TITLE VI. BUSINESS AND OCCUPATION
CHAPTER 600: ALCOHOLIC BEVERAGES
SECTION 600.005: PURPOSE
SECTION 600.005: PURPOSE
Alcohol is, by law, an age-restricted product that is regulated differently than other products. The provisions of this Chapter establish vital regulation of the sale and distribution of alcoholic beverages in order to promote responsible consumption, combat illegal underage drinking, and achieve other important policy goals such as maintaining an orderly marketplace composed of licensed alcohol producers, importers, distributors, and retailers.
SECTION 600.010: DEFINITIONS
When used in this Chapter, the following words shall have the following meanings:
CLOSED PLACE: A place where all doors are locked and where no patrons are in the place or about the premises.
INTOXICATING LIQUOR: Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) by volume. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter.
LIGHT WINES: An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.
MALT LIQUOR: An intoxicating liquor containing alcohol not in excess of five percent (5%) by weight manufactured from pure hops or pure extract of hops, or pure barley malt, or wholesome grains or cereals, and wholesome yeast, and pure water.
ORIGINAL PACKAGE: Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit and consisting of one (1) or more bottles or other containers of intoxicating liquor, where the package and/or container(s) describes the contents thereof as intoxicating liquor. “Original package” shall also be construed and held to refer to any package containing three (3) or more standard bottles of beer.
PERSON: An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal court.
RESORT: Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment’s annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
SECTION 600.020: LICENSE REQUIRED- CLASSES OF LICENSES
A. No person shall sell or offer for sale intoxicating liquor in the City of Goodman without a currently valid liquor license issued by the City. A separate liquor license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage as set forth herein. The sale of alcoholic beverage by the drink, including intoxicating and non-intoxicating beer, malt liquor or wine, is hereby prohibited.
B. General Licenses. Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor:
1. Package liquor)malt liquor only: Sales of malt liquor at retail in the original package not for consumption on the premises where sold.
2. Package liquor)all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.
3. Liquor by the drink)malt liquor/light wine only (resort only): Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (4) of this Section.
4. Malt liquor by the drink (resort only): Sales of malt liquor at retail by the drink for consumption on the premises. This license may include Sunday sales from 9:00 A.M. to Midnight.
5. Liquor by the drink)all kinds (resort only): Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section.
C. Sunday Sales. Except for any establishment that may apply for a license under Section 311.089, RSMo., any person possessing the qualifications and meeting the requirements of this Chapter, who is licensed to sell intoxicating liquor at retail may apply to the City for a special license to sell intoxicating liquor at retail between the hours of 9:00 A.M. and Midnight on Sundays.
1. Tasting permit)retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
2. Tasting permit)winery, distiller, manufacturer, etc.
a. Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(2), a “sales transaction” shall mean an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.
b. Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide, furnish, or pour distilled spirits, wine, or malt beverage samples for customer tasting purposes on any temporary licensed retail premises as described in Sections 311.218, 311.482, 311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization’s licensed premises as described in Section 311.090, RSMo.
c. Any winery, distiller, etc., may provide or furnish distilled spirits, wine or malt beverage samples on a licensed retail premises )when.
(1) Notwithstanding any other provisions of this Chapter to the contrary, any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide or furnish distilled spirits, wine or malt beverage samples on a licensed retail premises for customer tasting purposes so long as the winery, distiller, manufacturer, wholesaler, or brewer or designated employee has permission from the person holding the retail license. The retail licensed premises where such product tasting is provided shall maintain a special permit in accordance with Section 311.294, RSMo., or hold a by the drink for consumption on the premises where sold retail license. No money or anything of value shall be given to the retailers for the privilege or opportunity of conducting the on-the-premises product tasting.
(2) Distilled spirits, wine, or malt beverage samples may be dispensed by an employee of the retailer, winery, distiller, manufacturer or brewer or by a sampling retained by the retailer, winery, distiller, manufacturer or brewer. All sampling service employees that provide and pour intoxicating liquor samples on a licensed retail premises shall be required to complete a server training program approved by the Division of Alcohol and Tobacco Control.
(3) Any distilled spirits, wine, or malt beverage sample provided by the retailer, winery, distiller, manufacturer, wholesaler, or brewer remaining after the tasting shall be returned to the retailer, winery, distiller, manufacturer, wholesaler, or brewer.
SECTION 600.030: LICENSE REGULATIONS
A. Package Sales, Limitations. No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses: a drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his/her store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this Chapter or law.
C. Temporary Permit For Sale By Drink)Certain Organizations.
1. Notwithstanding any other provision of this Chapter, a permit for the sale of all kinds of intoxicating liquor, including intoxicating liquor in the original package, at retail by the drink for consumption on the premises of the licensee may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such intoxicating liquor at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such club or organization.
2. If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor on that day beginning at 1:00 P.M.
3. At the same time that an applicant applies for a permit under the provisions of this Subsection, the applicant shall notify the Director of Revenue of the holding of the event by certified mail and by such notification shall accept responsibility for the collection and payment of any applicable sales tax.
4. No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the permit holder at such picnic, bazaar, fair or similar gathering.
D. Operating Hours, Days.
1. No person having a license issued pursuant to this Chapter nor any employee of such person shall sell, give away or permit the consumption of any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday upon or about his/her premises, except as otherwise authorized and licensed for Sunday sales. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times.
2. When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as “Super Bowl Sunday”, any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of this Chapter to the contrary.
E. Number Of Licenses Limited.
1. No license for the sale at retail of any and all kinds of intoxicating liquor, five percent (5%) beer or non-intoxicating liquor in the original package shall be granted or issued when the granting thereof shall increase the number of such licenses outstanding and in force at that time to more than one (1) for each one thousand (1,000) inhabitants, or fraction thereof, residing within the City as shown by the last decennial census of the United States.
2. Determining the number of licenses allowed. For purposes of determining the number of licenses allowed by this Section, the issuance of licenses shall be counted as follows:
a. The issuance of a license as provided in Section 600.020(B)(2) of this Chapter (Package liquor )all kinds) shall be counted as being commensurate with the issuance of one (1) license for every subcategory of package liquor provided in Sections 600.020(B)(1).
b. The issuance of a license as provided in Section 600.020(B)(5) of this Chapter (Liquor by the drink (all kinds) shall be counted as being commensurate with the issuance of one (1)license for every subcategory of liquor by the drink provided in Sections 600.020(B)(3) and (B)(4).
F. General License Regulations.
1. Each license issued hereunder shall be conspicuously posted on the premises for which the license has been issued.
2. A separate license shall be required for each place of business. Every license issued under the provisions of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
3. No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this Chapter, may make application and the Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased. Whenever one (1) or more members of a partnership withdraws from the partnership, the Clerk, upon being requested, shall permit the remaining partner or partners originally licensed to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license.
4. In the event any licensee desires to change the location of his/her place of business in the City, it shall be necessary for him/her to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location, shall be issued immediately upon the approval of the application by the Board. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this Section.
G. Reserved. (Ord. No. 1984-203 §4, 3-6-84)
SECTION 600.035: SALES OF LIQUOR PROHIBITED NEAR SCHOOLS AND CHURCHES
A. No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within three hundred (300) feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing of the Board of Alderman, except that when a school, church or place of worship shall hereafter be established within three hundred (300) feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten (10) days’ written notice has been provided to all owners of property within three hundred (300) feet of the proposed licensed premises.
B. Subsection (A) of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes.
C. Subsection (A) of this Section shall not apply to any premises holding a license issued before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
SECTION 600.040: SCHEDULE OF LICENSE FEES
The following categories and subcategories of licenses shall be issued upon compliance with the provisions of this Chapter and payment of the license fee indicated:
1. General licenses.
a. Malt liquor- original package . . . . . . . . . . . . . . . . . . . . . . $ 75.00
b. Intoxicating liquor (all kinds) )original package . . . . . .. 150.00
c. Malt liquor -by drink (resort only) . . . . . . . . . . . . . . . . . . . …75.00
d. Malt liquor and light wines )by drink (resort only . . . . …. . 75.00
e. Intoxicating liquor (all kinds)-by drink (resort only) ….. . 450.00
2. Sunday sales. (Additional fees)
a. Intoxicating liquor at retail . . . . . . . . . . . . . . . . . . . . . . . . . 300.00
a. Temporary permit -by the drink for certain organizations (7 days max.) 37.50
b. Tasting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50
c. Caterers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 per each calendar day Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).
SECTION 600.045: TEMPORARY LOCATION FOR LIQUOR BY THE DRINK, CATERERS- PERMIT- FEE REQUIRED
A. The City may issue a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter who furnish provisions and service for use at a particular function, occasion or event at a particular location other than the licensed premises, but not including a “festival” as defined in Chapter 316, RSMo. The temporary permit shall be effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, and shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on-premises consumption. For every permit issued pursuant to the provisions of this Section, the permittee shall pay to the City an amount as set out in Section 600.040(3)(c) above, or fraction thereof, for which the permit is issued.
B. Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. This temporary permit shall allow the sale of intoxicating liquor in the original package.
C. Notwithstanding any other law to the contrary, any caterer who possesses a valid State and valid local liquor license may deliver alcoholic beverages, in the course of his/her catering business. A caterer who possesses a valid State and valid local liquor license need not obtain a separate license for each City the caterer delivers in, so long as such City permits any caterer to deliver alcoholic beverages within the City.
D. To assure and control product quality, wholesalers may, but shall not be required to, give a retailer credit for intoxicating liquor with an alcohol content of less than five percent (5%) by weight delivered and invoiced under the catering permit number, but not used, if the wholesaler removes the product within seventy-two (72) hours of the expiration of the catering permit issued pursuant to this Section.
SECTION 600.050: APPLICATION FOR LICENSE AND RENEWAL
A. Filing Of An Application.
1. Each application for an original or renewal license shall be filed with the City Clerk on a form to be provided by the City, signed and sworn to by the applicant. Each application shall be accompanied by a proper remittance reflecting the appropriate license fee made payable to the City. Such applications shall then be submitted to the Board of Aldermen at a regular meeting and the Board shall thereupon ascertain and find if the applicant meets the qualification requirements of this Section.
2. Partnerships and corporations. Corporations which apply for a license under this Article shall make application on the form prescribed by the Board of Aldermen, which form shall be subscribed and sworn to in person by such corporation. Applications for partnerships to obtain a license under the provisions of this Article may be made by one (1) or more partners. Any application made by any corporation or by any partnership shall contain the names of all persons interested in such corporation or partnership. The president or other chief officer of any corporation and the partners making application for license under the provisions of this Article shall possess all of the qualifications and meet with all the requirements of this Article before any license shall be issued upon such application.
B. Qualifications. Neither the applicant nor any officer, director or shareholder of a corporate applicant shall have been convicted of a felony or of any distribution, sale or possession of any controlled substances or dangerous drugs. The applicant shall present with the application a bona fide sale contract or option duly executed, which may be subject to the applicant obtaining a liquor license, or a bona fide lease duly executed by the lessor, or an option for a lease duly executed, subject to the applicant obtaining a liquor license, covering the property for which a liquor license is requested. If the applicant is a corporation, the petition shall set forth all of the above information with respect to the managing officer or officers, identifying such officer or officers. The application shall further state the full name of the corporation, its date of incorporation, its registered agent and registered address, the names and addresses of all shareholders of the corporation, and whether said corporation operates any other business or controls or is controlled by any other corporation or business and, if so, the application shall further state the name of such controlled or controlling corporation or business, its registered agent and registered address, and the location of all businesses operated by it and the name and address of any such businesses with a liquor license, whether within or without the City; and the application shall also state if such controlling corporation or any controlled corporation is doing business under a fictitious name, and the address where said business is located. The Board of Aldermen also may request such additional information of an applicant as it may deem necessary for it to make a determination with respect to the issuance of a liquor license.
C. Hearing On Application. Upon the filing of the application with the Clerk, the Clerk shall fix a date for a hearing before the Board not more than thirty-one (31) days from the date of filing of the application and shall give the applicant written notice of the date of the hearing. The hearing shall be conducted in accordance with Seciton 600.090 of this Chapter.
1. The Board shall approve the application if after the hearing it finds that: a. Issuance of the requested license would be in the best interests of the locality of the proposed business;
b. The applicant is a person of good moral character, a native born or naturalized citizen of the United States of America, a registered voter and a taxpaying citizen of the City;
c. No license theretofore issued to such applicant to sell intoxicating liquors has been revoked within two (2) years of the date of the application;
d. The applicant has not been convicted since the ratification of the Twenty-First Amendment to the Constitution of the United States of the violation of any law applicable to the sale of intoxicating liquor, or that such applicant has not employed in his/her business any person whose license has been revoked or who has been convicted of violating the provisions of such law since the date aforesaid;
e. The applicant plans and proposes to conduct a retail liquor business in compliance with the laws of the State of Missouri, the ordinances of the City and the provisions of this Chapter.
D. Upon approval of any application for a license, the Clerk shall grant the applicant a license to conduct business in the City for a term to expire with the thirtieth (30th) day of June next succeeding the date of such license, unless such license be revoked or suspended for cause before the expiration of such time.
E. Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. Such renewal application shall be reviewed by the Board at its next meeting. Upon approval of the majority of the Board and payment of the license fee provided herein, the Clerk shall renew the license. In the event that any person residing or conducting businesses within two hundred (200) feet of the applicant’s place of business shall file a written protest against the renewal of such license, the Board shall conduct a hearing on the application for license renewal as provided in Subsection (D) of this Section.
F. Cancellation For Failure To Renew. If the holder of a license issued under this Chapter for the sale of any alcoholic beverage shall fail to renew such license and pay the license fee therefor within ten (10) days after such license is due and payable, such license shall be cancelled by the City. (Ord. No. 1984-203 §§1)2, 6, 9, 3-6-84)
SECTION 600.060: MINORS
A. Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, When.
1. Except as otherwise provided in this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
2. In any place of business licensed in accordance with this Chapter, persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for, and sack for carry-out intoxicating liquor. Delivery of intoxicating liquor away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this Subsection, shall, when at least fifty percent (50%) of the licensee’s gross sales does not consist of non-alcoholic sales, have an employee twenty-one (21) years of age or older on the licensed premises during all hours of operation.
3. In any distillery, warehouse, wholesale distributorship or similar place of business which stores or distributes intoxicating liquor but which does not sell intoxicating liquor at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail. Any wholesaler licensed pursuant to this Chapter may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor.
4. Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor in places of business which sell food for consumption on the premises if at least fifty percent (50%) of all sales in those places consists of food; provided that nothing in this Section shall authorize persons under twenty-one (21) years of age to mix or serve across the bar intoxicating beverages.
B. Sales To Minor)Exceptions.
1. No licensee, his/her employee, or any other person shall procure for, sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, except that this Section shall not apply to the parent or guardian of the minor nor to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only or to the administering of such intoxicating liquor to such person by a duly licensed physician. No person shall be denied a license or renewal of a license issued under this Chapter solely due to a conviction for unlawful sale or supply to a minor while serving in the capacity as an employee of a licensed establishment.
2. Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one(21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his/her parent or guardian, is guilty of an ordinance violation.
3. It shall be a defense to prosecution under this Subsection if:a. The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof;
b. The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
c. To purchase the intoxicating liquor, the person exhibited to the defendant a driver’s license, Missouri non-driver’s identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.
C. Misrepresentation Of Age By Minor To Obtain Liquor)Use Of Altered Driver’s License,
Passport Or I.D. Cards, Penalties.
1. No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.
2. In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur’s license, motor vehicle operator’s license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.
D. Minors In Possession Of Intoxicating Liquor.
1. No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person’s blood.
2. The provisions of this Subsection shall not apply to a student who:
a. Is eighteen (18) years of age or older;
b. Is enrolled in an accredited college or university and is a student in a culinary course;
c. Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
d. Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university. The beverage must at all times remain in the possession and control of any authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection, may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the beverage is delivered as part of the student’s required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
3. Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to have given consent to a chemical test or tests of the person’s breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person’s blood. The implied consent to submit to the chemical tests listed in this Subsection shall be limited to not more than two (2) such tests arising from the same arrest, incident, or charge. Chemical analysis of the person’s breath, blood, saliva, or urine shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose. The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer. Upon the request of the person who is tested, full information concerning the test shall be made available to such person. “Full information” is limited to the following:
a. The type of test administered and the procedures followed;
b. The time of the collection of the blood or breath sample or urine analyzed;
c. The numerical results of the test indicating the alcohol content of the blood and breath and urine;
d. The type and status of any permit which was held by the person who performed the test;
e. If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument. “Full information” does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, “full information” oes not include information in the possession of the manufacturer of the test instrument.
SECTION 600.065: BURDEN OF PROOF ON VIOLATOR CONCERNING
For purposes of determining violations and prosecution under this Chapter, or any rule or regulation of the Supervisor of Alcohol and Tobacco Control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was no intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
SECTION 600.070: MISCELLANEOUS OFFENSES
A. Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler. It shall be unlawful for any licensee to purchase any intoxicating liquor except from, by or through a duly licensed wholesale liquor dealer in this State. It shall be unlawful for such retail liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of the provisions of this Section.
B. Any retailer licensed pursuant to this Chapter shall not:
1. Sell intoxicating liquor with an alcohol content of less than five percent (5%) by weight to The consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or
2. Repackage intoxicating liquor with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
C. Mixing Liquor With Drugs Prohibited. No licensee or any other person shall for any purpose whatsoever mix or permit or cause to be mixed with any intoxicating liquor kept for sale, sold or supplied by him/her as a beverage any drug or form of methyl alcohol or impure form of alcohol.
D. Unlawful To Sell Unlabeled Liquor)Penalty. It shall be unlawful for any person to sell any intoxicating liquor which has not been inspected and labeled according to the provisions of the Liquor Control Law of Missouri, and any such person upon conviction shall have his/her license revoked and shall be ineligible to receive any subsequent liquor license for a period of two (2) years thereafter.
E. Only Those Liquors Authorized By License To Be Kept On Premises.
1. It shall be unlawful for any licensee licensed for the sale of intoxicating liquor at retail by the drink for consumption on the premises to keep in or upon the premises described in such license any intoxicating liquor other than the kind of liquor expressly authorized to be sold by such licensee.
2. Any retailer licensed pursuant to this Chapter shall not:
a. Sell intoxicating liquor with an alcohol content of less than five percent (5%) by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart or cut apart; or
b. Repackage intoxicating liquor with an alcohol content of less than five percent (5%) by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
F. Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor. It shall be unlawful for any licensee or his/her employee or agent to sell or supply intoxicating liquor, or permit such to be sold or supplied, to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor.
G. Drinking In Public Places Prohibited.
1. For purposes of this Section, the term “public place” shall mean any public street, highway, alley, sidewalk, thoroughfare or other public way of the City, or any parking lot.
2. No person shall drink or ingest any intoxicating liquor in or on any public place.
3. No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while in or upon any public place.
4. No person shall possess or have under his/her control any unsealed glass, bottle, can or other open container of any type containing any intoxicating liquor while within or on any motor vehicle while the same is being operated upon, or parked or standing in or upon, any public place. Any person operating a motor vehicle shall be deemed to be in possession of an open container contained within the motor vehicle he/she has control of whether or not he/she has actual physical possession of the open container.
H. Live Entertainment On Premises Prohibited. No person licensed for the sale of intoxicating liquor by the drink for consumption on the premises shall permit or allow any live ntertainment on the premises. The playing and singing of music solely shall not be considered entertainment under this Section.
SECTION 600.080: ADMINISTRATION OF LAW)LICENSE SUSPENSION
A. Suspension Or Revocation Of License)When)Manner. The Board may suspend or revoke the license of any person for cause shown. In such cases the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10) days’ written notice specifying grounds for the suspension or revocation thereof to the licensee of the grounds upon which the license is sought to be revoked or suspended and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. mail or by posting on the licensed premises. The hearing shall be conducted in accordance with Section 600.090 of this Chapter.
B. Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of the following reasons:
1. Violating any of the provisions of either this Chapter, Chapter 311, RSMo., or any ordinance of the City;
2. Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco Control;
3. Making a false affidavit in an application for a license under this Chapter;
4. Failing to keep an orderly place or house;
5. Selling, offering for sale, possessing or knowingly permitting the consumption on the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption of which is not authorized under the license;
6. Selling, offering for sale, possessing or knowingly permitting the consumption of any intoxicating liquor which has not been inspected and labeled according to the laws of the State of Missouri; or
7. Selling, giving or otherwise supplying intoxicating liquor to:
a. Any person under the age of twenty-one (21) years,
b. Any person during unauthorized hours on the licensed premises,
c. A habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor, or
d. Any person on the licensed premises during a term of suspension as ordered by the Board.
C. Automatic Revocation/Suspension. A license shall be revoked automatically if the licensee’s State liquor license is revoked or if the licensee is convicted in any court of any violation of Chapter 311, RSMo., or of any felony violation of Chapter 195, RSMo., in the course of business. A license shall be suspended automatically if the licensee’s State liquor license is suspended, and the suspension shall be for a term not less than that imposed by the State.
D. Effect Of Suspension. No person whose license shall have been suspended by order of the Board shall sell or give away any intoxicating liquor during the time such suspension is in effect. Any licensee desiring to keep premises open for the sale of food or merchandise during the period of suspension shall display the Board’s order of suspension in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
SECTION 600.090: HEARINGS UPON SUSPENSION OR REVOCATION OF LICENSES
A. Testimony)Evidence. Hearings before the Board shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded. Any person residing or conducting a business within two hundred (200) feet of the proposed establishment shall have the right to produce witnesses and testimony.
B. Witnesses)How Summoned. Subpoenas may be issued by the Board for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Board also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
D. Decision)Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E. Appeal. Any applicant or licensee aggrieved by a decision of the Board may appeal such decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is filed within ten (10) days of the date of the Board’s decision. The Board may delay the implementation of its order pending appeal.
SECTION 600.100: WARNING SIGN DISPLAYED)LIQUOR LICENSES
A. Any person who is licensed to sell or serve alcoholic beverages at any establishment shall place on the premises of such establishment a warning sign as described in this Section. Such sign shall be at least eleven (11) inches by fourteen (14) inches and shall read “WARNING: Drinking alcoholic beverages during pregnancy may cause birth defects”. The licensee shall display such sign in a conspicuous place on the licensed premises.
B. Any employee of the Supervisor of Alcohol and Tobacco Control may report a violation of this Section to the Supervisor, and the Supervisor shall issue a warning to the licensee of the violation.
CHAPTER 605: BUSINESS REGULATIONS
Cross Reference)As to contractor’s license, §500.130 et seq.
SECTION 605.010: LICENSE REQUIRED
It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the City of Goodman without having first applied for and obtained a license to conduct such business or occupation from the City Clerk and without paying the license fee therefor, all as provided for in this Chapter.
SECTION 605.020: LICENSE APPLICATION AND ISSUANCE
A. All applications for the licenses required herein shall be made to the City Clerk on appropriate forms provided for that purpose by the City. All licenses issued by the City Clerk shall be in such form as is provided by the Board of Aldermen; provided however, that such license shall bear the signature of the Mayor of the Board of Aldermen and the City Clerk, the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Aldermen.
B. Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a City business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
SECTION 605.030: LICENSE FEES
There is hereby levied and imposed the following merchants or business tax upon the merchants and business house within the City of Goodman.
1. Fifty dollars ($50.00) per year on all places of business selling beer or intoxicating liquor by the drink.
2. Twenty-five dollars ($25.00) per year on all package liquor stores.
3. Ten dollars ($10.00) per year on all pool, billiard or recreation halls.
4. Five dollars ($5.00) per year for any other businesses operating within the City of Goodman.
5. Five dollars ($5.00) per day for any itinerant peddler doing business within the City of Goodman exempting therefrom any farmer selling his/her own produce. (Ord. No. I Art. XXI, 11-6-56; Ord. No. 180 §1, 12-2-80)
SECTION 605.040: LICENSE NOT TRANSFERABLE
No license issued under the provisions of this Chapter shall be assignable or transferable but shall apply only to the person to whom same is issued. In the event any licensee, as provided for herein, shall move his/her place of business from one location to another location within the City, said licensee shall submit a statement of the fact of such change to the City Clerk who may transfer such license as to location only. In no event, however, shall such license be transferred from one person to another or from the kind of business or occupation originally licensed to another type of business or occupation.
SECTION 605.050: TERM OF LICENSE
The term of the licenses issued pursuant to the provisions of this Chapter shall be from January first (1st) of one year to December thirty-first (31st) of the same year.
SECTION 605.060: RENEWAL APPLICATIONS
All applications for renewal of a license provided for herein shall be filed no later than January first (1st) of each year.
SECTION 605.070: DISPLAY OF LICENSE
Each license issued by the City under the provisions of this Chapter shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by said license. If there is no place of business, said license shall be carried on the licensee’s person.
SECTION 605.080: PERSONS NOT TO BE CHARGED FOR BUSINESS LICENSE
A. No person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and after December 31, 2003, no investment funds service corporation as defined in Section 143.451, RSMo., may be required to pay any such license fee in excess of twenty-five thousand dollars ($25,000.00) annually, any law, ordinance or Charter to the contrary notwithstanding.
B. No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his/her profession unless that person maintains a business office within the City of Goodman.
SECTION 605.090: REVOCATION OF LICENSE)GROUNDS
Any license issued by the City pursuant to the provisions of this Chapter may be revoked by the Board of Aldermen for any of the following reasons, as well as for any other reasons specified in this Chapter:1. Any failure to comply with or any violation of any provisions of this Chapter, or any other ordinance of the City regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee.
2. Violation of the terms and conditions upon which the license was issued.
3. Failure of the licensee to pay any tax or obligation due to the City.
4. Any misrepresentation or false statement in the application for a license required herein.
5. Failure to display the license required herein.
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
SECTION 605.100: REVOCATION OF LICENSE-PROCEDURE
In any case in which a complaint has been made to the Board of Aldermen, or in which the Board of Aldermen have on their own determined that cause may exist for the revocation of a license under the provisions of this Chapter, the following procedures shall be followed:
1. The Board of Aldermen shall set a date for a hearing to consider the question of revocation.
2. At least ten (10) days prior to said hearing, written notice shall be mailed to the licensee, by registered mail, return receipt requested, to his/her last known address as shown in the records of the City Clerk advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
3. During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
4. At the hearing set by the Board of Aldermen, the Board of Aldermen shall hear all relevant and material evidence justifying the retention of the license.
5. The licensee may be present in person and/or by his/her attorney and may present evidence.
6. After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.
7. The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.
SECTION 605.110: VIOLATION AND PENALTY-DELINQUENCY
A. All license fees not paid to the City by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
B. In case of failure to apply for any license fee required by this Chapter on or before the date prescribed therefor, determined with regard to any extension of time for making an application, unless it is shown that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the amount required to be shown as tax on such return five percent (5%) of the amount of such tax if the failure is not for more than one (1) month, with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate.
C. In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, that such failure is due to reasonable cause and not the result of willful neglect,evasion or fraudulent intent, there shall be added to the tax an amount equal to five percent (5%) of the deficiency. The City shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the City assesses a penalty under this Subsection.
CHAPTER 610: POOL HALLS AND BILLIARD PARLORS
SECTION 610.010: DEFINITIONS
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.
CITY: The City of Goodman, Missouri.
LICENSEE: A person having a City license in full force and effect issued hereunder for a pool hall or billiard parlor.
POOL HALLS AND BILLIARD PARLORS: Any premises open to the public wherein there are located for play billiard tables and all similar tables upon which balls or cues are used. (Ord. No. 145 §1, 9-17-74)
SECTION 610.020: LICENSE REQUIRED
It shall be unlawful for any person to operate a pool hall or billiard parlor or pool tables within the City without first having secured a license therefore, provided, that this Section shall not apply to any person having set up in his/her own private residence any one (1) of such tables for his/her own private use and for the use of his/her family. (Ord. No. 145 §2, 9-17-74)
SECTION 610.030: APPLICATION FOR LICENSE
The application for a license pursuant to this Chapter shall set out the name of the proposed operator and the premises to be occupied by the same. (Ord. No. 145 §3, 9-17-74)
SECTION 610.040: QUALIFICATIONS OF LICENSEE
No license pursuant to this Chapter shall be issued to any persons unless the applicant for such license shall be of good moral character. No person who has been convicted of a violation of the drug laws of this or any other State shall be eligible for a license. (Ord. No. 145 §4, 9-17-74)
SECTION 610.050: APPLICATION)INVESTIGATION)APPROVAL)ISSUANCE
The application for a license to operate a pool hall or billiard parlor shall be made to the City Collector who shall notify the City Marshall of the application. The City Marshall shall within a period of not more than ten (10) days make an investigation as to the provocations of the applicant as a licensee and shall report his/her findings to the Board of Aldermen. The City Collector shall have the power to issue licenses to operators of pool halls and billiard parlors when the application for such license shall have been approved by a majority of the members of the Board of Aldermen and when the requirements of this Chapter have been fulfilled. (Ord. No.145 §5, 9-17-74)
SECTION 610.060: LICENSE FEE)AMOUNT)WHEN PAYABLE)PRORATING) EXPIRATION DATE OF LICENSE
Operators of pool halls and billiard parlors shall pay a license fee to the City of Goodman at the rate of fifteen dollars ($15.00) per table for each table available for play in such pool hall or billiard parlor. Fees for all licenses pursuant to this Chapter issued by the City Collector shall be payable in advance. All such licenses shall expire on the thirtieth (30th) day of June of each year and regardless of what month they may have been issued in; provided, that any license issued after the thirty-first (31st) day of December shall expire as aforesaid, but the charge therefore shall be one-half (½) of the yearly license fee. (Ord. No. 145 §6, 9-17-74; Ord. No. 181 §6, 12-2-80 )
SECTION 610.070: TRANSFERABILITY
No license issued pursuant to this Chapter shall be transferable to another operator, nor shall it be valid if used by the same operator in a location other than that stated in the original application therefor. (Ord. No. 145 §7, 9-17-74)
SECTION 610.080: REVOCATION AND REINSTATEMENT
Upon the conviction of any person for the violation of this Chapter, such conviction shall automatically revoke any license such convicted person may have to operate within the City any pool hall or billiard parlor. When any license to operate a pool hall or billiard parlor has been revoked, the person desiring to have such license reinstated shall file with the City Collector an application stating why a new license should be issued to him/her. The City Collector, with the approval of the Board of Aldermen, shall reissue such license to operate a pool hall or billiard parlor within the City upon the payment of another license fee in the amount of seventy-five dollars ($75.00). (Ord. No. 145 §8, 9-17-74)
SECTION 610.090: OPERATING WITHOUT A LICENSE
Each day that any pool hall or billiard parlor regulated by this Chapter shall operate without having obtained a City license shall be deemed a separate and distinct offense under this Chapter. (Ord. No. 145 §9, 9-17-74)
SECTION 610.100: MINORS, CONSENT REQUIRED UNDER AGE SIXTEEN) ALCOHOLIC BEVERAGES SERVED ON PREMISES, MUST BE OVER TWENTY-ONE, VIOLATIONS, PENALTY)EXCEPTIONS
A. No licensed keeper of any table described in Section 318.010, RSMo., shall allow any person under the age of sixteen (16) years to play on any such table without first having obtained the permission of such person’s parent or guardian.
B. No licensed keeper of any table described in Section 318.010, RSMo., who serves alcoholic beverages or intoxicating wines and liquors in the establishment where the table is found shall allow any person under the age of twenty-one (21) years to play upon such table; provided however, that this Subsection shall not apply to establishments where such tables described in Section 318.010, RSMo., are separate from the location where alcoholic beverages are served.
C. Any person who violates this Section is guilty of an infraction for each violation.
SECTION 610.110: OPERATING ON SUNDAY OR AFTER MIDNIGHT
No pool hall or billiard parlor shall be operated on Sunday or any day at a later hour than 12:00 Midnight. (Ord. No. 145 §11, 9-17-74)
SECTION 610.120: DISPENSING AND ETC., ALCOHOLIC BEVERAGES
It shall be unlawful for the operator of any pool hall or billiard parlor to dispense, sell or give any intoxicating liquor, beer or any other alcoholic beverage or to allow the same to be consumed on the premises where such tables are operated. (Ord. No. 145 §12, 9-17-74)
SECTION 610.130: DISPENSING AND ETC., DRUGS AND CONTROLLEDSUBSTANCES
It shall be unlawful for the operator of any pool hall or billiard parlor to dispense, sell or give away any drugs or controlled substances as defined by Chapter 195, RSMo., or to allow the same to be consumed or used on the premises where such tables are operated. (Ord. No. 145 §13, 9-17-74)
SECTION 610.140: POSTING OF RULES PURSUANT TO CHAPTER
Rules for the operation of pool halls and billiard parlors as set out in this Chapter shall be posted at a conspicuous place in the room used for play in such establishment. (Ord. No. 145 §15, 9-17-74)
CHAPTER 615: BUSINESS SUPPLYING UTILITY SERVICES
ARTICLE I. LOCAL EXCHANGE TELEPHONE SERVICE
Editor’s Note)Ord. no. 2006-376 was passed in compliance with HB209 of the 2006 Missouri Legislative session. Provisions contained in HB209 were subsequently deemed unconstitutional by the Missouri Supreme Court on August 8, 2006 in City of Springfield, Appellant V Sprint Spectrum, L.P., Respondent Case No. SC87238. Consequently, ord. no. 2006-376 was not codified.
SECTION 615.010: ANNUAL LICENSE TAX) PERCENTAGE OF GROSS RECEIPTS
There is hereby levied against every person, firm or corporation engaged in the business of furnishing local exchange telephone service within the limits of the City of Goodman Missouri, an annual license tax in an amount equal to four percent (4%) of the gross receipts derived by such person, firm or corporation from the furnishing of such local exchange service within the limits of the City of Goodman. (Ord. No. 106 §1, 3-12-68)
SECTION 615.020: STATEMENT OF GROSS RECEIPTS)FILING)PAYMENT OF LICENSE TAX
All persons mentioned in Section 615.010 hereof shall file with the City Clerk on or before the first (1st) day of March of each calendar year a sworn statement as to the gross receipts derived by such person, firm or corporation from the furnishing of local exchange telephone service within the City of Goodman during the preceding calendar year. At the time of filing any such statement, the person, firm or corporation involved shall pay to the City Collector a sum equal to four percent (4%) of such gross receipts. Gross receipts derived from the furnishing of such telephone service to the City or any branch of the municipal government located in the City shall not be included in the foregoing statement, nor shall any tax be due on such portion of the gross receipts. In the event any amount be due by the City to such person, firm or corporation for telephone service rendered to the City at the date of the payment of the sum hereby assessed, the person, firm or corporation shall have the privilege of crediting the amount due it against the gross receipts tax levied by this Chapter. (Ord. No. 106 §2, 3-12-68)
SECTION 615.030: TAX NOT TO EXEMPT BUSINESS FROM CERTAIN OTHER TAXES
The payment required by the provisions of this Article shall be in lieu of all other excises, charges, rentals, license or occupation taxes heretofore imposed or which might be imposed by the City of Goodman upon any person engaged in the business described in Section 615.010 hereof but nothing contained in this Article shall be construed to exempt such person, firm or corporation from any general or special ad valorem tax imposed upon the public generally by the City. (Ord. No. 106 §3, 3-12-68)
ARTICLE II. ELECTRIC LIGHT AND POWER COMPANIES
SECTION 615.040: LICENSE AND OCCUPATION TAX
Every light and power company, their successors and assigns, generating, manufacturing, selling, distributing, transmitting, supplying and furnishing electricity, electric power, electric energy and electric service (“Licensee”) in the City of Goodman, Missouri, shall, for the privilege of doing business and engaging in said occupation therein, pay to the City of Goodman a license and occupation tax. (Ord. No. 1985-213A §1, 7-2-85)
SECTION 615.050: TAX PERCENTAGE OF GROSS RECEIPTS
The license and occupation tax herein provided shall be a sum equal to three and eight hundred forty-six thousandth percent (3.846%) of the gross receipts derived from the transaction of licensee’s business within the City of Goodman. (Ord. No. 1985-213A §2, 7-2-85)
SECTION 615.060: DEFINITIONS
As used in this Article, the following terms shall mean:
1. Except as otherwise provided in Subparagraph 3 hereof, all monies collected and received by licensee from the manufacture, distribution and sale of electric power and energy to all of licensee’s customers within the present and future boundaries of the City of Goodman served under rate schedules as now or hereafter approved by the Missouri Public Service Commission for residential, commercial and industrial service having a reserve capacity of forty (40) kilowatts or less before any deductions are made therefrom by the licensee for any expenses, costs or charges of any kind.
2. All monies collected and received by licensee from the sale or lease of goods and products to all of licensee’s customers within the present and future boundaries of the City of Goodman before any deductions are made therefrom by the licensee for any expenses, costs or charges of any kind.
3. Gross receipts shall not include:
a. Late charges and interest collected and received by licensee.
b. All monies collected and received by licensee from the following customers of licensee:
(1) Schools, churches and church schools.
LIGHT AND POWER COMPANY: Includes every corporation, company, association, firm and individual which is an “electrical corporation” owning and operating an “electric plant” as a “public utility” within the meaning of and as defined in the Missouri Public Service Commission law (Chapters 386 and 393, RSMo.). (Ord. No. 1985-213A §§3)4, 7-2-85)
SECTION 615.070: MONTHLY TAX PAYMENT
The licensee shall pay the tax herein provided monthly, said tax to be computed upon the basis of gross receipts collected and received by licensee which are subject to said tax from the first (1st) day through the last day of each month during which licensee is doing business and engaged in said occupation, beginning on July 2, 1985. (Ord. No. 1985-213A §5, 7-2-85)
SECTION 615.080: GROSS RECEIPT STATEMENT
The exact date after the end of each month on which licensee shall pay the tax herein provided, the form and contents of reports filed by licensee with the City of Goodman showing the gross receipts which are subject to said tax and the date on which said reports are due, shall be as mutually agreed upon by the City of Goodman and the licensee. (Ord. No. 1985-213A §6, 7-2- 85)
SECTION 615.090: TAX IN ADDITION TO ALL OTHER TAXES, PAYMENTS OR FEES
The license and occupation tax herein provided shall be in addition to all other taxes, payments or fees now or hereafter required by law or ordinance. (Ord. No. 1985-213A §7, 7-2-85)
SECTION 615.100: MAINTAINING GROSS RECEIPTS TAX IMPOSED ON POWER AND LIGHT COMPANY
The City of Goodman, in order to maintain its sources of revenue at its historical level, hereby determines to maintain the three percent (3%) gross receipts tax against the gross receipts of the Kansas Power and Light Company. (Ord. No. 1987-226, 3-17-87; Ord. No. 2004-360, 12-21-04)
ARTICLE III. CABLE FRANCHISE REGULATIONS
SECTION 615.110: DEFINITION OF TERMS
For the purpose of this franchise, the following terms, phrases, words and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number:
BASIC CABLE: The lowest priced tier of cable service that includes the retransmission of local broadcast television signals.
CABLE ACT: Title VI of the Communications Act of 1934, as amended.
1. The one-way transmission to subscribers of:
a. Video programming, or
b. Other programming service.
2. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM: The grantee’s facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the service area.
FCC: Federal Communications Commission or successor governmental entity thereto.
FRANCHISING AUTHORITY: The City of Goodman, Missouri.
GRANTEE: Mediacom Southeast LLC or the lawful successor, transferee or assignee thereof.
GROSS REVENUE: Any revenues from the operation of the cable system to provide basic cable services in the service area received by grantee from subscribers, provided however, that gross revenues shall not include franchise fees, the FCC user fee or any tax, fee or assessment of general applicability collected by the grantee from subscribers for pass through to a government agency.
PERSON: An individual, partnership, association, joint stock company, trust, corporation or governmental entity.
PUBLIC WAY: The surface of and the space above and below any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses now or hereafter held by the franchising authority in the service area, which shall entitle the grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the cable system.
SERVICE AREA: The present boundaries of the franchising authority and shall include any additions thereto by annexation or other legal means, subject to the exceptions in Subsection 615.130(I).
STANDARD INSTALLATION: One hundred twenty-five (125) feet from the nearest tap to the subscriber’s terminal.
SUBSCRIBER: A person who lawfully receives cable service of the cable system with the grantee’s express permission. (Ord. No. 2004-355 §1, 2-3-04)
SECTION 615.120: GRANT OF FRANCHISE
A. Grant. The franchising authority hereby grants to the grantee a non-exclusive franchise which authorizes the grantee to construct and operate a cable system in, along, among, upon, across, above, over, under or in any manner connected with public ways within the service area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain or retain in, on, over, under, upon, across or along any public way such facilities and equipment as may be necessary or appurtenant to the cable system for the transmission and distribution of cable services, data services, information and other communications services or for any other lawful purposes.
B. Other Ordinances. The grantee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance, to the extent that the provisions of the ordinance do not have the effect of limiting the benefits or expanding the obligations of the grantee that are granted by this franchise. Neither party may unilaterally alter the material rights and obligations set forth in this franchise. In the event of a conflict between any ordinance and this franchise, the franchise shall control.
C. Other Authorizations. The franchising authority shall not permit any person to provide services similar to those provided by the grantee in the service area without first having secured a nonexclusive franchise from the franchising authority. The franchising authority agrees that any grant of additional franchises or other authorizations including OVS authorizations by the franchising authority to provide services similar to those provided by the grantee pursuant to this agreement to any other entity shall cover the entire service area and shall not be on terms and conditions more favorable or less burdensome to the grantee of any such additional franchise or other authorization than those which are set forth herein. In any renewal of this franchise, the franchising authority, should it seek to impose increased obligations upon the grantee, must take into account any additional franchise(s) or authorizations previously granted and find that the proposed increased obligations in the renewal are not more burdensome and/or less favorable than those contained in any such additional franchise(s) or authorizations. (Ord. No. 2004-355 §2, 2-3-04)
SECTION 615.130: STANDARDS OF SERVICE
A. Conditions Of Occupancy. The cable system installed by the grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways.
B. Restoration Of Public Ways. If during the course of the grantee’s construction, operation or maintenance of the cable system there occurs a disturbance of any public way by the grantee, grantee shall replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance.
C. Relocation For The Franchising Authority. Upon its receipt of reasonable advance written notice, to be not less than ten (10) business days, the grantee shall protect, support, raise, lower, temporarily disconnect, relocate in or remove from the public way any property of the grantee when lawfully required by the franchising authority by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes or any other type of public structures or improvements improvements which are not used to compete with the grantee’s services. The grantee shall in all cases have the right of abandonment of its property.
D. Relocation For A Third Party. The grantee shall, on the request of any person holding a lawful permit issued by the franchising authority, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the public way as necessary any property of the grantee, provided:
1. The expense of such is paid by said person benefiting from the relocation, including, if required by the grantee, making such payment in advance; and
2. The grantee is given reasonable advance written notice to prepare for such changes. For purposes of this Subsection, “reasonable advance written notice” shall be no less than thirty(30) business days in the event of a temporary relocation and no less than one hundred twenty (120) days for a permanent relocation.
E. Trimming Of Trees And Shrubbery. The grantee shall have the authority to trim trees or other natural growth in order to access and maintain the cable system.
F. Safety Requirements. Construction, operation and maintenance of the cable system shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with generally applicable Federal, State and local regulations and the National Electric Safety Code.
G. Underground Construction. In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the grantee likewise shall construct, operate and maintain its cable system underground. Nothing contained in this Subsection shall require the grantee to construct, operate and maintain underground any ground-mounted appurtenances.
H. Access To Open Trenches. The franchising authority agrees to include the grantee in the platting process for any new subdivision. At a minimum, the franchising authority agrees to require as a condition of issuing a permit for open trenching to any utility or developer that:
1. The utility or developer give the grantee at least ten (10) days’ advance written notice of the availability of the open trench; and
2. The utility or developer provide the grantee with reasonable access to the open trench. Notwithstanding the foregoing, the grantee shall not be required to utilize any open trench.
I. Required Extensions Of The Cable System. Grantee agrees to provide cable service to all residences in the service area subject to the density requirements specified in this Subsection. Whenever the grantee receives a request for cable service from a potential subscriber in an unserved area contiguous to grantee’s existing distribution facilities where there are at least ten (10) residences within one thousand three hundred twenty (1,320) cable-bearing strand feet (onequarter (¼) cable mile) from the portion of the grantee’s trunk or distribution cable which is to be extended, it shall extend its cable system to such subscribers at no cost to said subscribers for the cable system extension, other than the published standard/non-installation fees charged to all subscribers. Notwithstanding the foregoing, the grantee shall have the right, but not the obligation, to extend the cable system into any portion of the service area where another operator is providing cable service into any annexed area which is not contiguous to the present service area of the grantee or into any area which is financially or technically infeasible due to extraordinary circumstances, such as a runway or freeway crossing.
J. Subscriber Charges For Extensions Of The Cable System. No subscriber shall be refused service arbitrarily. However, if an area does not meet the density requirements of Subsection 615.130(I) above, the grantee shall only be required to extend the cable system to subscriber(s) in that area if the subscriber(s) are willing to share the capital costs of extending the cable system. Specifically, the grantee shall contribute a capital amount equal to the construction cost per mile, multiplied by a fraction whose numerator equals the actual number of residences per one thousand three hundred twenty (1,320) cable-bearing strand feet from the grantee’s trunk or distribution cable and whose denominator equals ten (10). Subscribers who request service hereunder shall bear the remaining cost to extend the cable system on a pro rata basis. The grantee may require that payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance. Subscribers shall also be responsible for any standard/non-standard installation charges to extend the cable system from the tap to the residence.
K. Cable Service To Public Buildings. The grantee, upon request, shall provide without charge a standard installation and one (1) outlet of basic cable to those administrative buildings owned and occupied by the franchising authority, fire station(s), police station(s) and K-12 public school(s) that are passed by its cable system. The cable service provided shall not be distributed beyond the originally installed outlet without authorization from the grantee. The cable service provided shall not be used for commercial purposes and such outlets shall not be located in areas open to the public. The franchising authority shall take reasonable precautions to prevent any inappropriate use of the grantee’s cable system or any loss or damage to grantee’s cable system. The franchising authority shall hold the grantee harmless from any and all liability or claims arising out of the provision and use of cable service required by this Subsection. The grantee shall not be required to provide an outlet to such buildings where a non-standard installation is required, unless the franchising authority or building owner/occupant agrees to pay the incremental cost of any necessary cable system extension and/or non-standard installation. If additional outlets of basic cable are provided to such buildings, the building owner/occupant shall pay the usual installation and service fees associated therewith.
L. Emergency Alert. Any emergency alert system (“EAS”) provided by grantee shall be operated in accordance with FCC regulations. Except to the extent expressly prohibited by law, the franchising authority will hold the grantee, its employees, officers and assigns harmless from any claims arising out of use of the EAS, including, but not limited to, reasonable attorneys’ fees and costs.
M. Reimbursement Of Costs. If funds are available to any person using the public way for the purpose of defraying the cost of any of the foregoing, the franchising authority shall reimburse the grantee in the same manner in which other persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the franchising authority shall make application for such funds on behalf of the grantee. (Ord. No. 2004-355 §3, 2-3-04)
SECTION 615.140: REGULATION BY THE FRANCHISING AUTHORITY
A. Franchise Fee.
1. The grantee shall pay to the franchising authority a franchise fee of five percent (5%) of annual gross revenues (as defined in Subsection 615.110 of this Article). In accordance with the Cable Act, the twelve (12) month period applicable under the franchise for the computation of the franchise fee shall be a calendar year. The franchise fee payment shall be due annually and payable within ninety (90) days after the close of the preceding calendar year. Each payment shall be accompanied by a brief report prepared by a representative of the grantee showing the basis for the computation.
2. Limitation on franchise fee actions. The period of limitation for recovery by the franchising authority of any franchise fee payable hereunder shall be three (3) years from the date on which payment by the grantee is due to the franchising authority.
B. Rates And Charges. The franchising authority may regulate rates for the provision of basic cable and equipment as expressly permitted by Federal law.
C. Renewal Of Franchise.
1. The franchising authority and the grantee agree that any proceedings undertaken by the franchising authority that relate to the renewal of the grantee’s franchise shall be governed by and comply with the renewal provisions of Federal law.
2. In addition to the procedures set forth in the Cable Act, the franchising authority agrees to notify the grantee of all of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of the grantee under the then current franchise term. The franchising authority further agrees that such assessments shall be provided to the grantee promptly so that the grantee has adequate time to submit a proposal pursuant to the Cable Act and complete renewal of the franchise prior to expiration of its term.
3. Notwithstanding anything to the contrary set forth in this Subsection (C), the grantee and the franchising authority agree that at any time during the term of the then current franchise, while affording the public appropriate notice and opportunity to comment in accordance with the provisions of Federal law the franchising authority and the grantee may agree to undertake and finalize informal negotiations regarding renewal of the then current franchise and the franchising authority may grant a renewal thereof.
4. The grantee and the franchising authority consider the terms set forth in this Subsection (C) to be consistent with the express renewal provisions of the Cable Act.
D. Conditions Of Sale.
1. If a renewal or extension of the grantee’s franchise is denied or the franchise is lawfully terminated and the franchising authority either lawfully acquires ownership of the cable system or by its actions lawfully effects a transfer of ownership of the cable system to another party, any such acquisition or transfer shall be at the price determined pursuant to the provisions set forth in Section 627 of the Cable Act.
2. The grantee and the franchising authority agree that in the case of a final determination of a lawful revocation of the franchise, the grantee shall be given at least twelve (12) months to effectuate a transfer of its cable system to a qualified third party. Furthermore, the grantee shall be authorized to continue to operate pursuant to the terms of its prior franchise during this period. If, at the end of that time, the grantee is unsuccessful in procuring a qualified transferee or assignee of its cable system which is reasonably acceptable to the franchising authority, the grantee and the franchising authority may avail themselves of any rights they may have pursuant to Federal or State law. It is further agreed that the grantee’s continued operation of the cable system during the twelve (12) month period shall not be deemed to be a waiver, nor an extinguishment of, any rights of either the franchising authority or the grantee.
E. Transfer Of Franchise. The grantee’s right, title or interest in the franchise shall not be sold, transferred, assigned or otherwise encumbered, other than to an entity controlling, controlled by or under common control with the grantee, without prior written notice to the franchising authority. No such notice shall be required, however, for a transfer in trust, by mortgage, by other hypothecation or by assignment of any rights, title or interest of the grantee in the franchise or cable system in order to secure indebtedness. (Ord. No. 2004-355 §4, 2-3-04)
SECTION 615.150: BOOKS AND RECORDS
The grantee agrees that the franchising authority, upon thirty (30) days’ written notice to the grantee and no more than once annually, may review such of its books and records at the grantee’s business office, during normal business hours and on a non-disruptive basis, as is reasonably necessary to ensure compliance with the terms of this franchise. Such notice shall specifically reference the Subsection of the franchise which is under review, so that the grantee may organize the necessary books and records for easy access by the franchising authority.
Alternatively, if the books and records are not easily accessible at the local office of the grantee, the grantee may, at its sole option, choose to pay the reasonable travel costs of the franchising authority’s representative to view the books and records at the appropriate location. The grantee shall not be required to maintain any books and records for franchise compliance purposes longer than three (3) years. Notwithstanding anything to the contrary set forth herein, the grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature, nor disclose books and records of any affiliate which is not providing cable service in the service area. The franchising authority agrees to treat any information disclosed by the grantee as confidential and only to disclose it to employees, representatives and agents thereof that have a need to know or in order to enforce the provisions hereof. The grantee shall not be required to provide subscriber information in violation of Section 631 of the Cable Act. (Ord. No. 2004-355 §5, 2-3-04) Business Supplying Utility Services § 615.170
SECTION 615.160: INSURANCE AND INDEMNIFICATION
A. Insurance Requirements. The grantee shall maintain insurance in full force and effect, at its own cost and expense, during the term of the franchise. The franchising authority shall be designated as an additional insured and such insurance shall be non-cancelable except upon thirty (30) days’ prior written notice to the franchising authority. Upon written request, the grantee shall provide a Certificate of Insurance showing evidence of the coverage required by this Subsection.
B. Indemnification. The grantee agrees to indemnify, save and hold harmless and defend the franchising authority, its officers, boards and employees from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death) which arise out of the grantee’s construction, operation or maintenance of its cable system in the service area provided that the franchising authority shall give the grantee written notice of its obligation to indemnify the franchising authority within ten (10) days of receipt of a claim or action pursuant to this Subsection. Notwithstanding the foregoing, the grantee shall not indemnify the franchising authority for any damages, liability or claims resulting from the willful misconduct or negligence of the franchising authority. (Ord.No. 2004-355 §6, 2-3-04)
SECTION 615.170: ENFORCEMENT AND TERMINATION OF FRANCHISE
A. Notice Of Violation. In the event that the franchising authority believes that the grantee has not complied with the any material term of the franchise, the franchising authority shall informally discuss the matter with grantee. If these discussions do not lead to resolution of the problem, the franchising authority shall notify the grantee in writing of the exact nature of such alleged noncompliance.
B. The Grantee’s Right To Cure Or Respond. The grantee shall have thirty (30) days from receipt of the notice described in Subsection (A):
1. To respond to the franchising authority, contesting the assertion of such non-compliance, or
2. To cure such default, or
3. In the event that, by the nature of such default, it cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the franchising authority of the steps being taken and the projected date that they will be completed.
C. Public Hearing. In the event that the grantee fails to respond to the notice described in Subsection (A) pursuant to the procedures set forth in Subsection (B) or in the event that the alleged default is not remedied within thirty (30) days or the date projected pursuant to (B)(3) above, if it intends to continue its investigation into the default, then the franchising authority shall schedule a public hearing. The franchising authority shall provide the grantee at least ten (10) days’ prior written notice of such hearing, which specifies the time, place and purpose of such hearing and provide the grantee the opportunity to be heard.
D. Enforcement. Subject to applicable Federal and State law, in the event the franchising authority, after the hearing set forth in Subsection (C), determines that the grantee is in material default of any provision of the franchise, the franchising authority may:
1. Commence an action at law for monetary damages or seek other equitable relief; or
2. In the case of repeated or ongoing substantial non-compliance with a material term or terms of the franchise, seek to revoke the franchise in accordance with Subsection (E).
1. Should the franchising authority seek to revoke the franchise after following the procedures set forth in Subsections (A)D) above, the franchising authority shall give written notice to the grantee of its intent. The notice shall set forth the exact nature of the repeated or ongoing substantial non-compliance with a material term or terms of the franchise. The grantee shall have ninety (90) days from such notice to object in writing and to state its reasons for such objection. In the event the franchising authority has not received a satisfactory response from the grantee, it may then seek termination of the franchise at a public hearing. The franchising authority shall cause to be served upon the grantee, at least thirty (30) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the franchise.
2. At the designated hearing, grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the franchising authority, to compel the testimony of other persons as permitted by law and to question witnesses. A complete verbatim record and transcript shall be made of such hearing.
3. Following the hearing, the franchising authority shall determine whether or not the franchise shall be revoked. If the franchising authority determines that the franchise shall be revoked, the franchising authority shall promptly provide grantee with its decision in writing. The grantee may appeal such determination of the franchising authority to an appropriate court which shall have the power to review the decision of the franchising authority de novo. Grantee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within sixty (60) days of grantee’s receipt of the determination of the franchising authority.
4. The franchising authority may, at its sole discretion, take any lawful action which it deems appropriate to enforce the franchising authority’s rights under the franchise in lieu of revocation of the franchise.
F. Force Majeure.
1. The grantee shall not be held in default under, or in non-compliance with, the provisions of the franchise, nor suffer any enforcement or penalty relating to non-compliance or default, where such non-compliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the grantee to anticipate and control. This provision includes work delays caused by waiting for utility providers to service or monitor their utility poles to which the grantee’s cable system is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
2. Furthermore, the parties hereby agree that it is not the franchising authority’s intention to subject the grantee to penalties, fines, forfeitures or revocation of the franchise for violations of the franchise where the violation was a good faith error that resulted in no or minimal negative impact on the subscribers within the service area or where strict performance would result in practical difficulties and hardship to the grantee which outweigh the benefit to be derived by the franchising authority and/or subscribers. (Ord. No. 2004-355 §7, 2-3-04)
SECTION 615.180: MISCELLANEOUS PROVISIONS
A. Actions Of Parties. In any action by the franchising authority or the grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.
B. Entire Agreement. This franchise constitutes the entire agreement between the grantee and the franchising authority and supersedes all other prior understandings and agreements oral or written. Any amendments to this franchise shall be mutually agreed to in writing by the parties.
C. Reservation Of Rights. Acceptance of the terms and conditions of this franchise will not constitute, or be deemed to constitute, a waiver, either expressly or impliedly, by grantee of any constitutional or legal right which it may have or may be determined to have, either by subsequent legislation or court decisions. The franchising authority acknowledges that grantee reserves all of its rights under applicable Federal and State Constitutions and laws.
D. Notice. Unless expressly otherwise agreed between the parties, every notice or response required by this franchise to be served upon the franchising authority or the grantee shall be in writing and shall be deemed to have been duly given to the required party when placed in a properly sealed and correctly addressed envelope:
1. Upon receipt when hand delivered with receipt/acknowledgment,
2. Upon receipt when sent certified, registered mail,
3. Within five (5) business days after having been posted in the regular mail, or
4. The next business day if sent by express mail or overnight air courier.
The notices or responses to the franchising authority shall be addressed as follows:
City of Goodman
Attn: City Clerk
203 West Barlow; P.O. Box 246
Goodman, Missouri 64843
The notices or responses to the grantee shall be addressed as follows:
Mediacom Southeast LLC
Attn: Legal Department; Bruce Gluckman
100 Crystal Run Road
Middletown, New York 10941
With a copy to:
Government Relations Manager
Mediacom Southeast LLC
1533 South Enterprise Avenue
Springfield, Missouri 65804
The franchising authority and the grantee may designate such other address or addresses from time to time by giving notice to the other in the manner provided for in this Subsection.
E. Descriptive Headings. The captions to Sections and Subsections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein.
F. Severability. If any Section, Subsection, sentence, paragraph, term or provision hereof is determined to be illegal, invalid or unconstitutional by any court of competent jurisdiction or by any State or Federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other Section, Subsection, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the franchise.
G. Term And Effective Date. The effective date of this franchise is the date of final adoption by the franchising authority as set forth below subject to grantee’s acceptance by countersigning where indicated below. This franchise shall expire on June 20, 2024, unless extended by the mutual agreement of the parties. (Ord. No. 2004-355 §8, 2-3-04)
CHAPTER 620: GARAGE SALE REGULATIONS
SECTION 620.010: DEFINITIONS
As used in this Chapter, the terms “garage”, “yard” and “porch sales” are hereby declared to have their usual and ordinary meaning and include all sales in residential and business areas conducted on private property by persons not holding a valid merchants license issued by the City of Goodman. (Ord. No. 2006-379, 7-18-06)
SECTION 620.020: PERMIT REQUIRED
No person shall advertise, conduct, carry on or permit any garage, patio, yard or porch sale or other similar sale upon the grounds of or within any dwelling within the City limits of the City of Goodman without first obtaining a permit from the City Clerk of the City of Goodman allowing such sale. In order to obtain such a permit, the applicant must provide, in writing, the name of the person or persons holding or conducting such sale; the location of the sale; the date or dates such sale is to be held; the hours that such sale is to be held and a general description of the articles to be offered for sale. This Section shall not apply to any person conducting any such sale at the location of business holding a valid and current merchants license issued by the City of Goodman. (Ord. No. 2006-379, 7-18-06)
SECTION 620.030: LIMIT ON NUMBER AND DAYS OF SALES
It shall be unlawful for any person to advertise, conduct, carry on or permit more than three (3) sales of the type required to have a permit under the terms of this Chapter within any twelve (12) month period. Nor shall such a sale be held or be scheduled for more than ten (10) calendar days in any such twelve (12) month period nor shall a permit be issued for the premises more than three (3) times each calendar year. This does not include the City Wide Garage Sale. Permits are required for the City Wide Garage Sale; however it is not included in the limit of three (3) sales per year. Permits for the City Wide Garage Sale will be issued for one (1) day only. The City Wide Garage Sale will be on a Saturday, the date to be decided on by the Board of Aldermen. As used herein the term “person” shall also include all members of the immediate family and all residents of the household of the person obtaining the permit required. (Ord. No. 2006-379, 7-18-06)
SECTION 620.040: ARTICLES TO BE SOLD
No person shall advertise, sell or offer for sale at any sale required to have a permit under the provisions of this Chapter any articles or personal property except such as have normally accumulated in ordinary dwelling usage. (Ord. No. 2006-379, 7-18-06)
SECTION 620.050: ADVERTISEMENT OF SALE
It shall be unlawful for any person to advertise any sale of the type required to be registered and permit obtained under the terms of this Chapter by any sign exceeding the size of three (3) feet by two (2) feet. No advertising signs shall be placed upon any property within the said City without obtaining the express permission of the owner of said property. No signs advertising said sales shall be posted more than forty-eight (48) hours prior to the start of said sale and all said signs shall be removed within twenty-four (24) hours from the time said sale is registered to end. All advertising signs for sale shall show on the face thereof the name of the person or persons conducting the said sale and the address where the sale is to be. (Ord. No. 2006-379, 7-18-06)
SECTION 620.060: PENALTY
Any person in violation of any Section of this Chapter shall receive a summons to court. If found guilty of a violation of any Section of this Chapter a fine of twenty-five ($25.00) and court costs will be assessed. (Ord. No. 2006-379, 7-18-06)