Chapter 3: Alcoholic Beverages

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CONTENTS

ARTICLE I.  INTOXICATING LIQUOR

§ 3-1.          Definitions.

§ 3-2.          License required.

§ 3-3.          License fee.

§ 3-4.          Persons eligible for license.

§ 3-5.          License; how to apply.

§ 3-6.          Terms of license.

§ 3-7.          License not transferable.

§ 3-8.          Place of sale.

§ 3-9.         Saleof liquor by package only.

§§ 3-10 to 3-14.  Reserved.

ARTICLE II.  SALE OF BEER

§ 3-15.        Definitions

§ 3-16.        License fee.

§ 3-17.        Persons eligible for license.

§ 3-18.        License; how to apply.

§ 3-19.        Terms of license.

§ 3-20.        License not transferable.

§ 3-21.        Licensee to comply with regulations.

§ 3-22.        Penalty.

§§ 3-23 to 3-27.  Reserved.

ARTICLE III.  LIQUOR CONTROL

§ 3-28.        Closing hours - Sunday, election day and weekdays.

§ 3-29.        Minors.

§ 3-30.        Public intoxication.

§ 3-31.        Penalty.

§ 3-32.        Reimbursement of costs of arrest, when limitations.

§ 3-33.        Schedule of fees for testing and time.

§§ 3-34 to 3-36.  Reserved.

Chapter 3

ALCOHOLIC BEVERAGES

ARTICLE I

INTOXICATING LIQUOR

Sec. 3-1.  Definitions.

        Intoxicating liquor - The term "intoxicating liquor" as used in this Ordinance, shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, or other liquors or combinations of liquors a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, said liquors containing alcohol in excess of 3.2 percent by weight, except that it shall not apply to or include malt liquors, commonly known as beer, having an alcoholic content of not in excess of 5 percent by weight.  (Ord. 59, §1.)

Sec. 3-2.  License required.

        It shall be unlawful for any person, firm, association or corporation to sell or expose for sale, either at wholesale or retail, within the corporate limits of the City of St. James, Missouri, any intoxicating liquor, as herein defined, in any quantity without first having procured from the city clerk a license in accordance with the provisions of this Ordinance.  Provided, however, that nothing contained in this Ordinance shall be construed as limiting the right of a physician to prescribe intoxicating liquors in accordance with his professional judgment for any patient at any time, or prevent a druggist from selling intoxicating liquor, lawfully acquired, to a person on prescription from a duly licensed physician as above provided.  (Ord. 59, §5.)

Sec. 3-3.  License fee.

        (a)   Sale at retail - There is hereby levied an annual license tax in the amount of fifty ($50.00) dollars on each and every person, firm, association or corporation engaged in the selling at retail of intoxicating liquor (as herein defined) within the corporate limits of the City of St. James, Missouri.

        (b)   Sale at wholesale - There is hereby levied an annual license tax in the amount of fifty ($50.00) dollars on each and every person, firm, association or corporation engaged in the selling of intoxicating liquor (as the term is herein defined) at wholesale and maintaining a business establishment for that purpose within the corporate limits of the City of St. James, Missouri.  (Ord. 59, §§2-3.)

Sec. 3-4.  Persons eligible for license.

        Before any applicant shall be entitled to procure a license from the City ofSt. James to sell intoxicating liquor, either at wholesale or retail, said applicant must first have satisfied all the requirements of the liquor laws of the State ofMissouri and obtained a license from the State Supervisor of Liquor Control to engage in said business.  Any person, firm, association or corporation, upon proof of having satisfied said requirements of the liquor laws of the State of Missouri and upon presentation of a license from the State Supervisor of Liquor Control, shall be eligible to make application for and shall be entitled to receive from the City of St. James, upon payment of the license tax, a license to sell intoxicating liquor within the corporate limits of said city, at wholesale or retail, in accordance with the kind of license obtained from the State Supervisor of Liquor Control.  (Ord. 59, §4.)

Sec. 3-5.  License; how to apply.

        Said license shall be issued by the city clerk upon payment of the license tax to the city collector and the funds shall be deposited in the city treasury to the credit of the General Revenue Fund.  (Ord. 59, §4.)

Sec. 3-6.  Terms of license.

        Said license taxes levied under this Chapter shall be payable annually at the beginning of the anniversary date month .  (Ord. 59, §4; Ord. 962)

Sec. 3-7.  License not transferable.

        No license issued under this Ordinance shall be transferable or assignable.  (Ord. 59, §4.)

Sec. 3-8.  Place of sale.

        Every license issued under this Ordinance shall particularly describe the premises at which intoxicating liquors may be sold thereunder and said license shall not be deemed to authorize the sale of intoxicating liquors at any other place than that described therein.  (Ord. 59, §4.)

Sec. 3-9.  Sale of liquor by package only.

        All kinds of intoxicating liquors referred to and included in this Ordinance, whether sold at wholesale or retail shall be sold in the original package upon a license granted by the city clerk as herein provided and said intoxicating liquors shall not be consumed on the premises where sold nor the original package opened on the premises of the vendor.  (Ord. 59, §6.)

Secs. 3-10 to 3-14.  Reserved.

ARTICLE II

SALE OF BEER

Sec. 3-15.  Definitions.

        (a)   Beer - The term "beer" as used in this Ordinance shall mean and include all beer having an alcoholic content of not less than one-half of one percent by volume and not in excess of 5 percent by weight.  (Ord. 58, §1.)

        (b)   Original package - The phrase "original package" as used in this Ordinance shall be construed and held to refer to any package containing three or more standard bottles of beer.  (Ord. 58, §§1-4.)

Sec. 3-16.  License fee.

        (a)   Sale at retail for on-site consumption - There is hereby levied an annual license tax in the amount of fifty ($50.00) dollars on each and every person, firm, association or corporation engaged in the selling of beer at retail for consumption on the premises where sold within the corporate limits of the City of St. James, Missouri.

        (b)   Sale at wholesale -  There is hereby levied an annual license tax in the amount of fifty ($50.00) dollars on each and every person, firm, association or corporation engaged in the selling of beer at wholesale and maintaining a business establishment for that purpose within the corporate limits of the City of St. James, Missouri.

        (c)   Sale at retail for off-site consumption - There is hereby levied an annual license tax in the amount of fifty ($50.00) dollars and fifty cents on each and every person, firm, association or corporation engaged in the selling of beer at retail in the original package but not to be consumed on the premises where sold within the corporate limits of the City of St. James, Missouri.  (Ord. 58, §§2, 3 and 4; Ord. 962)

Sec. 3-17.  Persons eligible for license.

        Before any applicant shall be entitled to procure a license from the City of St. James to sell beer, either at wholesale or retail, for consumption on the premises where sold or in the original package, said applicant must first have satisfied all the requirements of the laws of the State of Missouri pertaining to the sale of beer and obtained a license from the State Supervisor of Liquor Control to engage in said business.  Any person, firm, association or corporation upon proof of having satisfied said requirements of the law in this connection and upon presentation of a license from the State Supervisor of Liquor Control shall be eligible to make application for and entitled to receive from the City of St. James, upon payment of the license tax, a license to sell beer within the corporate limits of the said city, at retail or wholesale, for consumption on the premises where sold or in the original package, in accordance with the kind of license obtained from the State Supervisor of Liquor Control.  (Ord. 58, §5.)

Sec. 3-18.  License; how to apply.

        Said licenses shall be issued by the city clerk upon payment of the license tax to the city collector and the funds shall be deposited in the city treasury to the credit of the General Revenue Fund.  (Ord. 58, §5.)

Sec. 3-19.  Terms of license.

        The license taxes levied under this Ordinance shall be payable semiannually in advance, one-half of the required annual license fee shall be due and payable on the first day of January and the first day of July of each year.  (Ord. 58, §5.)

Sec. 3-20.  License not transferable.

        No license issued under this Ordinance shall be transferable or assignable.  (Ord. 58, §5.)

Sec. 3-21.  Licensee to comply with regulations.

        Any license provided for hereunder is conditioned upon the licensee at all times holding a valid license issued by the Missouri Department of Liquor Control, maintenance of the licensed premises at all times in good order, further, said licensee shall permit no breaches of the peace, dancing, performance of live music, or any other conduct not conducive to the maintenance of good order on the premises.  Any such conduct upon the licensed premises shall cause such license upon giving the licensee ten days written notice by the council and if by majority vote, the council finds that the conduct upon the licensed premises is not conducive to the maintenance of peace and good order in the City of St. James, it may revoke such license, suspend such license for such periods as it sees fit, or give warning to the licensee, upon such conditions as it sees fit, that future improper conduct upon the premises may cause suspension or revocation of the license.  Any action taken hereunder shall be immediately reported by the city clerk to the Missouri Department of Liquor Control.  (Ord. 358.)

Sec. 3-22.  Penalty.

        Any person failing, neglecting, or refusing to comply with the provisions of this Article shall be deemed guilty of an Ordinance violation with a fine of not more than $500 and/or up to 90 days in jail.  (Ord. 58, §7; 1977 Code; Ord. 962)

Secs. 3-23 to 3-27.  Reserved.

ARTICLE III

LIQUOR CONTROL

Sec. 3-28.  Closing hours - Sunday, election day and weekdays.

        (a)   Intoxicating liquor - No person having a  license, nor any employee of such person, shall sell, give away or otherwise dispose of, or suffer the same to be done upon or about his premises, any intoxicating liquor in any quantity between the hours of 1:30 o'clock A.M. and 6:00 o'clock A.M. on weekdays and between the hours of 1:30 o'clock A.M. Sunday and 6:00 o'clock A.M. Monday, or after 1:30 o'clock A.M. upon the day of any general or primary election in this state at which candidates for public office are elected or nominated.  Except that the sale of intoxicating liquor may be resumed and the premises reopened on any general or primary election day after the expiration of 30 minutes next following the hour or time fixed by law for the closing of the polls at any such election.

        Any person found guilty of violating this Ordinance shall be fined in an amount not less than fifty ($50.00) dollars and not more than five hundred ($500.00) dollars.  (Ord. 423, § 2.)

        (b)   Intoxicating beer - It shall be unlawful for any licensee, holding a license to sell beer containing alcohol in excess of three and two-tenths percent (3.2 percent) by weight, to sell, give away or otherwise dispose of, or suffer the same to be done in, upon or about his premises, either in the original package or by the drink, any beer on the first day of the week commonly called Sunday, or upon the day of any general, special or primary election in this state, or upon any county, township, city, town or municipal election day.  Provided that the sale of such beer may be resumed on any such election day after the expiration of thirty minutes next following the hour or time fixed by law for the closing of the polls at any such election.  (Ord. 58, §6.)  (See Section 3-22 for penalty)

        (c)   Non-intoxicating beer - Hereafter, it shall be unlawful for any person, firm, corporation, or association to sell or offer to sell, to serve or give away, any nonintoxicating beer or malt beverage, commonly known as 3.2 beer, within the corporate limits of the City of St. James, Missouri, between the hours of twelve midnight on Saturday and seven A.M. on Monday of each week.  (Ord. 265, §1.)

        Any person violating the provisions of this Ordinance shall be deemed guilty of a misdemeanor.  (Ord. 265, §§1, 3;  1977 Code)  (For Penalty see Sec. 1-13.)

Sec. 3-29.  Minors.

        It shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase, directly or indirectly, any intoxicating liquor, non-intoxicating liquor, intoxicating or non-intoxicating malt beverages or beer.  It shall also be unlawful to prepare, mix or consume any such liquor, malt beverages or beer in or about the premises of a licensed intoxicating liquor dealer or a licensed non-intoxicating beer dealer, or in or about the premises of any public dance hall, restaurant, amusement place or similar public place.  It shall also be unlawful for any one under age twenty-one (21) years to be in possession of any such liquor, malt beverages or beer.  (Ord. 398)

Sec. 3-30.  Public intoxication.

        Any person who shall be found so drunk on the streets as not to be able to take care of himself or endanger the safety of others, shall be taken charge of by the chief of police, and put in the calaboose, and kept until sober, when he shall be brought before the municipal judge and upon conviction shall be deemed guilty of a misdemeanor.  (Ord. 26, Sec. 10; 1977 Code)  (For Penalty see Sec. 1-13.)

Sec. 3-31.  Penalty.

        Any person, firm, association or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor.  (Ord. 59, Sec. 9; 1977 Code)  (For Penalty see Sec. 1-13.)  (Penalty Provision refers to Sections 3-1 to 3-9.)

Sec. 3-32.  Reimbursement of costs of arrest, when limitations.

        Upon a plea of guilty or a finding of guilty for a first offense of violating the provisions of this Ordinance, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the state or local law enforcement agency, which made the arrest, for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including that cost of any chemical test made under this chapter to determine the alcohol or drug content of the person’s blood, and the costs of processing, charging, booking and holding such person in custody. (RSMo 488.5334.) The cost so assessed shall not exceed $250.00. (Ord. 720) (Ord. 987)

Sec. 3-33  Schedule of fees for testing and time.

                (a)           $50.00     will be charged for the use of the Breath Testing Instrument.

(b)                 $25.00 for time spent on arrest procedure.

(Ord. 720)

Secs. 3-34 to 3-36.  Reserved.