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Legislation #: 971559 Introduction Date: 11/6/1997
Type: Ordinance Effective Date: 4/12/1998
Sponsor: COUNCILMEMBER SIMMONS
Title: Repealing Chapter 10, Code of Ordinances, entitled Alcoholic Beverages, and enacting in lieu thereof a new Chapter 10 entitled Alcoholic Beverages.

Legislation History
DateMinutesDescription
11/6/1997

Prepare to Introduce

11/6/1997

Referred Finance & Administration Committee

11/12/1997

Hold On Agenda

11/24/1997

Hold On Agenda

12/10/1997

Hold On Agenda

12/22/1997

Hold On Agenda

12/29/1997

Do Pass as a Committee Substitute

12/29/1997

Assigned to Third Read Calendar

1/8/1998

Re-Referred Finance & Administration Committee

1/14/1998

Hold On Agenda

2/4/1998

Hold On Agenda

3/4/1998

Hold On Agenda

3/25/1998

Advance and Do Pass as Second Committee Substitute

3/26/1998

Held on Docket

4/2/1998

Passed As Second Substitute


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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 971559

 

Repealing Chapter 10, Code of Ordinances, entitled Alcoholic Beverages, and enacting in lieu thereof a new Chapter 10 entitled Alcoholic Beverages.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri is hereby amended by repealing Chapter 10, entitled Alcoholic Beverages, and enacting a new Chapter 10 entitled Alcoholic Beverages, which reads as follows:

 

Chapter 10 ALCOHOLIC BEVERAGES

 

ARTICLE I. IN GENERAL

Sec. 10-1. Definitions.

 

As used in this chapter;

 

Alcoholic beverages means intoxicating liquor, malt liquor or nonintoxicating beer.

 

Annual gross sales means the applicant's gross sales shown on the applicant's prior year's state sales tax receipt or city occupational license tax receipt.

 

Board means the Liquor Control Board of Review established by the City under this chapter to conduct regulatory hearings in connection with the administration and enforcement of the provisions of chapter 10 of the citys code of ordinances.

 

Church means any building or structure regularly and primarily used as a place of worship by any organized religious society, organization or congregation, regardless of whether or not the building or structure was originally designed and constructed for that purpose.

 

Closed place means a place where all doors are locked and where no customers are in the place or about the premises.

 

Coin-operated amusement device means pinball machines, marble machines, music-vending machines, pool tables or machines, coin-operated shuffleboards and any other device operated by the insertion of a coin, disc or other insertion piece, whether or not also manipulated by the operator, and which operate for the amusement of the operator, whether or not by registering a score. It shall not include slot machines, claw machines, or other machines prohibited by state law. It shall not include machines or devices used bona fide and solely for the vending of service, food, confections or merchandise.

 

C.O.L. licenses means a license for the consumption of alcoholic beverages in or upon premises which do not possess a license for the sale of alcoholic beverages and where food, beverages or entertainment are sold or provided for compensation as provided in RSMo 311.480.

 


Commissioner means the Commissioner of Revenue of Kansas City, Missouri, or person authorized and designated by the Commissioner.

 

Condominium means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

 

Convention hotel or motel means any hotel or motel containing not less than 50 transient guestrooms, having a meeting room or similar facility with a seating capacity of not less than 50 persons and having a restaurant on the premises.

 

Customer means any person not an employee who enters or remains upon a licensed premises with actual or implied permission of the licensee or a person who purchases or otherwise partakes of any merchandise, goods, entertainment or other services offered upon the premises.

 

Dancer means any person performing a semi-nude dance, or who performs a dance for any customers upon the premises of an establishment that allows semi-nude dancing.

 

Director unless otherwise described, means the director of Neighborhood and Community Services, or a person designated by the director.

 

Dwelling means any place that is used regularly or irregularly as a place of repose, sleep, rest or any place containing a bed, cot, divan, couch or any other article of furniture on which an adult person may recline. However, this shall not include any premises used as a hotel, motel, or hotel room.

 

Eligible consenter means an owner of property in Kansas City, Missouri which is wholly within or intersected by a specified radius from a proposed premises and allowed to consent to the location of the premises as set forth in this chapter.

 

Employee means and includes an agent or servant, and shall be construed to mean every person working for or performing services on behalf of the licensee during actual or scheduled work hours.

 

High density office building means an office building used exclusively for the administrative functions of business firms, professional groups or societies, or any combination of those organizations, under the conditions of section 80-90 of the Code of Ordinances.

 

Intoxicating liquor or liquor means 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 preparation or mixtures for beverage purposes containing in excess of 3.2 percent of alcohol by weight.

 

Licensee means the holder of any licenses issued under the provisions of this chapter.

 

Malt liquor means any beer or other malt beverage manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content in excess of 3.2 percent by weight, but not in excess of 5 percent by weight.

 

Managing officer means the person who is in actual management and control, who may be designated by the corporation as the managing officer and who would be eligible as an individual to receive a license for the sale of alcoholic beverages, and who is a qualified voter of the State of Missouri.

 

Microbrewery means a business whose activity is the brewing and selling of beer, with an annual production of 10,000 barrels or less.

 

Nonintoxicating beer means any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than 0.5 percent by volume, and not exceeding 3.2 percent of alcohol by weight.

 

Original package means any package containing three or more standard bottles or cans of malt liquor or nonintoxicating beer, a package containing 50 milliliters (1.7 ounces) or more of spirituous liquor and a package containing 100 milliliters (2.4 ounces) or more of vinous liquor in the manufacturer's original container. A standard bottle or can is any bottle or can containing 12 ounces or less of malt liquor or nonintoxicating beer.

 

Permittee means the holder of an employee's permit, issued under the provisions of this chapter.

 

Person means an individual, partnership, club or association, firm or corporation, unless the context requires a contrary interpretation.

 

Place of entertainment means any establishment which has occupancy capacity for at least 300 customers, annual gross sales in excess of $250,000.00, and has been in operation for at least one year.

 

Premises means the bounds of the enclosure where alcoholic beverages are permitted to be sold, stored or consumed under the authority of this chapter.

 

Restaurant-bar means any establishment having a restaurant or similar facility on the premises which derives at least 50 percent of its annual gross income from the sale of prepared meals or food consumed on the premises, or which has an annual gross income of at least two hundred thousand dollars from the sale of prepared meals or food consumed on the premises.

 

School means any building which is regularly used as a public, private or parochial school, elementary school, high school, college, university, professional school, business or secretarial school.

 

Semi-nude dance means any live exhibition, performance or dance by a person or persons in a state of dress in which opaque clothing covers no more than the areola of the female breast, the genitals or pubic region and anus, as well as portions of the body covered by straps or strings supporting that clothing.

 

Substantial quantities of food means the amount of prepared meals and food wherefrom at least 50 percent of the gross income of an establishment has been derived during the three most recent calendar months preceding.

 

Unit means a physical portion of a condominium designated for separate ownership or occupancy, the boundaries of which described in the declaration which creates the condominium.

 

Unit owner means a person who owns a condominium unit but does not include a person having an interest in a unit solely as security for an obligation.

 

Sec. 10-2. Sale or distribution in theaters; distribution at events or performances held

for religious or charitable purposes.

 

It shall be unlawful for any person to sell, barter or give away any nonintoxicating beer or intoxicating liquor on the floor, in the boxes or among the audience at any theater, variety show or theatrical performance within the city; provided, however, that champagne may be given away to holders and purchasers of tickets on the premises to any event or performance held in any theater or at any variety show so long as the event or performance is held strictly and solely for religious or charitable purposes, and the sponsor thereof has been first issued a permit to hold the event or performance by the commissioner, without securing the appropriate city liquor license as required by section 10-130, so long as the event or performance is held and conducted in compliance with the following conditions:

 

(1) All persons or entities, business or otherwise, before holding and conducting events or performances at any theater or variety show, for charitable or religious purposes, at which champagne is proposed to be given away, shall first make written application for a permit to do so, not less than 20 days prior to the event, to the director, on forms provided by the director. Each application shall include:

 

a. The date the event or performance is to be held, the address of the location where the event or performance is to take place, and a description of the proposed event or performance.

 

b. The name, address or headquarters of the person applying for the permit.

 

c. If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers.

 

d. The name and address of the person or organization for whose benefit the religious or charitable event or performance is being held, and, if an organization, the names and addresses, if any, of the organization's principal officers.

 

e. A statement to the effect that the proposed event or performance is solely and strictly for the raising of funds for charitable or religious purposes.

 

f. A statement to the effect that no person or organization other than the one designated as the beneficiary of the event or performance held for charitable or religious purposes shall receive or share in any part of the proceeds of the event or performance remaining over after deductions for necessary expenses related thereto, and also to the effect that the entire amount of the net proceeds shall be paid over to the beneficiary.

 

The truth of all statements and answers made in the application shall be sworn to, to the best knowledge and belief of the applicant, and the application shall be notarized.

 

(2) The commissioner may impose any reasonable restrictions on the giving away of champagne as in his discretion he may deem required. No person under the age of 21 shall be given or receive any free champagne at any permitted event or performance, nor shall any free champagne be dispensed at the event or performance between the hours of 10:00 p.m. and 6:00 a.m. of the following day. The commissioner may also make reasonable restrictions relating to the event or performance.

 

(3) All restrictions made pursuant to this section shall be binding on the permitted sponsor, and a recital shall be made in the application for the permit under this section to the effect that the applicant shall agree to be bound or bind the organization by all restrictions made and provided by the commissioner respecting the event or performance described in the application. Only one permit shall be granted for the duration of any single event or performance covered under this section.

 

Sec. 10-3. Renting premises for illegal sale.

 

No person shall knowingly let or lease to another any room, house or other building or premises for the purpose of being used and kept as a place for the illegal sale of intoxicating liquors, and every person, after having been informed by the law enforcement agency of the city that the room, house, building or premises let or leased by him is being used for any of these purposes by the lessee or any other person, shall immediately evict or oust the lessees or other persons so using the room, house or building.

 

Sec. 10-4. Sale of wood alcohol or denatured alcohol.

 

No person shall sell to any person any wood alcohol or denatured alcohol, or any alcohol so adulterated by poisonous chemicals as to make it poisonous, where the seller shall have grounds to believe that it is to be used for beverage purposes.

 

Secs. 10-5 ‑‑ 10-30. Reserved.

 

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

DIVISION 1. GENERALLY

Sec. 10-31. Records of licenses and permits.

 

It shall be the duty of the commissioner to keep a record of all licenses and permits issued by him to applicants under this chapter, and of the suspension, revocation or other administrative actions taken with respect to said licenses and permits.

 

Sec. 10-32. Forms of applications, licenses and permits.

 

The commissioner shall prescribe all forms of applications, licenses and permits in compliance with the provisions of this chapter, and all other forms as are necessary to carry out the provisions of this chapter.

 

Sec. 10-33. Authority of commissioner to make rules, regulations, orders and

directions.

 

The commissioner shall have power to make reasonable rules, regulations, orders and directions as may be necessary and feasible for carrying out the duties of the office and as are not inconsistent with the provisions of this chapter.

 

Sec. 10-34. Inspection of licensed premises; impoundment of unlawful articles.

 

(a) The commissioner or director or their authorized agents, or any member of the police department, shall have the right, at any reasonable time, to inspect, and the licensee shall allow inspection, of any licensed premises and all portions of the buildings thereof, including all rooms, cellars, outbuildings, passageways, closets, vaults, yards and attics and all buildings used in connection with the operations carried on under the license and which are in the possession, or control of the licensee, and all places where licensee may keep or store liquor, and to seize any and all objects which may appear to be in violation of any provisions of this chapter and hold in custody the objects as evidence until any matter pertaining thereto is finally adjudicated. Upon the seizure, a receipt shall be given and, upon demand, if not forfeited, objects shall be returned to their lawful owner after the matter is finally adjudicated unless the objects are found to be contraband. If the objects are not claimed by their lawful owner within 90 days after final adjudication, they shall be deemed forfeited. The board shall conduct a hearing to determine whether objects seized are contraband.

 

(b) If the objects seized are found to be contraband, they shall remain in the custody of the director or be delivered to the police department for disposal. All contraband and unclaimed objects, to the extent allowed by law, shall be sold by the director at public or private auction semiannually. All funds derived from the sales shall be deposited into the city's general fund to be expended as directed by the city council. The director shall have power to pay any fees required by the state or federal government as a result of the sale.

 

Sec. 10-35. Examination of books and records of licensees.

 

The commissioner or director shall have the right to examine books, records and papers of each licensee or applicant for a license or renewal thereof, and to hear and determine complaints against any licensee or applicant for a license. For these purposes, the commissioner or director shall have the power to issue subpoenas and all necessary processes to subpoena witnesses; to compel by subpoena duces tecum the production of books, records, papers and other evidence; to administer oaths and to take testimony; and to make findings of fact thereon and to report to the state supervisor of liquor control the results thereof; and may recommend to the state supervisor the suspension, revocation or cancellation of any license issued under the laws of the state. The commissioner shall have the power to suspend or revoke any license granted under the terms of this chapter, pursuant to the provisions of this chapter, for any violation of this chapter.

 

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

 

(a) Grounds. Whenever it shall be shown or whenever the commissioner 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 the license or permit, or renewal thereof;

 

(4) The licensee or permittee failed to make a complete disclosure of all pertinent information in the application for the license or permit, or renewal thereof;

 

(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) The licensed premises has been discontinued or abandoned and that, after five days' written notice, the licensee has failed to respond or satisfactorily explain;

 

(7) 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 commissioner shall, in the case of an original or renewal application for a license or a permit, or an application for transfer of an existing license, 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; provided, however, in the case of the revocation of an employee's permit, the commissioner shall have the discretion thereafter to reissue the permit.

 

Sec. 10-37. Refusal to obey subpoena.

 

(a) The failure or refusal of any person to obey all the terms and conditions of a subpoena issued by the commissioner, director or board under this chapter is hereby declared to be an ordinance violation, and, upon conviction thereof, the person shall be punished as provided in this chapter.

 

(b) Upon information by the city attorney, or one of his assistants, that any person has failed or refused to obey all of the terms and conditions of the subpoena or subpoena duces tecum issued by the commissioner, director or the board, the clerk of the municipal court shall at once issue a warrant for the arrest of the person complained against, which warrant shall be directed to the chief of police, and shall be executed by him or any officer or member of the police force, or agent of the commissioner.

 

Sec. 10-38. Temporary closing of premises.

 

Notwithstanding any other provision of this chapter, the commissioner shall have power to close for a period not to exceed 24 hours any premises which may be in the immediate area of a mob, riot, strike or any type of violence, actual or probable; provided, however, that he may not close a place under these circumstances without advising at the earliest possible moment the city manager or the mayor and city council; and provided, further, that the commissioner may not close the place for 2 or more consecutive 24-hour periods, under the emergency police powers of the commissioner, without approval of the city manager, or the mayor.

 

Sec. 10-39. Failure to close premises during suspension of license or closing order.

 

Any licensee who shall not maintain a closed place during the time of any license suspension or closing order shall be guilty of an ordinance violation. In addition, the licensee shall also be subject to further suspension or revocation of his license as provided in this chapter.

 

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 $25.00 and not more than $500.00, or by imprisonment in the municipal correctional institution 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 to the municipal correctional institution 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.

 

Secs. 10-41 ‑‑ 10-60. Reserved.

 

DIVISION 2. LIQUOR CONTROL BOARD OF REVIEW

Sec. 10-61. Membership; officers; organization.

 

The Liquor Control Board of Review shall consist of five taxpaying residents of the city, appointed by the mayor, who shall be designated as regular members, and two taxpaying residents of the city, appointed by the mayor, who shall be designated as alternate members. Three of the regular members shall be at large, not less than two of which shall be attorneys licensed to practice law in the State of Missouri. One regular member and one alternate member shall be liquor industry representatives. One regular member and one alternate member shall be neighborhood representatives. The regular and alternate members of the board shall serve for a period of four years, however, all members shall continue in office until their respective successors shall have been appointed. They may thereafter be reappointed at the pleasure and discretion of the mayor. Vacancies shall be filled for the unexpired term of any regular or alternate member whose seat shall be vacant. All regular and alternate members shall be removable for cause by the mayor upon written charges and after public hearing. The board shall elect its own chairman and vice-chairman, who shall serve for one year. The board may adopt, from time to time, those rules and regulations as it may deem necessary to effectuate its purpose. Each regular or alternate member of the board shall receive compensation at the rate of $25.00 per day or part of a day actually engaged in discharging the duties of the board, the compensation to be paid from the general fund.

 

Sec. 10-62. Required hearings and Review of Commissioners actions.

 

(a) If an original or renewal application or an application for transfer of any license or permit under this chapter is disapproved by the commissioner, or if an eligible consenter disputes the approval of a license or permit, or the location of premises proposed to be used for the sale of alcoholic beverages or C.O.L., then the applicant or eligible consenter, as the case may be, may file with the board, a written request for a hearing before the board on the denial or decision touching location, the request to be made by the applicant or eligible consenter, within 10 days after notice of the commissioners final decision. The applicant or eligible consenter, as the case may be, shall also serve a copy of said request on the commissioner.

 

(b) In the case of action by the commissioner seeking to suspend or revoke a license or permit issued under this chapter, the commissioner shall:

(1) File with the board, a written complaint setting forth the reasons for suspension or revocation of the license or permit, and requesting a hearing before the board to consider the action.

 

(2) Serve a copy of said request on the licensee or permittee personally or by leaving a copy at the licensed premises or by mailing a copy of the request to the licensee or permittee at his last known address.

 

(c) Upon the filing of a written complaint or request for a hearing before the board as provided in this chapter, made within the time specified in this article, the board shall, within 20 days after the receipt of the request, notify the commissioner and all other parties of the date, time and place for the hearing. The date of the hearing shall not be less than 20 days from the date the request was filed.

 

(d) Hearing procedure.

 

(1) The applicant, licensee, permittee or eligible consenter shall have full right to have counsel, to produce witnesses and to cross examine all witnesses who may appear. All proceedings in the hearings shall be taken down stenographically, or recorded mechanically or electronically, or by a combination thereof, and shall be transcribed whenever required by law. Subpoenas shall be issued by the commissioner, director or board for any witness whose presence is desired at any hearing or proceeding before the board to suspend or revoke a license or permit, or to issue or refuse a license or permit or renewal thereof, and the subpoena may be served by any person designated by the commissioner, director or board, or by any member of the city

police department. The subpoenas shall be served and return thereon shall be made in the same manner as is provided by law in civil suits in the circuit court of this state.

 

(2) Witnesses may also appear voluntarily at the hearings and testify. Before any witness shall testify in any hearing or proceeding, he shall be sworn by the board to tell the truth and nothing but the truth.

 

(3) The board shall issue its decision in writing, which shall include findings of facts and conclusions of law, wherein the board may dismiss the complaint, or suspend or revoke a license or permit previously issued, or affirm or reverse the commissioners issuance or denial of an application for an original license, or renewal or transfer of an existing license or permit. The boards decision shall be served upon all the parties in person or by registered or certified mail to the partys last known address. If the board is not able to serve the decision notice upon a party in person or if any notice sent by mail is returned by the U.S. Postal service, then the board shall cause the notice to be posted at the principal entrance of the business or facility, and the posting shall constitute valid service. No suspension or revocation shall become effective until ten days after the decision has been made by the board.

 

Sec. 10-63. Bond.

 

The person filing a request for a hearing before the board, other than the commissioner, shall post at the time the request for hearing is filed, a cash bond in the amount of $250.00 with the director to secure the costs of the review. A request for a hearing before the board filed with the director without the required bond, shall not perfect an appeal. The director shall forward the bond to the director of finance who shall deposit the cash bond in a separate fund known as Special Deposits.

 

Sec. 10-64. Liability for costs.

 

In determining liability for payment of costs in any hearing before the board, the board shall charge all costs to the city if the decision of the commissioner is reversed by the board. If, however, the board sustains any part of the commissioners decision, then the board shall determine what part shall be paid by the city. If the board shall sustain the decision of the commissioner in toto, then the entire cost of the hearing shall be paid by the applicant. The director of finance shall withdraw the amounts of the costs assessed to the person filing the request for the hearing, if any, from the $250.00 deposited in the special deposits fund, and transfer that amount to the general fund. If after costs assessed to the person filing the request for the hearing, if any, are paid, the remaining amount, if any, of the $250.00 deposit shall be refunded to the person filing the request for the hearing.

 

Sec. 10-65. Judicial review of board decisions.

 

Following the entry of an order by the board suspending or revoking a license or permit, or approving or disapproving an application for an original license or permit or the renewal or transfer of an existing license, the licensee, permittee, applicant, eligible consenter, or the commissioner may seek judicial review in a manner provided by law. The board may stay enforcement of the order for a period of time not to exceed 30 days pending the filing or final disposition of proceedings for judicial review. The method of judicial review of any decision of the board shall be as provided in RSMo Chapter 536.

 

Sec. 10-66. Informal disposition of contested cases.

 

Nothing contained in this chapter shall preclude the informal disposition of contested cases by stipulation, consent order or default, or by agreed settlement.

Secs. 10-67 ‑‑ 10-90. Reserved.

 

 

ARTICLE III. LICENSES AND PERMITS

DIVISION 1. GENERALLY

Sec. 10-91. License required; filing fee; conditions.

 

(a) License required. It shall be unlawful, without first obtaining a license therefor from the commissioner, for any person to:

 

(1) Manufacture, sell, solicit orders for the sale of, or deliver, at wholesale or retail, alcoholic beverages; or

 

(2) Allow the consumption of alcoholic beverages in or upon any premises where food, beverages or entertainment are sold or provided for compensation.

 

(b) Exceptions to license requirement.

 

(1) Persons who have applied to director for and have received from the commissioner a permit to serve free champagne to holders and purchasers of tickets at any theater, variety show or theatrical performance when the event is held strictly for religious or charitable purposes under section 10-2 do not have to secure a C.O.L. license as required by section 10-130.

 

(2) Whenever a manufacturer's or wholesaler's place of business is wholly located outside the corporate limits of the city, the manufacturer or wholesaler shall obtain a license as required by this chapter, but no fee shall be charged therefor.

 

(c) Filing fee. A filing fee of $50.00 shall accompany all applications for original licenses issued under this chapter where the annual license fee for the license amounts to $75.00 or more. The filing fee is to cover the various costs incurred by the city in investigating and processing the applications. The filing fee is not refundable.

(d) Conditions. If the privileges authorized under any license issued by the state division of liquor control to the holder of a similar license issued by the city are terminated, all the privileges authorized under the city license shall also immediately terminate; and it shall be unlawful for the licensee to fail, neglect or refuse to surrender the license to the commissioner upon proper notice by him to the licensee. If the license surrendered to the commissioner is a restaurant-bar Sunday license, it may be returned to the licensee if the privileges under the state license have been restored to the licensee prior to the expiration of the city license, and provided that no other cause exists not to return the city license.

 

Sec. 10-92. Unlawful acts concerning licenses.

 

(a) False statements. It shall be unlawful for any person, in obtaining or attempting to obtain a license under this chapter, to make any materially false statements in the application for a license.

 

(b) Incomplete information. It shall be unlawful for any person to fail to make a complete disclosure of all pertinent and material information required in the application for a license.

 

(c) Assignment or transfer prohibited. All licenses issued pursuant to the terms of this chapter are personal, and it shall be unlawful for the license to be assigned or transferred.

 

(d) Illegally purchased alcoholic beverages. It shall be unlawful for any licensee to allow on or about the licensed premises any alcoholic beverage which he has purchased or secured in violation of any city ordinance, or local, state or federal law.

 

(e) Change in conditions. It shall be unlawful for a person to continue to hold an alcoholic beverage license when conditions have occurred which would render the licensee or the licensed premises ineligible or unsuitable for the license under the provisions of this chapter.

 

(f) Entertainment on premises. It shall be unlawful for any licensee to allow on or about the licensed premises any entertainment unless written application therefor is filed with the director, and written approval is issued by the commissioner. The term entertainment, as used in this chapter, shall include but shall not be limited to jukeboxes, pool tables, video and pinball machines, live musicians, semi nude dancing, and stage shows or contests.

 

Secs. 10-93 ‑‑ 10-120. Reserved.

 

DIVISION 2. CLASSIFICATIONS

Sec. 10-121. Generally.

 

(a) Designation of license. The licenses described in this division are hereby created, for the manufacture, sale and consumption of intoxicating liquor, malt liquor, light wine and nonintoxicating beer and the classification shall be so designated on the license.

 

(b) Eligibility for sales-by-drink license. No sales-by-drink license authorized under sections 10-122, 10-123, 10-124, 10-125, 10-126, 10-127, 10-128, 10-129, and 10-130 of this chapter, pertaining to sales-by-drink sales, shall be issued for a premises of the following businesses:

 

(1) Drugstore.

 

(2) Cigar and tobacco store.

 

(3) Grocery store.

 

(4) Convenience-grocery store.

 

(5) General merchandising store.

 

(6) Confectionery store.

 

(7) Any store that sells gasoline, a gasoline service station, or motor vehicle repair garage.

 

Sec. 10-122. Full sales-by-drink license.

 

A full sales-by-drink license shall be issued to all applicants who have complied with the requirements of this chapter, licensing the applicant to sell all kinds of alcoholic beverages by the drink for consumption on the licensed premises, upon payment to the city treasurer, for each license, the sum of $450.00 per year. Full sales-by-drink licenses include the privilege of selling alcoholic beverages in the original package on the licensed premises. Each license shall be further classified into one of the following classifications, which fact shall be stated on the face of the license:

 

(1) Hotels, apartment hotels, motels, inns, lodges or similar places providing principally transient residential accommodations and having at least 40 rooms for overnight accommodation.

 

(2) Premises on which substantial quantities of food are served.

 

(3) All other full sales-by-drink licenses.

 

Sec. 10-123. Malt liquor and light wine sales-by-drink license.

 

(a) Generally. A license authorized by RSMo 311.200 shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell malt liquor and light wine at retail by the drink for consumption upon the licensed premises, upon payment to the city treasurer, for each license, the sum of $52.50 per year. The license shall also include the privilege of selling malt liquor, light wine and nonintoxicating beer in the original package on the licensed premises.

 

(b) Limited malt liquor and light wine sales-by-drink license. Notwithstanding other provisions of this chapter, a permit for the sale of malt liquor, light wine or nonintoxicating beer for consumption on the premises where sold may be issued to any church, school, civic, service, fraternity, veteran, political or charitable club or organization for the sale of malt liquor, light wine or nonintoxicating beer at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the days named therein, and it shall not authorize the sale of malt liquor, light wine or nonintoxicating beer for more than seven days by the organization as described in this subsection in any state fiscal year (July 1 through June 30). For each permit issued, the licensee shall pay the city treasurer the sum of $15.00. No provisions of this chapter shall prohibit any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the license at the picnic, bazaar, fair or similar gathering.

 

Sec. 10-124. Sunday licenses.

 

(a) A Sunday license may be issued to all applicants who have complied with the requirements of this chapter, licensing the applicant to sell all kinds of alcoholic beverages by the drink for consumption on the licensed premises, upon payment to the city treasurer, for each license, the sum of $300.00 per year. The director shall investigate the application and report the findings of the investigation to the commissioner, who may issue the license.

 

(b) Licensees who have been issued Sunday licenses pursuant to this section may remain open and sell alcoholic beverages for consumption on the licensed premises under the conditions and during the hours herein specified on Sunday in addition to the legal hours and days set out in section 10-363.

 

(1) Restaurant-bar Sunday license.

 

a. A restaurant-bar Sunday license may be issued to applicants holding sections 10-122 and 10-123 sales-by-drink licenses whose premises qualify as a restaurant-bar as defined in section 10-1.

b. Applicants for restaurant-bar Sunday licenses shall furnish the director, in addition to the application, a notarized statement signed by the applicant showing that at least 50 percent of the gross income for the year immediately preceding was derived from the sale of prepared meals or food consumed on the premises. Applicants who have not been in business one year shall have been in business at least 90 days immediately preceding the application and shall furnish a notarized statement signed by the applicant showing that at least 50 percent of the gross income during the 90-day period was derived from the sale of prepared meals or food consumed on the premises; provided, however, that the commissioner may waive the 90-day period for a new business if requested by the applicant and the request is supported by documentation that the business will produce 50 percent or more of its gross income from prepared meals or food consumed on the premises. If this waiver is granted, the applicant, after 90 days of operation, shall produce proof that the sales percentage required has been satisfied, and, if not, the restaurant-bar Sunday license will be canceled without refund. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

 

c. Licensees who have been issued restaurant-bar Sunday licenses pursuant to this section may remain open and sell alcoholic beverages for consumption on the licensed premises between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday. Restaurant-bar Sunday licensees holding caterers' permits issued pursuant to section 10-125 may cater a function, occasion or event on Sunday during the hours which restaurant-bar Sunday licensees may lawfully dispense intoxicating liquors.

 

d. Licensees who have been issued a restaurant-bar Sunday license pursuant to this section, whose premises are located on the grounds of a sports stadium used primarily for professional sporting events, may sell alcoholic beverages by the drink at retail for consumption on the premises between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday.

 

(2) Bowling alley Sunday license.

 

a. A bowling alley Sunday license may be issued to applicants holding sections 10-122 and 10-123 sales-by-drink licenses whose premises qualify as an amusement place as defined in section 10-124 (b) (2) b.

 

b. As used in this subsection, the term amusement place means any establishment whose business building contains a square footage of at least 10,000 square feet, and where games of skill commonly known as bowling are usually played, and which has annual gross receipts of at least $200,000.00.

 

c. Applicants for bowling alley Sunday licenses shall furnish the director, in addition to the application, a notarized statement signed by the applicant showing that applicant's annual gross receipts exceed $200,000.00 and that not more than 50 percent of the gross income for the year immediately preceding was derived from the sale of alcoholic beverages. Applicants who have not been in business at least 90 days immediately preceding the application may be issued a temporary 90-day bowling alley Sunday license by the commissioner if they furnish a notarized statement signed by the applicant showing a projection of annual business from game participation of at least 50 percent of a total gross business of at least $200,000.00 for the first year of operation. If a temporary license is issued, the applicant, after 90 days of operation, shall produce proof that the sales percentage required has been satisfied, and, if not, the bowling alley Sunday license will be canceled without refund. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

 

d. Licensees who have been issued bowling alley Sunday licenses pursuant to this section may remain open and sell alcoholic beverages for consumption on the licensed premises between the hours of 1:00 p.m. on Sunday and 12:00 midnight on Sunday.

 

e. Nothing in this section shall be construed to permit the licensee of a bowling alley to sell intoxicating liquor, malt liquor or beer for off-premises consumption.

 

f. Nothing in this section shall be construed to amend or repeal the regulation of alcoholic beverages in the players' and spectators' areas of bowling establishments provided for in section 12-6(5).

 

(3) Common eating and drinking area Sunday license.

 

a. A common eating and drinking area Sunday license may be issued to applicants holding section 10-128 licenses not for consumption on the premises where sold but for consumption in a common eating and drinking area, as described in the application for the license.

 

b. Licensees who have been issued common eating and drinking area Sunday licenses may remain open and sell alcoholic beverages between the hours of 1:00 p.m. on Sunday and 12:00 midnight on Sunday.

 

(4) Nonprofit organization Sunday license.

 

a. A nonprofit organization Sunday license may be issued to applicants who qualify as a charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of federal income taxes and meets the other requirements of RSMo 311.090(2) and who are qualified to conduct business in the state and are either chartered or operating for a period of not less than one year prior to the date of application.

 

b. Licensees who have been issued nonprofit organization Sunday licenses may remain open and sell alcoholic beverages for drink only between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday.

c. Admission and dispensation of intoxicating liquors under this section shall be limited to enrolled and dues-paying members, and their guests, but only if the guest or guests are accompanied by a member. A register containing the names and dates of admission of all admitted guests shall be maintained and available to inspection by the commissioner or director or their agents at all times during the hours provided by this section and at other reasonable times.

 

(5) Place of entertainment Sunday license.

 

a. A place of entertainment Sunday license may be issued to qualified applicants.

 

b. Licensees who have been issued place of entertainment Sunday licenses may remain open and sell alcoholic beverages between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday.

 

(6) Full package sales Sunday license.

 

a. A full package sales Sunday license may be issued to qualified applicants.

 

b. Licensees who have been issued full package sales Sunday licenses may remain open and sell alcoholic beverages between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday.

 

Sec. 10-125. Catering permit.

 

(a) Qualifications. The commissioner may issue a temporary catering permit to caterers and other persons holding sections 10-122 and 10-123 sales-by-drink licenses to sell intoxicating liquor at retail for consumption on the premises, who qualify as a restaurant-bar as defined in section 10-1 and who furnish provisions and services at a function, occasion or event at a particular location other than their licensed premises. The function, occasion or event may occur on another licensed premises. Catering permits shall be effective for a period not to exceed 120 consecutive hours. The sale or consumption of alcoholic beverages at the function, occasion or event shall only take place during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. The permit shall not allow package sales of alcoholic beverages. For every permit issued pursuant to the provisions of this subsection, the licensee shall pay to the city treasurer the sum of $15.00 for each calendar day, or fraction thereof, for which the permit is issued. The permittee shall have in effect a caterer's license issued by the commissioner.

 

(b) Limitations. No catering permit shall be issued for any function, event or occasion where an admission charge is made at the entrance or at the time thereof, except where the event is held strictly and solely by a charitable, religious, civic, service or professional organization which has had a preexisting membership for a reasonable time prior to the application for the permit.

 

(c) Violations. Any act of the caterer-permittee, or his employee, agent or servant, which occurs on the premises being catered, that is a violation of any of the provisions of this chapter, shall cause the permittee and his employee, agent or servant to be subject to citation and a hearing before the board as provided in this chapter as though the act had taken place on the permittee's regular licensed premises.

 

Sec. 10-126. Convention Trade Area 3:00 a.m. closing permit.

 

(a) Designation of Convention Trade Area. Pursuant to RSMo 311.174, the city's Convention Trade Area is hereby designated as all that territory within the corporate limits of the city.

 

(b) Eligibility. A 3:00 a.m. closing permit, authorized by RSMo 311.174, to remain open between 1:30 a.m. and 3:00 a.m., may be issued by the commissioner to applicants who hold section 10-122 or 10-123 sales-by-drink licenses and are located within the Convention Trade Area if:

 

(1) The applicant's business is a convention hotel or motel; or the applicant's annual gross sales for the year immediately preceding the application for a 3:00 a.m. closing permit equals $100,000.00 or more; and

 

(2) The applicant shall furnish to the director, signed consents from the owners of a majority of property parcels located in Kansas City, Missouri 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 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises, except that any parcel of real estate on which a retail sale-by-drink or C.O.L. license is situated shall not be included in the calculation. The center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the director with the application, two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. For purposes of this section, a condominium as defined in this chapter, shall be considered as a single property parcel entitled to a single consent, which consent shall be validated if signed by the unit owners of a majority of the condominium units. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in proper form from a tenant of that property owner under the following conditions:

 

a. That the tenancy is for a term not less than one year; and

 

b. That applicant shall furnish to the director sufficient proof that the applicant has sent a notification to the eligible consenting owner in a form approved by the director, by U. S. Certified mail; and

 

c. That the notification shall include the date of application, name and address of the applicant, the name and address of the proposed establishment, the type of license or permit applied for, the proposed hours of operation, the proposed type of entertainment, if any, a statement that if the owner does not file an objection with director within 30 days of the date of the certified mailing of the notification, that the director will accept the signed consent of the tenant, the name, address, telephone and facsimile numbers of the directors office and instructions to the property owner for filing an objection to accepting the signed consent of the tenant.

(c) Notification of application. The director shall provide written notification of the filing of an application for a license or permit under this section to all eligible consenters identified for the application and owners of property parcels located in Kansas City, Missouri 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 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director shall provide written notification of the filing of an application for a license or permit under this section to all to neighborhood associations registered with the City Planning and Development department whose boundaries are wholly within or intersected by a radius of 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises.

 

(d) Form of Consent. The consent required under the terms of this division shall be in writing on a form provided by the director and shall contain a statement that the signers thereof are the persons required under the terms of this division. Each written consent shall be verified before a notary public.

 

(e) Administrative fee. In addition to all other fees required by this chapter, an applicant granted a 3:00 a.m. closing permit under this section, shall pay a fee of $450.00 per calendar year for administrative costs associated with granting the permit, payable at the time and in the same manner as other permit and license fees required by this chapter.

 

(f) Package sales. No retail licensee holding a Convention Trade Area 3:00 A.M. closing permit pursuant to this section, nor employee of the licensee, shall sell, give away, otherwise dispose of or allow the removal from the licensed premises any alcoholic beverages in the original package or suffer the same to be done on or about the licensed premises:

 

(1) Between the hours of 1:30 a.m. and 6:00 a.m. Tuesday through Saturday;

 

(2) Between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday.

 

Sec. 10-127. Fourth of July celebration temporary malt liquor and light wine sales-by-

drink permit.

 

Pursuant to RSMo 311.218, other provisions of this chapter to the contrary notwithstanding, a permit for the sale of light wine and malt liquor for consumption on the premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of light wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States. The permit shall be issued only during the period from June 15 to July 15 annually and only for the days named therein, and it shall not authorize the sale of light wine and malt liquor except between the hours of 10:00 a.m. and midnight and for not more than 7 days by any organization. The permit may be issued to cover more than 1 place of sale within the general confines of the place where the gathering or event is held. For the permit, the holder thereof shall pay to the city treasurer the sum of $100.00. Any wholesaler or distributor may provide customary storage, cooling or dispensing equipment for use by the holder of the permit at the gathering or event.

 

Sec. 10-128. License for sales-by-drink in common eating and drinking area.

 

(a) Pursuant to RSMo 311.096, as used in this section, the term common eating and drinking area means an area within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor; where the cost of maintaining the area is shared by the payment of common area maintenance charges, as provided in the respective leases permitting the use of the area, or otherwise; and where the annual gross income from the sale of prepared meals or food consumed in the common eating and drinking area is, or is projected to be, at least $275,000.00.

 

(b) Notwithstanding any other provisions of this chapter to the contrary, any person who possesses the qualifications required by this chapter, or who now or hereafter meets the requirements of and complies with the provisions of this chapter, may apply to the director for, and the commissioner may issue, a license to sell intoxicating liquor, by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, as described in the application for the license. In addition to all fees required by law, each establishment in a common eating and drinking area licensed under this subsection shall pay to the city treasurer the sum of $450.00 per year. The times for selling intoxicating liquor as fixed in section 10-363 and all other laws and regulations of the city relating to the sale of intoxicating liquor by the drink shall apply to each establishment licensed under this subsection in the same manner as they apply to establishments licensed under section 10-122.

 

(c) Any person possessing the qualifications and meeting the requirements of this chapter, who is licensed to sell intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, may apply to the director for a special permit to remain open on all days of the week except Sunday between the hours of 1:30 a.m. and 3:00 a.m. The provisions of section 10-124 (c) shall apply to the sale of intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area on Sunday. To qualify for a permit under this section, the premises of the an applicant must be located in an area which has been designated as a Convention Trade Area as defined in section 10-126. The director shall investigate the application and report the findings of the investigation to the commissioner, who may issue the permit.

 

(d) Each licensed premises utilizing a common eating and drinking area under this chapter shall, in the consumption of alcoholic beverages by patrons, serve the beverages in a container or glassware or other similar vessel which shall bear the name or logo or other identifying data of the serving establishment.

 

Sec. 10-129. Nonintoxicating beer sales-by-drink license.

 

(a) Generally. A license authorized by RSMo 312.140 shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell nonintoxicating beer at retail for consumption on the licensed premises. For every nonintoxicating beer sales-by-drink license issued, the licensee shall pay to the city treasurer the sum of $37.50 per year. The license shall also include the privilege of selling nonintoxicating beer in the original package on the licensed premises.

 

(b) Limited nonintoxicating beer sales-by-drink license. Notwithstanding other provisions of this chapter, a permit for the sale of nonintoxicating beer for consumption on the premises where sold may be issued to any church, school, civic, service, fraternity, veteran, political or charitable club or organization for the sale of nonintoxicating beer at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the days named therein, and it shall not authorize the sale of nonintoxicating beer for more than 7 days by any organization as described in this subsection in any state fiscal year (July 1 through June 30). For each permit issued, the licensee shall pay the city treasurer the sum of $15.00. No provisions of this chapter shall prohibit any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the license at the picnic, bazaar, fair or similar gathering.

 

Sec. 10-130. C.O.L. consumption of alcoholic beverages license.

 

(a) A C.O.L. license shall allow the consumption of alcoholic beverages during the hours alcoholic beverages can be sold by section 10-122 full sales-by-drink licensees.

 

(b) For every C.O.L. license for clubs, organizations or associations which are private and nonprofit, where either food, beverages or entertainment are provided for compensation in the form of dues, fees or special assessments, the licensee shall pay the city treasurer the sum of $60.00.

 

(c) For every C.O.L. license for commercial establishments or establishments which are commercial in nature, where either food, beverages or entertainment are provided for compensation of any kind, the licensee shall pay the city treasurer the sum of $300.00 per year.

 

(d) For every one-day C.O.L. license for dance halls, the licensee shall pay the city treasurer the sum of $20.00 for each one-day license. Applications for one-day C.O.L. licenses must be filed with the director at least 4 weeks prior to the date when the one-day C.O.L. license is to become effective.

 

Sec. 10-131. Eligibility for package sales license.

 

(a) No license authorized by RSMo 311.200 shall be issued under sections 10-132 and 10-133, pertaining to package sales, except to an applicant who shall use the license only in connection with the operation of one or more of the following businesses:

 

(1) Drugstore.

 

(2) Cigar and tobacco store.

 

(3) Grocery store.

 

(4) Convenience-grocery store.

 

(5) General merchandising store.

 

(6) Confectionery store.

 

(7) Delicatessen store.

 

(b) Package sales licenses shall not be issued to any applicant who operates a gasoline service station, motor vehicle repair garage, motor-propelled vehicle racetrack or any place required to be licensed under the provisions of chapter 12 unless the applicant conforms to each of the following minimum requirements:

 

(1) The business shall contain no less than 1,200 square feet of sales display area, exclusive of storage rooms and walk-in refrigeration coolers;

 

(2) The business shall keep and maintain a stock of no less than 750 separate and distinguishable products for sale, exclusive of alcoholic beverages, tobacco products, automotive parts and supplies, and gasoline; and

 

(3) The business shall have and keep a stock of goods having a value, according to invoices, of at least $7,500.00, exclusive of alcoholic beverages, tobacco products, automotive parts and supplies, and gasoline.

 

(c) Other than those applicants applying pursuant to subsection (b) of this section, any applicant must have and keep in its store a stock of goods having a value, according to invoices, of at least $1,000.00, exclusive of fixtures and alcoholic beverages.

 

Sec. 10-132. Full original package sales license.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell at retail alcoholic beverages in the original package on the licensed premises, upon payment to the city treasurer for each license the sum of $150.00 per year.

 

Sec. 10-133. Malt liquor original package sales license.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell at retail malt liquor or nonintoxicating beer in the original package on the licensed premises, upon payment to the city treasurer for each license the sum of $22.50 per year.

 

Sec. 10-134. Nonintoxicating beer original package sales license.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell nonintoxicating beer at retail in the original package on the licensed premises, upon payment to the city treasurer for each license the sum of $22.50 per year.

 

Sec. 10-135. Wholesaler's license for sale of alcoholic beverages of all kinds to retailers.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell alcoholic beverages of all kinds by a wholesaler to a person duly licensed to sell alcoholic beverages at retail, upon payment to the city treasurer for each license the sum of $375.00 per year.

 

Sec. 10-136. Wholesaler's license for sale of alcoholic beverages not in excess of 22

percent of alcohol by weight to retailers.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell alcoholic beverages not in excess of 22 percent of alcohol by weight by a wholesaler to a person duly licensed to sell intoxicating beverages at retail, upon payment to the city treasurer for each license the sum of $150.00 per year.

 

Sec. 10-137. Wholesaler's license for sale of malt liquor to retailers.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell malt liquor or nonintoxicating beer containing not in excess of 5 percent of alcohol by weight by a wholesaler to a person duly licensed to sell alcoholic beverages at retail, upon payment to the city treasurer for each license the sum of $75.00 per year.

 

Sec. 10-138. Wholesaler's license for sale of nonintoxicating beer to retailers.

 

A license shall be issued to all applicants who have complied with this chapter, licensing them to sell nonintoxicating beer to retailers, upon payment to the city treasurer for each license the sum of $75.00 per year.

 

Sec. 10-139. Wholesaler's license for sale of alcoholic beverages of all kinds to

wholesalers.

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell to duly licensed wholesalers and solicit orders for the sale of alcoholic beverages of all kinds to, by or through a duly licensed wholesaler within this state, upon the payment to the city treasurer for each license the sum of $375.00 per year.

 

Sec. 10-140. Wholesaler's license for sale of alcoholic beverages not in excess of 22

percent of alcohol by weight to wholesalers.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell to duly licensed wholesalers and solicit orders for the sale of alcoholic beverages containing not in excess of 22 percent of alcohol by weight to, by or through a duly licensed wholesaler within this state, upon the payment to the city treasurer for each license the sum of $150.00 per year.

 

Sec. 10-141. Wholesaler's license for sale of malt liquor to wholesalers.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to sell at wholesale and to solicit orders for the sale of malt liquor containing not in excess of 5 percent of alcohol by weight or nonintoxicating beer to, by or through a duly licensed wholesaler within this state, upon the payment to the city treasurer for each license the sum of $75.00 per year.

 

Sec. 10-142. Manufacturer's license for manufacture of alcoholic beverages of all kinds.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to manufacture, distill or blend alcoholic beverages of all kinds, upon payment to the city treasurer for each license the sum of $300.00 per year.

 

Sec. 10-143. Manufacturer's license for manufacture of alcoholic beverages containing

alcohol not in excess of 22 percent by weight.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to manufacture, distill or blend alcoholic beverages containing alcohol not in excess of 22 percent by weight, upon payment to the city treasurer for each license the sum of $150.00 per year.

 

Sec. 10-144. Manufacturer's license for manufacture of malt liquor.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to manufacture or brew malt liquor containing alcohol not in excess of 5 percent by weight or nonintoxicating beer, upon payment to the city treasurer for each license the sum of $300.00 per year.

 

Sec. 10-145. Microbrewery license.

 

(a) A microbrewery license shall be issued to all applicants who have complied with the requirements of this chapter, licensing the applicant to manufacture or brew malt liquor containing alcohol not in excess of 5 percent by weight or nonintoxicating beer, and in quantities not to exceed 10,000 barrels per annum, upon payment to the city treasurer for each license the sum of $375.00 per year.

 

(b) Notwithstanding any other provision of this chapter to the contrary, the holder of a microbrewery license may apply to the director for, and the commissioner may issue, licenses to sell intoxicating liquor by the drink in a restaurant where substantial quantities of food are sold on the brewery premises and in the original package for off-premises consumption. Any holder of a microbrewery license who applies for any sales-by-drink license shall furnish the director, in addition to the application, a notarized statement signed by the applicant showing that at least 50 percent of the gross income for the year immediately preceding was derived from the sale of prepared meals or food consumed on the premises. Applicants who have not been in business one year must have been in business at least 90 days immediately preceding the application and must furnish a notarized statement signed by the applicant showing that at least 50 percent of the gross income during the 90-day period was derived from the sale of prepared meals or food consumed on the premises; provided, however, that the commissioner may waive the 90-day period for a new business if a request for a waiver is filed with the director by the applicant and the request is supported by documentation that the business will produce 50 percent or more of its gross income from prepared meals or food consumed on the premises. If this waiver is granted, the applicant, after 90 days of operation, shall produce proof to the director that the sales percentage required has been satisfied, and, if not, any retail sales-by-drink license will be revoked by the commissioner without refund. All other laws and regulations relating to the sale of liquor by the drink for consumption on the premises where sold shall apply to the holder of a license issued under the provisions of this section, as they apply to establishments licensed under section 10-122, 10-123 or 10-124. No the holder of a microbrewery license pursuant to this section, nor employee of the licensee, shall sell, give away, otherwise dispose of or allow the removal from the licensed premises any alcoholic beverages in the original package or suffer the same to be done on or about the licensed premises:

 

(1) Between the hours of 1:30 a.m. and 6:00 a.m. Tuesday through Saturday;

 

(2) Between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday.

 

(c) Any holder of a microbrewery license under this section shall not be issued any wholesaler's license for sale to other wholesalers or to retailers.

 

Sec. 10-146. Manufacturer's license for manufacture of nonintoxicating beer.

 

A license shall be issued to all applicants who have complied with this chapter, licensing the applicant to manufacture or brew nonintoxicating beer, upon payment to the city treasurer for each license the sum of $375.00 per year.

 

Sec. 10-147. Due dates for license fees.

 

(a) Sales-by-drink and C.O.L. licenses. All license fees for sales-by-drink licenses and C.O.L. licenses provided for in this chapter shall be due and payable on or before January 1 of each year, and shall cover the year beginning January 1 and ending December 31. If the license is issued after January 1, the applicant shall pay 1/12 of the annual fee for each month, or fraction thereof, remaining in the 12-month period.

 

(b) Original package, manufacturing and wholesale licenses. All license fees for retail sales-by-package licenses and all license fees for manufacturing or sale at wholesale licenses shall be due and payable on or before July 1 of each year and shall cover the year beginning July 1 and ending June 30. If the license is issued after July 1, the applicant shall pay 1/12 of the annual fee for each month, or fraction thereof, remaining in the 12-month period.

 

Sec. 10-148. Due date for wholesaler license applications outside city limits.

 

All license applications for wholesaler licenses provided for in this chapter submitted by wholesalers located outside the city limits shall be submitted on or before July 1 of each year, and shall cover the year beginning July 1 and ending June 30. A fee is not required for a wholesaler license issued to a wholesaler whose place of business is located outside the city limits.

 

Secs. 10-149 ‑‑ 10-170. Reserved.

 

DIVISION 3. QUALIFICATIONS OF LICENSEES AND PERMITTEES

 

Sec. 10-171. Individuals.

 

No license provided for by this chapter shall be issued to any individual except in conformity with the following:

 

(1) That the individual is to be in fact actively engaged in the actual control and management of the particular alcoholic beverage or C.O.L. establishment for which a license is sought.

 

(2) That the individual is 21 years of age or over and a qualified voter of the state.

 

(3) That the person is of good moral character, and is qualified to hold an alcoholic beverage license in the state, and that the person has never been the holder of an alcoholic beverage license or permit which has been revoked by the city or the state, except as stated in section 10-36(b).

 

Sec. 10-172. Partnerships.

 

No license provided for in this chapter shall be issued to any partnership unless all members of the partnership are persons who would be eligible for licenses as individuals under the provisions of this chapter, and no license shall be issued to any partnership, any partner of which, has been the holder of a license or permit which has been revoked by the city or the state, except as stated in section 10-36(b).

 

Sec. 10-173. Corporations.

 

No license provided for in this chapter shall be issued to any corporation except in conformity with the following:

 

(1) That all the officers and directors of the corporation are persons of good moral character.

 

(2) That the managing officer of the corporation is a person who is eligible for a license as an individual under the provisions of this chapter.

 

(3) That the corporation has not been the holder of a license or permit which has been revoked by the city or the state, except as stated in section 10-36(b).

 

Sec. 10-174. Prohibited interest in license.

 

No license for the sale of alcoholic beverages at retail or C.O.L. license shall be issued to any individual, partnership or corporation in which any distiller, wholesaler, winemaker, brewer or supplier of coin-operated commercial, manual or mechanical amusement devices, or employees, officers or agents thereof, or any felon, has any financial interest or has furnished, directly or indirectly, equipment, money, credit or property of any kind except ordinary commercial credit for alcoholic beverages.

 

Secs. 10-175 ‑‑ 10-190. Reserved.

 

DIVISION 4. APPLICATIONS

 

Sec. 10-191. Generally.

 

(a) Form and contents. Any person desiring to secure a license or permit under the terms of this chapter shall make application therefor to the director, in writing, and under oath. Each question in the application blank shall be considered material to the issuance of the license, and each question in the application shall be answered in full by the applicant. The director shall investigate the application and report the findings of the investigation to the commissioner, who may issue the license or permit. The applicant shall provide:

 

(1) The name and residential address of the applicant, and, 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. If the application is on behalf of a corporation, the date of incorporation, the state in which incorporated, the amount of paid-in capital, the amount of authorized capital, the names and residential addresses of the officers and directors, and the names and addresses of all stockholders who hold 10 percent or more of the capital stock shall be given.

 

(2) The place of birth of the applicant, and, if the applicant is a naturalized citizen, the date and place of naturalization.

 

(3) The names and business addresses of the applicant's employers for a period of 5 years prior to the application.

 

(4) A statement of whether or not the applicant has been convicted of a felony.

 

(5) A description and address of the proposed premises for which a license is sought.

 

(6) A statement of whether or not the proposed premises are within 300 feet of a school or church.

 

(7) The class of the license for which application is made.

 

(8) A statement of whether or not any distiller, wholesaler, winemaker, brewer, or supplier of coin-operated, commercial, manual or mechanical amusement devices, or the employees, officers or agents thereof, has any financial interest in the retail business of the applicant for the sale of alcoholic beverages, or C.O.L., and whether or not the applicant, either directly or indirectly, will borrow or accept from any person equipment, money, credit or property of any kind, except ordinary commercial credit for liquor sold.

 

(9) A complete description of the plans, specifications and fixtures in the applicant's proposed place of business, if the application is for a retail license; provided, however, that this shall apply only when application is for a new location or a change in the plans for specifications within a previously established location.

 

(10) A statement that the applicant will not violate any of the ordinances of the city, the laws of the state or the laws of the United States in the conduct of the business.

 

(11) A comprehensive and informative statement, as the commissioner or director may deem necessary, to disclose the true ownership and management of the business.

 

(12) A statement from the Commissioner of Revenue that the applicant has paid all Earnings and Profits, Convention and Tourism and Occupational License taxes due Kansas City, Missouri, including all penalties and interest, or does not owe any Earnings and Profits, Convention and Tourism and Occupational License taxes to Kansas City, Missouri.

 

(13) A certificate from the directors of Codes Administration, Fire, and Health stating that with respect to the application the applicant is in compliance with the respective Codes.

 

(14) Two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises for applications for sales-by-drink, C.O.L. or sales-by-package alcoholic beverage licenses.

 

(15) Any additional information which the commissioner or director may reasonably require to be fully informed for consideration of the issuance of a license or permit.

 

(b) Fingerprints and photographs. All applicants for licenses under this chapter shall be fingerprinted by the commissioners or directors agents or the Kansas City police department and shall furnish to the director 2 recent photographs, passport size, together with the application. If the applicant is a partnership, all partners shall furnish photographs and all partners shall be fingerprinted, as directed in this subsection. If the applicant is a corporation, the managing officer shall be fingerprinted and shall furnish pictures of himself to the director. The director, in his discretion, may make similar requirements of the officers, directors and shareholders holding more than a 10 percent interest in the corporation.

 

(c) Execution by applicant. Application for a license under this chapter shall be made by the individual who is to be, in fact, actively engaged in the actual control and management of the particular beverage or C.O.L. establishment for which the license is sought.

 

(d) Supplemental reports. The licensee, upon request of the director, shall file a supplemental report, within 15 days, of any loan made to the licensee of money or credit relating directly or indirectly to the licensed business.

(e) Additional information for caterer's permit. Applications for caterers permits shall be filed with the director at least 14 calendar days prior to the scheduled function and the following shall accompany the application:

 

(1) Description of location, with specific defined areas set forth.

 

(2) Copies of contracts between the applicant and sponsor of the function, occasion or event and the contract between the applicant and the person controlling the premises upon which the function, occasion or event is to take place.

 

(3) Any other information pertinent to the application.

 

(f) Priorities for issuance to new applicants. Priority shall be given to new applicants for licenses under this chapter on the basis of the time the application is made. Any application which is incomplete for a period of 90 days after the date of filing with the director may be disapproved by the commissioner. If an application is complete in all respects except for providing the director with certificates of compliance with Building, Fire, Health and Neighborhood Codes, then the applicant shall be allowed additional time not to exceed six months after the filing of the application to provide the certificates to the director. If the applicant shall fail to provide said certificates within 180 days of the date the application was filed, then the commissioner shall disapprove the application. An aggrieved applicant may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

 

Sec. 10-192. Investigations.

 

(a) Directors investigation. The director shall immediately investigate the statements contained in each original or renewal application or an application for transfer of any license or permit for an alcoholic beverage license or permit, as well as the character, background, associates, financial investments and indebtedness of the applicant. The suitability of the location and surrounding conditions of the proposed premises shall also be investigated. The director shall investigate the application and report the findings of the investigation to the commissioner, who may issue the license under the provisions of section 10-213.

 

(b) Police investigation. Upon receipt of an application, the director shall forward immediately to the chief of police and the Missouri State Highway Patrol, the fingerprints of the applicant. The chief of police shall furnish to the director, all pertinent information contained in the police department records and the results of submission of the fingerprints to the Federal Bureau of Investigation. The director shall request all pertinent information contained in the records of the Missouri State Highway Patrol in connection with the investigation of the fingerprints. Upon approval of an application, the director shall forward a copy of the application to the chief of police.

 

(c) Investigations by Fire, Health and Codes Administration departments. The director may, at any reasonable time, or upon application for renewal, request the directors of the fire, health and codes administration departments, through their duly authorized agents and employees, to make investigations of licensed premises and the equipment and furnishings therein to determine if the premises are in compliance with all the requirements of the ordinances under the jurisdiction of these departments.

 

Secs. 10-193 ‑‑ 10-210. Reserved.

 

DIVISION 5. ISSUANCE

Sec. 10-211. State permit and license required.

 

Before the issuance of a license under the provisions of this chapter, the applicant shall also procure a permit and license from the state, under the provisions of RSMo chs. 311 and 312.

 

Sec. 10-212. Tax Clearance and Building, Fire, and Health Code compliance.

 

(a) Tax Clearance. Before any retail, wholesale, C.O.L., manufacturer or microbrewery license or permit is issued or renewed under the provisions of this chapter, the applicant shall furnish to the director, a statement from the Commissioner of Revenue that the applicant has paid all Earnings and Profits, Convention and Tourism and Occupational License taxes due Kansas City, Missouri, including all penalties and interest, or does not owe any Earnings and Profits, Convention and Tourism and Occupational License taxes to Kansas City, Missouri.

 

(b) Building, Fire, and Health Code compliance. Before any retail, wholesale, C.O.L., manufacturer or microbrewery license or permit is issued or renewed under the provisions of this chapter, the applicant shall furnish to the director upon request, a certificate from the directors of Codes Administration, Fire, Health and Neighborhood Preservation stating that with respect to the application the applicant is in compliance with the respective Codes.

 

Sec. 10-213. Authority of commissioner.

 

The commissioner is hereby authorized and empowered to issue licenses and permits provided for by this chapter for the manufacture or sale of alcoholic beverages, at wholesale or retail and C.O.L., and may issue the licenses to applicants who have complied with the terms of this chapter and have paid the necessary license fee.

 

Sec. 10-214. Issuance to purchasers of alcoholic beverage establishments.

 

A bona fide purchaser of an existing establishment who possesses all the individual qualifications required by this chapter, has complied with the terms of this chapter, and paid the necessary license fee may be issued a license .

 

Sec. 10-215. Issuance to businesses in areas annexed by city.

 

Any person doing business outside the city limits in an area which is annexed by the city shall be eligible to apply, regardless of the limitations in section 10-216, within 15 days after annexation, for a city license within the classification to which he is entitled at the time of annexation.

 

Sec. 10-216. Number of retail alcoholic beverage licenses.

 

The number of alcoholic beverage licenses issued by the commissioner shall be limited on the following basis:

 

(1) Retail sales-by-drink licenses. One retail sales-by-drink license may be issued for population of zero to 1,500, and one additional retail sales-by-drink license may be issued for each additional 1,500 population which exceeds the first 1,500 population, contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premises, as measured from the center of the door for the main entrance to the premises. The center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the director two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. The limitations provided in this section shall not apply to:

 

a. Retail sales-by-drink licenses issued to hotels, apartment hotels, motels, inns, lodges or similar places providing principally transient residential accommodations and having at least 40 rooms for overnight accommodation.

 

b. Retail sales-by-drink licenses issued to restaurant premises where substantial quantities of food are served, as defined in this chapter. The licensee of restaurant premises granted a license under this subsection shall file with the director, on a form provided by him, a verified statement showing the total amount of gross receipts, the total amount of gross receipts from the sale alcoholic beverages, and the total amount of gross receipts from the sale of prepared meals and food made on the premises for the 90-day period immediately following the date of the issuance of the license, and thereafter for the 12-month period immediately preceding November 1 of each year. The statements shall be filed within 15 days after the expiration of the 90-day period and with each annual renewal application. The commissioner shall, upon proper and sufficient evidence submitted to him by the director, summarily cancel or refuse to renew the license upon the failure of the licensed premises for a period of one year after issuance or renewal of the license to maintain an average of 50 percent or more of its total gross receipts in sales of prepared meals and food. Cancellation as provided in this subsection by the commissioner of any license issued under this subsection shall not be deemed a revocation and shall not disqualify the licensee from applying for and receiving any license granted under the provisions of this chapter. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

 

c. Sales-by-drink premises located wholly within the following described locations:

 

That area bounded by and including the block face frontage on I-70 on the north, Holmes Avenue on the east, Broadway Boulevard on the west, and 24th Street on the south, and that area bounded by including the block face frontage on 17th Street Terrace on the north, Woodland Avenue on the east, 18th Street on the south and Paseo Boulevard on the west.

 

(2) Retail sales-by-package licenses. One retail sale-by-package license may be issued for population of zero to 1,500, and one additional sale-by-package license may be issued for each additional 1,500 population which exceeds the first 1,500 population, contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premises, as measured from the center of the door for the main entrance to the premises. The center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the director two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. The limitations provided in this section shall not apply to:

 

a. Retail sales-by-package premises with not less than 20,000 square feet of sales display area within a building and an average of 80 percent or more of its total gross receipts from nonalcohol sales. The licensee of a retail sales-by-package premises granted a license under this subsection shall file with the director, on a form provided by him, a verified statement showing the total amount of gross receipts, the total amount of gross receipts from the sale of alcoholic beverages, and the total amount of gross receipts from the sale of inventory exclusive of alcoholic beverages made on the premises for the 90-day period immediately following the date of the original issuance of the license, and thereafter for the 12-month period immediately preceding May 1 of each year. The statements shall be filed within 15 days after the expiration of the 90-day period and with each annual renewal application for a retail sales-by-package license. The commissioner shall, upon proper and sufficient evidence submitted by the director, summarily cancel or refuse to renew the license upon the failure of the licensed premises for a period of one year after original issuance or renewal of the license to maintain not less than 20,000 square feet of sale display area within a building; or upon the failure to maintain an average of 80 percent or more of its gross receipts from sales of inventory excluding alcoholic beverages. Cancellation as provided in this subsection by the commissioner of any license issued under this subsection shall not be deemed a revocation and shall not disqualify the licensee from applying for and receiving any license granted under the provisions of this chapter. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

 

b. Sales-by-package premises located wholly within the following described location:

 

That area bounded by and including the block face frontage on I-70 on the north, Holmes Avenue on the east, Broadway Boulevard on the west, and 24th Street on the south.

(3) The determination of population contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius as measured from the center of the door of the main entrance of a proposed sales-by-drink or sales-by-package premises, shall be made by adding the total population as determined by the most recent U.S. Decennial Census to be contained within the entire boundaries of each such United States census block. The determination of the number of licenses of a specific category located within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius as measured from the center of the door of the main entrance of a proposed sales-by-drink or sales-by-package premises, shall be made by adding the total number of such licenses, located within the entire boundaries of each such United States census block, but excluding those licenses exempted under subsections (1)a, (1)b, (1)c, (2)a, and (2)b of this section. The locations described in subsections 10-216 (1)c and (2)b shall be excluded for purposes of determining the population and number of licenses contained in the U.S. census blocks wholly within or intersected by a 3,000-foot radius of a proposed sales-by-drink or sales-by-package premises. In connection with any application for a new license regulated under this section, for the purposes of determining the number of licenses in the categories regulated under this section, contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premises, as measured from the center of the door for the main entrance to the premises, all such city licenses existing at the time of the determination by the director, whether serving a suspension, under an order of nonrenewal, under an order of suspension or revocation, or under investigation for, subject to or charged with disqualification from holding a license or a violation of the provisions of this chapter, shall be included in the calculation unless such nonrenewal or revocation is final with all rights of appeal foreclosed.

 

(4) If the total number of sales-by-drink or sales-by-package licenses herein issued at the time this chapter becomes effective exceeds the number authorized for that category of license, those licenses, if they meet all other requirements, shall be entitled to renewal on an annual basis. Additional licenses in a category shall not be issued until the time as the respective population ratios as calculated and determined under this section exceed the populations provided herein. A new license in a category, if the application meets all other requirements of this chapter, may be issued for a vacancy created by bona fide purchase or transfer of a license to a new premises located in a census block wholly within or intersected by a 3,000-foot radius from the existing licensed premises, as measured from the center of the door for the main entrance to the premises, so long as an application for a new license is filed within 12 months from the date of bona fide purchase or transfer. A licensee whose license has been surrendered, canceled or not renewed as a result of condemnation of the premises, and who files an application for a new license within 12 months from the date of condemnation shall be exempt from the requirements of this section with respect to a new location, but the licensee shall meet all other requirements of this chapter. For the purposes of this chapter, the center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the city two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises.

 

Secs. 10-217 ‑‑ 10-240. Reserved.

 

DIVISION 6. RENEWALS, TRANSFERS AND LOST LICENSES; CHANGES IN

LICENSES

 

Sec. 10-241. Renewals.

 

(a) Sales-by-drink license or permit and C.O.L. license. Each person holding any classification of license or permit for the sale of alcoholic beverages by the drink or C.O.L. license, desiring renewal of the license or permit, shall file with the director an application for renewal on or after November 1 and not later than November 30 of each year.

 

(b) Package, manufacturer's and wholesaler's license. Each person holding a license to sell alcoholic beverages in the original package or a license to manufacture or sell at wholesale alcoholic beverages, desiring renewal of the license or permit, shall file with the director an application for renewal on or about May 1 and not later than May 31 of each year.

 

(c) Proper parties to file application. A renewal application shall be filed by the actual owner, if an individual; or, if a partnership, separate applications shall be filed by each member of the partnership; or, if a corporation, the person filing must be an officer in the corporation or the person designated by the corporation as managing officer of the licensee.

 

(d) Contents of application. A renewal application shall disclose by affidavit, on a form provided by the director, the following information, along with any other information the commissioner or director deems necessary:

 

(1) The name and address of the owners at the date of filing; or, if a corporation, the names and addresses of the corporate officers and directors, and all stockholders if the total number of stockholders is less than 15, or, if there are more than 15 stockholders in the corporation, then the applicant shall furnish the names and addresses of all stockholders who hold 10 percent or more of the capital stock and the percentage of stock held by each such stockholder.

 

(2) The financial status of the corporation, including all loans, notes, chattels, mortgages and any and all other outstanding obligations, and the balance due thereon, except current alcoholic beverage bills, or other current bills, for merchandise incidental to the operation of the establishment for which the license is sought.

 

(3) The banks with which the firm or corporation is doing any business, and the signed consent by the licensee for the commissioner, director or their authorized representatives to examine any and all business bank accounts, records and other data pertaining to the licensed business.

 

(4) The names and addresses of any persons who have contributed any money to, have loaned any money to, or have had any investments in the licensed business during the preceding year. The applicant shall further state the amounts received from those persons, the purpose for which the money was used, and any outstanding obligations and the balance due thereon.

 

(5) Whether the applicant has borrowed or accepted money and agrees not to borrow or accept money in the future from any wholesale supplier of alcoholic beverages or any supplier of coin-operated commercial, manual or mechanical amusement devices, or the employees, officers or agents thereof, or from any owner of coin-operated commercial, manual or mechanical amusement devices on or about the licensed premises, or from any felon or person who is not of good moral character.

 

(6) The names and addresses of any and all persons who may be engaged, either directly or indirectly, in any part of the management and control of the licensed business.

 

(7) Whether the applicant has complied with, during the past year, and will continue to comply with, the provisions of the fair public accommodation sections of chapter 38.

 

(e) Documentation filed with application. The following documents shall be filed with applications for renewals:

 

(1) If the application is for renewal of a restaurant-bar license, the applicant shall furnish to the director, an accountant's certificate showing that at least 50 percent of the gross income of the restaurant-bar for the one year preceding the date of the application was derived from the sale of prepared meals or food consumed on the premises.

 

(2) If a license has been issued to an applicant who represents at the time of the original application that the licensee has control of parking facilities by ownership, lease or otherwise, and the license was issued relying in part upon that representation, then any renewal application shall include the same or similar representations and proof of control as the commissioner shall require. Loss of parking facilities through no fault of the license holder shall not be cause for denial of renewal.

 

(f) Disapproval of application to renew. The commissioner shall disapprove an application for renewal of any license or permit on the following grounds:

 

(1) If any renewal application contains information which does not justify renewal,

 

(2) If the commissioner has other information that the applicant has not met all the other requirements of this chapter,

 

(3) If the licensee or any employee of the licensee or a permit holder under this chapter is convicted within the current license year in the Municipal Court of Kansas City, Missouri or any other court in this state, of three (3) or more violations of this chapter, or

 

(4) if the commissioner has any other information which does not justify renewal.

 

An applicant whose application for renewal of a license or permit has been disapproved may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

 

(g) Considerations for renewal. In determining whether a renewal application shall be disapproved, the commissioner, or the board, upon appeal, shall consider the following factors:

 

(1) Whether the licensed premises are within 250 feet of any residentially zoned district, whether the licensed or permitted operation has caused a nuisance to or change in character of that residential area. In this context, the commissioner or board shall consider exterior lighting, noise, traffic and parking associated with the operation of the premises, with its patrons or with other persons frequenting the premises.

 

(2) Whether lewd and indecent conduct, including but not limited to public urination, exhibited by persons frequenting the licensed premises or by the licensee or his employees, servants or agents, has occurred on the licensed premises or in the immediate vicinity thereof.

 

(3) Whether crimes or city ordinance violations have been committed upon or in the immediate vicinity of the licensed premises by persons frequenting the premises or by the licensee or his employees, servants or agents.

 

(4) The frequency of disturbances or other incidents upon or in the immediate vicinity of the licensed premises by persons frequenting the premises that have required police presence, response, investigation or other action.

 

(5) Whether the licensee has allowed or permitted any type of entertainment on or about the licensed premises without application to the director and written approval by the commissioner.

 

(6) Whether the type of entertainment approved by the licensed premises has been detrimental to the locality involved, and, if any renewal application proposes to change the type of entertainment for the premises, whether the proposed entertainment would be compatible with or detrimental to the locality involved, considering those other factors delineated in section 10-335(b).

 

(7) Whether the sale of illegal drugs or controlled substances or illegal gambling has occurred upon or in the immediate vicinity of the licensed premises by persons frequenting the premises or by the licensee or his employees, servants or agents.

 

(8) Other factors which, due to the character of the locality or of the licensed premises, would be relevant to the determination of whether renewal of a license or permit would be detrimental to the locality in which the licensed premises are located.

 

(9) Whether the licensee or permittee has received prior notice of violations of this chapter or of other factors which may not justify renewal.

 

(h) Failure to file application. If any licensee fails to file the application for license renewal during the prescribed time, accompanied by an affidavit containing the information required, then the license shall not be renewed, and the license shall expire on the last day of the current license year. If any licensee files an application for renewal of the license within the prescribed period which does not contain all the information required, then the license shall not be renewed, and the license shall expire on the last day of the current license year, provided that if that information is filed with the director within 30 days after the beginning of the new license year, then the commissioner may renew the license, otherwise the commissioner shall not renew the license.

 

Sec. 10-242. Death of retail licensee.

 

In the event of the death of a retail licensee:

 

(1) Any bona fide relative of the deceased licensee, who shall meet the individual requirements of this chapter, may continue to operate the business of the licensee for the remainder of the period for which a license fee has been paid, and it shall not be necessary for the relative to secure a new license until the expiration of the license issued to the deceased licensee.

 

(2) The surviving relative shall report the death of the deceased licensee and furnish other information to the director as may be necessary to determine whether the relative is qualified to hold a license under this chapter within 30 days of the death of the retail licensee.

 

(3) The prescribed time for filing an application for license renewal shall be extended up to 120 days.

 

Sec. 10-243. Transfer of location.

 

(a) Application required. A licensee desiring the transfer of the existing license to a different location shall file a written application for transfer with the director, together with $25.00 to cover investigation costs. The application for transfer shall:

 

(1) Disclose the name and residential address of the licensee, and current business address.

 

(2) Disclose the address and legal description of the premises to which transfer is sought, together with the name and address of the owner, a complete set of building plans, and a descriptive list of the fixtures in the proposed place of business.

 

(3) Include an affidavit by the licensee that he has not violated any of the provisions of this chapter or of the state liquor laws since the license was granted.

 

(4) Disclose any additional information that the director may require.

 

(b) Transfer requirements. The applicant for transfer shall comply with all requirements for an original license issued under this chapter at the proposed location, except as provided in section 10-216. The director shall investigate the application to determine whether the applicant has met all the qualifications and requirements for the issuance of a license for the proposed premises and report the findings to the commissioner, who may approve or disapprove the application for transfer.

 

(c) Disapproval of application for transfer. The commissioner may also disapprove an application for transfer of the business of a licensee whenever the licensed business is under citation by the city or the state department of liquor control, and the matter has not yet been fully adjudicated. An applicant for a transfer whose application has been disapproved may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

 

Sec. 10-244. Lost licenses.

 

(a) Whenever a license issued under this chapter is lost or destroyed, a duplicate in lieu thereof may be issued by the commissioner to the licensee.

 

(b) Application for a duplicate license shall be by affidavit of the licensee, filed with the director, request that a duplicate license be issued, and set forth:

 

(1) The approximate date upon which the license was lost or destroyed.

 

(2) The circumstances under which the license was lost or destroyed.

Sec. 10-245. Change in ownership or management of business.

 

(a) Requirements.

 

(1) No person holding a license under this chapter to manufacture or sell alcoholic beverages or a C.O.L. license shall make any change in the ownership of the business without first filing with the director, a written notice of intention to do so, with an affidavit disclosing the names of the prospective transferees, the names and addresses of creditors of the licensee who are wholesale suppliers of alcoholic beverages, and stating that all the creditors have been notified in writing, by registered mail, or that the creditors have been personally served with notice of any proposed change in ownership; nor shall a person make any change in the management or control of the business without first notifying the director, in writing, and by affidavit disclosing the names and residential addresses of any persons who may have any interest in the business or take part in the management and control thereof, whether directly or indirectly; and as a condition precedent for the transfer, the person shall obtain written approval from the commissioner.

 

(2) Whenever a corporation holding a liquor license under the provisions of this chapter makes application for a change of managing officers, a charge of $35.00 shall be made for each application for the purpose of defraying the costs of investigation of each prospective managing officer. The sum shall be payable to the city treasurer.

 

(3) Any application or request for approval of a change in the ownership of the business or for a change of managing officers which is incomplete for a period of 90 days after the date of filing with the director may be disapproved by the commissioner and the applicant may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

 

(b) Refusal of sale or change in ownership. The commissioner may refuse to approve or may delay the approval of an application for change of ownership if the applicant or licensee is under citation by the city or by the state department of liquor control, if an alleged violation or matter has not yet been finally adjudicated, or if the licensee is under an administrative suspension or revocation ordered by the state or the citys commissioner or board. If the commissioner disapproves the application, then the applicant may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

 

Sec. 10-246. Continuance of license after partner's withdrawal.

 

If one or more members of a partnership having a license for the sale of alcoholic beverages withdraws from the partnership, the director, upon application accompanied by a bill of sale or affidavit of transfer, shall allow the remaining partners originally licensed to continue operation under the original license for the remainder of the period for which the licensee fee has been paid, and shall allow the remaining partners to apply for renewal of the license in the names of the remaining partners.

 

Secs. 10-247 ‑‑ 10-270. Reserved.

 

DIVISION 7. EMPLOYEE'S PERMIT

 

Sec. 10-271. Generally.

 

(a) Permit required. It shall be unlawful for any person to directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages unless the person holds a valid employee permit issued by the commissioner. The term directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages, as used in this section, shall include accepting delivery of, stocking, arranging displays of, delivering, taking orders for, accepting payment for, mixing, serving or assisting in mixing or serving alcoholic beverages while acting in the capacity of, but not limited to, bar manager, bartender, waiter, waitress, cashier, sales clerk, stock person or doorman, or other person responsible for checking identification cards to determine age.

 

(b) Eligibility. No person shall be issued an employee permit by the commissioner unless the person is at least 21 years of age, except as otherwise provided by section 10-403. No person shall be issued an employee permit if the person has been convicted of a felony, is otherwise disqualified by state statutes or by the Code of State Regulations for employment on the licensed premises of an alcoholic beverage establishment, or 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 5 years immediately preceding the application.

 

(c) Application; issuance. All applications for an employee permit shall be submitted on a form supplied by and filed with the commissioner, and shall be signed by the applicant. The application shall include:

 

(1) The applicant's complete name, home address, home 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 sex.

 

(3) A statement by the applicant that he or she has not been convicted of any felony.

 

(4) A statement by the applicant of whether or not the applicant 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 alcoholic beverage license or permit issued to the applicant has ever been suspended or revoked, and whether or not the applicant has ever been 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) An intent to hire form, completed and signed by the licensee by whom the applicant will be employed.

(7) The applicant's criminal history record verified by the Kansas City police department, to be obtained by the applicant.

 

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

 

(9) The application fee of $10.50 to be paid to the city treasurer.

 

If the applicant meets the requirements of this section and this chapter, the commissioner shall issue the applicant an employee permit valid for 3 years from the date of application. Upon expiration of the permit, the applicant may obtain a new permit in the same manner as provided in this section.

 

(d) Form of permit. Each employee 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 permit shall be convicted of any felony, the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this chapter, the commissioner may file request for a 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.

 

(f) Employment of felons. A retail licensee may employ a person convicted of a felony unrelated to the manufacture or sale of intoxicating liquor, so long as that felon does not directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages. Any retail licensee who employs a felon shall report the identity of that person to the director within 10 days of the person's employment, and shall notify the director within 10 days of the person's leaving the licensee's employment, using forms provided by the director for that purpose.

 

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

 

Sec. 10-272. Violations; penalty.

 

(a) Employment of persons without permit. It shall be unlawful for any retail licensee to have in his employ to sell or assist in the retail sale, dispensation, service or delivery of alcoholic beverages any person who does not have an employee's permit issued by the commissioner.

 

(b) False representations. It shall be unlawful for any person to use or possess any false or falsified employee's permit issued, or purporting on its face to have been issued, by the commissioner 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 commissioner, director or their authorized agents or any member of the police department, the person's age to be 21 years or older.

 

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

 

(d) Use of another's permit. It shall be unlawful for any lawful holder of an employee's permit issued by the commissioner 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 division shall be fined in a sum of not less than $100.00 and not more than $500.00, or by a sentence of not less than 30 days and not more than six months' imprisonment at the municipal correctional institution, or by both fine and imprisonment.

 

Secs. 10-273 ‑‑ 10-300. Reserved.

 

ARTICLE IV. PREMISES

 

DIVISION 1. GENERALLY

Sec. 10-301. Issuance of license for structure occupied as dwelling.

 

No license shall be issued for the sale of alcoholic beverages or C.O.L. in or upon any structure occupied in whole or in part as a dwelling, unless the dwelling is equipped with a separate entrance and unless there is no means of entrance or exit from the licensed premises to any dwelling. This section shall not apply to back single rooms used by night watchmen as places of periodic rest. The provisions of this section shall not apply when a catered function, occasion or event is held in a location defined as a dwelling.

 

Sec. 10-302. Special regulations for certain premises.

 

(a) Hotels, motels and clubs. Nothing in this article shall be construed as to prevent any hotel or motel operator, or private club, from serving any alcoholic beverage to any guest, including registered guests, in or occupying any room of a hotel, motel or private club, if the alcoholic beverage so served shall be kept in or served from a licensed location, place or premises in those establishments.

 

(b) Drugstores, confectionaries, soda fountains and school supply stores. No alcoholic beverage sales-by-drink license and no C.O.L. license provided for in this chapter shall be issued if the structure for which the license is sought is occupied and operated as a drugstore, pharmacy, confectionery, soda fountain, soft drink business, or stationery or school supply store.

 

Sec. 10-303. Limitation on number of licenses for single premises.

 

No more than one retail license provided for by this chapter shall be issued for any single premises at any given time; provided, however, that the provisions of this section shall not apply to those persons holding caterer's permits.

 

Secs. 10-304 ‑‑ 10-330. Reserved.

 

DIVISION 2. LOCATION

 

Sec. 10-331. Distance from churches or schools.

 

(a) No alcoholic beverage license shall be issued for any new location or for the

expansion of any existing premises when the premises are within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of the school or church property. However, if a dwelling is the site of a proposed catered function, occasion or event, the requirements for the distance from any school or church is reduced to within 100 feet from the church or school. This provision shall not prohibit a church or school, meeting the requirements of this chapter, from holding a catered function, occasion or event on the property of the school or church.

 

(b) Whenever a license legally established within 300 feet of a church or school prior to

the adoption of this chapter, is canceled, terminated or surrendered due to any federal, state, county, city or local governmental action, or due to loss of lease through no fault of the licensee, or due to destruction of the premises by fire, flood or other natural disaster, then the licensee may be relocated within 300 feet of the original church or school location, provided the new location of the premises meets all other requirements of this chapter and is not within 300 feet of another church or school.

 

Sec. 10-332. Sales-by-drink, C.O.L. or sales-by- package license‑‑Generally.

 

(a) Compliance with city ordinances. No sales-by-drink, C.O.L. or sales-by-package alcoholic beverage license shall be issued by the commissioner for a new location or for the expansion of existing premises until there has been shown compliance with the Fire Code, Health Code, Building Code, Zoning ordinances of the city.

 

(b) Consent of neighboring property owners. No sales-by-drink, C.O.L. or sales-by- package alcoholic beverage license shall be issued for a new location or for the expansion of an existing licensed premises unless the applicant shall furnish to the director, signed consents from the owners of a majority of 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, except that any parcel of such real estate on which a retail sales-by-drink, C.O.L. or sales-by-package license is situated shall not be included in such calculation. The center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the director with the application, two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. For purposes of this section, a condominium as defined in this chapter, shall be considered as a single property parcel entitled to a single consent, which consent shall be validated if signed by the unit owners of a majority of the condominium units. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in proper form from a tenant of such property owner under the following conditions:

 

(1) That the tenancy is for a term not less than one year; and

 

(2) That applicant shall furnish to the director sufficient proof that the applicant has sent a notification to the eligible consenting owner in a form approved by the director, by U. S. Certified mail; and

 

(3) That the notification shall include the date of application, name and address of the applicant, the name and address of the proposed establishment, the type of license applied for, the proposed hours of operation, the proposed type of entertainment, if any, a statement that if the owner does not file an objection with director within 30 days of the date of the certified mailing of the notification, then the director will accept the signed consent of the tenant, the name, address, telephone and facsimile numbers of the directors office and instructions to the property owner for filing an objection to accepting the signed consent of the tenant.

 

(c) Notification of application. The director shall provide written notification of the filing an application for a license under this section to all eligible consenters identified for such application and owners of property parcels located in Kansas City, Missouri 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 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director shall provide written notification of the filing of an application for a license under this section to all to neighborhood associations registered with the City Planning and Development department whose boundaries are wholly within or intersected by a radius of 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises.

 

(d) Within 30 days of the filing of an application for a retail sales-by-drink, C.O.L. or sales-by-package license, if the owners of not less than 50% of the property parcels wholly within or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises file with the director a petition requesting a hearing before the director on whether the issuance of such license or sales permit will be in the best interests of the locality involved, then the director shall notify the applicant and property owners of the date, time and place of a hearing to determine the issue based on the factors set forth in section 10-336 of this chapter.

 

Sec. 10-333. Exceptions for certain premises.

 

No signed consents as required by section 10-332(b) shall be required for the following licenses and permits:

 

(a) Restaurants, office buildings, or high-density office building. Whenever the proposed premises is in a dining room, restaurant, lounge of any hotel or motel or a high-density office building, and provided the location therein in which alcoholic beverages are to be sold and served is wholly enclosed with no entrance thereto except from within the building, and no window or other display or sign is used for advertisement, a sales-by-drink or C.O.L. license may be issued for such premises without the consents set out in section 10-332(b), but all other requirements of this division shall apply to such premises.

 

(b) Private or country club. When a country clubhouse or any other clubhouse is located in connection with a subdivision or community development and on property at least 3 acres in size.

 

(c) Property zoned CP-3. When the proposed premises are located on property zoned CP-3 as defined in Chapter 80 of the Code of Ordinances.

 

(d) Central city area. When any proposed premises shall be located within an area bounded by I-70 on the north and east, Crosstown Freeway on the south and a line 160 feet west of the east section line of Section 6, Township 49, Range 33 (said section line being the approximate center of Broadway Boulevard) on the west, then no written consents shall be required as provided for in section 10-332(b), provided that all other requirements of this chapter have been fulfilled.

 

Sec. 10-334. Wholesale and manufacturer's licenses.

 

A wholesale or manufacturer's license shall not be issued by the commissioner for a new location or for the expansion of any existing premises until there has been shown compliance with the Fire Code, Health Code, Building Code and Zoning ordinances of the city.

 

Sec. 10-335. Form of consent.

 

The consent required under the terms of this division shall be in writing on a form provided by the director and shall contain a statement that the signers thereof are the persons required under the terms of this division. Each written consent shall be verified before a notary public.

 

Sec. 10-336. Criteria for issuance of license.

 

(a) In considering whether to approve or disapprove an application for any license or sales permit under this chapter, the commissioner shall determine whether the applicant is qualified and meets all requirements for the license or sales permit and the commissioner shall determine whether the approval of the license or sales permit will be in the best interests of the locality involved.

 

(b) In making the determination of whether the approval of the license or sales permit will be in the best interests of the locality involved, the commissioner shall consider:

 

(1) The number, density and types of licenses or permits within 3,000 feet of the proposed premises for which a license is applied for, and the type of license or permit applied for.

 

(2) The type of business or commercial uses within 3,000 feet of the proposed premises and the general character and intensity of uses permitted by the zoning ordinance within the area.

 

(3) The number of adult bookstores, adult entertainment facilities, bathhouses, massage shops and modeling studios, as defined in the zoning ordinance, within 3,000 feet of the proposed premises.

 

(4) Whether the proposed premises are within 250 feet of any residentially zoned district, and, if so, whether the proposed licensed or permitted operation would cause a nuisance to or change in character of the residential area. In this context the commissioner shall consider exterior lighting, noise, traffic and parking associated with the proposed premises or its patrons, as well as any other relevant characteristic of the proposed facility. For purposes of this chapter, the term residentially zoned district shall be defined as districts R-1, RA, R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-7, GP-6, GP-5, GP-4, GPA, GPR-1 and GPR-2.

 

(5) The type of entertainment, if any, proposed for the licensed premises, and whether the entertainment would be compatible with or detrimental to the locality involved.

 

(6) Other factors which, due to the character of the licensed premises or of the locality involved, would be relevant to whether issuance of the license or permit would be in the best interest of the locality involved.

 

(7) The unique character of the business, convention and entertainment areas that are bounded by I-70 on the north, Holmes Avenue on the east, Broadway Boulevard on the west, and 24th Street on the south, and that area bounded by 17th Street Terrace on the north, Woodland Avenue on the east, 18th Street on the south and Paseo Boulevard on the west.

 

(c) The commissioner or director may request any department or agency of the city to provide data, information, opinions or recommendations which will assist them in reviewing any application for a license. By way of example, and not as a limitation, the commissioner or director may request the following departments to provide him with the following information concerning the proposed premises:

 

(1) Public Works department: traffic flow, location of curb cuts for parking lots, and parking availability surveys.

 

(2) City Development department: impact upon the community, neighborhood, surrounding environs, adopted area plans and comprehensive plans or development projects in the area.

 

(3) Fire department: access for emergency vehicles and safety of the proposed location.

 

(4) Police department: potential impact of crime, disturbances and traffic related to density or location of licensed establishments upon nearby residential or commercial neighborhoods.

 

(5) Health department: adverse impact upon the health, safety and general welfare.

 

(6) Parks and Recreation department: impact upon parks, boulevards or community centers within the vicinity.

 

(7) Codes Administration department: applicable building codes, parking requirements and zoning restrictions.

 

(d) The provisions of this section shall apply to any new application for any classification of license as well as any application for transfer of location of the license.

 

Sec. 10-337. Existing licensed establishments.

 

(a) Nothing contained in this division shall affect any retail sale-by-drink or C.O.L. alcoholic beverage establishment legally located before and continuously operated since April 5, 1968.

 

(b) Notwithstanding the consent radius requirements of Section 10-332, the consent radius for expansion of an existing sales-by-drink, C.O.L. or sales-by package alcoholic beverage premises legally licensed between July 1, 1997 and April 1, 1998 shall be 150 feet.

 

Secs. 10-338 ‑‑ 10-360. Reserved.

 

ARTICLE V. CONDUCT OF BUSINESS

 

Sec. 10-361. All licensees; requirements.

(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 commissioner.

 

(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 police department. The licensee and his employees shall cooperate with any law enforcement authority, agents of the Missouri Division of Liquor Control, and the commissioner or director, or their 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 any 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 traffic in alcoholic beverages is being conducted on any 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) 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.

 

(e) 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 5 days, of the change of any telephone number upon the licensed premises.

 

(f) 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 licensees employees, which shall list the name, address, employee permit number, job title or classification and date of employment for each employee, and 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 2 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.

 

(g) 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. 10-362. All retail licensees.

 

(a) Sales to minors or intoxicated persons. No retail licensee, nor employee of the licensee, shall allow any alcoholic beverages to be sold, given or otherwise supplied upon the licensed premises to any person who is under the age of 21 years, or to a habitual drunkard, or to any person who is intoxicated or who is actually or apparently under the influence of alcoholic beverage.

 

(b) Consumption by minors. No retail licensee, nor employee of the licensee, shall allow any person under the age of 21 years of age to consume alcoholic beverages upon the licensed premises.

 

(c) Sale for off-premise consumption. No retail licensee, nor employee of the licensee shall sell for off-premise consumption any glass bottle containing more than 30 ounces of malt liquor or nonintoxicating beer that is chilled or refrigerated to a temperature that is below room temperature of the licensed premises.

(d) Serving or delivering in vehicles. No retail licensee, nor employee of the licensee, shall sell or serve any alcoholic beverage to any person while the person is operating or is a passenger in or on any motor vehicle.

 

(e) Prostitution. No retail licensee, nor employee of the licensee, shall allow upon the licensed premises any act of prostitution as defined in the prostitution chapter of the Missouri Criminal Code, including the solicitation for prostitution.

 

(f) Unauthorized sale of property. No retail licensee, nor employee of the licensee, shall allow any person to offer for sale or sell any personal property upon the licensed premises unless the sale of the property has been authorized by the licensee or the manager or person in charge of the licensed premises.

 

(g) Disorderliness, indecency or obscenity. Upon the licensed premises, no retail licensee, nor employee of the licensee, shall:

 

(1) Fail to immediately prevent or suppress any violent quarrel or disorder, brawl, fight or any other act or conduct prohibited or declared to be unlawful by this chapter.

 

(2) Allow language, conduct or songs calculated to provoke a breach of the peace, or obscene literature, entertainment or advertising material.

 

(3) Allow any employee, entertainer or customer to perform a dance of any kind upon a bar, table or any other place used for serving food or beverages.

 

(4) Allow any person to be unclothed, or in such less-than-opaque attire, costume or clothing, so as to expose to view human genitals, pubic region or pubic hair, or buttocks, female breast or breasts below a point immediately above the top of the areola, or any combination of the foregoing, or human male genitals in a discernibly erect state, even if completely and opaquely covered, except as otherwise provided by this chapter.

 

(5) Allow the performance of any acts of sexual conduct, including actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of the female; or any sadomasochistic abuse or acts including animals or latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.

 

(6) Allow the display of films or videotapes showing persons unclothed as described in subsection (g) (4) of this section, or allow the display of pictures, films, videotapes or other material depicting acts prohibited by subsection (g) (5) of this section.

(h) Storing off-licensed premises. No retail licensee shall store any alcoholic beverage off or outside of the licensed premises unless written request therefor is filed with the director, and written approval is issued by the commissioner; except that a licensee may store alcoholic beverages in a bonded warehouse or central warehouse, if he has first notified the director in writing of his intention to do so.

 

(i) Unlicensed beverages on premises. No retail licensee, nor employee of the licensee, shall allow upon the licensed premises any alcoholic beverages except the types the licensee is licensed to sell upon those premises.

 

(j) Illegal drugs. No retail licensee, nor employee of the licensee, shall possess, store, sell or offer for sale, give away, distribute or deliver any controlled substance or illegal drug or narcotic, as defined in the Missouri Comprehensive Drug Control Act, or similar statutes, upon the licensed premises, nor shall any licensee or employee allow any other person to engage in any such acts upon the licensed premises.

 

(k) Illegal gambling. No retail licensee, nor employee of the licensee, shall participate or engage in illegal gambling or violate any federal or state laws in connection with gambling, upon the licensed premises, nor shall any licensee or employee allow any other person to engage in any such acts upon the licensed premises.

 

Sec. 10-363. Hours, days of sale; all retail licensees.

 

(a) Hours, days of sales. No retail licensee, nor employee of the licensee, shall sell, give away or otherwise dispose of any alcoholic beverages or suffer the same to be done on or about the licensed premises:

 

(1) Between the hours of 1:30 a.m. and 6:00 a.m. Tuesday through Saturday;

 

(2) Between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday.

 

(b) Exceptions.

 

(1) A person holding a valid license or permit pursuant to the provisions of sections 10-124, 10-125, 10-126, 10-127, or 10-128 may be open for business in accordance with the provisions of the license or permit.

 

(2) When January 1st, March 17th, July 4th or December 31st falls on a Sunday, and on the Sundays prior to Memorial Day, Labor Day and on the Sunday on which the national championship game of the national football league is played, commonly known as "Super Bowl Sunday," any person having a license to sell alcoholic beverages by the drink may be open for business and sell alcoholic beverages by the drink under the provision of the license, starting at 11:00 a.m. and until 1:30 a.m. on Monday.

(c) Whenever hours of time are set forth in this chapter, they shall be interpreted to mean clock time which shall be either Central Standard Time or Central Daylight Time, whichever is then being observed.

 

Sec. 10-364. Sales-by-drink and C.O.L. licenses.

 

(a) Closed place. The premises of any sales-by-drink or C.O.L. license shall be a closed place with all doors locked and no persons upon the premises, upon all days and at all times during which the sale of alcoholic beverages is prohibited by this chapter, or not permitted by the license, except as provided in subsection (b) of this section.

 

(b) Exceptions:

 

(1) If the license authorizing the sale of alcoholic beverages is held by a club, hotel or motel, the licensee may remain open if all alcoholic beverages previously dispensed to customers are removed from the customers, and all refrigerators, cabinets, cases, boxes and taps from which alcoholic beverages may be dispensed are and remain securely locked. The removal of alcoholic beverages from customers shall not apply to alcoholic beverages sold or served to guests in private guest rooms, as provided by section 10-370(c)(1).

 

(2) If the license authorizing the sale of alcoholic beverages is held by a restaurant where substantial quantities of food are served, the licensee may remain open for the purpose of serving food if all alcoholic beverages previously dispensed to customers are removed from all customers, and all refrigerators, cabinets, cases, boxes and taps from which alcoholic beverages may be dispensed are and remain securely locked, and the director has been notified in writing of the extended opening at least 30 days in advance of the extension.

 

(3) The licensee, or any employee of the licensee, may enter or remain upon the premises for a reasonable time period while actually engaged in cleaning, maintenance, or routine closing or opening activities.

 

(4) The licensee, or any employee of or other person authorized by the licensee, may enter or remain upon the premises pursuant to and for the purposes of temporary work or construction upon a written request filed with the director, and a permit granted by the commissioner. The permit shall state the nature of the work or construction to be performed, the name of each person authorized to perform the work or construction and the days and hours for which the permit shall be valid.

 

(5) The licensee, or any employee of or other person authorized by the licensee, may enter or remain upon the premises for purposes of providing security, upon a written request filed with the director, and a permit granted by the commissioner. The permit shall state the name of each person authorized to enter or remain upon the licensed premises for that purpose.

 

Sec. 10-365. Prohibited acts on sales-by-drink premises.

 

(a) Upon the licensed premises of a sales-by-drink licensee, no licensee, nor any employee of the licensee, shall:

 

(1) Allow alcoholic beverages to be brought into or upon the premises by customers;

 

(2) Allow any person to remove from the premises any alcoholic beverage provided for consumption on the premises;

 

(3) Sell, give away or serve water, soda water, phosphates or any other kind of liquid to be used for the purpose of mixing intoxicating drinks, commonly referred to as setups;

 

(4) Allow any customer, while in or upon the premises, to pour into, mix with or add intoxicating liquor to water, soda water, ginger ale, seltzer, malt, phosphates or any other kind of liquid or other liquor;

 

(5) Allow any person to drink or consume any alcoholic beverage directly out of any bottle, if the volume size of the bottle exceeds 16 ounces, or if the alcohol content of the beverage exceeds 15 percent, by volume;

 

(6) Allow any employee to solicit any customer to purchase alcoholic beverages or nonalcoholic beverages, either for that employee or for another employee;

 

(7) Allow any employee directly participating in the sale of alcoholic beverages as defined by section 10-271 to consume any alcoholic beverage;

 

(8) Allow any employee directly participating in the sale of alcoholic beverages as defined by section 10-271 to sit at any bar or table with any customer except for a reasonable period of time while actually engaged in taking a food or drink order;

 

(9) Give away any alcoholic beverage to any customer;

 

(10) Sell any alcoholic beverage at retail for less than the price paid at wholesale;

 

(11) Allow any employee, except dance instructors, to dance with any customer; or

 

(12) Sell or give away any drug, medicine or controlled substance to any person, provided that nothing in this section shall prohibit the licensee, any of its employees or any other person from possessing or using a drug, medicine or controlled substance in a lawful manner, provided that this shall not apply to hotels, apartment hotels, motels, inns, lodges or similar places providing principally transient residential accommodations and having at least 40 rooms for overnight accommodation or Restaurant Bars as defined in this Chapter.

 

(b) This section shall not be construed to prohibit any of the acts described in subsections (1) through (5) in any private guest room or private dining room of any duly licensed hotel, motel or club.

 

Sec. 10-366. Semi-nude dancing.

 

(a) Application. No licensee shall allow semi-nude dancing upon the licensed premises unless written application therefor is filed with the director, and written approval is issued by the commissioner.

(b) Standards of conduct‑‑Licensee. No licensee, nor employee of the licensee, shall allow any person to perform any semi-nude dance upon the licensed premises unless the following conditions are met:

 

(1) Any semi-nude dance must be performed upon a stage that is separated at every point by at least six feet from the nearest seated customer;

 

(2) Any such stage must contain no less than 100 square feet of surface and be at least 18 inches above the immediately adjacent floor level;

 

(3) Any such stage must be located at a place upon the licensed premises where any semi-nude dance is not visible from outside the premises; and

 

(4) Every person performing such semi-nude dance shall adhere to the standards of conduct set forth in subsection (d) of this section.

 

(c) Dancer. No person shall perform any semi-nude dance upon the licensed premises unless the following standards of conduct are met:

 

(1) Such dancer shall have obtained an adult entertainer's permit as provided by section 12-48(b), and such permit is not expired, suspended, or revoked;

 

(2) While performing such semi-nude dance, such dancer shall not display pubic hair, the anus, genitals or a pubic region, or any portion of the areola of the female breast;

 

(3) Such dancer may perform a dance for a customer or customers while not present upon the stage described by subsection (c) of this section, but shall not intentionally touch any such customer while performing such dance, and when not present upon such stage, such dancer shall not be unclothed, or in such less-than-opaque attire, costume or clothing, so as to expose to view human genitals, pubic region or pubic hair, or anus, female breast or breasts below a point immediately above the top of the areola, or any combination of the foregoing, or human male genitals in a discernibly erect state, even if completely and opaquely covered;

 

(4) Such dancer shall not receive any payment or gratuity from any customer unless such payment or gratuity is placed into the dancer's hand, under a leg garter worn by such dancer located at least four inches below the bottom of the pubic region, or on the stage;

 

(5) No such dancer shall dance with any customer;

 

(6) No such dancer shall sit at a table or the bar with any customers; and

 

(7) No such dancer shall knowingly touch any specified anatomical area of another person, or allow another person to touch any specified anatomical area of such dancer; or no such dancer shall knowingly fondle or caress any specified anatomical area of another person, whether such area is clothed, unclothed, covered or exposed, or allow another person to fondle or caress any specified anatomical area of such dancer, whether such area is clothed, unclothed, covered or exposed. The term "specified anatomical area" as used in this section shall be defined as in section 12-43 (16).

 

(d) Responsibility of licensee and dancer. Any person performing as a semi-nude dancer on the licensed premises shall be construed to be an employee of the licensee for purposes of this section and sections 10-362 and 10-365.

 

(e) Standards of conduct; customer. No customer shall knowingly or intentionally touch, fondle or caress any specified anatomical area of any dancer, whether such area is clothed, unclothed, covered or exposed.

 

Sec. 10-367. Package sales licenses; prohibitions and requirements.

 

(a) No package sales licensee, nor employee of the licensee, shall permit any person to consume alcoholic beverages upon the licensed premises, provided that the licensee may allow wine tasting on the licensed premises on the dates and at the times set forth in a state permit allowing the licensee to do so on the licensed premises and provided that the licensee display the state permit on the premises in the same manner required for other licenses and permits issued under this chapter.

 

(b) No package sales licensee, nor employee of the licensee, shall sell, dispense or give away any alcoholic beverages upon the licensed premises except in the original package.

 

(c) No malt liquor or nonintoxicating beer package sales licensee, nor employee of the licensee, shall possess or permit alcoholic beverages, other than those allowed for sale by the license, upon the licensed premises.

 

(d) A package sales licensee whose place of business remains open on days or during the hours when the sale of alcoholic beverages is prohibited by section 10-363 shall, during such times as sale is prohibited, segregate alcoholic beverages in a storage space inaccessible to the public, or cover or enclose alcoholic beverages by means of a slip cover constructed from substantial material and secured in a manner whereby the public shall not have access.

 

(e) No package sales licensee, nor employee of the licensee, shall sell or give away any drug, medicine or controlled substance to any person, provided that nothing in this section shall prohibit the licensee, any of its employees or any other person from possessing or using a drug, medicine or controlled substance in a lawful manner, provided that this shall not apply to a licensee lawfully doing business as a pharmacy duly licensed under state or federal law or a licensee with an average of 80 percent or more of its total gross receipts from nonalcohol and nondrug sales.

 

Sec. 10-368. Prohibited acts by customers or other persons upon the licensed premises.

 

(a) No customer or other person shall bring any alcoholic beverage upon the licensed premises of any licensee, except as otherwise authorized by this chapter. This subsection shall not be construed to prohibit any of the acts described in section 10-365 (a) and (b) in any private guest or dining room of a licensed hotel, motel or club.

 

(b) No customer or other person shall perform a dance of any kind upon the bar, tables or any other place used for serving food or beverages.

 

(c) No customer or other person shall remove from the licensed premises of a sales-by-drink licensee any alcoholic beverage provided for consumption on the premises.

 

(d) No customer or other person shall consume any alcoholic beverage upon the premises licensed for package sales, unless the premises are licensed for sales-by-drink.

 

Sec. 10-369. Employment of and sales by minors.

 

(a) Prohibition. No retail licensee, nor employee of the licensee, shall permit any person under the age of 21 years to sell or assist in the sale of alcoholic beverages upon the licensed premises, except under the conditions set forth in subsections (b) and (c) of this section.

 

(b) Exceptions.

 

(1) Sales-by-drink and C.O.L. licenses without substantial quantities of food. 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 sell, assist in the sale, dispense, serve or deliver alcoholic beverages to any person.

 

(2) Sales-by-drink and C.O.L. licenses which sell substantial quantities of food. 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 such persons do not sell, assist in the sale, dispense, serve or deliver alcoholic beverages to any person.

 

(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 work on the premises 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 permit issued under 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 the age of 21 years.

 

(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 made 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 the age of 21 years.

 

(c) Permit requirement. Each employee under the age of 21 years, as set forth in subsection (b) of this section, must obtain and hold an employee permit as provided by section 10-271.

 

Sec. 10-370. Orders or sales off licensed premises.

 

(a) No retail licensee, nor employee of the licensee, shall sell alcoholic beverages in any place other than that designated on or otherwise authorized by the license.

 

(b) No retail licensee, nor employee of the licensee, shall take any order off the licensed premises for the sale of alcoholic beverages at retail even though the orders are filled and delivery thereof made on the licensed premises.

 

(c) Exceptions.

 

(1) Nothing in this provision shall be construed to prevent any hotel, motel or club from serving any alcoholic beverage to any guest in any private guest room, if the alcoholic beverage is served from a licensed premises within the hotel, motel or club, or from selling alcoholic beverages in a private guest room from a controlled access liquor cabinet system.

 

(2) Nothing in this provision shall be construed so as to prevent a licensee who has been issued a temporary catering permit under the provisions of this chapter from furnishing alcoholic beverages and services at a location other than the licensed premises, pursuant to the permit.

 

(3) Nothing in this provision shall be construed so as to prevent a retail licensee from delivering alcoholic beverages in the original package or container to a location off or outside of the licensed premises, if:

 

a. The delivery is received by a person to whom alcoholic beverages may be sold, as provided by section 10-368(a);

 

b. If the alcoholic beverages are ordered and paid for, in person, on the licensed premises;

 

c. The delivery is made during the hours and days of sale allowed for the licensee, as provided by section 10-363; and

 

d. The licensee has filed a written request with the director and received prior written permission from the commissioner.

 

Sec. 10-371. Contents of bottles, cans, containers; prima facie evidence.

 

(a) No retail licensee shall possess, give away or sell, upon the licensed premises, any alcoholic beverage that is not contained in or originally poured from any bottle or other container unless there is a manufacturer's label showing the alcoholic beverage or alcoholic content on the bottle or container.

 

(b) No retail licensee may bottle any alcoholic beverage from any barrel or other container nor may he refill or add any substance to the contents of any alcoholic beverage bottle from any barrel or other container, unless the licensee holds and is acting under the provisions of a microbrewery license.

 

(c) It shall be prima facie evidence, for purposes of this chapter, that any container on which the manufacturer's label sets forth an alcoholic beverage, or an alcoholic content, and on which the original seal is not broken, shall contain the alcoholic beverage or the alcoholic content set forth on the manufacturer's label.

 

Sec. 10-372. Sales-by-drink premises; minors.

 

(a) No sales-by-drink licensee, nor employee of the licensee, shall permit a person under the age of 21 years to enter or remain upon the licensed premises, except as provided by subsection (b) of this section.

 

(b) The provisions of this section shall not apply to:

 

(1) A sales-by-drink licensed premises which qualifies as a restaurant-bar as defined by section 10-1; or

 

(2) The employment of minors by a sales-by-drink licensee as permitted by section 10-369(b)(1); or

 

(3) A person providing or assisting in providing entertainment upon the licensed premises; or

 

(4) A person accompanied by parent or lawful guardian.

 

(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. Nothing contained in this subsection shall authorize a licensee to operate a sales-by-drink premises contrary to the other provisions of this chapter.

 

Sec. 10-373. Wholesalers sales and deliveries to retail alcoholic beverage licensees. No wholesaler licensed under this chapter, nor employee of the licensee, shall sell to any person in the city or deliver alcoholic beverages of any kind to any premises in the city unless there is displayed prominently in the premises a city alcoholic beverage license for the current license year.

Secs. 10-374 ‑‑ 10-400. Reserved.

 

ARTICLE VI. MINORS*

 

Sec. 10-401. Purchase or possession by minors.

 

It shall be unlawful for any person under the age of 21 years to purchase alcoholic beverages. No person under the age of 21 years shall have in his possession, either on his person or in a vehicle in which he is riding or sitting, any alcoholic beverages, except when the minor shall be accompanied by parent or lawful guardian.

 

Sec. 10-402. Entrance on licensed premises.

No person under the age of 21 years shall enter or remain on the licensed premises of any sales-by-drink license issued under this chapter, except as otherwise provided by section 10-369 and 10-372.

 

Sec. 10-403. Employment of minors.

 

Pursuant to RSMo 311.300, 11 CFR 70-2.140 and section 10-362(c), licensees approved by the state supervisor of liquor control may employ minors under the following conditions:

 

(1) Section 10-122 or 10-123 sales-by-drink and section 10-130 C.O.L. licensees. Persons 18 through 20 years of age may be employed by sales-by-drink or C.O.L. licensees to work on the premises if they do not sell, assist in the sale of, dispense, serve or deliver alcoholic beverages to any person.

 

(2) Section 10-122 or 10-123 sales-by-drink and section 10-130 C.O.L. restaurant-bar licensees.

 

a. Persons 18 through 20 years of age may be employed by sales-by-drink or C.O.L. licensees whose premises qualify as a restaurant-bar as defined in section 10-1, to work on the premises as waiters or waitresses. Minors so employed may serve and accept payment for alcoholic beverages, but may not mix or serve alcoholic beverages across the bar.

 

b. Persons 16 and 17 years of age may be employed by sales-by-drink or C.O.L. restaurant-bar licensees to work on the premises if they do not sell, assist in the sale of, dispense, serve or deliver alcoholic beverages to any person. Licensees employing persons 16 or 17 years of age under this subsection shall, prior to employing the minor, require his or her parents or legal guardian to give their written consent to the employment, in a manner and form approved by the director. In addition to placing the minor's name in the register of employees, the consent and proof of the minor's age shall be maintained on file by the licensee and shall be available for inspection, at any time, by the commissioner, director or their agents or the police department during the minor's term of employment. An authentic birth certificate, hospital birth record, religious record or public school record shall be adequate proof of the minor's age. In an emergency, a minor may be employed, without the required consent, for a period not to exceed 48 hours. Minors employed under the terms of this subsection are not required to obtain employee permits under section 10-271.

 

(3) Sections 10-132, 10-133 and 10-134 original package sales licensees without 50 percent gross sales of other merchandise. Persons 18 through 20 years of age may be employed by original package licensees without 50 percent gross sales of other merchandise to work on the premises 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 permit issued under this chapter, upon the licensed premises during all hours of operation. Minors employed under this subsection may not deliver alcoholic beverages away from the licensed premises.

 

(4) Sections 10-132, 10-133 and 10-134, original package sales licensees with 50 percent of gross sales other merchandise. Persons 18 through 20 years of age may be employed by original package sales licensees to work on the premises 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 if at least 50 percent of the gross sales made consists of goods, merchandise or commodities other than alcoholic beverages. Minors employed under this subsection may not deliver alcoholic beverages away from the licensed premises.

 

Sec. 10-404. Misrepresentation of age for purpose of obtaining alcoholic beverages.

 

It shall be unlawful for any person under the age of 21 years to misrepresent his age or make a false statement willfully about his age to anyone for the purpose of purchasing or in any way obtaining alcoholic beverages. Any person between 17 and 21 years of age violating the provisions of this section shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be punished by a fine of not less than $100.00 or by imprisonment in the municipal correctional institution for a term of not less than 30 days and not more than six months, or by both fine and imprisonment.

 

Sec. 10-405. Acquisition for minors.

 

It shall be unlawful for any person to obtain, convey, make available or deposit alcoholic beverages in any place where the person knows, or by the exercise of reasonable care should know, that a person under the age of 21 years is likely to come into possession of the alcoholic beverages. It shall be unlawful for any person, other than parents or legal guardians of a person under 21 years of age or persons supplying alcoholic beverages for medical purposes only or duly licensed physicians, to purchase or in any way obtain alcoholic beverages for any person under the age of 21 years. Any person violating the provisions of this section shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be punished by a fine of not less than $100.00 or by imprisonment in the municipal correctional institution for a term of not less than 30 days and not more than six months, or by both fine and imprisonment.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney