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BULLET St. Louis City Revised Code Chapter 14.05 General Violations

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


Chapter 14.05
General Violations

Sections:

14.05.010 Disturbing the peace--Drinking in public--Exceptions.
14.05.020 Solicitation for prostitution.
14.05.030 Solicitation--Assisting.
14.05.040 Consumption of liquor on unlicensed premises.
14.05.060 Liquor prohibited--On 5% beer premises.
14.05.070 Liquor prohibited--On 22% premises.
14.05.080 Disorderly place--Sale by the drink for consumption off-premises.
14.05.082 Open containers leaving licensed premises.
14.05.090 Improper acts.
14.05.092 Failure to cooperate with liquor agents/law enforcement.
14.05.095 Noise level for amplified system.
14.05.098 Use of premises during suspension or closing order.
14.05.100 Sale to habitual drunkards or drunken persons.
14.05.110 Lewd or indecent conduct or entertainment prohibited.
14.05.120 Spiking prohibited.
14.05.125 Liquor refilling prohibited.
14.05.130 Drinking of alcoholic beverages and open containers on package premises--Prohibited.
14.05.140 Sale of intoxicating liquor or nonintoxicating beer to persons occupying an automobile--Prohibited.
14.05.150 Licensees required to allow public to use telephones--When.
14.05.160 Failure to obey a subpoena issued by the Excise Commissioner--Violation.
14.05.170 Interfering with a liquor control officer.

14.05.010 Disturbing the peace--Drinking in public--Exceptions.

A. No person shall drink any nonintoxicating beer or intoxicating liquor in any park, public building, street, sidewalk, alley, highway, parking lot, thoroughfare, or other public place unless consumption of intoxicating liquor or nonintoxicating beer in such place has been expressly authorized in writing by the Excise Commissioner. Provided, that nothing herein contained shall be construed to prohibit the consumption of nonintoxicating beer or intoxicating liquor by working persons during mealtime near their assigned work areas, or by picnic groups in public parks, providing that the person or persons consuming beverages are not noisy, riotous or disorderly in any manner.

B. The Excise Commissioner shall have authority to extend, for not more than seven (7) days, the licensed premises of any licensee possessing a drink license in connection with a street fair, celebration, or special event. Where the Excise Commissioner has granted such an extension the prohibitions contained in subsection A of this section shall not apply within the boundaries for which the extension was granted. Nor shall the prohibitions of subsection A apply to an area for which a picnic license has been issued.
(Ord. No. 68536, 6, 12-15-2009.)

City Counselor Ops.: 9355, 9305

McQuillin:

24.183 Drinking in public places

14.05.020 Solicitation for prostitution.

No person, while on premises licensed under the provisions of this chapter or title, shall solicit any person for any sexual act in return for payment of money or anything of value.
(Ord. No. 68536, 6, 12-15-2009.)

City Counselor Ops.: 9355

14.05.030 Solicitation--Assisting.

No person licensed under the provisions of this chapter or title, his agent, servant or employee shall in any manner aid, assist, encourage, abet or commit any act prohibited by Section 14.05.020 on or about the licensed premises.
(Ord. No. 68536, 6, 12-15-2009.)

City Counselor Ops.: 9355

14.05.040 Consumption of liquor on unlicensed premises.

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 or nonintoxicating beer, to permit the drinking or consumption of intoxicating liquor or nonintoxicating beer, in, on or about the premises without having a C.O.L. license as provided for in this title. However, nothing in this section shall allow a person to whom a C.O.L. license has been issued to suffer or permit consumption of intoxicating liquor or nonintoxicating beer in, on or about his licensed premises between the hours of 1:30 a.m. and 6:00 a.m. Monday through Saturday or between the hours of midnight Saturday and 6:00 a.m. the following Monday. No person under the age of twenty-one shall be permitted to drink or consume intoxicating liquor or nonintoxicating beer on the license premises at any time and no other person shall be permitted to drink or consume intoxicating liquor or nonintoxicating beer on the premises between the hours of 1:30 a.m. and 6:00 a.m. It is unlawful for any person holding an occupancy permit or any other person to allow the consumption of intoxicating liquor or nonintoxicating beer on any premises that is not covered by a license issued hereunder.
(Ord. No. 68536, 6, 12-15-2009.)

City Counselor Ops.: 9355

14.05.060 Liquor prohibited--On 5% beer premises.

No person, while on premises licensed for the retail sale of liquor, containing alcohol not in excess of 5% by weight, shall have in his possession or shall consume any alcoholic beverage with an alcoholic content in excess of 5% by weight.
(Ord. No. 68536, 6, 12-15-2009.)

City Counselor Ops.: 9355

14.05.070 Liquor prohibited--On 22% premises.

No person, while on premises licensed for the retail sale of liquor containing alcohol not in excess of 22% by weight, shall have in his possession or shall consume any beverage with an alcoholic content in excess of 22% by weight.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.080 Disorderly place--Sale by the drink for consumption off-premises.

Whenever it shall be shown, or whenever the Excise Commissioner has knowledge that a licensed premise under this chapter or title has not at all times kept an orderly place or kept it in an orderly manner, or has violated any of the provisions of this chapter or title, the Excise Commissioner may impose an administrative fine of five hundred dollars per violation, revoke, cancel and/or suspend the license of the licensee, or any combination thereof.
(Ord. No. 68536, 6, 12-15-2009.)

V.A.M.S.:

311.680, 312.370 Disorderly place suspension or revocation of license

Cases:

This section cannot be violated by a single occurrence; rather, there must be a course of conduct, for a short time at least, which creates some disturbance or tends to promote disturbances or breaches of the peace or violations of the law. Anthonis v. Quinn, 533 S.W. 2d 691 (1976).

Violation of city ordinance requiring licensed premises to be accessible to law enforcement officers, even coupled with abusive behavior by the manager of the premises toward the investigating officer, did not constitute a violation of this section. Anthonis v. Quinn, 533 S.W. 2d 691 (1976).

14.05.082 Open containers leaving licensed premises.

A. Open Containers Prohibited. Whenever it shall be shown, or whenever the Excise Commissioner has knowledge that the licensee, servant, employee or agent has allowed a patron to remove an open container of intoxicating liquor or nonintoxicating beer from the licensed premises, the Excise Commissioner may impose an administrative fine of five hundred dollars per violation, revoke, cancel and/or suspend the license of the licensee, or any combination thereof.

B. Exception to Open Container Prohibition.

1. Notwithstanding any other provision of law, it shall not be unlawful for the owner, operator, or employees of a restaurant bar, to allow patrons to carry out one or more bottles of unfinished wine, nor shall it be unlawful for patrons of such restaurant bar to carry out one or more bottles of unfinished wine under the following conditions:

a. The patron must have ordered a meal;

b. The bottle or bottles of wine must have been at least partially consumed during the meal;

c. The restaurant bar must provide a dated receipt for the unfinished bottle or bottles of wine; and

d. The restaurant bar must securely reseal the bottle or bottles of wine and place them in one or more one-time-use, tamperproof, transparent bags and securely seal the bags.

2. Notwithstanding any other provision of law, no person who transports one or more bottles of unfinished wine which came from a restaurant bar under the circumstances described in subsection (1) of this section, in a vehicle, shall be considered to have violated any local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the restaurant bar and the bottle or bottles of wine remain in the restaurant bar-furnished, one-time-use, tamperproof, transparent bags with the seals intact.

3. Notwithstanding any other provision of law, it shall be lawful for the owner, operator, or employees of a winery to allow patrons to carry out one or more bottles of unfinished wine and it shall be lawful for patrons of such winery to carry out one or more bottles of unfinished wine under the following conditions:

a. The bottle or bottles of wine must have been at least partially consumed at the winery;

b. The winery must provide a dated receipt for the unfinished bottle or bottles of wine; and

c. The winery must securely reseal the bottle or bottles of wine and place them in one or more one-time-use, tamperproof, transparent bags and securely seal the bags.

4. Notwithstanding any other provision of law, no person who transports one or more bottles of unfinished wine which came from a winery under the circumstances described under subsection (3) of this section shall be considered to have violated any state law or local ordinance regarding open containers in vehicles so long as such person has in his or her possession the dated receipt from the winery and the bottle or bottles of wine remain in the winery-furnished, one-time-use, tamperproof, transparent bags with the seals intact.

5. As used in this section "winery" means any establishment at which wine is made.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.090 Improper acts.

It shall be the duty of any person licensed under the provisions of this chapter or title and of his servants, agents and employees to prevent or immediately suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person upon the licensed premises. In the event that a licensee, or any of his servants, agents or employees knows or should have known that an illegal or violent act has been committed or is about to be committed on or about the licensed premises, it shall be a violation for them not to immediately report the same to the Police Department, state liquor control department and the Excise Commissioner.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.092 Failure to cooperate with liquor agents/law enforcement.

It shall be a violation for a licensee, his agents, servant or employees not to cooperate with the Excise Division agents, law enforcement authorities and the Missouri Division of Alcohol and Tobacco Agents during the course of any investigation of a violation of any law, regulation or order. The Excise Commissioner may impose an administrative fine of five hundred dollars per violation, revoke, cancel and/or suspend the license of the licensee, or any combination thereof.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.095 Noise level for amplified system.

No licensee, servant, employee shall violate or allow the violation of the stricter of (1) any general noise ordinance or (2) shall operate, play, or permit the operation of any public speaking system, transmitter, sound device or any other device, mechanical or electrical to emit and direct music, spoken words, sounds or noise of any kind exceeding eight-six decibels on an A-weighted scale when measured across property lines fifty (50) feet or more from the root of the noise or from the inside or outside of the permitted premises to the sidewalks, streets or areas abutting the licensed premises between the hours of 11:00 p.m. and 11:00 a.m.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.098 Use of premises during suspension or closing order.

It shall be a violation for a licensee, servant, employee or agent to advertise, display, sell, or offer for sell or allow consumption of intoxicating liquor or non intoxicating liquor on premises during the time that any license or permit has been suspended, revoked or during a closing order. All drink establishments that are not a restaurant must close during their suspension or closing order. The Excise Commissioner may revoke the license upon a violation of this section.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.100 Sale to habitual drunkards or drunken persons.

No person licensed under the provisions of this chapter or title, his agent, servant or employee, shall sell or supply intoxicating liquor or nonintoxicating beer, or permit the same to be sold or supplied, on or about the licensed premises, to a habitual drunkard or to any person who is under, or apparently under, the influence of intoxicating liquor, or nonintoxicating beer.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.110 Lewd or indecent conduct or entertainment prohibited.

No person licensed under the provisions of this chapter or title, his agent, servant or employee shall suffer or permit any disorderly, lewd or indecent conduct on his licensed premises. Nor shall any person licensed under the provisions of this chapter or title, his agent, servant or employee, suffer or permit the exhibition of any motion picture or any form of video display which contains, portrays, or depicts any act defined in Section 14.01.170 as lewd or indecent conduct.
(Ord. No. 68536, 6, 12-15-2009.)

Cases:

Ordinance prohibiting "lewd or indecent conduct" or "immoral dancing" on licensed premises was not unconstitutionally vague. Queen of Diamonds, Inc. v. McLeod, 680 S.W. 2d 289 (Mo. App. 1984).

14.05.120 Spiking prohibited.

No person possessing a license under this chapter or title, his agent, servant or employee shall suffer or permit any person while on his licensed premises to pour into, mix with, or add to any beverage, any alcohol or other liquid, or any alcohol cubes, or other ingredients that will increase or tend to increase the alcoholic content of the beverage.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.125 Liquor refilling prohibited.

No person licensed under this chapter or title, his agent, servant or employee may bottle or refill any intoxicating liquor from any barrel, bottle or other container.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.130 Drinking of alcoholic beverages and open containers on package premises--Prohibited.

No person to whom a package license has been issued pursuant to the provisions of this chapter or title, his agent, servant or employee shall suffer or permit any alcoholic beverages with an alcoholic content in excess of one-half of one percent alcohol by volume to be consumed on his licensed premises. Nor shall a package licensee, his agent, servant or employee suffer or permit any alcoholic beverages with an alcoholic content in excess of one-half of one percent alcohol by volume to be on or about his licensed premises, except such beverages as shall be contained in the original, unopened container, with an unbroken seal thereon. No person shall consume any beverage containing alcohol in excess of one-half of one percent by volume on a premises for which a package license has been issued.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.140 Sale of intoxicating liquor or nonintoxicating beer to persons occupying an automobile--Prohibited.

It shall be unlawful for any person to whom a retail license has been issued under this chapter or title or for his agents, servants or employees to sell or otherwise dispose of intoxicating liquor or nonintoxicating beer to any person through a drive-up window or to suffer or permit intoxicating liquor or nonintoxicating beer to be sold or otherwise be disposed of through a drive-up window. Nor shall a licensee, his agents, servants or employees sell or otherwise dispose of intoxicating liquor or nonintoxicating beer to any person while such person is inside of a motor vehicle, or suffer or permit the same to be done on or about his licensed premises.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.150 Licensees required to allow public to use telephones--When.

It shall be a violation for any person to whom a retail license has been issued under the provisions of this chapter or title, or for any agent, employee or servant of such licensee, to deny access to a telephone to any person wishing to place a local telephone call to the Police Department or other law enforcement agency, Fire Department, emergency medical service, ambulance or the Excise Division, whether or not such telephone is generally made available for use by the public.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.160 Failure to obey a subpoena issued by the Excise Commissioner--Violation.

The refusal of any licensee, employee, servant, agent or any other person duly served with a subpoena to obey the subpoena issued by the Excise Commissioner is a violation of this chapter or title.
(Ord. No. 68536, 6, 12-15-2009.)

14.05.170 Interfering with a liquor control officer.

It shall be a violation of this title for any person to hinder, harass, obstruct or interfere with a Liquor Control Officer in the performance of his duties.
(Ord. No. 68536, 6, 12-15-2009.)

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