Chapter 600 – Alcoholic Beverages

Chapter 600

ALCOHOLIC BEVERAGES

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 one (1) or more standard bottles, cans or pouches 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.

1. 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.

1. 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.

1. 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. Permits.
2. 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.
3. 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.

1. 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.

1. 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. [Ord. No. 1984-203 §4, 3-6-1984]

1. 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.

1. (Reserved)
2. Temporary Permit For Sale By Drink — Certain Organizations.
3. 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.

1. Operating Hours, Days.
2. 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 except as

otherwise authorized and licensed for Sunday sales, and if said person has a license to

sell intoxicating liquor by the drink, his/her premises shall be and remain a “closed

place” as defined in Section 600.010 of this Chapter and between the hours of 1:30

A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on

Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink

are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room

or rooms in which intoxicating liquor is dispensed; and where such licenses are held

by restaurants or bowling alleys whose business is conducted in one room only, then

the licensee shall keep securely locked during the hours and on the days herein

specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating

liquor is dispensed.

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.

1. Number Of Licenses Limited.
2. 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:

600. 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).

600. 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).

1. General License Regulations.
2. 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.

1. (Reserved)

Section 600.035. Sales of Liquor Prohibited Near Schools and Churches.

1. 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.

1. 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.

1. 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.

1. 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.
2. Malt liquor — original package: $75.00.
3. Intoxicating liquor (all kinds) — original package: $150.00.
4. Malt liquor — by drink (resort only): $75.00.
5. Malt liquor and light wines — by drink (resort only): $75.00.
6. Intoxicating liquor (all kinds) — by drink (resort only): $450.00.
7. Sunday sales. (Additional fees)
8. Intoxicating liquor at retail: $300.00.
9. Permits.
10. Temporary permit — by the drink for certain organizations (7 days max.):

$37.50.

37. Tasting permit: $37.50.
38. 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.

1. 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.

1. 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.

1. 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.

1. 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. [Ord. No. 1984-203 §§1 — 2, 6, 9, 3-6-1984]

1. Filing Of An Application.
2. 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.

1. 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.

1. 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 Section 600.090 of this

Chapter.

1. The Board shall approve the application if after the hearing it finds that:
2. Issuance of the requested license would be in the best interests of the locality of

the proposed business;

1. 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;

1. No license theretofore issued to such applicant to sell intoxicating liquors has

been revoked within two (2) years of the date of the application;

1. 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;

1. 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.

1. 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.

1. 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.

1. 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.

Section 600.060. Minors.

1. Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, When.
2. 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.

1. Sales To Minor — Exceptions.
2. 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:
4. The defendant is a licensed retailer, club, drinking establishment, or caterer or

holds a temporary permit, or an employee thereof;

1. 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

1. 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.

1. 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.

1. Minors In Possession Of Intoxicating Liquor.
2. 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:
3. Is eighteen (18) years of age or older;
4. Is enrolled in an accredited college or university and is a student in a culinary

course;

1. 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

1. 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:

1. The type of test administered and the procedures followed;
2. The time of the collection of the blood or breath sample or urine analyzed;
3. The numerical results of the test indicating the alcohol content of the blood and

breath and urine;

1. The type and status of any permit which was held by the person who performed

the test;

1. 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” does not include information in the possession of the

manufacturer of the test instrument.

Section 600.065. Burden of Proof On Violator Concerning Manufacturer-Sealed Container.

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.

1. 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.

1. Any retailer licensed pursuant to this Chapter shall not:
2. 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.

1. 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.

1. 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.

1. Only Those Liquors Authorized By License To Be Kept On Premises.
2. 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:
3. 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

1. 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.

1. 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.

1. Drinking In Public Places Prohibited.
2. 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.

1. 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

entertainment 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.

1. 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.

1. 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:
8. Any person under the age of twenty-one (21) years,
9. Any person during unauthorized hours on the licensed premises,
10. A habitual drunkard or to any person who is under or apparently under the

influence of intoxicating liquor, or

1. Any person on the licensed premises during a term of suspension as ordered by

the Board.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.