HomeMy WebLinkAboutOrd.4155.09-20-2010 BILL NO. 10-117 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU
BY ADDING A NEW SECTION 5-48 ENTITLED
"CONSUMPTION LIQUOR LICENSE"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
Article 1 . There is hereby enacted a new Section 5-48 to
Chapter 5 of the Code of Ordinances of the City of Cape
Girardeau entitled "Consumption Liquor License" in words and
figures, to read as follows :
Sec . 5-48 . Consumption liquor license; license
required; regulations; penalties;
exceptions .
(a) It shall be unlawful for any person operating any
premises where food, beverages or entertainment
are sold or provided for compensation, who does
not possess a license for the sale of
intoxicating liquor, to permit the drinking or
consumption of intoxicating liquor in the
premises, without having a license as in this
section provided.
(b) Application for such license shall be made to the
city manager on forms to be prescribed by him,
describing the premises to be licensed and giving
all other reasonable information required by the
form. The license shall be issued upon the
payment of the fee required in this section after
complying with the process for city council
approval set forth in this Article . A license
shall be required for each separate premises and
shall expire on the thirtieth day of June next
succeeding the date of such license . The license
fee shall be three hundred dollars per year and
the applicant shall pay twenty-five dollars for
each month or part thereof remaining from the
date of the license to the next succeeding first
of July. Applications for renewals of licenses
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shall be filed on or before the first of May of
each year.
(c) The drinking or consumption of intoxicating
liquor shall not be permitted in or upon the
licensed premises by any person under twenty-one
years of age, or by any other person between the
hours of 1 : 30 a.m. and 6 : 00 a.m. on any weekday,
and between the hours of 1 : 30 a.m. Sunday and
6 : 00 a.m. Monday. Licenses issued hereunder shall
be conditioned upon the observance of the
provisions of this Chapter and the regulations
promulgated thereunder governing the conduct of
premises licensed for the sale of intoxicating
liquor by the drink. The provision of this
section regulating the drinking or consumption of
intoxicating liquor between certain hours and on
Sunday shall apply also to premises licensed
under this chapter to sell intoxicating liquor by
the drink. No person shall be granted a license
hereunder 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.
(d) Any premises operated in violation of the
provisions of this section, or where intoxicating
liquor is consumed in violation of this section,
is hereby declared to be a public and common
nuisance, and the city manager and the city
attorney shall have the authority to prosecute
such violation in municipal court and to enjoin
such nuisance .
(e) Any person operating any premises, or any
employee, agent, representative, partner, or
associate of such person, who shall knowingly
violate any of the provisions of this section, or
any of the laws or regulations herein made
applicable to the conduct of such premises, is
guilty of a misdemeanor.
(f) The city manager is hereby empowered to revoke or
suspend any license issued hereunder for
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violation of this section or any of the laws or
regulations herein made applicable to the conduct
of premises licensed hereunder.
(g) 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 other provisions of this
Chapter to a person licensed to sell the
intoxicating liquor at retail .
(h) No intoxicating liquor may be served or sold on
any premises used as a polling place on election
day.
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 .
PASSED AND APPROVED this IZZA day of ,
2010 .
Harry E. Feediger, Mayor
ATTEST:
Gayle Conrad, Cit er M
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