the person holds a valid employee liquor permit issued by the director. The term “directly participate in the retail sale, delivery or dispensation of alcoholic beverages,” as used in this section shall include delivering, taking orders for, accepting payment for, mixing, serving or assisting in mixing or serving alcoholic beverages. It shall be unlawful for any person to act in the capacity of but not limited to, bar manager, bartender, waiter, waitress, cashier, sales clerk, or doorman, or other person responsible for checking identification cards to determine age unless the person holds a valid employee liquor permit issued by the director.

 

Sec. 10-36. - Denial, suspension or revocation of license or permit.

 

(a) Grounds. Whenever it shall be shown or whenever the director has knowledge that:

 

(1) A licensee or permittee under this chapter has not at all times maintained an orderly place;

 

(2) The licensee or any employee, agent or servant of the licensee has violated any of the provisions of this chapter;

 

(3) The license or permit issued under this chapter was obtained through materially false statements in the application for an original license or permit or the renewal or transfer of location of an existing license, or for change of ownership or change in management or control of the business;

 

(4) The licensee or permittee failed to make a complete disclosure of all pertinent information in the application for original license or permit or the renewal or transfer of location of an existing license, or for change of ownership or change in management or control of the business under this chapter;

 

(5) The licensee, since the issuance of the license, has ceased to be the person actually engaged in the active control and management of the particular establishment for which the license was issued;

 

(6) Anything has occurred which would render the licensee or permittee or licensed premises ineligible or unsuitable for a license or permit under the provisions of this chapter;

 

then the director shall, in the case of an application for an original license or permit or the renewal or transfer of location of an existing license, or for change of ownership or change in management or control of the business under this chapter, disapprove the application, or may, in the case of an existing license or permit issued under this chapter, request a hearing before the board to consider whether to suspend for a period not to exceed 90 days, or revoke, the license or permit. The failure of any employee to secure a proper permit, as required by this chapter, shall be grounds for suspension or revocation of the retail license unless it can be shown by the retail licensee that the retail licensee had no knowledge of the violation and did not contribute thereto.

 

(b) Effect of revocation. Whenever any license or permit shall be revoked under the terms and provisions of this chapter, the licensee shall not thereafter be eligible for any license issued under this chapter at the location that the license was revoked; provided, however, in the case of the revocation of an employee liquor permit, the director shall have the discretion thereafter to reissue the permit.

 

Sec. 10-40. Penalty for violation of chapter.

 

(a)    Any person violating any provision of this chapter shall be deemed guilty of an ordinance violation. The municipal court shall have the power to hear and determine alleged violations of the provisions of this chapter. All persons convicted of violations under this chapter shall be punished by a fine of not less than $50.00 and not more than $1000.00, or by imprisonment for a term not to exceed six months, or by both a fine and imprisonment, where no other penalty is specifically provided for in this chapter. A person who fails to pay any fine assessed upon conviction under this chapter may be committed until the fine is paid at the current per diem rate and the judgment of the court satisfied.

 

(b) Each day that a violation of this chapter continues shall be deemed a separate offense and shall be proceeded against as in the first instance. In addition, any violation of any provision of this chapter shall be grounds for suspension or revocation of any license or permit after a hearing before the board, as provided for in this chapter.

 

Sec. 10-105. General requirements for temporary and annual catering permits.

 

(a)    Requirements.

 

(1) Eligibility. Only a Kansas City, Missouri liquor-by-the-drink licensee is eligible to receive a catering permit. A catering permit may be issued for the following types of events:

 

a.                   Any outdoor catered event is eligible to be permitted.

 

b.                  An indoor catered event is eligible to be permitted if the premise has a current city and state liquor license.

 

c.                   For any premises that does not have a current city or state liquor license, an indoor catered event is eligible to be permitted if:

 

1. An application for a liquor license or catered event has not been denied or withdrawn from the location of the premises where the catered event is to be held, and; the director has no reason to believe that the proposed premises has or will cause a nuisance to or change in character of the immediate area surrounding the premises, and the director has no reason to believe that lewd and indecent conduct has or will occur on or within the immediate vicinity of the proposed premises. A nuisance may include but will not be limited to noise, traffic and parking associated with the operation of the premises from patrons or other persons frequenting the premises. Lewd and indecent conduct may include but will not be limited to public urination exhibited by persons frequenting the proposed premises or by the licensee or his employees, servants or agents.

 

a. If the director informs the applicant that the application for a catered event may be denied, the applicant, within 45 days of the filing of the application, may furnish to the director consent forms signed from a majority of eligible consenters, as defined in this chapter, from a minimum of 15 property parcels as defined by geographic information systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 250 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. For any premises that does not either intersect or include the boundaries of a minimum of 15 property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1,500 feet until the premises is intersected by or within the boundaries of a minimum of 15 property parcels. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public frequenting the establishment. If the proposed catered event will include a 3:00 a.m. license, the applicant must furnish consent forms to the director in the same manner described above from a minimum of 30 property parcels wholly within or intersected by a radius of 500 feet from the proposed premises.

 

2. The event is private and:

 

a.                   Everyone in attendance is there by invitation only and a copy of the pre-arranged invitation/guest list, which lists each individual's name who was invited, is available on premises during the catered event, and;

 

b.                  There is no entry fee, admission charge, door charge, ticket sales or donations of any kind taken to attend the catered event and food, beverages or entertainment are not being sold or provided for compensation, and;

 

c.                   The catered event is not advertised to the public at large in any way.

 

(2) Application. Must be filed with the director at least ten weekdays prior to the date that the scheduled function, occasion, or event is to take place. After appropriate documentation is received and reviewed by the director, an approval letter may be issued. The approval letter is sent to the state via fax, electronic mail, carrier, or postal mail. Upon receipt of all required documentation, including an approved state catering license, the city may issue a catering permit. Failure to provide any of this information will prevent the establishment from obtaining a catering permit. It is mandatory that both a city permit and state license must be available for display upon request of any law enforcement officer and/or investigator designated by the director for any catered event.

 

(3) Contents of application. A liquor-by-the-drink licensee desiring to obtain a temporary or annual catering permit under the terms of this chapter shall make application to the director, in writing, and under oath on a form created by the director. Each answer in the application blank shall be considered material to the issuance of the license and the applicant shall answer each question in the application in full. The applicant shall provide:

 

a.                   The individual designated as the managing officer or the individual in active control of the original liquor license under this chapter shall make application for an annual or temporary catering permit. This individual must provide the name and residential address of the applicant. If the application is on behalf of a partnership, the names, and residential addresses of all partners or any person who has a financial interest in the partnership must be provided. If the application is on behalf of a corporation the name and address of the corporation, and names and residential address of individuals with more than ten percent interest in the corporation must be provided.

 

b.                  A description and address of the proposed liquor-by-the-drink licensed premises for which a license is sought or, in the case of a caterer, where food and alcohol will be stored or prepared for off-premises consumption to which the license will be attached.

 

c.                   A certificate from the directors of codes administration, fire, and health stating that the catered location site complies with respective codes.

 

d.                  The date, starting time and ending time of the function, occasion, or event.

 

e.                   Security. A detailed description of security measures for crowd control, which shall be approved by the director of neighborhoods and housing services, including the number of security employees, as well as the number of commissioned security officers.

 

f.                   Portable toilets. For outdoor events, the number of portable toilets available to all patrons, members, guests or customers.

 

g.                  Traffic control plan. For outdoor events, a plan must be approved by the city public works department and the city police department.

 

h.                  A copy of the state catering license.

 

i.                    Street closure. If a public street will be blocked off for a function, occasion or event, a permit for a street closure must be obtained from the public works department.

 

j.                    Any additional information which the director may reasonably require for consideration of the issuance of a catering permit.

 

(4) Approval letters.

 

a.                   Sponsor/property owner letter. A copy of the approval letter between the property owner upon which the function, occasion or event is to take place and the sponsor of the function, occasion or event must be provided to the director with the application for a catering permit. The letter must state the agreed upon date, starting and ending time, and the actual location of the function, occasion, or event.

 

b.                  Caterer/sponsor letter. A copy of the agreement letter between the Kansas City, Missouri, liquor-by-the-drink licensee applying for the catering permit and the sponsor for the function, occasion, or event. The letter must state the type of event being hosted.

 

(5) Diagram of the catered premises. There must be a diagram of the premises, which includes a diagram of the areas where the alcohol will be sold and consumed. If the event is to be held outside, the diagram should show how the alcohol will be contained (a description of the barriers used to enclose the area of the event). If there will be any outdoor seating, the location must be provided on the diagram including a measurement of the entire outside perimeter of the event and the locations of portable toilets, traffic barriers and the number of security officers posted.

 

(6) Dance hall permit. If there will be dancing at the event, a dance hall permit must be obtained by the restaurant/bar or caterer from the director of neighborhoods and housing services. The dance hall permit fee is $15.00 a day.

 

(7) Additional requirements. The director may require the submission of additional items to ensure all requirements have been met.

 

(b) Limitations.

 

(1)               An applicant who is granted a catering permit shall staff the function, occasion or event with at least one employee from the liquor-by-the-drink licensed premises for that specific permitted event.

 

(2)               Anyone directly participating in the retail sale, delivery or dispensation of alcoholic beverages at a catered function, occasion or event must have an employee liquor permit as described in section 10-5 of this chapter.

 

(3)               A catering permit shall only authorize the sale of the same type of alcohol during the same operational hours as permitted by the original license for the restaurant/bar or as authorized on the original license for the caterer.

 

(4)               Alcohol served at outdoor events must be served in plastic containers.

 

(5)               No catering permits will be issued for any non-licensed premise when the director determines that the intent is to operate as a venue holding a permanent liquor license.

 

(6)               No catering permit will be issued for any non-licensed premise that has made application for a city liquor license and is currently in the consent process.

 

(7)               A catering permit for any function, occasion or event held outdoors must have a sufficient number of restroom facilities or portable toilets for all persons expected to attend the event as determined by the director.

 

(8)               Additional limitations may be required by the director.

 

(9)               An application for a catering permit may be denied by the director.

 

(c) Specific requirements for a temporary catering permit.

 

(1)               Temporary catering permits shall be effective for a period not to exceed 120 consecutive hours.

 

(2)               A maximum of four temporary catering permits may be issued during the sale or transfer of an existing license.

 

(3)               The temporary catering permit fee is $15.00 a day.

 

(d) Specific requirements for an annual catering permit.

 

(1)               An annual catering permit allows a Kansas City, Missouri, liquor-by-the-drink licensee to hold an unlimited number of catering events annually.

 

(2)               A catering event notification form, as supplied by the director, must be completed and submitted by the liquor-by-the-drink licensee a minimum of five business days in advance of the scheduled function, occasion or event.

 

(3)               The liquor-by-the-drink licensee must be in good standing with the city, defined by not having liquor code violations throughout the prior two-year period previous to the date of application.

 

(4)               The annual catering permit fee is $1,500.00. The application fee is $500.00. The fees are non-refundable.

 

(e) Violations. Any violation of the provisions set forth in chapter 10 of the Code of Ordinances of the city by a person holding a catering permit, or his employee, agent or servant, while operating under a catering permit which occurs on the premises being catered, shall cause the permittee and his employee, agent, or servant to be subject to administrative action by the director and prosecution as provided by chapter 10 as though the violation had occurred on the permittee's original licensed premises.

 

(f) Effect of denial of permit. If the application is denied, an application to protest the denial may be submitted to the director as referred to in chapter 10.

 

Sec. 10-133. Arts and cultural district zone employee and volunteer permits.

 

For licenses authorizing the serving of beer and light wine, it shall be unlawful for any person under the age of 21 to directly participate in the retail sale, delivery or dispensation of beer and light wine unless he or she holds a valid employee liquor permit, as described in section 10-5 and pursuant to the requirements of 10-339 and 10-373 of this chapter. Persons 18 through 20 years of age who do not hold a valid employee liquor permit described in 10-5 of this chapter may work on the premises if they do not directly participate in the retail sale, delivery or dispensation of beer and light wine in a manner as described in section 10-5 of this chapter.

Sec. 10-138. Non-profit organization temporary permit for sales by drink.

 

(a)    Notwithstanding any other provision of this chapter, a permit for the sale of intoxicating liquor 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 at a picnic, bazaar, fair, festival or similar gathering. The permit shall be issued only for the calendar days named therein and shall not authorize the sale of intoxicating liquor for more than twelve days in a calendar year by any such club or organization.

 

(1)               The applicant shall complete a form provided by the director no later than ten week days before the special non-profit event will take place. The application shall include:

 

a.                   The date and description of the special non-profit event.

 

b.                  The name and address of the applicant.

 

c.                   The location of the non-profit event.

 

d.                  The name and date of all special non-profit events previously conducted by the applicant during the current calendar year.

(2)               The applicant shall pay a daily fee of $15.00 for each day on which the event is to be conducted.

 

(3)               Any person who directly participates in the retail sale, delivery or dispensation of alcoholic beverages during a permitted non-profit event, as described in this section, shall not be required to hold a valid employee liquor permit.

 

(4) If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 9:00 a.m.

 

(5) The non-profit organization shall collect and provide to the city sales taxes due the city at the rate so designated by state and city ordinance at the time of the event.

 

(6) Wholesalers or distributors may provide customary storage, cooling or dispensing equipment for use by the permit holder during the days and hours authorized for the event.

 

(7) During non-profit events all persons directly participating in the retail sale, delivery or dispensation of alcoholic beverages, as defined in Section 10-5 of this chapter must be 21 years of age.

 

Sec. 10-291. Generally.

 

(a) Required. It shall be unlawful for any person to directly participate in the retail sale, delivery or dispensation of alcoholic beverages unless the person holds a valid employee liquor permit issued by the director as defined in section 10-5 of this chapter. However, a person who directly participates in the retail sale, delivery or dispensation of alcoholic beverages during a permitted non-profit event as described in section 10-138 of this chapter, or, a person who directly participates in the retail sale, delivery or dispensation of alcoholic beverages for a banquet that is located outside of a restaurant-bar or tavern space within a convention hotel or motel shall not be required to hold a valid employee liquor permit. No person shall be issued an employee liquor permit by the director unless the person is at least 21 years of age except as otherwise provided by sections 10-339 or 10-373 of this chapter. An employee liquor permit shall not be issued to any person who:

 

(1) Is a dangerous offender, persistent sexual offender or predatory sexual offender or has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) for murder, voluntary manslaughter, forcible rape, forcible sodomy, kidnapping, false imprisonment, first degree child molestation, second degree child molestation, sexual abuse or an attempt to commit any of the preceding crimes or an offense of a similar nature in other states as determined by the director.

 

(2) Is otherwise disqualified by state statutes or by the Code of State Regulations for employment on the licensed premises of an alcoholic beverage establishment.

 

(3) Within five years of the date of application has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) or has been released from confinement for a felony conviction, whichever is latest, involving a crime against a person or an offense of a similar nature in other states as determined by the director.

 

(4) Within three years of the date of application has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) or has been released from confinement for a felony conviction, whichever is latest, involving the sale of controlled substances or illegal drugs or narcotics or intent to distribute controlled substances or illegal drugs or narcotics or an offense of a similar nature in other states as determined by the director.

 

(5) Has been issued an alcoholic beverage license or permit from this or any other city or state that is currently suspended, or that has been revoked within two years immediately preceding the application.

 

(b) Application. Each application for an employee liquor permit shall be filed with the director on a form supplied by the director and shall be signed by the applicant. The application shall include:

 

(1) The applicant's complete name, home address, email address, personal telephone number, date of birth, and motor vehicle operator's license or other identification number.

 

(2) The applicant's height, weight, color of eyes, color of hair, and gender.

 

(3) A statement by the applicant affirming whether he or she is a convicted felon.

 

(4) A statement by the applicant of whether or not he or she has held an alcoholic beverage license or employee permit, and, if so, when and by what state or city the license or permit was issued, and whether or not any such license or permit has ever been suspended, revoked or disqualified, and, if suspended, revoked or disqualified, when and for what reason.

 

(5) An authorization signed by the applicant allowing law enforcement and probation and parole agencies to release criminal record information concerning the applicant.

 

(6) The applicant's criminal history record.

 

(7) A photograph of the applicant, to be taken by the director or his agents.

 

(8) A non-refundable application fee will be paid by the applicant to defray the cost of the application process and the required background check. If an applicant does not ask the director to conduct a criminal background investigation, the applicant will pay a reduced fee for an employee liquor permit to reflect the savings for not conducting the investigation.

 

(9) After a complete application has been filed with the director, the application will be investigated. The applicant may ask the director to conduct the criminal background investigation or the applicant may choose a licensed background investigation company, approved by the director, to conduct the investigation. The investigation shall include a review of all criminal records available including federal, all states and the records of all counties in the State of Missouri, specifically records regarding the registration of persons who have been found guilty of, pleaded guilty to or been convicted of sexual offenses. The investigation shall, at a minimum, include an investigation of the applicant’s background concerning everything listed under subsection (a) of this section. If the applicant uses a licensed background investigation company, the applicant must authorize the release of the investigation and require the company to send a copy of the applicant’s investigation to the director.

 

(c) Issuance. If the applicant meets the requirements of this section and this chapter, the director shall issue an employee liquor permit to the applicant which shall be valid for three years from the date of issuance. Upon expiration of the permit, the applicant may obtain a new permit in the same manner as provided in this section. After December 31, 2016, the holder of a valid employee liquor permit shall have the option of renewing his or her employee liquor permit online.

 

(d) Form of permit. Each employee liquor permit shall bear the physical description and photograph of the applicant and shall be laminated or be in a form, otherwise approved by the director, to prevent alteration.

 

(e) Invalidation, suspension or revocation. If any person who has been issued and holds an employee liquor permit shall be found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state), as described in subsection (a), the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this chapter, the director may file a request for hearing before the board in the manner provided in section 10-62(b) of this chapter to consider whether the permit should be suspended or revoked. Nothing shall preclude the informal disposition of contested cases by stipulation, consent order or default, or by agreed settlement. In the case of a revocation of an employee liquor permit, the director shall have the discretion to reinstate the permit as described in this chapter.

 

(f) Employment of felons. A retail licensee may employ a person convicted of any felony, as described in subsection (a), so long as the felon does not directly participate in the retail sale, delivery or dispensation of alcoholic beverages as defined in section 10-5 of this chapter.

 

(g) Possession and exhibition. While directly participating in the retail sale, delivery or dispensation of alcoholic beverages, any person holding an employee liquor permit under the provisions of this section shall be required to have the permit in his or her possession, and the permit or a color copy of the permit in the possession of the retail licensee shall be exhibited to the director or the director's agents or to any officer of the city police department upon demand. Failure to exhibit an employee liquor permit or a color copy of the permit as required by this subsection shall be prima facie evidence that the person does not hold a permit.

 

Sec. 10-292. Violations; penalty.

 

(a)    Employment of persons without permit. It shall be unlawful for any retail licensee to have in his employ to directly participate in the retail sale, dispensation, or delivery of alcoholic beverages, as described in section 10-5 of this chapter, any person who does not have an employee liquor permit issued by the director.

 

(b) False representations. It shall be unlawful for any person to use or possess any false or falsified employee liquor permit issued, or purporting on its face to have been issued, by the director for the purpose of using the permit to obtain employment in or to purchase alcoholic beverages from any premises granted a license under the provisions of this chapter, or to misrepresent to any licensee or his agent, servant or employee, or to the director or the director's authorized agents or any member of the police department, the person to be 21 years of age or older.

 

(c) Falsifying permit. It shall be unlawful for any person to manufacture, forge, reproduce in any way or otherwise falsify an employee liquor permit issued, or purporting on its face to have been issued, by the director, or to give, lend, sell or otherwise provide to any person a false, falsified, manufactured, forged or reproduced employee liquor permit issued by the director.

 

(d) Use of another's permit. It shall be unlawful for any lawful holder of an employee liquor permit issued by the director to give, lend, sell or otherwise provide the permit to any other person, or for any person not the lawful holder of the permit to use the permit for any purpose declared to be unlawful by the provisions of this division, or to give, lend, sell or otherwise provide the permit to any other person.

 

(e) Penalty. Any person found guilty of violating the provisions of this section shall be fined in a sum of not less than $100.00 and not more than $1000.00, or by a sentence of not less than 30 days and not more than six months imprisonment, or by both a fine and imprisonment.

 

Sec. 10-331. General requirements for all licensees.

 

(a) Responsibility of licensee. Licensees at all times are responsible for the conduct of their business and at all times are directly responsible for any act or conduct of any employee on the premises which is in violation of the provisions of this chapter or the regulations of the director.

 

(b) Duty to report. In the event that any licensee or an employee of the licensee knows or should have known that an unlawful or violent act has been committed upon or about the licensed premises, the licensee, or the employee, shall immediately report the occurrence to the director and the police department. The licensee and his employees shall cooperate with any law enforcement authority, agents of the Missouri Division of Liquor Control, and the director, or the director's agents, during the course of any investigation into the occurrence.

 

(c) Licenses posted on premises.

 

(1) While doing any business during the time for which a city alcoholic beverage license has been granted, all licensees shall post and keep displayed the license in a conspicuous place on the licensed premises so that any person visiting the premises may readily see the license, while the license is in effect. No licensee shall post the license or allow the license to be posted upon premises other than the premises licensed, or knowingly deface, destroy, or alter the license in any respect.

 

(2) A licensee shall also keep prominently displayed on the licensed premises, at all times while the city alcoholic beverage license is in effect, all federal tax stamps and state licenses, and county licenses, if applicable, issued to the licensee or to the licensed premises.

 

(3) For purposes of this chapter, if alcoholic beverages are sold, stored, distributed or consumed on the premises, and a city alcoholic beverage license is not posted in the manner as provided by this section, it shall be prima facie evidence that the premises is not licensed.

 

(d) Dress code posted on premises. All licensees that have a dress code in effect which may either allow or disallow any person from entering the licensed premises shall:

 

(1) Post and display the dress code in a conspicuous place within three feet of each entrance of the licensed premises during all operational hours so that it may be readily seen by any person visiting the premises. The posted dress code shall be in a print not less than 24-point, bold type and shall list all restrictions that will either allow or disallow any person from entering the licensed premises.

 

(2) Enforce the dress code as it is written and not deviate from the posted dress code by either allowing or disallowing a person from gaining entry into the licensed premises based on criteria other than what is listed on the posted dress code.

 

(3) Be in compliance with public accommodations ordinances as outlined in chapter 38.

 

(e) Condition of premises. All licensees shall at all times keep the licensed premises safe, clean and sanitary and in accordance with the applicable rules, regulations and ordinances of the city.

 

(f) Telephone. All licensees shall provide the number, including unlisted numbers, of any telephone used upon the licensed premises to the director, which number(s) shall remain a part of the licensee's record. The licensee shall notify the director, within five days, of the change of any telephone number upon the licensed premises.

 

(g) Books and records.

 

(1) All licensees shall keep complete and accurate records pertaining to the business. The records shall include a complete and accurate record of all purchases and gross sales of alcoholic beverages, prepared meals and food. The records shall include the names and addresses of all persons from whom alcoholic beverages are purchased, the dates, kinds and quantities of the purchases, and the dates and amounts of payments on account.

 

(2) All retail sales-by drink and sales-by-package licensees shall maintain on the licensed premises at all times a current record of all employees including the name, address, job title or classification and date of employment for each employee, which shall be made available for immediate inspection upon request of the director or his agents or any member of the police department.

 

(3) A licensee shall also keep all files, books, records, papers, state, county or city licenses, federal tax stamps, accounts and memoranda pertaining to the business conducted by the licensee, and shall also keep all records required by the director. Upon request of the director or his duly authorized agents and auditors, a licensee shall, within 48 hours, allow an inspection and audit to be made by the director or his agents of the files, books, records, papers, state, county or city licenses, federal tax stamps and accounts and memoranda, and shall allow copies to be made and taken of them. All records required to be kept by law or by regulation of the director shall be kept and preserved for a period of two years from the date the record was made. A licensee shall establish and maintain a uniform system of bookkeeping and accounts, according to generally accepted accounting practices.

 

(h) Distribution of earnings or assets. Any licensee, upon request of the director, shall file within 30 days, an affidavit showing the payment, or other distribution of all earnings or assets and the name and address of all persons to whom distribution or payment was made. Information furnished pursuant to this provision shall be confidential, except that it may be used for the purpose of administration and enforcement of liquor control laws and ordinances.

 

Sec. 10-339. Employment of and sales by minors.

 

(a) No retail licensee, nor employee of the licensee, shall permit any person under 21 years of age to directly participate in the retail sale, delivery or dispensation of alcoholic beverages as described in Section 10-5 of this Chapter upon the licensed premises, except that this prohibition shall not apply to:

 

(1)               Sales-by-drink licensed premises which do not qualify as a restaurant-bar as defined by section 10-1. A sales-by-drink or C.O.L. licensee may employ persons 18 through 20 years of age to work on the premises if the persons do not directly participate in the retail sale, delivery or dispensation of alcoholic beverages.

 

(2) Sales-by-drink licensed premises which qualify as a restaurant-bar as defined by section 10-1. A sales-by-drink or C.O.L. licensee who sells substantial quantities of food upon the licensed premises may:

 

a. Employ persons 18 through 20 years of age to work on the premises in the capacity of a waiter or waitress; however, no employee 18 through 20 years of age shall mix, pour or serve across the bar alcoholic beverages; and

 

b. Employ persons 16 and 17 years of age to work on the premises if the persons do not directly participate in the retail sale, delivery or dispensation of alcoholic beverages.

 

(3) Original package sales licenses without 50 percent gross sales of other merchandise. An original package sales licensee without 50 percent gross sales of other merchandise may employ persons 18 through 20 years of age to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages, so long as there is an employee of licensee, not less than 21 years of age, holding a valid employee liquor permit as described in section 10-5 of this chapter, on the licensed premises during all hours of operation. However, delivery of alcoholic beverages away from the licensed premises cannot be performed by any person under 21 years of age.

 

(4) Original package sales licenses with 50 percent gross sales of other merchandise. An original package sales licensee where at least 50 percent of the gross sales consist of goods, merchandise or commodities other than alcoholic beverages may employ persons 18 through 20 years of age to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages. However, delivery of alcoholic beverages away from the licensed premises cannot be performed by any person under 21 years of age.

 

(b)   Each employee under 21 years of age, allowed to directly participate in the retail sale, delivery or dispensation of alcoholic beverages upon the premises under this section must hold an employee liquor permit as described in section 10-5 of this chapter.

 

Sec. 10-342. Sales-by-drink premises; minors.

 

No sales-by-drink licensee, nor employee of the licensee, shall permit a person under 21 years of age to enter or remain upon the licensed premises, except that this prohibition shall not apply to:

 

(1) A sales-by-drink licensed premises which qualifies as a restaurant-bar as defined by section 10-1 of this chapter, so long as no person is semi-nude or performs semi-nude dance on the premises; or

(2) The employment of minors by a sales-by-drink licensee as permitted by section 10-339 of this chapter, so long as no person is semi-nude or performs semi-nude dance on the premises; or

(3) A person between 18 and 21 years of age providing or assisting in providing entertainment upon the licensed premises; or

(4) A person accompanied by parent or lawful guardian, so long as no person is semi-nude or performs semi-nude dance on the premises; or

(5) A sales-by-drink licensed premises affiliated with and located in a building principally operated as a museum, during the regular hours of museum operation, so long as no person is semi-nude or performs semi-nude dance on the premises. Nothing contained in this subsection shall authorize a licensee to operate a sales-by-drink premises contrary to the other provisions of this chapter; or

(6) A sales-by-drink licensed premises meeting the definition of a concert venue, so long as no person is semi-nude or performs semi-nude dance on the premises and all of the following are met:

a. A security compliance plan is on file with the director, and

b. All persons attending the event are required to be identified by a nontransferable marking or device indicating that they are under the age of 21 and/or 21 and older, and

c. Other requirements as determined by the director as needed to maintain public safety.

(7) Sales-by-drink licensed premises such as golf courses, bowling alleys, and theaters that derive at least 50 percent of their gross sales from goods, merchandise or commodities other than alcoholic beverages.

(8) Persons 18 through 20 years of age may be employed by a sales-by-drink specialty licensee to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages, so long as there is an employee of the licensee not less than 21 years of age holding a valid employee liquor permit as described in section 10-5 of this chapter upon the licensed premises during all hours of operation. Minors employed under this subsection are not permitted to mix or serve alcoholic beverages by the drink or deliver alcoholic beverages away from the licensed premises.

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Approved as to form and legality:

 

 

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Kathy Adams

Assistant City Attorney