Loading...
HomeMy WebLinkAboutOrd.5428.08-02-2021 BILL NO. 21-106 ORDINANCE NO. 028 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 . Section 5-1, entitled "Definitions", of Article I of Chapter 5 of the City Code, 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: Chief review officer means the presiding member of the liquor license review board, whose duties are described in article II of this chapter. City manager means the current city manager of the City of Cape Girardeau, Missouri, or his/her designee. 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. h@ff@b EGRGIffla@d1 IR 2@, oats'@t4 and a new Section 5-1, entitled "Definitions", of Article I of Chapter 5 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: 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 officer means the presiding member of the liquor license review board, whose duties are described in article II of this chapter. City manager means the current city manager of the City of Cape Girardeau, Missouri, or his/her designee. 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 . Microbreweries means a business whose primary activity is the brewing and selling of beer, with an annual production of ten thousand barrels or less . 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 . Wine or brandy manufacturer means any person, partnership, association of persons, or corporation who manufactures in excess of two hundred gallons of wine or brandy per calendar year. ARTICLE 2 . Section 5-40, entitled "Fees", of Article II of Chapter 5 of the City Code, reading as follows : 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; Delivery. The fee for wholesalers and distributors, and for delivery, 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) . (2) Distributors or wholesalers of intoxicating liquor of all kinds, seven hundred fifty dollars ($750 . 00) . (3) Delivery of intoxicating liquor of all kinds, and not included in any other license, fifty dollars ($50 . 00) (f) Retailers of liquor by drink not more than five (5) percent and light wines. The fee for retailers selling intoxicating liquors with an alcoholic content of not more than five (5) percent by weight in the original package or for consumption on the premises, and for light wines containing not in excess of fourteen (14) percent of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink for consumption on the premises where sold, 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 . (i) Sunday sales. In addition to any other fee established pursuant to the terms of this section, any person possessing the qualifications and meeting the requirements of this chapter, who is licensed to sell intoxicating liquor at retail, may apply for a special license to sell intoxicating liquor at retail between the hours of 9 : 00 a.m. and midnight on Sundays, for 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 . (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) Special caterers ' license. The fee for a special caterers ' license shall be as follows : (1) Fifty (50) day maximum, five hundred dollars ($500 . 00) (2) Unlimited per year, one thousand dollars ($1, 000 . 00) 1 ; 11@Fs'4gS Le©eaL@ 1 la Ltc3 ®ft g@ y and a new Section 5-40, entitled "Fees", of Article II of Chapter 5 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: 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. (1) The fee for manufacturers or microbreweries of beer containing alcohol in excess of five percent (5%) by weight shall be five hundred dollars ($500) . (2) The fee for wine or brandy manufacturers, not in excess of eighteen percent (18%) of alcohol by weight for wine, or not in excess of thirty-four percent (34%) for brandy shall be three hundred dollars ($300) . (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; Delivery. The fee for wholesalers and distributors, and for delivery, 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) . (2) Distributors or wholesalers of intoxicating liquor of all kinds, seven hundred fifty dollars ($750 . 00) . (3) Delivery of intoxicating liquor of all kinds, and not included in any other license, fifty dollars ($50 . 00) (f) Retailers of liquor by drink not more than five (5) percent and light wines. The fee for retailers selling intoxicating liquors with an alcoholic content of not more than five (5) percent by weight in the original package or for consumption on the premises, and for light wines containing not in excess of fourteen (14) percent of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink for consumption on the premises where sold, 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 . (i) Sunday sales. In addition to any other fee established pursuant to the terms of this section, any person possessing the qualifications and meeting the requirements of this chapter, who is licensed to sell intoxicating liquor at retail, may apply for a special license to sell intoxicating liquor at retail between the hours of 9 : 00 a.m. and midnight on Sundays, for 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 . (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) Special caterers ' license. The fee for a special caterers ' license shall be as follows : (1) Fifty (50) day maximum, five hundred dollars ($500 . 00) (2) Unlimited per year, one thousand dollars ($1, 000 . 00) ARTICLE 3 . 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 4 . 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 5 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND ' ,Jf.C`. THIS c.2.- DAY OF ,4{{_g0,SLT , 2021 . % c.J t�`4 �i {t; ,q ,%%yy i ilA ' ;', r-9/ ' -� , A u'' :ob Fox, Ma or _ `jj� 'O' y ATTEST: �STBrE . .i. ..,, ,� UNI CDN Ar ,��'h ��pp 1:: *-----/_i itid aotAfa 2,2 ,,,,,,,,,,,,,,,, 2 Gayl . Conrad, City Clerk