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HomeMy WebLinkAboutOrd.1649.11-21-1994 BILL NO. 94-295 ORDINANCE NO. � r AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, PERTAINING TO ALCOHOLIC BEVERAGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 5-2 (a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 5-2. Hours of sale. (a) No person having a license under this chapter, nor any employee of such person, shall sell, give away or otherwise dispose of, or suffer the same to be done upon or about his premises, any intoxicating liquor in any quantity between the hours of 1: 30 a.m. and 6: 00 a.m. on weekdays and between the hours of 1: 30 a.m. Sunday and 6: 00 a.m. Monday; except, however, notwithstanding the provisions of this Code to the contrary, any person possessing the qualifications and meeting the requirements of this ordinance, who is licensed to sell intoxicating liquor in the original package at retail pursuant to section 5-40 (j) of this Code of Ordinances, may apply to the city manager for a special license to sell intoxicating liquor in the original package at retail between the hours of 1: 00 p.m. and midnight on Sundays. is hereby repealed in its entirety and a new Section 5-2 (a) is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: Sec. 5-2 . Hours of sale. (a) No person having a license under this chapter, nor any employee of such person, shall sell, give away or otherwise dispose of, or suffer the same to be done upon or about his premises, any intoxicating liquor in any quantity between the hours of 1: 30 a.m. and 6: 00 a.m. on weekdays and between the hours of 1: 30 a.m. Sunday and 6: 00 a.m. Monday; except, however, notwithstanding the provisions of this Code to the contrary, any person possessing the qualifications and meeting the requirements of this ordinance, who is licensed to sell intoxicating liquor in the original package at retail pursuant to section 5-40 (j) of this Code of Ordinances, may apply to the city manager for a special license to sell intoxicating liquor in the original package at retail between the hours of 11: 00 a.m. and midnight on Sundays. ARTICLE 2. Section 5-40(j) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Retailers of Package Liquor Over 5�" , reading as follows: Sec. 5-40. Fees. (j) Retailers of package liquor over 5% . 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 1: 00 p.m. and midnight on Sundays shall be three hundred dollars ($300. 00) . is hereby repealed in its entirety and a new Section 5-40 (j ) entitled "Retailers of Package Liquor Over 5%" is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: Sec. 5-40. Fees. (j) Retailers of package liquor over 5% . 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 11: 00 a.m. and midnight on Sundays shall be three hundred dollars ($300. 00) . ARTICLE 3 . Section 5-2 (g) of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby repealed in its entirety. 2 . ARTICLE 4 . Section 5-40(m) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Supplemental Licenses" is hereby repealed in its entirety and a new Section 5-40 (m) entitled "Wine Tasting License", is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: Sec. 5-40. Fees. (m) 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) . ARTICLE 5. Section 5-40 (1) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Restaurant-bar" , reading as follows: Sec. 5-40. Fees. (1) 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 1: 00 p.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 or nonintoxicating beer. is hereby repealed in its entirety and a new Section 5-40 (1) entitled "Restaurant-bar" is hereby enacted in lieu thereof, in words and figures, to read as follows: to-wit: 3 . Sec. 5-40. Fees. (1) 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 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 or nonintoxicating beer. ARTICLE 6. Section 5-46 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Issuance of Temporary Liquor License" , reading as follows: Sec. 5-46. Issuance of temporary liquor license. Notwithstanding the other provisions of this chapter, a permit for the sale of malt liquor as defined in RSMo 311. 200, for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor at a picnic, bazaar, fair, or similar gathering. Such permit shall be issued only for the day or days named therein and it shall not authorize the sale of malt liquor for more than seven (7) days by any organization as described above in any fiscal year. For each such permit issued, the licensee shall pay to the city the sum of ten dollars ($10. 00) . No provision of law or rule or regulation of the city shall prevent any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the license at such picnic, bazaar, fair, or similar gathering. 4. is hereby repealed in its entirety and a new Section 5-46 entitled "Issuance of Temporary Liquor License" , is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: Sec. 5-46. Issuance of temporary liquor license. Notwithstanding the other provisions of this chapter, a permit for the sale of intoxicating liquors with an alcoholic content of more than 5% by weight, for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor at a picnic, bazaar, fair, or similar gathering. Such permit shall be issued only for the day or days named therein and it shall not authorize the sale of malt liquor for more than seven (7) days by any organization as described above in any fiscal year. For each such permit issued, the licensee shall pay to the city the sum of ten dollars ($10. 00) . No provision of law or rule or regulation of the city shall prevent any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the license at such picnic, bazaar, fair, or similar gathering. ARTICLE 7. Section 5-40 (0) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Amusement Places" , reading as follows: Sec. 5-40. Fees. (o) 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 1: 00 p.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. 5. is hereby repealed in its entirety and a new Section 5-40 (0) entitled "Amusement Places", is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: SeC. 5-40. Fees. (o) 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 11: 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. ARTICLE 8. Section 5-2 (f) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 5-2. Hours of Sale. (f) When January first, March seventeenth, July fourth, or December thirty-first falls on Sunday, any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his license on that day after 1: 00 p.m. and until the time which would be lawful on another day of the week, notwithstanding any provisions of this Code to the contrary. is hereby repealed in its entirety, and a new Section 5-2 (f) is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: Sec. 5-2. Hours of 3ale. (f) When January first, March seventeenth, July fourth, or December thirty-first falls on Sunday, and on the Sunday before Memorial Day and Labor Day and the Sunday on which the national championship game of the 6. National Football League is played, commonly known as "Super Bowl Sunday", any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his license on that day after 11: 00 a.m. and until the time which would be lawful on another day of the week, notwithstanding any provisions of this Code to the contrary. ARTICLE 9 . A new Section 5-47 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Issuance of Licenses Prohibited Until Delinquent Tax is Paid" is hereby enacted, in words and figures, to read as follows, to-wit: Sec. 5-47. Issuance of Licenses Prohibited Until Delinquent Tax is Paid. No liquor license shall be issued to any person, until all personal property taxes, merchants license taxes, ad valorem taxes, wholesalers license taxes, manufacturers license taxes, occupation license taxes, sewer service charges, water service charges, solid waste fees or other city taxes, including special tax bills and assessments of the applicant therefor, due and payable, shall first have been paid in full, together with any interest and penalties. ARTICLE 10. Section 5-12 (b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Purchase or Possession of Intoxicating Liquor or Nonintoxicating Beer" is hereby amended by the addition of new language, in words and figures, to read as follows, to-wit: Sec. 5-12. Prohibited Acts Committed by and Involvinq Minors; Exceptions. (b) Purchase or Possession of Intoxicating Liquor or Nonintoxicating Beer. No person . . . nonintoxicating beer. In prosecutions pursuant to this subparagraph regarding the purchase or possession of intoxicating liquor or nonintoxicating beer by minors, the municipal court will presume that the contents of a manufacturer sealed container that is labeled as containing intoxicating liquor or nonintoxicating beer, does contain the listed contents. This presumption may be rebutted by the defendant by the presentation of good and sufficient evidence to the contrary. ARTICLE 11. 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. 7 . ARTICLE 12 . 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 13 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ,..�-�;';�..�;��� DAY OF !` �dZ�e�r/(;:;, � " ;���'�c� A. M p adling, II , ayor ATTEST: ; i- ,.` �. ' ♦� .,__;f c �� '`; � �E�% Gayl,e L. Conrad Deputy City Clerk 8 .