The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them by this Section, except where the context clearly indicates a different meaning:
Intoxicating liquor - means and includes alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors, or combinations of liquors, a part of which is spirituous, vinous or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume, except for non-intoxicating beer as defined in RSMo 312.010. All beverages having an alcoholic content of less than one-half of one percent by volume shall be exempt from the provisions of this Chapter, but subject to inspection as provided by RSMo 196.365 – 196.445.
Malt liquor - means and includes all beer having an alcoholic content of more than three and two-tenths percent by weight and not in excess of five percent by weight.
Wine - means and includes light wines containing not in excess of fourteen percent of alcohol by weight exclusively from grapes, berries and other fruits and vegetables.
Non intoxicating beer - means and includes any beer manufactured from pure hops or pure extract of hops and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water and free from all harmful substances, preservatives and adulterants and having an alcoholic content of more than one-half of one percent by volume and not exceeding 3.2 percent by weight.
Amusement Places - As used in this Code section, the term "amusement place" means any establishment whose business building contains a square footage of at least ten thousand square feet, and where games of skill commonly known as bowling or soccer are usually played, and which has annual gross receipts of at least two hundred thousand dollars of which no more than fifty percent may be derived from the sale of alcoholic beverages. (Ord. 2826, §2; Ord. 3015, §3; Ord. 3587, §1) (Ord. 452, §1; Ord. 495, §1; Ord. 496, §1; Ord. 1829, §1; Ord. 2825, §2; Ord. 2826, §2; Ord. 3015, §3; Ord. 3587, §1' Ord. 3683, §1)
It shall be unlawful for any person to drink, expose or display any beer or alcoholic liquors in open containers upon the public streets or within any public place of the city; provided, however, that this Section shall not apply to public places legally licensed and where such drinking is permitted. Exceptions to this section may be granted by City Administration on a case-by-case basis. The administrative procedures shall be as follows:
Sales of malt liquors or intoxicating liquor. It shall be unlawful for any person to sell, give away or otherwise dispose of, or suffer the same to be done in, upon or about his/her premises, any malt liquor, whether intoxicating or non-intoxicating or 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 9:00 A.M. Sunday and 12:00 A.M. Monday to 6:00 A.M. Monday. (Ord. 2333, §1; Ord. 2576, §1; Ord. 2933, §2; Ord. 3015, §1; Ord. 3587, §1)
Sales of non-intoxicating beer during certain hours. No person having a license under this Chapter shall sell, give away or otherwise dispose of or suffer the same to be done, upon or about his/her premises, any nonintoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M. (Ord. 452, §10; Ord, 495, §10; Ord. 1332, §1; Ord. 1345, §1-2)
Sunday sales. It shall be unlawful for any person engaged in the selling of non-intoxicating beer and intoxicating liquor by the drink at retail for consumption on the premises of any restaurant bar to sell between the hours of 1:30 A.M. and 9:00 A.M. Sunday pursuant to Section 4-3 of this Code. (Ord. 1975, §1; Ord. 2825, §4; Ord. 3015, §2; Ord. 3587, §1) (Ord. 452, §10; Ord. 1345, §2; Ord. 2333, §1; Ord. 2576, §1; Ord. 2933, §2; Ord. 3015, §1; Ord. 3587, §1; Ord. 3683, §1)
It shall be unlawful for any person to sell or expose for sale, either at wholesale or retail, within the city any intoxicating liquor, in any quantity, without having first procured a license from the Finance Department in accordance with the provisions of this Article. Nothing in this Article shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his/her professional judgment for any patient at any time or prevent a druggist from selling intoxicating liquor, lawfully acquired, to a person on prescription from a regularly licensed physician as above provided. (Ord. 496, §5; Ord. 3683, §1)
Before any applicant shall be entitled to procure a license from the city, the applicant must first satisfy all the requirements of the State liquor laws and obtain a license from the State supervisor of liquor control to engage in such business.
No license shall be granted for the sale of intoxicating liquor within one hundred (100) 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 City Council. Such consent shall not be granted until at least ten days' written notice has been provided to all owners of property within one hundred (100) feet of the proposed licensed premises.) When a school, church or place of worship shall be established within one hundred (100) feet of any then existing place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason.
In determining compliance with the measured separation, the distance shall be determined by the nearest building corner of the liquor license applicant to the nearest building corner of any school, church or regular place of worship as measured in a straight line.
Any person, having proven to satisfy the requirements of the liquor laws of the State and compliance with all City ordinances, including the correct City property zone as prescribed in Chapter 42 of the Rolla City Code, shall be eligible to make application for a license to sell intoxicating liquors within the City, at retail or wholesale, for consumption on the premises where sold in the original package, in accordance with the type of license obtained from the state supervisor of liquor control.. (Ord. 396, §4; Ord. 496, §2-6; Ord. 1288, §1; Ord. 2597, §1; Ord. 3053, §2; Ord. 3519, §1; Ord. 3683, §1; Ord. 4501, §1)
The annual fee for a liquor license required by this Chapter shall be as follows:
|1.||5% Beer/Wine in original package||$75.00 – Monday – Saturday|
|2.||5% Beer/Wine in original package||$375.00 – Monday – Sunday|
|3.||5% Beer/Wine by the drink||$75.00 – Monday – Saturday|
|4.||5% Beer/Wine by the drink||$375.00 – Monday – Sunday|
|5.||5% Beer original package||$75.00 – Monday – Sunday|
|6.||5% Beer by the drink||$75.00 – Monday – Sunday|
|7.||Liquor packaged||$150.00 – Monday – Saturday|
|8.||Liquor packaged||$450.00 – Monday – Sunday|
|9.||Liquor by the drink||$450.00 – Monday – Saturday|
|10.||Liquor by the drink||$750.00 – Monday – Sunday|
|11.||Original Package Tasting||$35.00 – Monday – Sunday|
|12.||Retail Liquor by Drink Picnic||$35.00 – Monday – Sunday|
|13.||5% Beer by Drink Wine Picnic||$150.00 – Monday – Sunday|
|14.||Retail Liquor by Drink Caterer||$15.00 – per day|
|15.||Retail Liquor by Drink Caterer||$1,500.00 – Unlimited|
|16.||Retail Liquor by Drink Caterer||$750.00 – 50 Events|
|17.||5% Beer Wine Caterer||$15.00 – per day|
(Ord. 2934, §1; Ord. 3587, §1; Ord. 3683, §1)
On approval of the application for the issuance of any license for the first time under this Chapter, the applicant shall pay a license fee of as many twelfths of the total license tax as there are months, part of the total month counts as a month, remaining from the date of the issuance of the license to the next succeeding July first. (Ord. 1012, §1; Ord. 3053, §2; Ord. 3313, §2; Ord. 3587, §1; Ord. 3683, §1)
The license required by Section 4-15 shall be issued by the Finance Department upon payment of the license fee and the funds shall be deposited into the credit of the general revenue fund. Every license issued under this Article shall particularly describe the premises at which intoxicating liquors may be sold there under, and such license shall not be deemed to authorize the sale of intoxicating liquors at any other place than that described therein. (Ord. 496, §4; Ord. 3683, §1)
A license issued under this Article shall be valid for a period of one (1) year from July 1 to the following June 30. (Ord. 3683, 11)
Transfer to other person. No license for the sale of intoxicating liquor shall be transferable to another person.
Transfer to different location. No license for the sale of intoxicating liquor shall be transferable to another location. An application must be completed for each location. (Ord. 3683, §1)