City of Clarkson Valley
Missouri

CHAPTER 600: ALCOHOLIC BEVERAGES

ARTICLE I. IN GENERAL

SECTION 600.010: DEFINITIONS

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

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, except for non-intoxicating beer as defined herein. 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.

MALT LIQUOR: That intoxicating liquor manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water containing in excess of three and two-tenths percent (3.2%) of alcohol by weight, but not in excess of five percent (5%) by weight, and commonly called and known as beer.

MANAGING OFFICER: The person who is in active management and control, who may be designated by the corporation as the managing officer.

NON-INTOXICATING BEER: Any beer manufactured from pure hops or pure extract of hops and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water and free from all harmful substances, preservatives and adulterants and having an alcoholic content of more than one-half of one percent (.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight.

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 or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles of beer.

PERSON: Any individual, association, joint stock company, syndicate, club, co-partnership, corporation, receiver, trustee, conservator or other officer appointed by any State or Federal Court.

PREMISES: That portion of any building in which a licensee under this Chapter has his/her place of business, any additional building or portion thereof used in connection therewith, and the entire lot or parcel of land on which such buildings are situated, or which are used in connection with such buildings.

RESTAURANT-BAR: Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises.

SALE BY DRINK: The selling of, giving away of or otherwise disposing of or suffering the disposal of any intoxicating liquor, other than malt liquor, in any quantity less than fifty (50) milliliters. (
CC 1990 §3-1; Code 1977 §15.010(1)(a)─(d), (f)─(j))
Cross Reference─Definitions and rules of construction generally, §100.020.

SECTION 600.020: LICENSEE LIMITED TO SALE OF LIQUORS AUTHORIZED BY LICENSE

It shall be unlawful for any licensee for the sale of any intoxicating liquor, intoxicating beer or malt liquor at retail by the drink for consumption on the premises where sold to keep or secrete or to allow any other person to keep or secrete in and upon the premises described in such license any intoxicating liquor or beer other than the kind of liquor expressly authorized by such license to be sold. (CC 1990 §3-2; Code 1977 §15.010(2))

SECTION 600.030: HOURS OF SALE RESTRICTED

No person having a license under this Chapter, nor any employee of such person, except as provided in Subsection (B) of this Section, shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his/her premises, 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. Sunday and 6:00 A.M. Monday. If the person has a license to sell intoxicating liquor by the drink, his/her premises shall be and remain a closed place as defined in this Section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this Section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other than intoxicating liquors are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in this Section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed. A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. Any person violating any provision of this Section shall be deemed guilty of a class A misdemeanor. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell the intoxicating liquor at retail. (CC 1990 §3-3; Code 1977 §15.010(3))

SECTION 600.035: CERTAIN HOLIDAYS, SALE BY THE DRINK ON SUNDAY ALLOWED

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.

SECTION 600.040: WHEN CONSUMPTION PROHIBITED ON LICENSED PREMISES

The drinking or consumption of intoxicating liquor, malt liquor or non-intoxicating beer shall not be permitted in, upon or about the licensed premises by any person during the hours that sales are prohibited by Section 600.030. (CC 1990 §3-4; Code 1977 §15.010(4))

SECTION 600.050: LIQUOR IN ORIGINAL PACKAGE NOT TO BE OPENED WHERE PURCHASED

A. In no event shall intoxicating liquor sold in the original package be opened or consumed on the premises where purchased.
B. In no event shall malt liquor or non-intoxicating beer sold in the original package be opened or consumed on the premises where purchased when by license the premises is classified as (4) or (5) under Section 600.150. (CC 1990 §3-5; Code 1977 §15.010(6))

SECTION 600.060: UNAUTHORIZED LIQUORS PROHIBITED ON PREMISES LICENSEDFOR SALE BY DRINK, EXCEPTIONS

It shall be unlawful for the holder of any license authorized by this Chapter, for the sale of any intoxicating liquor at retail by the drink for consumption on the premises where sold, to keep or secrete, or to allow any other person to keep or secrete 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 license, or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.

SECTION 600.070: MINORS PROHIBITED TO PURCHASE OR POSSESS

Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor as defined in this Chapter, is guilty of a misdemeanor. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, 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 not 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. (CC 1990 §3-7; Code 1977 §15.010(8))

SECTION 600.080: MISREPRESENTATION OF AGE

A. Any person of the age of seventeen (17) years and under the age of twenty-one (21) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, shall upon conviction be deemed guilty of a misdemeanor. Any person under the age of seventeen (17) years who shall represent that he/she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.

B. In addition to any other penalties established in Subsection (A) of this Section and established in Sections 577.500 to 577.530, RSMo., any person who is less than twenty-one (21) years of age who uses 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, shall be guilty of a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) for each separate offense. (CC 1990 §3-8; Code 1977 §15.010(9))

SECTION 600.090: PERSONS EIGHTEEN YEARS OF AGE OR OLDER MAY SELL OR HANDLE LIQUOR OR BEER WHEN

A. Except as provided in Subsections (B), (C) and (D) of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.

B. In any place of business licensed in accordance with Section 311.200, RSMo., or Section 312.040, RSMo., persons at least eighteen (18) years of age may stock, arrange displays, operate the cash register or scanner connected to a cash register and accept payment for, and sack for carryout, intoxicating liquor or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years. Any licensee who employs any person under the age of twenty-one (21) years, as authorized by this 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.

C. In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail. Any wholesaler licensed pursuant to this Chapter or Chapter 312, RSMo., may employ persons of at least eighteen (18) years of age to rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor or non-intoxicating beer.

D. Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor or non-intoxicating beer in places of business which sell food for consumption on the premises if at least fifty percent (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 or non-intoxicating beer. (CC 1990 §3-9; Code 1977 §15.010(10)(11))

SECTION 600.100: DRINKING IN PUBLIC

It shall be unlawful for any person to drink, or encourage another to drink, or open any container or any original package containing intoxicating liquor, malt liquor or non-intoxicating beer in or upon any public streets, alleys, parks or public thoroughfares of the City, or in any railway station, theater, picture show house, bus or other public conveyance, or in the presence of any assemblage in any school house. (CC 1990 §3-10; Code 1977 §15.010(12))

SECTION 600.110: SALE TO MINOR - CERTAIN OTHER PERSONS- EXCEPTIONS

It shall be unlawful for any licensee under this Chapter, or his/her employee, to sell, vend, give away or otherwise supply any intoxicating liquor or non-intoxicating beer in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard. No person whomsoever except his/her or her parent or guardian shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard. This Section shall not apply 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 intoxicating liquor to any person by a duly licensed physician. (CC 1990 §3-11; Code 1977 §15.010(13))

SECTION 600.120: REVOCATION AND SUSPENSION OF LICENSE

A. Whenever it shall be shown, or whenever the City has knowledge, that a person licensed hereunder has not at all times kept an orderly place or house, or has violated any of the provisions of this Chapter, the City may, warn, place on probation on such terms and conditions as the City deems appropriate for a period not to exceed twelve (12) months, suspend or revoke the license of that person, but the person shall have ten (10) days notice of the application to warn, place on probation, suspend or revoke the person's license prior to the order of warning, probation, revocation or suspension issuing.

B. In the event that any license is suspended for any period of time, the Board of Aldermen may, at their discretion, order, as a condition precedent to the termination of such suspension, that the licensee so suspended pay the reasonable costs incurred by the Board of Aldermen in connection with the hearing referred to in Subsection (A) of this Section, which costs shall be determined and certified by the Board of Aldermen. (CC 1990 §3-14; Code 1977 §15.030(1), (2))

SECTION 600.130: POLICE TO ENFORCE PROVISIONS

It shall be the duty of the Police Department to see that the provisions of this Chapter in regard to the sale of intoxicating liquor, malt liquor or non-intoxicating beer are obeyed and to report to the Board of Aldermen any place where non-intoxicating beer, malt liquor or intoxicating liquor is sold at retail which is not kept in an orderly manner or is in violation of any of the provisions hereof, or any person selling intoxicating liquor, malt liquor or non-intoxicating beer in the City without a license. (CC 1990 §3-15; Code 1977 §15.030(3))

SECTION 600.140:

PENALTY

Any person violating any of the provisions of this Chapter, except where some penalty is otherwise provided, shall upon conviction thereof be adjudged guilty of a misdemeanor and punished by a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a term not exceeding ninety (90) days, or by both such fine and jail sentence. (CC 1990 §3-16; Code 1977 §15.030)

ARTICLE II. LICENSES AND PERMITS

SECTION 600.150: REQUIRED CLASSIFICATION OF PERMITS

It shall be unlawful for any person to sell or expose for sale in this City any intoxicating liquor or malt liquor in any quantity without first obtaining a license therefor from the City.

1. For the sale by a restaurant-bar of all intoxicating liquor or malt liquor by the drink, and in the original package, except on Sunday.

2. For the sale by a restaurant-bar which has a valid license under Subsection (1) of all intoxicating liquor or malt liquor by the drink between the hours of 11:00 A.M. and Midnight Sundays. (CC 1990 §3-36; Code 1977 §15.020(1))

SECTION 600.160: QUALIFICATIONS OF LICENSEE - INTOXICATING LIQUOR AND NON-INTOXICATING BEER

A. As used in this Section, the following terms shall have the indicated meaning:

FINANCIAL INTEREST: All interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net profits of the enterprise, after the payment of reasonable and necessary operating business expenses and taxes, including interest in dividends, preferred dividends, interest and profits, directly or indirectly paid as compensation for, or in consideration of interest in, or for use of, the capital devoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except by way of ordinary commercial credit or bona fide bank credit not in excess of credit customarily granted by banking institutions, whether paid as dividends, interest or profits, or in the guise of royalties, commissions, salaries, or any other form whatsoever.

RESIDENT CORPORATION: A corporation incorporated under the laws of this State, all the officers and directors of which, and all the stockholders, who legally and beneficially own or control sixty percent (60%) or more of the stock in amount and in voting rights, shall be qualified legal voters and taxpaying citizens of the County and municipality in which they reside and who shall have been bona fide residents of the State for a period of three (3) years continuously immediately prior to the date of filing of application for a license, provided that a stockholder need not be a voter or a taxpayer, and all the resident stockholders of which shall own, legally and beneficially, at least sixty percent (60%) of all the financial interest in the business to be licensed under this law; provided, that no corporation, licensed under the provisions of Revised Statutes of Missouri, Chapter 311, on January 1, 1947, nor any corporation succeeding to the business of a corporation licensed on January 1, 1947, as a result of a tax-free reorganization coming within the provisions of Section 112, United States Internal Revenue Code, shall be disqualified by reason of the new requirements herein, except corporations engaged in the manufacture of alcoholic beverages containing alcohol in excess of five percent (5%) by weight, or owned or controlled, directly or indirectly, by non-resident persons, partnerships or corporations engaged in the manufacture of alcoholic beverages containing alcohol in excess of five percent (5%) by weight.

B. No person shall be granted an intoxicating liquor or non-intoxicating beer license under this Article unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the City, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the City; and no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or non-intoxicating beer, or who employs in his/her business as such dealer any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid; provided, that nothing in this Section contained shall prevent the issuance of licenses to non-residents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquors or non-intoxicating beer to, by or through a duly licensed wholesaler within this State.

C. No person, partnership or corporation shall be qualified for a license under this law if such person, any member of such partnership, or such corporation, or any officer, director, or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation, or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a license revoked under this law or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor or non-intoxicating beer since the ratification of the Twenty-First Amendment to the Constitution of the United States, or shall not be a person of good moral character.

D. No license issued under this Chapter shall be denied, suspended, revoked or otherwise affected based solely on the fact that an employee of the licensee has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor or non-intoxicating beer so long as any such employee does not directly participate in retail sales of intoxicating liquor or non-intoxicating beer. Each employer shall report the identity of any employee convicted of a felony to the State's Division of Liquor Control.

E. No wholesaler license shall be issued to a corporation for the sale of intoxicating liquor or non-intoxicating beer containing alcohol in excess of five percent (5%) by weight, except to a resident corporation as defined in this Section. (CC 1990 §3-37; Code 1977 §15.020(2))

SECTION 600.170: APPLICATION REINVESTIGATION AFTER ISSUANCE OF LICENSE

No license shall be issued to an applicant for a license required by this Article until the following conditions have been met and complied with:

1. The applicant shall file with the Board of Aldermen a certified and acknowledged petition for a license, on a form to be furnished by the City Clerk, setting forth the following and other such information as the Aldermen shall reasonably require:

a.   Full name, age, residence, place of birth of the applicant and, if a naturalized citizen, the time and place of naturalization; the length of time he/she has resided at the residence stated; whether he/she is a registered voter and assessed taxpaying citizen at the residence stated; whether or not he/she has ever been convicted of a felony or a violation of any law regulating, controlling or prohibiting the sale of intoxicating liquor or non-intoxicating beer since the adoption of the Twenty-First Amendment of the Constitution of the United States; whether or not he/she has ever been engaged in the manufacture or sale or distribution of intoxicating liquor, malt liquor or non-intoxicating beer and, if so, when, where and the nature of the business; if the applicant is a corporation, the petition shall set forth all of the above information with respect to the managing officer of the proposed establishment, identifying such officer and further state the corporate name, the date and state of incorporation, the five (5) largest stockholders with their addresses and percentage of stock held.

b.   Whether or not any distiller, wholesaler, winemaker, brewer or any employee, officer or agent of any such person has any financial interest or proposes to have any financial interest in the retail business for the sale of intoxicating liquor, malt liquor or non-intoxicating beer for which such applicant applied for a license; and whether or not such person, either directly or indirectly, has loaned, given or furnished or will give, loan or furnish any equipment, money, credit or property of any kind to such applicant, except ordinary commercial credit for what was sold to such applicant; the names of all persons directly or indirectly financially interested in the proposed business of the applicant.

c.   The exact location of the business or premises where the applicant proposes to engage in such retail liquor business, including the State, address of the premises, the name and address of the owner of record of the premises and the land upon which the building is situated, and the correct legal description of such premises.

d.   The kind of business which the applicant proposes to conduct on such premises, particularly stating the hours which the applicant plans to keep his/her place open for business of any kind.

e. Each applicant for a license for the sale of intoxicating liquor, malt liquor or non-intoxicating beer by the drink under the provisions of Subsections (1), (3) and (5) of Section 600.150 shall include duplicate photographs of passport size and shall submit two (2) complete sets of fingerprints as required by the Board of Aldermen.

2. Each new application shall be submitted to the City Clerk who, through his/her duly authorized agent or employees or through such other departments or persons who from time to time may be designated by the Board of Aldermen, will make an immediate investigation of the statements contained in the petition and of the safety and sanitary conditions of the premises, and a written report of the findings of such investigation shall be made to the Board of Aldermen.

3. After a new application has been made and a license issued under this Article, the Board of Aldermen may, at any reasonable time, request a new investigation of the licensee and/or of the premises and the results of such subsequent investigation shall be reported to the Board of Aldermen.

4. If the application shall be for an original license or should the application be for the transfer to a new location of a license previously issued, no license shall be issued to any applicant therefor unless the following condition has been made and complied with: A petition shall be filed with the application, which petition must be signed by two-thirds (2/3) of the assessed taxpaying citizens owning property and also by two-thirds (2/3) of the persons occupying or conducting any business on the main or surface floor of buildings within a distance of two hundred (200) feet from the proposed location in all directions. Any license, whether heretofore or hereafter issued, may be renewed from year to year unless a majority of the assessed taxpaying citizens owning property or occupying or doing business on the ground floor of buildings within two hundred (200) feet of the applicant's place of business shall file a written protest against the renewal or further renewal of such license. (CC 1990 §3-39; Code 1977 §15.020(3))

SECTION 600.180: ISSUANCE EXPIRATION DATE RENEWAL

A. On approval of the application and payment of the license tax provided in this Chapter, the City shall grant the applicant a license to conduct business in the State for a term to expire with the thirtieth (30th) day of June next succeeding the date of such license. A separate license shall be required for each place of business. Of the license tax to be paid for any such license, the applicant shall pay as many twelfths 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).

B. No such license shall be effective, and no right granted thereby shall be exercised by the licensee, unless and until the licensee shall have obtained and securely affixed to the license in the space provided therefore an original stamp or other form of receipt issued by the duly authorized representative of the federal government, evidencing the payment by the licensee to the federal government of whatever excise or occupational tax is by any law of the United States then in effect required to be paid by a dealer engaged in the occupation designated in said license. Within ten (10) days from the issuance of said federal stamp or receipt, the licensee shall file with the City a photostat copy thereof, or such duplicate or indented and numbered stub therefrom as the federal government may have issued to the taxpayer with the original.

C. 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.

D. Applications for renewal of licenses must be filed on or before the first (1st) day of May of each calendar year. (CC 1990 §3-40; Code 1977 §15.020(4))

SECTION 600.190: CHANGE OF FACTS IN APPLICATION

If, during the period for which a license is granted pursuant to the provisions of this Article, there are any change of facts or information differing from that set forth in the original or in any renewal application on file with the Board of Aldermen, written notice thereof must be given to the City Clerk within ten (10) days after such change. (CC 1990 §3-41; Code 1977 §15.020(5))

SECTION 600.200: LICENSE REQUIRED FOR EACH PLACE OF BUSINESS LIMITATION OF THE NUMBER OF LICENSES PER PERSON

A. A separate license shall be required for each place of business. Every license issued under the provisions of this Article shall particularly describe the premises at which non-intoxicating beer, malt liquor or intoxicating liquor may be sold thereunder and such license shall not be deemed to authorize the sale of non-intoxicating beer, malt liquor or intoxicating liquor at any place other than that described therein.

B. The limitation of the number of licenses per person shall be as provided by State law. (CC 1990 §3-42; Code 1977 §15.020(6))

SECTION 600.210: PRIORITY OF ISSUANCE OR RENEWAL CONDITIONS THEREFORE

In the issuance of new licenses or in the renewal of existing licenses, the Board of Aldermen shall give priority to applicants, if there are more applicants than licenses available under this Article, on the basis of:

1.          Qualifications and prior experience of the applicant.

2.          Location and type of business in operation proposed by the applicant.

3.     The Aldermen's determination as to whether the proposed business can reasonably be expected to     meet the sixty percent (60%) requirement as defined herein.

4.     Time the application is made with the City Clerk. (CC 1990 §3-43; Code 1977 §15.020(7))

SECTION 600.220:EXCEPTIONS FROM LICENSE

This Article shall not apply to the possession by a druggist of intoxicating liquor purchased by him/her from a licensed vendor under the Liquor Control Act of the State, of intoxicating liquor lawfully acquired and transported into the State by him/her pursuant to such act, such liquor to be used in connection with the business of the druggist in compounding medicines or as a solvent or preservative, nor shall this Article apply to the sale of intoxicating liquors by druggists on prescription from a regularly licensed physician. (CC 1990 §3-44; Code 1977 §15.020(8))

SECTION 600.230: POSTING OF LICENSE

All licenses issued under this Article shall be kept conspicuously posted on the premises for which such license is issued during the period of such license. (CC 1990 §3-45; Code 1977 §15.020(9))

SECTION 600.240: FEES

A.    If the application for license under this Article is approved by the Board of Aldermen, the license shall be issued upon the payment of the license fees applicable to the particular class of license, as follows:

1.     For each license issued under Section 600.150(1), the sum of fifty dollars ($50.00).

2.     For each license issued under Section 600.150(2), the sum of twenty-five dollars ($25.00).

B.    All license fees collected by the City Clerk shall be accounted for and paid into the City Treasury. If the license is for less than one (1) year, the fee shall be one-twelfth (1/12) of the annual fee for each month or fraction thereof remaining in the licensed year. (CC 1990 §3-46; Code 1977 §15.020(10))

SECTION 600.250: NUMBER OF LICENSES TO BE GRANTED FOR EACH CLASSIFICATION

A.    The number of licenses for the sale of all intoxicating liquor, malt liquor or non-intoxicating beer by the drink, and in the original package, under the provisions of Subsections (1) and (2) of Section 600.150 shall not exceed a total of two (2) for each classification.

B.    The original number of licenses for the sale of malt liquor or non-intoxicating beer by the drink under the provisions of Subsection (4) of Section 600.150 shall not exceed a total of two (2) for both classes. Thereafter, additional licenses for such classes may be issued at a rate not to exceed the total for both such classes of a ratio of one (1) license for every one hundred percent (100%) increase in the population of the City above the base figure of five hundred (500) population.

C.    The original number of licenses for the sale of intoxicating liquor, malt liquor and non-intoxicating beer by the package under the provisions of Subsections (3) and (5) of Section 600.150 shall not exceed a total of two (2) for all classes. Thereafter additional licenses for all such classes may be issued at a rate not to exceed the total for all classes of the ratio of one (1) license for every one hundred percent (100%) increase in the population of the City above the base figure of five hundred (500) population.

D.    The ratio limitations of this Section shall not apply to the issuing of licenses to persons for sale by the drink under the provisions of Subsections (1) and (2) of Section 600.150 nor to persons whose primary business at the licensed premises is other than the sale of intoxicating liquor, malt liquor or non-intoxicating beer. For the purpose of Subsection (B) and Subsection (C) of this Section, a business is primarily for other than the sale of such beverages if sixty percent (60%) of the gross dollar volume of such business is derived from the sale of items other than such beverages.

(CC 1990 §3-47; Code 1977 §15.020(11))

SECTION 600.260:LICENSE NON-TRANSFERABLE EXCEPTIONS

A.    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 law may make application and the City 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.

B.    Whenever one (1) or more members of a partnership withdraws from the partnership the City, 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. (CC 1990 §3-48; Code 1977 §15.020(12))

SECTION 600.270: NO LICENSE FOR IMMORAL OR UNLAWFUL BUSINESS

No license shall be granted for the sale of intoxicating liquor, malt liquor or non-intoxicating beer at retail by the drink for consumption at the place where sold in a building occupied or used for an immoral or unlawful purpose, nor in any room or portion of a building connected by any entrance or exit, or other means of communication, with any room or place used for any immoral or unlawful purpose. (CC 1990 §3-49; Code 1977 §15.020(13))

SECTION 600.280: ADDITIONAL RESTRICTIONS ON APPLICANTS FOR CERTAIN LICENSES FIFTY PERCENT REQUIREMENT DEFINED ISSUANCE OF CERTAIN LICENSES FOR PROBATIONARY PERIOD

A.    Licenses for the sale by the drink under the provisions of Subsections (1) and (2) of Section 600.150 may be issued only to persons whose primary business at the licensed premises is other than the sale of intoxicating liquor, malt liquor or non-intoxicating beer. For the purposes of this Section, a business is primarily for other than the sale of intoxicating liquor if fifty percent (50%) or more of the gross dollar sales volume of such business is derived from the sale of items or services other than intoxicating liquor, malt liquor or non-intoxicating beer (hereinafter referred to as the "fifty-percent (50%) requirement").

B.    Each new license issued under this Section shall be for a probationary period of ninety (90) days.

1.     The City shall have the right to audit the books, records and papers of every licensee during the period extending from the sixty-first (61st) day through the seventy-fifth (75th) day of the probationary period for the purpose of determining compliance with the fifty percent (50%) requirement.

2.     The City shall notify the licensee in writing of his/her compliance or non-compliance with the fifty percent (50%) requirement upon expiration of the ninety (90) day probationary requirement.

3.     The City shall issue a license to the probationary licensee as provided for in Section 600.250 if he/she has fully complied with the fifty percent (50%) requirement and all the provisions of this Chapter.

4.     The City shall not renew a license as provided in paragraph (3) above if, at the expiration of the ninety (90) day probationary period, the licensee is not in compliance with the fifty percent (50%) requirement or has otherwise violated the provisions of this Chapter.

C.    An applicant seeking a license for a new establishment must submit a detailed written report to the Board of Aldermen which demonstrates a reasonable expectation of an ability to comply with the fifty percent (50%) requirement within the ninety (90) day probationary period.

D.    An applicant seeking a license for an establishment in which intoxicating liquor, malt liquor or non-intoxicating beer were offered for sale, either by the drink or by the package, prior to the date of the enactment of this Chapter must submit a detailed report to the City which demonstrates that fifty percent (50%) or more of the gross dollar sales volume of the establishment for which the license is sought, for at least twelve (12) months immediately preceding application for the license in question, was derived from the sale of items or services other than intoxicating liquor, malt liquor or non-intoxicating beer.

E.    The City, after giving ten (10) days' written notice to the licensee, shall have the right to make periodic audits of the books, records and papers of any licensee under this Section for the purpose of determining whether the licensee is in compliance with the fifty percent (50%) requirement.

1.     The City shall notify the licensee in writing of his/her compliance or non-compliance with the fifty percent (50%) requirement upon completion of the audit.

2.     If it is determined that the licensee is not in compliance with the fifty percent (50%) requirement, the Board of Aldermen, after a hearing thereon, may revoke the license of such person; provided that, such person shall be given ten (10) days' written notice thereof, prior to the time fixed for the hearing, which notice shall specify the time, place, purpose and grounds for such hearing, so that such person may have an opportunity to have counsel present and produce witnesses in his/her behalf.

F.    No license provided for under Subsections (1) and (2) of Section 600.150 should be issued if the structure for which such license is sought is occupied and operated as a drugstore, pharmacy, confectionery, soda fountain, soft drink, stationery or school supply store. (CC 1990 §3-50; Code 1977 §15.020(14))

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