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BILL NO. 11-78 ORDINANCE NO. �
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING LIQUOR LICENSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1 Sects of the Code of Ordinances of the City of Cape Girardeau,
Missouri, reading as follows:
Sec. 5-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Distributor or wholesaler means a person selling intoxicating liquor to retailers
for resale.
Intoxicating liquor means and includes alcohol for beverage purposes, alcoholic,
spirituous, vinous, fermented, malt or other liquors, or combination of liquors, a
part of which is spirituous, vinous or fermented, and all preparations or mixtures
for beverage purposes.
Person means and includes any individual, association, joint stock company,
syndicate, co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any state or federal court.
is4hereby�repealed m its entirety, and a new Section 5-1 is hereby enacted in lieu thereof, in
wordsand figures, to read as follows:
Sec. 5-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Chief Review Ocermeans the first of two city employees appointed bythe city
manager,to serve on,�the�Liquor License,Review�Board
1
RAO-
Distributor
or wholesaler means a person selling intoxicating liquor to retailers
for resale.
Intoxicating liquor means and includes alcohol for beverage purposes, alcoholic,
spirituous, vinous, fermented, malt.or other liquors, or combination of liquors, a
part of which is spirituous, vinous or fermented, and all preparations or mixtures
for beverage purposes.
Person means and includes any individual, association, joint stock company,
syndicate, co-partnership, corporation, receiver, trustee, conservator or other
officer appointed by any state or federal court.
�>
ARTICI✓E'2 Section 514' of-the Code of Ordinances of the City of Cape Girardeau,
Missouri, reading as follows:
Sec. 5-14. Possession, consumption in public.
Except at the location of a permitted special event and under the terms of the
special event permit, or where specifically authorized by other appropriate city
license, or by other prior approval by the city council, no person shall possess in
open containers or consume intoxicating liquor in or upon streets, alleys,
sidewalks or public parking areas, including a driver of any type of conveyance
while in or upon streets, alleys, sidewalks, or public parking areas. Any event
organized or for which a permit has been issued by the parks and recreation
department within the terms of section 15-482, paragraph 2, shall be considered a
permitted special event for the purposes of this section.
isherebyrepealed m :its<<entirety, and a new Section 5-14 is hereby enacted in lieu thereof, in
words and figures, to read as follows:
Sec. 5-14. Possession, consumption in public.
Except at the location of a permitted special event and under the terms of the
special event permit, or where specifically authorized by other appropriate city
license, or by other prior approval by the city ceunerl manager, no person shall
possess in open containers or consume intoxicating liquor in or upon streets,
alleys, sidewalks or public parking areas, including a driver of any type of
conveyance while in or upon streets, alleys, sidewalks, or public parking areas.
Any event organized or for which a permit has been issued by the parks and
recreation department within the terms of section 15-482, paragraph 2, shall be
considered a permitted special event for the purposes of this section.
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ARTICUEg3 ,Section5 6 ofFthe Co e ofOrdinances ofth'e Ctyof Cape£Girardeau
Missoun�r`eadiri as;follows:
K Z 7 O f t z ss
(a) In=_the case of a wrote it obJection signed�by the°owners of any pnvate
—� '#3s ''w�"�.Y'�t�' :�.cr �,.�.x ? �t`�:;tis:
residenceloc�ated wrthuitwo hundred (200) feet ofan,applicant s premises;
noense shallbegrantedforthesale'of mtoxicatmgliquor�asdefinediri
¢'# '42:.V�us�s€s��r��3tyg� m'���%"2�'a§� ��a
this chapter; unless )ernssionit ego is granted bytwoj. ids (2/3)
oo�fthemeers�o�f�the�c, tykeouciltwohundrred (200) feetosf
restriction set gout herein�shall Abe measured from�that portion of�the
licensee sbuil�ding��wluch�s;nearest to�the residence�and��svmeasizred�from
builduigto�b%iilding�arid not�from�lot tbfrlot,or 1'ot to li`uldiiiga�.�..��...a�_�.�.
(b) Foi heterin "residence"yshallll be deemedhto
nclud�e single family:residences and multifamily residences, butshall not
bdElleemed tolutle they useof a ,portionof a buiTdmg zoned for
commercial or industnalsuse which is p%esently beuigused as a residence:
c�All e 1 isl hmen ch aha of tamed liquor it ceases a d iri this
'�' ty11
�`'sra t,
chapter prioT�Tl the fechve date of this sectio shall be deemed in
,t
coin hancesswiththis section� u on a hcahon fort renewal#of wor u ori
� P_
application fora change�m`hquorlicense atthe same�location�fora hexsame
owner;
is:hereby repealed m its�enfirety.
ARTICLE 4- , Sections 5-31 through 5-42 of the Code of Ordinances of the City of
Cape Girardeau, Missouri, reading as follows:
Sec. 5-31. Required; duration.
(a) No person shall, either by himself or through the use of agents or servants,
engage in the manufacture, brewing, sale or distribution of intoxicating
liquors within the city, without first having taken out and obtained a
license authorizing such manufacture, brewing, sale or distribution in
compliance with the terms of this chapter. The license shall be issued for a
period of one (1) year from June thirtieth, of each year, and persons
desiring to secure licenses after June thirtieth shall pay for such portion of
the license year remaining at the time such license is issued. Thereafter, all
renewals of licenses shall be made on June thirtieth of each year.
(b) When the city council, in its sole discretion, determines that there is good
reason not to issue a license under this chapter for a period of one (1) year,
it may issue a license for a period of six (6) months. At the end of the six-
month period the council shall consider whether to renew the license for
an additional six (6) months or to June thirtieth, whichever period is
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shorter. Persons licensed under this subsection shall pay only a prorated
license fee.
Sec. 5-32. Applications; contents.
(a) Submitted to city manager. All applications for license under the
provisions of this article shall be made in writing on proper forms to the
city manager and shall state specifically whether the license is for a
distiller, brewer, wholesaler or distributor, and in the case of retailer's
license, shall state the alcoholic content of the intoxicating liquor to be
sold under the license, and whether the license is issued for consumption
on the premises, not for consumption on the premises, or for both the sale
in the original package and for the consumption on the premises where
sold.
(b) Contents. All such applications shall state the name and address of the
applicant or if the applicant is a firm, partnership, or association, all of the
names and addresses of each member of the firm, partnership, or
association, or if the applicant is a closely held or family corporation, the
names and addresses of all the officers, the board of directors and all of
the stockholders of the corporation, and shall describe the premises which
the license applied for shall cover. If the applicant is not a closely held
corporation, the applicant shall state the name and address of each officer
and the members of the board of directors and each stockbroker who owns
ten (10) percent or more of the issued stock of the corporation.
Sec. 5-33. Notice of application.
(a) The city council shall not approve an application for a license under this
chapter, other than a renewal license or a temporary liquor license, unless
notice of the application and the time when and place where the council
shall consider the application has been posted on the premises to be
licensed for at least ten (10) days prior to council action.
(b) The city clerk shall provide each applicant subject to the provisions of this
section a sign which contains the information required to be posted by
subsection (a). The applicant shall be responsible for posting the sign.
(c) This section shall not apply when an applicant is seeking a license for
premises which, within six (6) months prior to the date of application,
have been licensed with the same type of license or a less restrictive
license.
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Sec. 5-34. Application investigated by police department; action on
application.
Upon receipt by the city manager of an application, he shall refer it to the police
department for investigation, and shall report to the city council at the next
scheduled meeting of the council all applications being processed. The police
department shall make a report as soon as may be possible to the city council,
which report shall set forth the criminal record of the applicant, including the
Federal Bureau of Investigation record of the applicant, copy of which shall be
attached to the police report. The police department shall in their report also
verify that they have investigated all of the facts in applicant's application and
have made a general character check of the applicant. If the applicant is a
corporation, such report shall be made on the managing agent of the corporation
as well as the corporation itself. Upon receipt of the report of the police
department and the other necessary departments of the city, the city manager shall
recommend to the city council which licenses shall be granted. No license for the
sale of packaged liquor shall be granted unless the applicant maintains an
inventory of other commodities having a value of no less than one thousand
dollars ($1,000.00) and supplies a copy of such inventory with the application.
Sec. 5-35. Qualifications of applicant.
No person shall be granted a license or permit under this article unless such
person is of good moral character, 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 who employees in
his business as such dealer any person whose license has been revoked or who has
been convicted of violating the provisions of any such law since the date
aforesaid; nor shall any corporation be granted a license or permit hereunder
unless the managing office of such corporation qualifies as would an individual
under the above applicable requirements.
Sec. 5-36. Issuance; contents of license.
Upon approval of the application by the city council, and payment by the
applicant of the license tax herein provided, the city clerk shall grant the applicant
a license to conduct business at the specified location within the city for a period
set forth in section 5-31. Every license issued under this article shall set forth the
type of license granted, and 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. No licensee under this article shall be permitted to move the
location of his licensed premises without the prior express approval of the city
council.
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Sec. 5-37. Conditions of issuance.
No license shall be granted under this article unless the following conditions are
met:
(a) The licensee is in present possession of the premises described in his
application at the time of presentation to the city council, and
(b) The location of the applicant's proposed establishment wherein he will sell
intoxicating liquors is acceptable to the city council, and
(c) The location has been inspected and approved by the city health officer as
conforming to all of the general health and sanitation requirements of the
city, and
(d) The establishment has separate toilet facilities for men and women, which
facilities are clean, neat and in regular usable condition and will be
maintained in a clean, neat and orderly condition at all times during the
period of the license, except that package liquor stores need have only one
(1) toilet facility, and except that a restaurant-bar which has less than five
thousand (5,000) square feet of floor area and which is located entirely
within an enclosed shopping mall in a C-4 zone, shall not be required to
maintain separate toilet facilities within its licensed premises if the owner
or manager of the mall provides and maintains within the mall such
facilities which are available for use during licensee's hours of operation,
and which are no greater than two hundred fifty (250) feet from the
licensed premises, and
(e) The city council is satisfied that the applicant will conduct a clean,
orderly, legitimate business for which the application is sought, and
(f) If applicant is a corporate licensee, that the managing officer is a
stockholder of the corporation, and is also a member of the board of
directors, or is actively engaged in the management of the corporate
business.
Sec. 5-38. Conditional approval of licenses.
An applicant who is not in present possession of the premises described in his
application but who has a right of possession contingent upon the issuance of a
license under this article and an applicant who has not brought the premises
described in his application into compliance with all the building, health,
sanitation and other code requirements of the city may request that the city
council review his application. When such a request is made the application shall
be investigated by the police department, reviewed by the city manager and
submitted to the city council. The city council may authorize the city clerk to
issue the applicant a license once the city clerk has been informed by the city
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manager that the applicant has obtained possession of the premises and brought
the premises into compliance with all city codes.
Sec. 5-39. License not transferable; termination.
(a) No license issued under this article shall be transferable from one (1)
person to another, nor shall the license be used at any place except on the
premises for which the license is issued; and the proper license shall be
procured for each place of business for which a state license is required.
(b) Whenever a license holder under this article shall be closed for business
for over thirty (30) consecutive calendar days, the license holder's license
shall be subject to termination upon notification by the city manager or his
designee that such license shall be voided and the licensee ordered to turn
in his license unless the licensee, within fifteen (15) days of the
notification by the city, shall, in writing, state reasons why this should not
be done. If the licensee makes the written return within the fifteen (15)
days, his license shall not be terminated or voided unless upon action by
the city council. The council shall make its decision on the basis of the
qualifications, duties, and obligations of the license holder listed in this
chapter, and the reasons for which operations ceased.
Sec. 5-40. Fees.
(a) Generally. A separate license is required for each place of business and
the license fees set forth in this section shall be paid annually.
(b) Manufacturers of malt liquors. The fee for manufacturing of intoxicating
malt liquor containing not more than five (5) percent of alcohol by weight
shall be three hundred fifty dollars ($350.00). The license provided for in
this subsection shall entitle the manufacturer to distribute such malt liquor
as a wholesaler, but shall not include the right to sell as a retailer.
(c) Distillers, manufacturers of intoxicating liquors. The fee for
manufacturers or distillers of intoxicating liquors containing alcohol in
excess of five (5) percent by weight shall be five hundred dollars
($500.00).
(d) Wholesalers and distributors of malt liquor. The fee for distributors or
wholesalers of intoxicating malt liquors not in excess of five (5) percent
alcohol by weight shall be one hundred fifty dollars ($150.00).
(e) Wholesalers and distributors of liquor. The fee for wholesalers and
distributors of liquor shall be as follows:
(1) Distributors or wholesalers of intoxicating liquor containing not in
excess of twenty-two (22) percent of alcohol by weight, three
hundred dollars ($300.00).
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(2) Distributors or wholesalers of intoxicating liquor of all kinds,
seven hundred fifty dollars ($750.00).
(f) Retailers of liquor by drink not more than five (5) percent. The fee for
retailers selling intoxicating liquors in the original package or for
consumption on the premises shall be fifty-two dollars and fifty cents
($52.50).
(g) Retailers of liquor over .five (5) percent. The fee for retailers selling
intoxicating liquors with an alcoholic content of more than five (5) percent
by weight for consumption on the premises where sold shall be four
hundred fifty dollars ($450.00). The license issued under this subsection
includes the right of sale in the original package, provided, such original
package shall not be opened and the contents thereof consumed on the
premises where sold; and shall include the right to sell intoxicating liquor
with an alcoholic content of five (5) percent or less by weight, by the drink
or in the original package.
(h) Retailers of package liquor. The fee for retailers selling intoxicating
liquors containing alcohol in excess of five (5) percent by weight, in the
original package, not to be opened or consumed on the premises where
sold shall be one hundred fifty dollars ($150.00). No such license shall be
issued 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 drugstore,
cigar and tobacco store, grocery store, general merchandise store,
confectionery, or delicatessen store, nor shall such license be issued to any
person who does not have and keep in his 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. The fee for a special license
to sell intoxicating liquor in the original package at retail between the
hours of 9:00 a.m. and midnight on Sundays shall be three hundred dollars
($300.00).
(i) Restaurant-bar. A restaurant-bar means any establishment having a
restaurant or similar facility on the premises whereby at least fifty (50)
percent of the gross income of the restaurant or similar facility is derived
from the sale of prepared meals or food consumed on such premises and
where the person operating possesses the qualifications required by this
chapter to sell intoxicating liquor. A restaurant bar also means any
establishment whose business building contains a square footage of at
least ten thousand (10,000) square feet, and where games of skill
commonly known as bowling are usually played and which has annual
gross receipt of at least two hundred thousand dollars ($200,000.00) of
which no more than fifty (50) percent may be derived from the sale of
alcoholic beverages. Such person in addition to other licenses permitted by
this chapter may secure a license to sell intoxicating liquor, by the drink
only between the hours of 11:00 a.m. and 12:00 midnight on Sunday, by
paying in addition to all other fees required by laws of such restaurant-bar,
an additional fee of three hundred dollars ($300.00) a year payable at the
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same time and in the same manner as its other license fees. However, such
license shall not authorize the sale, in the original package, of intoxicating
liquor.
(j) Wine tasting license. Notwithstanding any other provisions of this chapter
to the contrary, any person possessing the qualifications and meeting the
requirements of this chapter, who is licensed to sell intoxicating liquor in
the original package at retail may apply for a special permit to conduct
wine tastings on the licensed premises. The fee for a special license to
conduct wine tastings shall be thirty-seven dollars and fifty cents ($37.50).
(k) Caterers, temporary. Temporary caterers for each calendar day, or fraction
thereof, for which the permit is issued shall pay a fee of ten dollars
($10.00).
(1) Amusement places. Notwithstanding any other provisions of this chapter to
the contrary, any person who possesses the qualifications required by this
chapter, and who now or hereafter meets the requirements of and complies
with the provisions of this chapter, may apply for, and the city clerk may
issue, a license to sell intoxicating liquor, as in this chapter defined,
between the hours of 9:00 a.m. and midnight on Sunday by the drink at
retail for consumption on the premises of any amusement place. As used
in this section the term "amusement place" means any establishment
whose business building contains square footage of at least six thousand
(6,000) square feet, and where games of skill commonly known as
billiards, volleyball, indoor golf, bowling or soccer are usually played, and
which has annual gross receipts of at least two hundred thousand dollars
($200,000.00) of which no more than fifty (50) percent may be derived
from the sale of alcoholic beverages. In addition to all other fees required
by this chapter, an amusement place shall pay an additional fee of three
hundred dollars ($300.00) a year, payable at the same time and in the same
manner as its other fees.
Sec. 5-41. Renewal.
Each license granted under the provisions of this article shall be renewed each
year and the same procedure followed for the granting of an original license shall
be followed for each renewal. Applications for renewal, together with all
information required to be submitted therewith as in the case of original
applications must be submitted to the city council at least sixty (60) days before
the license expires, in order to give the council adequate time to process such
application for renewal. All applications for renewal will be treated on the same
basis as if an original application, and the same investigation required of an
original applicant will be made for each application for renewal, except that an
F.B.I. report shall not be required for renewals. In the event the managing agent
of a corporation is discontinued during the time for which a license has been
issued to such managing agent of a corporation, the corporation shall within
seven (7) days thereafter appoint a new managing agent and notify the clerk of
the city of such appointment. Upon the receipt of notification by the city clerk of
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such new appointment, the license issued to such corporation will remain in full
force and effect for sixty (60) days from the date of receipt of the notice of
appointment of the new managing agent. Within seven (7) days after the receipt
of notice of appointment of the new managing agent, such new agent shall apply
for an application for and on behalf of the corporation for the remaining period
for which the original license was issued, and submit such application to the city
council as if it were an original application, and the same procedure shall be
followed by the city council in processing such application for the new managing
agent as if it were an original application. In the event the application is
approved, the license will continue for the balance of the term for which it was
originally issued.
Sec. 5-42. Suspension and revocation; grounds.
The city council may on hearing suspend or revoke any license issued under the
provisions of this article whenever a dealer licensed hereunder has not at all
times kept a clean and orderly place or house, or has violated any of the
provisions of this article, first having given such licensee not less than ten (10)
days' notice in writing of the application to suspend or revoke his license prior to
the order of suspension or revocation. The notice shall contain the grounds for
such suspension or revocation set out therein and shall command the licensee to
be present at the regular meeting or called meeting of the council and show
cause, if any, why such license should not be suspended or revoked. The licensee
shall have full right to be represented by counsel at such hearing. Such notice of
suspension or revocation hearing shall be served by a police officer and may be
served upon the licensee by leaving a copy thereof with the licensee, or any
person or employee in charge of the place of business of such licensee. Upon the
suspension or revocation of any license, no license fee paid shall be refunded to
the licensee.
is'lerebyrepealed:m,ts entirety, and new Sections 5-31 through 5-42 are hereby enacted in lieu
thereof, in words and figures, to read as follows:
Sec. 5-31. Requirement.
(a) No person shall, either by himself or through the use of agents or servants,
engage in the manufacture, brewing, sale or distribution of intoxicating
liquors within the city, without first having taken out and obtained a
license authorizing such manufacture, brewing, sale or distribution in
compliance with the terms of this chapter. The license shall be issued for a
period of one (1) year from June thirtieth, of each year, and persons
desiring to secure licenses after June thirtieth shall pay for such portion of
the license year remaining at the time such license is issued. Thereafter, all
renewals of licenses shall be made on June thirtieth of each year.
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(b) When the city manager, ^r his/herdesignee, in his sole discretion,
determines that there is good reason not to issue a license under this
chapter for a period of one (1) year, a license may be issued for a period of
six (6) months. At the end of the six-month period the city manager, er
his,Lher- designee, shall consider whether to renew the license for an
additional six (6) months or to June thirtieth, whichever period is shorter.
Persons licensed under this subsection shall pay only a prorated license
fee.
Sec. 5-32. Applications.
(a) Any person desiring a license under this chapter shall apply to the city
manager, or- his/her- designee, in writing and under oath. The application
shall include, but not be limited to the following:
(1) The name, residence and birth place of the applicant, and the name
and address of the employee who is to be, in fact, actively engaged
in the actual control and management of the establishment for
which the license is sought. If the applicant is a naturalized citizen,
the application shall state the place and time of naturalization.
(2) If the application is made on behalf of a partnership, the names and
addresses of all partners or.any person who has a financial interest
in the partnership, and the name and address of the employee who
is to be, in fact, actively engaged in the actual control and
management of the establishment for which the license is sought.
(3) If the application is on behalf of a corporation, the date of
incorporation, the state in which incorporated, the afneunt of paid
in eapital, the afnetint of authorized pita', the names and
addresses of the officers and directors and stockholders who hold
ten (10) per cent or more of the capital stock, including the ,,, mbe
of shares held by eaehi the name and address of the managing
officer or employee who is to be, in fact, actively engaged in the
actual control and management of the establishment for which the
license is sought.
(4) If the application is made on behalf of a limited liability company,
the date of formation, the state in which formed, the names and
addresses of the members and managers and the name and address
of the managing officer and employee who is to be, in fact,
actively engaged in the actual control and management of the
establishment for which the license is sought.
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(5) The length of time the applicant has resided in Missouri, and the
residence addresses of the applicant for the preceding five (5)
years.
(6) Affirm that the applicant, if an individual, is the person who will
be actively engaged in the actual control and management of the
establishment for which the license is sought. If the application is
on behalf of a corporation, affirm that the applicant is an officer or
director of the corporation. If the application is on behalf of a
limited liability company, affirm that the applicant is a member or
manager of the company.
(7) The name rl business .+.-1.-lress of applicant's _empleyers f tl�e
five (5) year-s meds telt' prior-to appliGati
^(8) Whether or not the applicant has been convicted of a felony.
(9) The location, place or premises for which a license is sought.
(10) The zoning district in which the proposed location is located.
(31) The type of license for which the application is made.
(12) Whether or not the applicant has had a license for the sale of
intoxicating liquor suspended or revoked, or has been convicted of
the violation of any state law or city ordinance applicable to the
manufacture or sale of intoxicating liquor, or whether the applicant
employs, or will employ in the business, any person not of good
moral character, or whose license has been revoked or suspended,
or who has been convicted of violating the provisions of any state
law or city ordinance applicable to the manufacture or sale of
intoxicating liquor.
(13) Any further reasonable information required by the city manager...,,
or his,ther .len;rrr.ee
(b) The applicant shall provide with the application his/her current criminal
record report obtained from the Missouri Highway Patrol or the Patrol's
contracted record provider, and shall also provide additional said reports
for any person who will be actively engaged in the actual control or
management of the establishment for which the license is sought. If the
application is on behalf of a partnership, said criminal record report must
be provided for each partner. If the application is on behalf of a
corporation or limited liability company, said criminal record report must
be provided for the officer, member or manager who will be in charge of
the establishment for which the license is sought.
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i
(c) Applications for license renewals should be submitted to the city manager;
no later than May 1. The city manager,—e-Aief
designee,—may allow a renewal applicant to continue the manufacture,
brewing, sale or distribution of intoxicating liquor with a temporary
license if the renewal application has been submitted to the city manager,
^„ hisher- designee, but has not been processed.
Sec. 5-33. Qualifications; Investigation.
(a) No license shall be issued to an applicant unless the applicant and the
person who is to be, in fact, actively engaged in the actual control and
management of the establishment for which the license is sought shall be
granted a license under this chapter, is of good moral character. In
determining whether an individual is of good moral character, the
individual's reputation in the community and criminal history may be
considered.
(b) No license shall be granted to any individual or managing officer who has
ever had a permit or license revoked under the liquor laws of any state or
who employs in the licensed business any person whose permit or license
has been revoked under the liquor laws of any state.
(c) 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 so long as any such employee does not directly
participate in retail sales of intoxicating liquor. Each employer shall report
the identity of any employee who has been convicted of a felony to the
city manager. ,
(d) No applicant shall be denied a license or renewal of a license issued under
this chapter solely due to one conviction for unlawful sale or supply to a
minor.
(e) The city manager, ^r his/hef designee, upon receipt of an application, shall
cause an investigation to be made of the statements in the application, the
character of the applicant, and the location and condition of the premises
to be licensed. Copies of all applications shall be forwarded to the police
department for review and comment. On each application for an original
license, the fire department, and other necessary city departments shall
investigate the health, safety and sanitation of the premises of the
applicant, and the equipment and furnishings contained in the applicant's
premises. The departments shall report the findings of the investigation to
the city manager, or- his/her- designeeAfter the original license has been
13
issued, the city manager, ^r his/her designee, may, at any reasonable time,
have the premises of the licensee investigated.
Sec. 5-34. Approval of applications.
(a) If the applicant and the person who is to be, in fact, actively engaged in
the actual control and management of the establishment for which the
license is sought, both meet all of the requirements and qualifications of
this chapter and this code and all other laws, and the city manager
his flier designee, shall grant the license if satisfied that:
(1) The location and premises are acceptable and are in compliance
with all requirements of this chapter and this code, including but
not limited to any and all health and safety requirements and laws.
(2) The applicant will conduct a clean, orderly, legitimate business for
which the application is sought.
(3) The applicant will comply with the requirements of this chapter
and all other ordinances and laws.
(4) In the case of a renewal, the business has also been conducted in
accordance with the requirements of this chapter and this code and
all other laws.
(b) No license under this chapter, other than a temporary liquor license or a
renewal license, shall be approved unless a notice of application provided
by the City has been posted by the applicant on the premises to be licensed
for at least ten (10) days after submission of the application and prior to
the grant of a license Ngo noticesrequiredwhen an applicant is seeking a
lrcense for�prem ,ses�wh�,ch,�with�n s (6) months�prior�=to the=date of
a p kation; ha e been licensed with�the�same .pe of license-VA _a les
r s�tricti.`ve�license
(c) No license under this chapter shall be approved unless the establishment to
be licensed has separate toilet facilities for men and women, which
facilities are clean, neat and in regular usable condition and will be
maintained in a clean, neat and orderly condition at all times during the
period of the license, except that package liquor stores need have only one
(1) toilet facility, and except that a restaurant-bar which has less than five
thousand (5,000) square feet of floor area and which is located entirely
within an enclosed shopping mall in a C-4 zone, shall not be required to
maintain separate toilet facilities within its licensed premises if the owner
or manager of the mall provides and maintains within the mall such
facilities which are available for use during licensee's hours of operation,
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and which are no greater than two hundred fifty (250) feet from the
licensed premises.
(d) An applicant who is not in present possession of the premises described in
his application but who has a right of possession contingent upon the
issuance of a license under this chapter and an applicant who has not
brought the premises described in his application into compliance with all
the building, health, sanitation and other code requirements of the city
may request review his application. The city manager may grant
conditional approval and issue the applicant a license once the applicant
has obtained possession of the premises and brought the premises into
compliance with all city codes.
Sec. 5-35. Denial of application; Appeal.
(a) Denial. When a license under this chapter is denied, the city manager;-er
his/her- designee, shall send a letter to the applicant stating why the license
was denied and how to appeal the denial. This letter shall be hand
delivered or sent by first class mail. A mailed letter shall be presumed
received three (3) days after it was mailed.
(b) Appeal by applicant. The applicant may appeal the denial to the liquor
license review board by mailing or delivering a written notice of appeal to
the Assistant to the City Manage C_IuefFReuiew Offcer�(CRO�)and a copy
to the city manager. The notice of appeal must be received by the difeeter
;CRO no later than ten (10) days after the applicant received the letter of
denial. The applicant may submit to the dir-eeter CRO a position
statement explaining why the applicant believes the license should be
granted. The city manager, or--h-is4ief designee, may also submit to the
dir-eete CRO a position statement explaining why the manager believes
the denial should be upheld.
(c) Right to continue operation. If an application for renewal of a license is
denied, an applicant who has filed an appeal under this section shall be
allowed to continue operating as though the license were renewed until the
liquor license review board has rendered a decision. If the board affirms
the denial of the license, the applicant shall be allowed to continue
operating as though the license were renewed until ten (10) days after
receiving the letter of denial.
(d) Appeal by neighbor. Any person residing, owning property or
maintaining a place of business within 200 feet of property upon which a
licensed establishment is located may send a letter to the city manager
objecting to the granting or renewal of a liquor license. The letter shall
state the grounds for the objection. After renewing, granting or denying
the license, the city manager, of h is/hef desig„oo, shall promptly notify the
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objecting neighbor, by first class mail, of the action taken on the
application. The notice shall be presumed received three (3) days after it
was mailed. If the license is granted or renewed, the objecting neighbor
may appeal to the liquor license review board by mailing or delivering a
written notice of appeal to the Assistant to the City Manage C1ief!Re ew
,f ce and mailing or delivering copies to the city manager and to the
licensee. The notice of appeal must be received by the direeter 'CRO no
later than ten (10) days after the objecting neighbor received the notice
that the license was renewed or granted. The objecting neighbor may
submit to the di-reeter CRO a position statement explaining why the
objecting neighbor believes the license should not be renewed. The
licensee and the city manager, or his/her designee, may also submit
position statements to the diFeete CRO.
Sec. 5-36. Liquor license review board.
A three member liquor license review board is hereby established consisting of
the Assistant to the City Manage W f4Revi- another city employee
appointed by the city manager and a member appointed by the city council to
serve a three-year term. The city manager's appointee shall be a current city
employee and shall serve at the pleasure of the city manager.
Sec. 5-37. Review of license denial.
(a) The Assistant to the r ity Manage after receiving a
notice of appeal from an applicant, shall schedule a meeting of the liquor
license review board. Before the meeting, the board members shall be
provided with copies of the letter of denial, the notice of appeal and any
documentation and position statements provided by the city manager;-or
his4ier designee, and the applicant pertaining to the license denial. The
board may allow the city manager, g.. hisAieF designee, and the applicant
or the applicant's representative to explain their positions to the board at
the meeting. The board may either affirm the denial of the license or
direct the city manager to grant the license. The license, in the board's
discretion, may be for less than the full period of time ending on June 30.
In that case, the licensee shall pay only a prorated license fee. If the board
affirms the denial, it shall set forth the grounds for denial in a letter to the
applicant. The letter shall be hand delivered or sent by first class mail. A
mailed letter shall be presumed received three (3) days after it was mailed.
(b) The Assistant to the City Man goCh of Re��ewOfficer, after receiving a
notice of appeal from an objecting neighbor, shall schedule a meeting of
the liquor license review board. Before the meeting, the board members
shall be provided with copies of the letter of objection, the notice of appeal
and any documentation and position statements provided by the objecting
neighbor, the city manager, or his/her designee-, and the licensee. The
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board may allow the objecting neighbor, the city manager, of his/hef
designee, and the licensee or the licensee's representative to explain their
positions to the board at the meeting. The board may either affirm the
renewal or granting of the license or deny the license. The license, in the
board's discretion, may be for less than the full period of time ending on
June 30. In that case, the licensee shall pay only a prorated license fee.
The board shall set forth the grounds for its decision in a letter to the
objecting neighbor and the licensee. The letter shall be hand delivered or
sent by first class mail. A mailed letter shall be presumed received three
(3) days after it was mailed.
(c) A decision of the liquor license review board to deny a license may be
appealed by the applicant to the city council. A written notice of appeal
must be received by the city manager no later than ten (10) days after the
applicant received the letter from the liquor license review board denying
the license. The city council shall only review an appeal made from a
denial of a license. The city council shall act upon the notice of appeal
after its receipt at the next regularly scheduled city council meeting. If the
appeal request is received less than two (2) full working days prior to a
regularly scheduled council meeting, the appeal shall be delayed to the
following regularly scheduled council meeting.
Sec. 5-38. License issuance.
On approval of the application for a license under this chapter, the city manager,
mer designees shall issue the applicant a license to conduct business at the
location specified in the application for the period set forth in this chapter. Every
license issued under this chapter shall set forth the type of license granted and
shall particularly describe the premises at which intoxicating liquor may be sold
and the license shall not authorize or permit the sale of intoxicating liquor at any
other place.
Sec. 5-39. Standards of conduct.
The standards set forth in this section shall be considered in determining whether
a license under this chapter should be renewed, suspended or revoked. In
conducting business on the licensed premises, a licensee and the licensee's agents
and employees shall:
(a) Prevent or suppress any violent quarrel, disorder, brawl, fight or other
unlawful conduct of any person on the premises. As used in this section,
"premises" includes the licensed premises and the parking lots and areas
around the business which are owned, used or maintained as part of the
business.
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(b) Immediately report to the police any illegal or violent act committed on
the premises when the licensee or the licensee's employee knew or should
have known that the act occurred on the premises.
(c) Cooperate fully with law enforcement authorities during an investigation
of an illegal or violent act committed on the premises.
(d) Operate the business in such a manner that it does not constitute a
nuisance.
(e) Take appropriate and necessary steps to supervise the outdoor area of the
premises including keeping the area free from litter and preventing the
parking area from becoming a gathering place for customers of the
business.
(f) Comply with all provisions of this chapter and this code.
(g) Comply with all state and federal law, including all rules and regulations
pertaining to the sale and licensing of intoxicating liquor.
Sec. 5-40. Fees.
(a) Generally. A separate license is required for each place of business and the
license fees set forth in this section shall be paid annually.
(b) Manufacturers of malt liquors. The fee for manufacturing of intoxicating
malt liquor containing not more than five (5) percent of alcohol by weight
shall be three hundred fifty dollars ($350.00). The license provided for in
this subsection shall entitle the manufacturer to distribute such malt liquor
as a wholesaler, but shall not include the right to sell as a retailer.
(c) Distillers, manufacturers of intoxicating liquors. The fee for manufacturers
or distillers of intoxicating liquors containing alcohol in excess of five (5)
percent by weight shall be five hundred dollars ($500.00).
(d) Wholesalers and distributors of malt liquor. The fee for distributors or
wholesalers of intoxicating malt liquors not in excess of five (5) percent
alcohol by weight shall be one hundred fifty dollars ($150.00).
(e) Wholesalers and distributors of liquor. The fee for wholesalers and
distributors of liquor shall be as follows:
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(1) Distributors or wholesalers of intoxicating liquor containing not in
excess of twenty-two (22) percent of alcohol by weight, three
hundred dollars ($300.00).
(2) Distributors or wholesalers of intoxicating liquor of all kinds,
seven hundred fifty dollars ($750.00).
(f) Retailers of liquor by drink not more than five (5) percent. The fee for
retailers selling intoxicating liquors in the original package or for
consumption on the premises shall be fifty-two dollars and fifty cents
($52.50).
(g) Retailers of liquor over five (5) percent. The fee for retailers selling
intoxicating liquors with an alcoholic content of more than five (5) percent
by weight for consumption on the premises where sold shall be four
hundred fifty dollars ($450.00). The license issued under this subsection
includes the right of sale in the original package, provided, such original
package shall not be opened and the contents thereof consumed on the
premises where sold; and shall include the right to sell intoxicating liquor
with an alcoholic content of five (5) percent or less by weight, by the drink
or in the original package.
(h) Retailers of package liquor. The fee for retailers selling intoxicating
liquors containing alcohol in excess of five (5) percent by weight, in the
original package, not to be opened or consumed on the premises where
sold shall be one hundred fifty dollars ($150.00). No such license shall be
issued 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.drugstore,
cigar and tobacco store, grocery store, general merchandise store,
confectionery, or delicatessen store, nor shall such license be issued to any
person who does not have and keep in his 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. The fee for a special license
to sell intoxicating liquor in the original package at retail between the
hours of 9:00 a.m. and midnight on Sundays shall be three hundred dollars
($300.00).
(i) Restaurant-bar. A restaurant-bar means any establishment having a
restaurant or similar facility on the premises whereby at least fifty (50)
percent of the gross income of the restaurant or similar facility is derived
from the sale of prepared meals or food consumed on such premises and
where the person operating possesses the qualifications required by this
chapter to sell intoxicating liquor. A restaurant bar also means any
establishment whose business building contains a square footage of at
least ten thousand (10,000) square feet, and where games of skill
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commonly known as bowling are usually played and which has annual
gross receipt of at least two hundred thousand dollars ($200,000.00) of
which no more than fifty (50) percent may be derived from the sale of
alcoholic beverages. Such person in addition to other licenses permitted by
this chapter may secure a license to sell intoxicating liquor, by the drink
only between the hours of 11:00 a.m. and 12:00 midnight on Sunday, by
paying in addition to all other fees required by laws of such restaurant-bar,
an additional fee of three hundred dollars ($300.00) a year payable at the
same time and in the same manner as its other license fees. However, such
license shall not authorize the sale, in the original package, of intoxicating
liquor.
(j) Wine tasting license. Notwithstanding any other provisions of this chapter
to the contrary, any person possessing the qualifications and meeting the
requirements of this chapter, who is licensed to sell intoxicating liquor in
the original package at retail may apply for a special permit to conduct
wine tastings on the licensed premises. The fee for a special license to
conduct wine tastings shall be thirty-seven dollars and fifty cents ($37.50).
(k) Caterers, temporary. Temporary caterers for each calendar day, or fraction
thereof, for which the permit is issued shall pay a fee of ten dollars
($10.00).
(1) Amusement places. Notwithstanding any other provisions of this chapter
to the contrary, any person who possesses the qualifications required by
this chapter, and who now or hereafter meets the requirements of and
complies with the provisions of this chapter, may apply for, and the city
manager, of his/her designee, may issue, a license to sell intoxicating
liquor, as in this chapter defined, between the hours of 9:00 a.m. and
midnight on Sunday by the drink at retail for consumption on the premises
of any amusement place. As used in this section the term "amusement
place" means any establishment whose business building contains square
footage of at least six thousand (6,000) square feet, and where games of
skill commonly known as billiards, volleyball, indoor golf, bowling or
soccer are usually played, and which has annual gross receipts of at least
two hundred thousand dollars ($200,000.00) of which no more than fifty
(50) percent may be derived from the sale of alcoholic beverages. In
addition to all other fees required by this chapter, an amusement place
shall pay an additional fee of three hundred dollars ($300.00) a year,
payable at the same time and in the same manner as its other fees.
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Sec. 5.4 1. Changing location of establishment; license transfer; renewal.
(a) No licensee under this chapter shall move the location of the licensed
establishment without the express approval of the city manager.
his/her- .a *-
(b) No license issued under this chapter shall be transferred from one person
to another, nor shall such license be used at any place except on the
premises for which such license is issued, and the proper license shall be
procured for each place of business for which a state license is required.
(c) Each license granted under the provisions of this article shall be renewed
each year and the same procedure followed for the granting of an original
license shall be followed for each renewal. Applications for renewal,
together with all information required to be submitted therewith as in the
case of original applications must be submitted to the city manager
h is,ther designee, at least sixty (60) days before the license expires, in
order to give the city manager, or his/her designee, adequate time to
process such application for renewal. All applications for renewal will be
treated on the same basis as if an original application, and the same
investigation required of an original applicant will be made for each
application for renewal.
(d) In the event the managing agent of a corporation is discontinued during
the time for which a license has been issued to such managing agent of a
corporation, the corporation shall within seven (7) days thereafter appoint
a new managing agent and notify the city manager, er his)he- designee, of
the city of such appointment. Upon the receipt of notification by the city
manager, , of such new appointment, the license issued
to such corporation will remain in full force and effect for sixty (60) days
from the date of receipt of the notice of appointment of the new managing
agent. Within seven (7) days after the receipt of notice of appointment of
the new managing agent, such new agent shall apply for an application for
and on behalf of the corporation for the remaining period for which the
original license was issued, and submit such application to the city
manager, , as if it were an original application, and the
same procedure shall be followed in processing such application for the
new managing agent as if it were an original application. In the event the
application is approved, the license will continue for the balance of the
term for which it was originally issued.
Sec. 5-42. Suspension or revocation of license.
(a) Suspension or revocation. The city manager, of his/her designee, may
suspend or revoke the license of any licensee under this chapter who has
failed to meet the standards of conducting business set forth in this chapter
21
or who has made any false, misleading or fraudulent statement in the
license application. Whenever a license holder under this chapter shall be
closed for business for over thirty (30) consecutive calendar days, the
license holder's license shall be subject to suspension or revocation upon
notification by the city manager. , or h is4ier- designee.
(b) Notice of suspension or revocation. The city manager, or his/her designee,
shall suspend or revoke a license issued under this chapter by sending
notice of the suspension or revocation to the licensee by first class mail or
by personal service on the licensee or the person in charge at the licensed
premises. Mailed notice shall be presumed received three (3) days after it
is mailed. The notice shall contain:
(1) A statement of the grounds for the suspension or revocation.
(2) The effective date of the suspension or revocation, which shall be
at least ten (10) days after the notice is received.
(3) In the case of a suspension, the length of the suspension.
(4) Instructions on how to appeal the suspension or revocation.
(c) Appeal to liquor license review board. The licensee may appeal the
suspension or revocation by requesting a hearing before the liquor license
review board. The appeal must be in writing, addressed to the Assistant
the Gity Chief Review Officer and received by the Assistant to
the, �''�aiager b _hief:RevlewKOfficer within ten (10) days after the
notice of suspension or revocation was received. Receipt of an appeal by
the Assistant to—the—City Manage Chief���Reuiew; Officer shall
automatically stay enforcement of the suspension or revocation. The
hearing shall be conducted in the same manner as under Section 5-37 of
this Code.
ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the
provisions of this ordinance shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to
accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage
and approval. However, for applications already in process on the effective date of this
Ordinance, only the new Sections 5-31 and 5-34 through 5-38 shall apply. The other provisions
22
of Chapter 5 in effect immediately prior to the effective date of this Ordinance shall continue to
apply on all such pending applications.
PASSED AND APPROVED THIS �C� DAY OF , 20
Harry E. Re Iger, Mayor
ATTEST:
&IJ
Gayl . Conrad .
City Jerk ✓:,`}. !I `I'
23