HomeMy WebLinkAboutCommForm.1278.12-18-1950 . , �
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COMMISSION FON1`�I ORDINxTuCE N0. 1�
AN QtZDIVi�NCE REPLI�LING CO�����iIS�I�IV FORM ORDIIJANCES N0.
49�, 700, 701, $$1, 949, 1112, AIvD 1262, kND ENACTI�IG
IN LIEU THLi�UF tiN 0'rivIN.Ai��CE P��LtiTII�1G TO THE REGULt�—
TIOIv, CUIVTRUL, NitiNUFtiCTU:�E, B:R.EWING, S�LE ti.ND POSSES—
SION OF I�iTQXICtiTING LI�UOR, DEFIP�ING II�TOXICEiTING
LI�iUOR, FIXIT�� LICEN��; FE�S TO B� P�ID BY P:;�RSONS ElV—
G�GLD IN THE Ni�NUF�CTU;�E, BREtiVING, OR SkL� OF I�iTO1�I—
CATIidG LIG�UOR, aND FIXITdG � PENxLTY THEr?�FOR.
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SECTION 1. That Commission Form ardinance No. 490
passed and approved by the City Council of the City of
�ape Girardeau, Missouri, on July 5 , 1927 ; Commission
Form Ordinance No. ']00, passed and approved by the City
Couxicil of the City of Cape Girardeau, I��iissouri , on
July 2 , 1935 ; Commission Form Ordinance No. 701, pas::ed
and approved by the City Council of the City of Cape
Girardeau, Missouri, on July 16, 1935; Commission Form
�rdinance No. $$l , passed and approved by the City
Council of the City of Cape Girardeau, T�issouri, on May 6,
1y40; �ommissio.n Form Ordinance f�1o. 949, passed and ap-
proved by the City Council of the City of Cape Girardeau,
Missouri, on i�Iay 1$, 1942; Commission Form Ordinance No.
1112, passed and approved by the City Council of the City
of Cape Girardeau, 1L�ii�souri, on June 23 , 1947; and Com-
` Mission Form Ordinance Pdo._1262, passed and approv�d by ,
the City Council of the City of Cape �irardeau, 1�Zissouri,
on June 27, 1950; be and the same are all hereby repealed.
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SECTIUN 2 � li�,Fll`1I i IQN OF I1�ITOXICATING LI�UOR. -
The term intoxicating liquor as used in this ordinance,
shall mean and include alcohol for beverage purposes,
alcoholic , spirituous, vinous, fermented, malt or other
liquors, or combination of liquors, a part of which is
spirituous, vinous, �rermented, and all perparations or
mixtures for beverage purposes, containing in excess of
three and two�tenths (3 .2f) per cent of alcohol by weight. .
SECTION 3 - LICE�SE REQUIRED - PERIOD - It is hereby
declared unlawful for any person, firm, co-partnership,
association or corporation, either by itself or through
the use of agents or servants, to engage in the manufacture,
brewing, sale or distribution of intoxicatin� liquors, as
in this ordinance def ined within� the �ity of Cape Girar-
deau, without f irst having taken out and obtained a license
authorizing such manufacture, brewing, sale or distribution
in complience with the terms of this ordinance; said li-
cense to be issued for a period of one (1) year from the
30th day of June, of each year, and that persons desiring
to secure licenses after the 30th day of June, 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 the 30th day of June of each
year.
SECTTUN 4 - LICEIu�E F�ES -� A separate license �
' shall be required for eacti place of business and the � �
following license fees shall be paid annually:
(a) Manufacturers of Malt I�iquors n�t in excess
of five �er cent ( 5���. Manufacturers of intoxicating
malt liquor containing not more than five per cent ( 5f)
of alcohol by weight, Three Hundred Fifty Dollars ,
(�350.00) , such license as providad for in this sub-
section shall entitle the m�,nufacturer t� distribute
such ilalt liquor as a wholesaler, but shall not in-•
cldue the right to sell as a retailer.
(b) Distillers of Intoxicatin�; Liauor in excess
of f ive Per cent ( s1j . Manufacturers or distillers of
intoxicating liquors cont��ining alcohol in excess of
five per cent ( 5�) by weigllt, Five Hundred Dollars�
(�500.00) .
(c) Wholesalers of M�lt Liquor not in excess of
five ,�er cent ( 5 a) . Distributors or wholesalers of
intoxicating malt liquars not in excess of five per cent
( 5 f) alcohol by we i�;'rit, One Hundred Fifty Dollars�
{�154e00j ,
(d) V�4hol�;�alers �f Intoxic�tin� ?�i�c„ucr in excess
of five .per cent ( 5�) , Distributors or whalesalers of
intoxicating liquors containin�; in excess of five per
cent ( 5�} alcohol by weight, �even Hundred and Fifty
Dollars (',�750.00) .
For the p�:rpose of this ordinance, "distributors
or wholesalers" shall be deemed to be persons, firms,
or corpor�tio�s selling such intoxicating liquors to
retailers for resale.
(e) Ret�ilers of i�alt Liqunr bv Drink not in
excess of three and two-tenths �er cent (3 �20) � by weight
in the original package and/or for consumption on the
premises, Thirty-seven and 50/lU0 Dollars, (�37. 50) .
(f) Retailers of i��ialt Liquor � Drink not in
excess of five �er cerit ( .5 0) . Retailers se lling
intoxicating malt liguors wit h an alcoholic content
of more than t hree and t wo-tenths per cent (3. 2�) by
weight and not more than five per cent ( 5%�i by weibht in the
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original package and/or for consumption on the pre-
mises, Fifty�two and 50/100 Dollars (�52.50) .
(g) Retailers of i�lalt Liquor not in excess of
five er cent ! 5 0) �- original package. Retailers
selling intoxicating malt liquor with an alcoholic
content of more than three and two-�en�hs per cen�.,,
(�.2dfo� by weight and not more than five per cent ( 5f)
by weight , in the original package direc;t to the con-
sumer, and not for consumption on the premises where
sold, Twenty-two and 50/100 Dol].ars (�22,50j . The
phrase "ori�inal Package" shall be canstrued and held
to refer to any pack�ge c�ntaining three or more stan-
dard bottles of beer, and this license shall also
permit the h�lder thereof to sell non-intoxicating
be�r in the origi�al package d�rect to the consumer
but not for resale.
(h) Retailers of Intoxicatin�; Liquor in �xcess
of five per cent ( 5�} � drink - original �ackage,
R�atilers selling intoxicating lic�uors with an alcoholic
content ofr more than five �er cent ( 5�) by w�ight for
consumption on the pre:mis�s whc;r� sold, Four Ht�ndred
Fifty Dollars (:;¢�.5�.00) . The 1ieE;nsc: issued undc;r thi�
subsection to include the right of sale in the original
package; provided, suci� original package shall not be
opened and the contents thereof consumed on the premises
where sold, and shall include the right to sell intaxi-
cating liquor with an alcoholic content of five per cent
( 5°f�) or� less by weight, by the drink or in the ori�inal
padkage.
(i) Retailers of Intoxicatin� Liquor in excess
of five �r cent ( 5 0 �� o:riginal pa�kage, Re�t�ilers
selling intoxicating liquors cantairiing alcohol in
excess of five per cent ( 5�) by we�gr.t , in the original
package, not to be opened or consumed on the premises
where sold, One Hundred Fi�ty Dollars (�1�50000) . Pro-
vided, tnat no la.cense shali be issued for the sale of
ir..toxicating liquor cory.aa.r_in� more than f�ve per eent
' ��'�1 of a�.cohol by weigh`�, r�.o': �e be conslxm�d on the
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premises where sold; except to a person engaged in
and to be used in connection with the operation of
one or more of the following businesses: x drug store�
a cigar and tobacco store, a grocery store, a gen-
eral merchandise store, a eonfectionary and/or
delicatessen store, nor shall such license be issued
to any person who d:-es not have and keep iri his store
a stock of goods having a value, according to invoiaes,
of at least Une Thousand Dolla-rs (�1,000,00) , exclusive
of fixtures and intoxicating liquors.
SECTION 5 — GAMBLIPvTG DEVICES PRUHIBITED - The
operating or possession of any gr�mbling 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 suspen-
sion or revocation of the license, and no license shall
permit any gambling device to be set up or used in or
about said premises.
SECTIUPJ 6 - 5ALE IN "S1�LUON'f ILLEGAL - UNAUTHORIZED
LIQUOR - Nothing in this ordinance shall be so construed
as to authorize the sale of intoxicating liquor in the
original package, or at retail by the drink for consumption
on the premises where sald, in a place car�monly known as
a 'tsaloon", nor in any building or roorn where there are
blinds, screens� swinging doors, curtains, stained or
painted windows, or any other thin�s in such building
or room that will obstruct or obscure the iriterior of
such room f.rom public view,
It shall also be uniawful for the holder of any li-
cense authorized by this ordina:�ce for the sale of
intoxicating liquor at retail by th.e drink for consumption
on the premises where sold, to keep or secret, � or to all.ow
any other person to keep or secret in or upon the premises
described in such license, any intoxicating liquor, other
than the kind of license expressly autnorized to be sold
by such license.
SECTION 7 - URUGGISTS MAY POSSESS INT�XICATING LIQUOR
FOR MEDICINAL PURPOSES - 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 preservant, with-
out being subject to the provisions of this ordinance.
Provided, howev�r, that any druggist or drug store operator
desiring to sell intoxicating liquors, either for consump-
tion on the �remises or in the original package, not to
be consumed on the premises, shall procure the proper
license therefor, and be in all matters subject to the
provisions of this ordinance relating to the location,
Iicenses to be paid and hours at wriich such intoxicating
liquor may be soldo
SECTION $ - HO'URS UF SALE - No person, firm, associa-
tion or corporation, having a license under the provisions
of this ordinance shall sell, give away or suffer the same
to be done upon his or about his or their premises an y
intoxicating liquor in any quantity, between tne hours of
One-thirty o 'clock A. M. and Eight o 'clock A. M.
SECTION 9 - NOT TO BE SULD ON SUNDAY - FLECTION
DAYS - No person having a license under the provisions
of this ordinance shall se��, give away or otherwise
dispose of, or suffer the same to be done upon or about
his or their premises, any intoxicating liquor in any
quantit y on the first day of the week� commonly called
"Sunday", or upon the day of any general or primary
election in this state, or upon any county, city, town
or municip�l election day; Provided, however, that no
license��.holding a license to sell malt liquor containing
alcohol in excess of three and two-tenths (3 .2�) per cent
by weight or any other� kind or character or intoxicating
liquor, shall sell, give away, or otherwise dispose of or
suffer the same to be done in, upon or about his premises
an y intoxicating liquor or any non-intoxicating beer in
any quantity either in the original package or by the
drink, on the first day of the we k, commonly called Sun-
day, or upon the day of any general, special or primary
election in the state, or upon an y county, township, city�
town, or municipal election day. Provided, the sale of
such intoxicating liquors may be resumed on any such
election day after the expiration of thirty minutes next
following the hour or time f ixed by law for the closing
of the polls at any such election.
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SECTION 10 - TO WHOM INTOXICATING LIQUOR S�ALL NOT
BE SOLD � No person, firm, association, or corporation,
or his or its employee shall sell or supply intoxicating
liquor or permit same to be sold or supplied to a habit-
ual 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 twenty-one 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 persan or to the
administering of said intoxicating liquor to said person
by a physiciana No person under the age of twenty-one
years shall sell or assist in the sale or dispensing of
intoxicating liquors,
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SECTION 11 - LICENSE NOT TRANSFERABLE - USE - No
license under authority of this ordinance shall be
transrerred from one person to another, nor shall said
license be used at any �lace except on the premises
for which sai.d license is issued, and pro per license
shall be pro�ured far each place of business for which
a st•a�e licen�e is required::
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SECTION 12 - INTuxIC�TING LI�UUR NOT Tu BE SULD
uJITHIN �NE riUNDRED FEET UF SCHU��L UR CIiURCH -- No li-
cense shall be grant�d for ttie sale of intoxicating
liquor as defined in this ordinance, within one hundred
feet of the premises of any schoal or church, unless
the applicant for such license shall first obtain the
consent in writing of the majority of the Board of
Directors of such school or the consent in writing of
such church.
For the purpose o� this ordinance, the word "church�t
shall be deened to rnean a ahurch buildin� er�cted and
maintained as a church building and in wYiiciz services
are regularly held. Provided, howeve�, the rnere hold-
ing o� religious services in any building ;not built
and constructed as a church building sh��ll. not bring
said building within tYie definition of a c:iurch as
conter�plated in tnis ordinance.
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SECTION 13 -� V1IPdDUW DIS PLAY UF LIC�UOR UNLAti,1FUL -
It shall be unlawful to display in any street window,
or show window any intoxicating liquor or any pack-
age, bottle, or container bearing the label or brand
of any intoxicating liquor„
SECTION 11� - POSSESSION UF IPdTOXICATING LIQUOR
RESTRICTED - No persons shall possess intoxicating
liquor within the City of Cape Girardeau, unless the
same has been acquired from some person holding a
duly authorized license to sell the same under this
ordinance or unless the said intoxicating liquor is
had or kept with the written or printed perr�ission
of the State Supervisor of Liquor Control, and the
package in which intoxic�ting liquo� is contained and
from which it is taken for consumption has, while
containing intoxicating liquor, been labeled and sealed
with the official seal prescribed under the State fl,aw
and the regulations made thereunder. Provided, further,
that noth ing in this ordinance shall be sa co nstrued
as to prevent the natural fermentation of fruit juices
in the home for the exclusive use of the occupants of
the home and their guests.
SECTION 15 - C�NSU�ZPTTON GF INTUXICATING LI�UOR
ON PREMISES MAY BE PROI�iIBTTED BY 01r�INER - No intoxicating
liquor as defined in tha.s ordinance shall be drunk,
consumed or p�tblicly exhib�ted, in a public dining room�
lunch room, soda fo�.a:�tain.a or any place where meals
of lunches and soft dr. inks are ��rved, where the owner
or owners$ or. manager o� rnan�.gers exhibit in the pre-
mises si.gns or pl�.car. d� to the effect that intoxicating
liquor may nofi, bP drunk in or ab�t�t the premises, such
signs or placards to be of sufficient size and in suf-
ficient number to be easily dis�e.rnible to the general
publice
SECTION 16 - LICENSE RE�UIRED FUR C�NSUMPTIUN OF
LIQUOR ON PREMISES, NUT LICENSED TO SELL - CERTAIN H�URS
AND DAYS - CUI�fSUMPTION BY I�iINURS PRUHIBITED - LICENSE
FEE - It shall be unlawful fo r 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 per-
mit the drinking or consumption of intoxicating liquor
in, on or about said premises between ten otclock P. M.
and Eight o�clock A. M. the following day, without
having a lic�nse as in this s�ction provided.
The drinking or conslzmption of intoxicating liquor
shall not be pernlitted, i:i upon or about the licensed
premises by any person under twenty-one years of age�
or by any other person between the hours of 1:30 ;�. NI.
and eight A. M, on any week day, and between the hours
of 12 o'clock rnidnight Saturday and 12 otclock midnight
S-unday, or on the day of any �ener�l, spgeial or primary
election in this state, or upon an� county, totivnship,
city, towrr�� or municipal electian day during the hours
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the poll� are legally open, as provided in Section $.
The license fee shall be Two hundred Dollars (�200.00)
per year to be issued from the 30th day of June of each
year as provided in Section 3.
SECTION 17 - LINIIT OF NUMBER OF LICENSES -
(a) No license for the sale of intoxicating liquor
at retail in the original package shall hereafter be
granted when the �ranting thereof will increase the
number of such �zcenses outstanding and in force to
a greater number than one (1} for each two thousand
{2,000� people within tYie City of Cape Girardeau, Mo.
and ma jor fractions of such two tho�isand (2,000) peop le
as sh�wn by the last decennial census ; provided that
nothing in tr�is section shall be construed to require
annual rene�al to the holder5 thereof, of an� such
retail liquor license in the original package now
outstanding.
(b) No license for th� sale of intaxicating li-
quor in exc�ss of fiv� ( 5�) per cent by weight atld by
the drink shall h�reafter be granted when the granting
thereof will increase �he number of such licenses out-
standing and in force to a greater r�umber than one (1)
for each one thousand (1,000) people within the City
of Cape Girardeau, Missouri, and irajor fractions of
such one thousand (1�000) people, as shawn by the last
decennial census.
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SECTIOT3 1$ - �UALIr'IC.�.lIC�NS OF APt'LICANT FuR
LICENSE - 1?c �erson shall be granted a license under
this ordinancef unless such person is of good moral
character and a qualified 1ega1 ��o*.er and tax paying
citizen of the City of C%ape G�,rarcReau� Mi.ssouri, nor
shall any corporation, be gran�ed a lic.ense hereu�der
unless the rnanaging officer of such. corporat�on has
the above mentioned qualifications ; and no person shall
be gra.nted a J_icense or permit hereunder, whose 1i-
cense as such dea�er has been. .revcked, or who has been
convict,ed, sinr.e ��he ratifiac-tion or tYie Twent;y-first
Amendment to �he C'onst;tution cf t,he U::i�ed States; or
a violation o�' tnQ pr.avis�or..s of a:�tT law applicable to
the manufact�a.re or sal� o_f i_ir�c��r:.�ating liquor, or who
employs in nis �usir�esa as stzch dealer, any person whose
licer•.se has been r�;t�o'.{ed or who has been convicted of
violating the provisions of any auch law since the date
aforesaid.
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SECTION 19 - APPLICATION FOR LICEfldSE - All applica-
tions for license under the provisions of this article
shall be made in writing on proper forms to the City
Council and shall state specifically whether the license
is for a distiller, brewer, wholesaler, distributors,
and in the case of retailers license , shall state the
al�oholic content of t he intoxicating liquor to be sold
under said license, and whether said license is issued
for consumption on the premises, not for consumption
on the premises, or whether said license issued is for
both, the sale in the original package and for consump-
tion o� the premises where sold.
Al� such applications shall state the name and ad-
dress of the �pplicant or if the applicant ig a firm�
partnership� or association, all of the names and ad-
dresses of each member of the firm, partnership, or
association, or if the applicant is a corporation, the
nam�s and add�esses of all the officers, the Board of
Directors, and all of the stockholders of thE corporati�n
and shall describe the prerr�i.ses for which the license
applied for shall cover and, when r�quired by this
article, shall be accampanied by an inventory and valua-
tion at cost prices of the s tock of gooc� other than
intoxicating liquor at the proposed place of business.
No license shall be granted at the same meeting of
the City Council at which the application is f irst pre-
sented, but the application shall, after presentatic�n
to the Council, be referred by the Mayor of the Cape
Girardeau City Police for investigation, and the Police
Department shall make a report at the next meeting of
the Council (which report sliali set forth the criminal
record of the applicant, if any, a complete verificatimn
of the facts in applicant �s application, and a general
character check of the applicant) at which time action
may be taken upon the application.
SECTION 20 - GRANTTNG 0� LICENSE - On approval of
the application by the City Council and payment of th� li- .
cense tax herein provided; the City Collector shall grarit
the applicant a Iicense to conduct business at the speci-
fied location in the cit y for a period set forth in
Section .�. Every license issued under the provisions of
this ordinance shall set fo.rth the type of license granted
and shall particalarly desc�i'oe the premises at which
intoxicating liquor. may t�e �o�� thereunder and such
license sh�ll not be deemed to authorize or perMit
the sale of intoxica�ing liauor at any place other than
that described tYi�rein,. No license urider the provisions
of thi � �ndinance shall be permittea to move the loca-
tion of said establishment as pE,rtains to the intoxicating
liquor w�.thout the expr�ess approval of the City Council
nor shall any license be issued unless t.ie licensee is
in present possession of the premises described in his
application, at the time the applicant 's application
is presented to the City Council.
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SECTION 21 - SUSPE�iSI�N OI� RFVOCATIUN OF LICENSE -
MANNER - The City Council may on hearing suspend or
revoke any license issued under the provisions of this
article wheII�ver a dealer licensed hereunder has not
at all times kept an orderly place or house, or has
violated any of the provisions of ttie article, first
having given such license� not l�ss ttian ten days notice
in writing of the application to suspend or revoke his
license prior to the order of suspension or revocation
issuing, which said notice shall. contain the ground or
grounds for such suspension or revocation set out therein
and which notice shall command tne licensee to be pre-
sent at the regular rneeting or called meeting of the City
Council and show cause, if any, why sucn license should
not be sus pended or revoked; provided, that said licenseQ�
shall have full right to be represented by counsel at
said hearing, Provided further, that such notice of
suspension or revocation hearing shall be served by a
police officer and may be served u�on the licensee by
leaving a copy thereof with the licensee, or any person
or employee in charge of t he place of business of said
�icense�. Upon the suspension or revocation of any li-
cense, no license fee paid shall be refunded to the
licensee.
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SECTION 22 — VIOLATION - PL][�ALTY - Any nerson
violating any of the pz•ovisions of this article,
except where some penalty is otherwise provided, shall
upon conviction thereof be adjudged guilty of a
misdemeanor, and shall be punished by a fine not less
than �50.00 nor exceeding Une hundred Dollars (�100.00) .
Provided that upon final conviction, of any person for
a violation of any of the provisions of the article,
said conviction shall automatically o�erate to revoke
the license hereunder issued to such person. Provided
further, that the term of conviction as herein used
shall mean conviction upon final determination of any
prosecution of any violation of this article. Provided
further, that no person having been convicted of the
violation of any of ti:e provisions of this ordinance
shall be issued a license or arenewal thereof for a
period of one year, from t'rie date of said conviction.
Upon conviction of any pers�n under thE provisions of
this article, it shall be the duty of th� Judge of the
Police Court to certify such conviction to the City
Counc i�.
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SECTION 23 - UNCUNSTITUTION�L �GLtiUSE - Should
any section; paragraph, sentence, clai�se, or phrase
of this articie be d�:clared unconstitutional or in-
valid for any reason the remainder of said article
shall not be affected thereby.
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SECTION 2� -� All ordinances or parts af ordinances
relatirig to intox_�cating .li�uor in conflict with this
ordir.an�e are here'.�y re�ealed,
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SECTION 25. This Ordinance sh�ll be in full force
and effect from and after the lst day of January, 1951.
Passed and approv�d this 1$th day of iiecember,
1950.
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