Loading...
HomeMy WebLinkAboutCityMgrForm.109.01-04-1967CITY MANAGER FORM ORDINANCE NO. WHEREAS, Chapter 33 of the general ordinances of the City of Cape Girardeau set out the regulations for the general sale and use of intoxicating liquor and axon -intoxicating beer, and WHEREAS,, such Chapter 33 of said general ordinances from time to time since its original enactment has been modified and the Council now desires to modify Chapter 33 in whole, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, That Chapter 33 of the general ordinances of the City of Cape Girardeau and all modifications and additions thereto are hereby repealed, and the following ordinance enacted in lieu thereof. SECTION 1. LIQUOR REGULATIONS. 33. 01 DEFINITIONS. A. The term intoxicating liquor as used in this chapter means alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors, or combination of liquors, a part of which is spirituous, vinous, fermented, and all preparations or mire for beverage purposes, containing in excess of 3. 2 per cent of alcohol by weight. B. The term distributor or wholesaler as used in this chapter means a person selling intoxicating liquor to retailers for resale. C. The term person as used in this ordinance shall mean and include any individual., association, joint stock company, syndicate, co -partnership, corporation, receiver; trustee, conservator or other officer appointed by any state or federal court,. 33. 02. LIQUOR LICENSE, REQUIRED. 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 Page Two - 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 year from June 30, of each year, and persons desiring to secure licenses after June 30 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 30, of each year. 33, 03 APPLICATION FOR LICENSE. A. All applications for a license under the provisions of this chapter shall be made in writing on proper forms to the Council and shall state specifically whether the license is for a distiller, brewer, wholesaler, or distributor, and in the case of a retailers 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 consumption on the premises where sold. B. 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 application shall state the name and address of each officer and the members of the Board of Directors and each stockholder who owns ten per cent (1011) or more of the issued stock of the corporation. C. All applications shall be accompanied by an exact financial statement for the preceding calendar or fiscal year of the applicant. Such financial statement - Page Three - shall include a detailed statement of the assets and liabilities of the applicant. Such application shall also have attached to it the address or location of the place where applicant intends to sell alcoholic beverages. De No license shall be granted at the same meeting of the Council at which the application is first presented, but the application shall; after presentation to the council, be referred by the Mayor to the Police Depart- ment for investigation. The Police Department shall make a report as soon as may be possible to the Council, which report shall set forth the criminal record of the applicant, including the Federal Bureau of Investi- gation 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, the Council may take action upon the application. No license for the sale of packaged liquor shall be granted ?unless the applicant maintains an inventory of other commodities having a value of nes less than $1. 000. ®D and supplies a copy of such inventory with the application, 33.046 QUALIFICATIONS OF APPLICANT FOR. LICENSE. No person shall be granted a license under the provisions of this chapter unless such person is of good moral character and a qualified legal voter and tax -paying citizen of the city, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation has the above mentioned qualifications; 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 ratifi- cation of the Twenty -First Amendment to the Constitution of the United States, - Page Four - of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs in his business as such dealer any person whose license has been revoked or who has been convicted of violating the provisions of any law since the date aforesaid. 33. 05 LICENSE FEES. A separate license is required for each place of business and the following license fees shall be paid annually: A. Manufacturers of Malt Liquors. Manufacturers of intoxicating malt liquor containing not more than 5 per cent of alcohol by weight; $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 retailers S. Distillers. Manufacturers okdistillers of intoxicating liquors containing alcohol in excess of 5 per cent by weight; $500.. 00. C. Wholesalers of Malt Liquor. Distributors or wholesalers of intoxicating malt liquors not in excess of 5 per cent alcohol by weighty $150.00. D. Wholesalers of Liquors Distributors or wholesalers of intoxicating liquors containing in excess of 5 per cent alcohol by weight, $750. 00. E. Retailers of Malt Liquor by Drink -- Under 3. 216. Retailers of malt liquor not in excess of 3. 2 per cent by w6ight in the original package or for consumption on the premises; $37. 50. F. Retailers of Malt Liquor by Drink -- Under 5%. Retailers selling intoxicating malt liquors with an alcoholic content of more. than 3. 2 per cent by weight and not more than 5 per cent by weight in the original package or for consumption on the premises; $52. 50. G. Retailers of Packaged Dalt Liquor -- Under 516. Retailers selling Page Five - intoxicating malt liquor with an alcoholic content of more than 3. 2 per cent by weight and not more than 5 per cent by weight, in the original package direct to the consumer, and not for consumption on lie premises where sold; $22. 50. The term "original package" refers to any package containing three or more standard bottles of beer, This license also permits the holder thereof to sell non -intoxicating beer in the original package direct to the consumer but not for resale. H. Retailers of Liquor -- Under and Over 51o. Retailers selling intoxicating liquors with an alcoholic content of more than 5 per cent by weight for consumption on the premises where sold; $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 5 per cent or less by weight, by the drink or in the original package. L Retailers of Packaged Liquor -- Over 501o. Retailers selling intoxicating liquors containing alcohol in excess of 5 per cent by weight, in the original package, not to be opened or consumed on the premises where sold; $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 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 $1, 000. 00 exclusive of fixtures and intoxicating liquors. 33. 06 LICENSE FOR CONSUMPTION OF LIQUOR IN RESTAURANT. - Page Six - 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, on or about said premises between 10:00 p m. and 8:00 a. m, the following day, without having a license as in this section provided - B. The license fee shall be $200. 00 per year to be issued from the 30th day of June of each year as provided in Section 32. 02. a The drinking or consumption of intoxicating liquor shall not be permitted in, upon or about the licensed premises by any person under 21 years of age at any time, or by any other person between the hours of '1:30 a. m. and 8:00 a, me on any creek day, or between the hours of 12:00 midnight Saturday and 12:00 midnight Sunday, or on the day of any general, special or primary election in this state, or upon any county, township, city, town, or municipal election day when candidates for public office are to be elected during the hours the polls are legally open, as provided in Section 32. 07. 33. 07 DRUGGISTS. Regularly licensed drug stores may be lawfully in possession of intoxicating liquor, to be used in connection with the business of a druggist in compounding medicines, or as a solvent or preservative, without being subject to the provisions of this chapter; but any druggist or drug- store operator desiring to sell intoxicating liquors; either for consumption on the premises, or in the original package not to be consumed on the premises, shall procure the proper license therefor and be subject to the provisions of this chapter in all matters relating to the location, license fees to be paid, and hours at which such intoxicating liquor may be sold. - Page Seven - 33. 08 LIMIT OF NUMBER OF LICENSES. A. A license for the sale of intoxicating liquor at retail in the original package may be granted in accordance with the other provisions of this chapter for each two thousand persons or major fraction thereof who are residents of the City of Cape Girardeau. A license for the sale of intoxicating liquor by the drink may be granted in accordance with the other provisions of this chapter for each one thousand persons or major fraction thereof who are residents of the City of Cape Girardeau. The number of residents of the city shall be determined by United States census. 33. 09 GRANTING OF LICENSE.. On approval of the application by the Council and payment of the license tax herein provided, the City Clerk shall grant the applicant a license to conduct business at the specified location in the city for a period set forth in Section. 32.. 0L 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 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 chapter shall be permitted to move the location of his establishment as pertains to the sale of intoxicating liquor without the express approval of the Council. nor shall any license be issued unless the licensee is in present possession of the premises described in his application., at the time applicant's application is presented to the Council. No license shall be granted unless the applicant or the corporation and the managing officer thereof have submitted to the Council a financial statement of the applicant, satisfactory to the Councils that appli- cant is financially able to carry out the enterprise for which. he is se&'king an application; or unless the location of applicant's proposed establishment wherein he will sell intoxicating liquors is acceptable to_ the Council; and unless the said location of applicant has been inspected and approved by the City Health Officer as conforming to all of the general health and sanitation require - menu of the City of Cape Girardeau; and unless such establishment has separate toilet facilities for men and women, which facilities are clean, neat and in - Page Eight -- regular usable condition and are continued to be maintained in a clean and neat and orderly condition at.all tunes during the issuance of the license; except that package liquor stores need have only one toilet facility; and unless the Council is satisfied that applicant will conduct a clean, orderly, legitimate business for which the application is sought. No corporate licensee nor the managing agent of such corporation shall be granted a license under the provisions of this chapter unless the managing officer is a stockholder of the corporation and is a member of the Board of Directors or is actively engaged in the management of the corporate business. 33. 10 LICENSE NOT TRANSFERABLE. No license issued under the provisions of this chapter shall be transferred from one person to another, nor shall the license be used at any place except on the premises for which said license is issued; and a proper license shall be procured for each place of business for which a state license is required. 33. 11 UNAUTHORIZED SALES.. A. No person shall sell intoxicating liquor in the original package, or at retail by the drink for consumption on the premises where sold, in a place commonly known as a "saloon", nor in any building or room where there are blinds, screens, swinging doors, curtains, stained or painted windows, or any other things in such building or room that will obstruct or obscure the interior of such room from public view. B. The holder of any license issued under the provisions of this chapter for the sale of intoxicating liquor at retail by the drink for consumption on the premises where shold shall not keep or secrete, or allow any other person to keep or secrete in or upon the premises described in such license, any intoxicating liquor other than the kind expressly authorized to be sold under such license, 33.12 HOURS OF SALE. No person having a license issued under the Page Nine - provisions of this ordinance nor any employee of such person shall sell,, gig 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 A. M. and 8,00 A. M. on week days and between the hours of 12:00 o'clack midnight Saturday and 12:00 o'clock midnight Sundays or after 1:30 A. M. upon the day of any general, special or primary election in this State at which candidates for public office are elected or nominated, or after 1:30 A. M. upon the day of any county, township, city, town or municipal election at which candidates for public office are elected or nominated, and if said person has a license to sell intoxicating liquor by the drink, his premises shall be and remain a closed place as defined in this section after 1:30 A. M, upon the day of any general, special, or -.;primary election in this state at which candidates for public office are to be elected or nominated, or after 1:30 A. M. upon the day of any county, township, city, town or municipal election at which candidates for public office are to be elected or nominated and between the hours of 1:30 A. M. and 8:00 A. M. on week days and 12:00 o'clock midnight on Saturday and 12:00 o'clock midnight on Sunday, except that the sale of intoxicating liquor may be resumed and the premises reopened on any such election day after the expiration of 30 minutes next following the hour or time fixed by law for the closing of polls at any such election.. where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels, this section shall apply only to the room or rooms in which intoxicating liquor is dispensed. A closed place is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises. This subsection shall apply to those licensees holding a license to sell malt liquor containing alcohol in excess of 3. 2 per cent by weight only. 33.14 LIQUOR SALES PROHIBITED. No person or his employees - Page Ten T shall sell or supply intoxicating liquor or permit same to be sold or supplied to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor. Intoxicating liquor shall not be given, sold or otherwise supplied to any person under the age of 21 years, but this shall not apply to the supplying of intoxicating liquor to a person under said age for medicinal purposes only, or by the parent or guardian of such person or to the administering of said intoxicating liquor to such person by a physician. No person under the age of 21 years shall sell or assist in the sale of dispensing of intoxicating liquors. 33.15 LIQUOR SOLD NEAR SCHOOL OR CHURCH. No license shall be granted for the sale of intoxicating liquor as defined in this ordinance within two hundred feet of any school, church, or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing of the Board of Directors of the School, or the consent in writing of the majority of the managing board of the church or place of worship. The word church shall mean a church building erected and maintained as a church building, and in which services are regularly held. The mere holding of religious services in any building not built and constructed as a church building shall not bring the building within the definition of a .church. When a school church or place of worship shall hereafter be established within two hundred feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for lack of consent in writing as herein provided. The two hundred feet restriction set out herein shall be measured from that portion of the licensee's building which is nearest to the said school or church building and is measured from building to building and not from lot to lot or lot to building. - Page Eleven - 33. 16 . WINDOW DISPLAY OF LIQUOR. No person shall display in any street window or show window any intoxicating liquor or any package, bottle, or container bearing the label or brand of any intoxicating liquor. 33.17. POSSESSION OF INTOXICATING LIQUOR.. No person shall possess intoxicating liquor within the city, unless it has been acquired from some person holding a duly authorized license to sell intoxicating liquor under this chapter, or unless the intoxicating liquor is had or kept with the written or printed permission of the State Supervisor of Liquor Control, and the package in which the intoxicating liquor is contained and from which it is taken for consumption has, while containing intoxicating liquor, benn labeled and sealed with the official seal prescribed under the state law and the regulations made thereunder. Nothing in this chapter pro- hibits the natural fermentation of fruit juices in the home for the exclusive use of the occupants of the home and their guests. 33.18 PUBLIC CONSUMPTION OF LIQUOR. No intoxicating liquor shall be drunk, consumed or publicly exhibited, in a public dining room, lunch room, soda fountain, or any place where meals or lunches and soft drinks are served or where the owner or owners, or manager or managers exhibit in the premises signs or placards to the effect that intoxicating liquor may not be drunk in or about the premises. Such signs or placards shall be of sufficient size and in sufficient number to be easily discernible to the general public. 39.19 GAMBLING DEVICES PROHIBITED. The operating or possession of any gambling device in or about the premises where intoxicating liquor is sold either in the original package or for consumption on the premises where sold shall be grounds for suspension or revocation of the license, and no licensee shall permit any gambling device to be set up or used in or about his premises. - Page Twelve - 39. 20 LICENSES. No person or corporation nor any employee, officer, agent, subsidiary or affiliate thereof shall have more than three licenses, nor be directly or indirectly interested in any business of any other person or cor- poration or of any employee, officer, agent, subsidiary or affiliate thereof to sell intoxicating liquor at retail by the drink for consumption on the premises described in any such license, nor shall any such intoxicating liquor be sold at retail by the drink for consumption at the place of sale at more than three places in the City of Cape Girardeau by any person or corporation or by any employee, officer, agent, subsidiary or affiliate thereof. 39. 21. RENEWAL OF LICENSE.. Each license granted under the provisions of this chapter 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 Council at least 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 can 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. L 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 7 days thereafter appoint a new managing agent and notify the Clerk of the City of Cape Girardeau of such appointment. Upon the receipt of notification by the City Clerk of such neva appointment, the license issued to such corporation will remain in full force and effect for 60 days from the date of receipt of the notice of appointment of the new managing agent. Within. seven - Page Thirteen - 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 said application to the Council as if it were an original application, and the same procedure shall be followed by the Council in processing such application for the new managing agent as if it were an original application, a the event the application is approved, the license will continue for the balance of the term for which it was originally issued. 39. 22 INSPECTION. The Council, the City manager, the Chief of Police and the Health Officer and their designated agents and employees shall have the right at any time to inspect the premises wherein alcoholic beverages are being sold under a license issued under the provisions of this ordinance. Upon request by any of such persons, the person or persons to whom a license is issued under the provisions of this ordinance or those in their employ, shall at all times allow said persons to inspect the premises and shall show them their stock of goods and any room or place on the premises that they desire to inspect. The Chief of Police or those who may be instructed by the Council and the City Manager shall make periodic inspection of all establish- ments wherein a license to sell alcoholic beverages has been issued to determine whether or not the provisions of this ordinance are berg met and the standards of health, orderlyness and cleanliness are being maintained. The Health Inspector shall also make periodic inspections for the same purposes, with the exception that he shall pay particular attention to the general sanitary conditions of such establishments. All of such persons shall male periodic reports to the Council and to the City Manager of their findings upon such inspection, and the Council shall have the authority to act thereon as a result of such findings in accordance with the provisions of this ordinance. - Page Fourteen - 33. 20 SUSPENSION OR REVOCATION OF LICENSE. The Council may on hearing suspend or revoke any license issued under the provisions of this chapter whenever a dealer licensed hereunder has not at all tunes kept a clean and orderly place or house, or has violated any of the provisions of this chapter, first having given such licensee not less than ten 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 ground or grounds for such suspension or revocation set out therein and shall command the licensee to be present at the regular meeting or called niaeting 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 said 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 copytherebf with the licensee, or any person or employee in charge of the place of business of said licensee.. Upon the suspension or revocation of any license, no license fee paid shall be refunded to the licensee.. SECTION 2. This ordinance shall be in full force and effect ten days after its passage and approval. Passed and approved this `4 day of January, 1967. Mayor Att st. City 'Clerk