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BULLET St. Louis City Revised Code Chapter 14.06 General Licensing

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 14.06
General Licensing

Sections:

14.06.010 License--Required.
14.06.020 License--Applications.
14.06.030 Licenses and permits--Issuance.
14.06.040 Duration.
14.06.050 Renewal of license.
14.06.060 Extension of license.
14.06.070 Separate license for each location.
14.06.075 Lost or destroyed license.
14.06.080 Manufacturers and wholesalers not to have interest in retail businesses.
14.06.090 Disposition of fees.
14.06.100 Qualifications of licensee--Natural persons.
14.06.110 Qualifications of licensee--Corporations and clubs.
14.06.120 Qualifications of licensee--Financial interests--Corporations.
14.06.130 Qualifications of licensee--Partnerships.
14.06.140 Qualifications of licensee--Financial interest--Intoxicating liquor and nonintoxicating beer licenses.
14.06.150 Qualifications of licensee--Financial interest--In other drink licenses.
14.06.160 Change of ownership.
14.06.165 Change of facts.
14.06.170 Transfer of corporate stock--Of corporations listed on stock exchanges.
14.06.180 Transfer of corporate stock--All other corporations.
14.06.190 New petitions for corporations.
14.06.200 Corporate licensees required to maintain corporate status.
14.06.205 Managing officers, when, qualifications--Limitations on management agreements.
14.06.207 Change in Managing Officer.
14.06.210 Employees--Qualifications.
14.06.220 Employees--Fingerprinting.
14.06.225 Employee prohibition from drinking while working.
14.06.230 Persons functioning as employees.
14.06.240 Licensees to notify Excise Commissioner of employees.
14.06.250 Package license--Businesses enumerated.
14.06.260 Package licensee--Fee.
14.06.270 Licenses prohibited in certain places.
14.06.280 Record restrictions and zoning laws.
14.06.290 License--Revocation, cancellation, fine or suspension--General.
14.06.300 License--Revocation, cancellation, suspension or fine--Renewed licenses.
14.06.310 License--Revocation, cancellation, suspension, or fine--Picnic licenses.
14.06.320 License--Revocation, cancellation, suspension, or fine--Procedure.
14.06.330 License transfers.
14.06.340 Conduct of business upon licensed premises.

City Counselor Ops.: 9355

McQuillin:

26.180--26.198 Beverage and beer licenses

14.06.010 License--Required.

No person shall manufacture or brew or distill intoxicating liquor or nonintoxicating beer within the City or sell or offer or expose for sale within the City any intoxicating liquor or nonintoxicating beer at wholesale or retail without procuring a license as required by this chapter and title. Nor shall any person who shall import intoxicating liquor or nonintoxicating beer into the City sell or offer the same for sale without first procuring a license as required in this chapter and title. Nor shall any person operating any premises where food, nonalcoholic beverages or entertainment are sold or provided for compensation allow intoxicating liquor or nonintoxicating beer to be consumed in, on or about his premises without having first procured a license as required in this chapter and title.
(Ord. No. 68536, 7, 12-15-2009.)

Charter:

Art. I 1 (23) Regulation of business

Cases:

License revocation--sufficient evidence on record--burden on plaintiff to demonstrate error. Baker and Theodre Inc. v. Quinn, 400 S.W. 2d 477 (St. L. Ct. App. 1966).

Revocation of license sustained--failure to operate orderly place--right to counsel--failure to provide record on appeal. State ex rel. Sansone v. Quinn, 426 S.W. 2d 917 (St. L. Ct. App. 1968).

Suspension upheld for sale to adult acting as agent for minor--Owner responsible for acts of employee. Mitchell v. Quinn, 538 S.W. 2d 747 (St. L. Ct. App. 1976).

14.06.020 License--Applications.

All applications for issuance or renewal of licenses, pursuant to the provisions of this chapter or title, shall be addressed to and delivered to the Excise Commissioner together with supporting proofs as may be required by the provisions of this code, or any rule, regulation, order or direction of the Excise Commissioner. Furthermore, applications for issuance or renewal of a license or a catering permit shall also include a statement from the Director of Revenue of the State of Missouri that the applicant has paid all sales and use taxes due, if any, including all penalties and interest. Any and all statements made and documents submitted in connection with a petition for a license, and in connection with a petition for a renewal of a license, shall be true and complete. It is the responsibility of both the licensee and the managing officer to provide the Excise Commissioner with updated valid addresses and phone numbers where they can be reached at all times. Any false statements may result in the refusal of issuance, administrative fine of five hundred dollars, revocation, cancellation or suspension of a license, or any combination thereof.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.030 Licenses and permits--Issuance.

All licenses issued under this chapter or title shall be issued by the License Collector, but no license shall be issued except with the approval of the Excise Commissioner as evidenced by a certificate of approval over the signature of the Excise Commissioner. All permits provided for by this chapter or title shall be issued by the Excise Commissioner. No license or permit for which fees are fixed in this chapter or title shall be issued except upon payment of the prescribed fee. In addition to the certificate of approval over the signature of the Excise Commissioner, the license issued by the License Collector shall bear the facsimile signature of the Excise Commissioner.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.040 Duration.

Drink, package, C.O.L., brewers, manufacturers and wholesalers licenses shall be for a period of one (1) year. Place of entertainment and place of amusement permits shall also be for a period of one (1) year. 3:00 a.m. Closing permits shall be for a period of six (6) months. A picnic license shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor or nonintoxicating beer for more than seven (7) days for each event and there shall be no more than four events in any calendar year.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.050 Renewal of license.

The Excise Commissioner shall have the authority to authorize the renewal of all licenses issued under the provisions of this chapter or title from term to term, except to the extent that such authority is limited or denied by any other provision of this chapter or title or by any other law.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.060 Extension of license.

The Excise Commissioner shall have discretion to extend the term of any license issued under the provisions of this chapter or title, for a period not to exceed one hundred eighty (180) days from the date of expiration of such license, for the purpose of completing investigations and other necessary elements in the processing of renewal applications. The charge for the extension shall be the same percentage of the annual license fee as the extension period constitutes of the annual license period.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.070 Separate license for each location.

A separate license must be obtained for each premises or place of business in the same building, then the building shall be partitioned in a manner that the partitions shall run from the front of the building to the rear of the building, from the ceiling to the floor and be permanently affixed to the ceiling, floor, front and rear of the building in a manner as to make two separate distinct premises. Their shall be a separate entrance for each premises and each premises shall have a different street address where intoxicating liquor and/or nonintoxicating beer is sold and no person in any capacity shall sell intoxicating liquor or nonintoxicating beer in any place other than is designated in a license issued pursuant to this ordinance or title.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.075 Lost or destroyed license.

Whenever a license is lost or destroyed, a written statement shall be submitted with the date which the license was lost or destroyed and under what circumstances the license was lost or destroyed. A duplicate license will be issued upon the payment of twenty dollars ($20.00) to cover the cost of the duplicate license.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.080 Manufacturers and wholesalers not to have interest in retail businesses.

A. Manufacturers, distillers, wholesalers, wine makers, brewers or their employees, officers or agents shall not, under any circumstances, directly or indirectly, have any financial interest in the retail business for the sale of intoxicating liquor or nonintoxicating beer, and shall not, directly or indirectly, loan, give away or furnish equipment, money, credit or property of any kind, except ordinary commercial credit for intoxicating liquor or nonintoxicating beer sold, to retail dealers except as provided by state or federal law or regulation. Proof of such relationship shall be grounds for revoking the license of the manufacturer, distiller, or wholesaler, or wine maker, or brewer and the retailer. No manufacturer, distiller, wholesaler, wine maker, or brewer, or the employees, officers or agents thereof, shall make any contract in any way concerning any of their products, obligating retail dealers to buy or sell only the products of any manufacturer, distiller, brewer, or wine maker, or obligating retail dealers to buy or sell the major part of such products required by retail vendors from any manufacturer, distiller, brewer or wine maker, and proof of the execution of any such arrangement, or contract may result in the cancellation of or revocation of the license of the manufacturer, brewer, wholesaler, or distributor and of the retailer.

B. Notwithstanding any other provision of this chapter or title to the contrary, manufacturers, wholesalers, distillers, wine makers, brewers or their employees, agents or officers shall be permitted to make contributions of money or merchandise to a licensed retail dealer that is a charitable or religious organization or an educational institution if such contributions are unrelated to such organization's retail operations.

C. Notwithstanding any other provision of this chapter or title to the contrary, a brewer or manufacturer, its employees, officers or agents may have a financial interest in the retail business for sale of intoxicating liquor and nonintoxicating beer at entertainment facilities owned, in whole or in part, by the brewer or manufacturer, its subsidiaries or affiliates including, but not limited to, arenas and stadiums used primarily for concerts, shows and sporting events of any kind.
(Ord. No. 68536, 7, 12-15-2009.)

City Counselor Ops.: 8865

Cases:

Wholesale grocer who sold five percent beer and groceries to retailers was not prohibited by ordinance from selling groceries to the retailers on credit. Tom Boy, Inc. v. Quinn, 431 S.W. 2d 221 (Mo. en banc. 1968).

14.06.090 Disposition of fees.

All fees collected by the License Collector and the Excise Commissioner pursuant to the provisions of this chapter and title shall be accounted for and paid into the City Treasury, as other funds belonging to the City are accounted for and paid. The Comptroller shall set aside out of such funds an amount sufficient to pay the expenses of the Excise Division for the current and fiscal years and to credit the balance thereof to the municipal revenue fund of the City.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.100 Qualifications of licensee--Natural persons.

A. No natural person shall be qualified for a license under the provisions of this chapter or title unless he: (1) is of good moral character; (2) is registered to vote in this state; (3) has paid all taxes and license fees due and/or payable by him to the City; (4) has never been convicted since the ratification of the Twenty-First Amendment of the Constitution of the United States of a violation of the provisions of any state or federal statute governing, regulating, or otherwise applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer; (5) has not been convicted of violating the provisions of any state or federal statute relating to prostitution, contribution to the delinquency of a minor or sexual offenses involving persons other than consenting adults; (6) has not been convicted of violating any provision of state or federal law making it a felony to use, possess, or sell a controlled substance; (7) has not had a license issued under the provisions of this chapter or title, or their predecessors, revoked within two years of the date of his petition; (8) was not a managing officer, corporate officer, or stockholder, holding ten percent or more of the outstanding stock or other financial interest, of a corporation which had a license under the provisions of this chapter or title, or their predecessors, revoked within two years of the date of his petition; and (9) is not indebted to any person, partnership or corporation which would not be qualified for a license under the provisions of this chapter, provided that the Excise Commissioner may waive this prohibition where he finds that the person, partnership or corporation to whom an applicant or licensee is indebted (a) has not, since the ratification of the Twenty-First Amendment to the United States Constitution, been convicted of a violation of the provisions of any state or federal statute governing, regulating, or otherwise applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer, and (b) is of good moral character. An applicant or licensee who is not an assessed taxpayer must file a return for all property for which he is legally subject to taxation at the earliest date such return is acceptable to the City Assessor. The Board of Aldermen specifically finds that crimes of the nature enumerated in subsection (5) above make a person unfit and incompetent to possess a liquor license.

B. A natural person who has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor or nonintoxicating beer, and who is not otherwise disqualified by operation of the provisions of subsection (A) of this section, shall nevertheless be presumed not to be qualified for a license under the provisions of this chapter and title. However, the applicant or licensee may request that the Excise Commissioner hold a hearing on such issue. If after a hearing, the Excise Commissioner determines that as a result of the crime for which such person was convicted, and the factual basis underlying such conviction, he is not unfit or incompetent to hold a liquor license, then such person shall not be disqualified from possessing a liquor license on the basis of such conviction.

C. Where an applicant or licensee has been found to be unfit or incompetent to hold a license the Excise Commissioner shall deny the application or revoke the license held by such person.

D. Nothing in this section shall prevent the Excise Commissioner from considering the facts underlying an applicant's or licensee's felony conviction when determining whether such applicant or licensee is of good moral character.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.110 Qualifications of licensee--Corporations and clubs.

All corporations and clubs licensed under the provisions of this title must comply with all City ordinances, and all state statutes, which pertain to corporations. The managing officer, for liquor licensing purposes, of all corporations and clubs applying for a license under the provisions of this title must meet all the qualifications of a natural person as set forth in the preceding section. Managing officers of corporations and clubs may not be changed without the prior approval of the Excise Commissioner. No corporation or club shall be qualified for a license under this chapter or title unless (1) all officers and directors thereof are of good moral character and (2) it has paid all taxes due and payable by it to the City.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.120 Qualifications of licensee--Financial interests--Corporations.

A. No corporation shall be qualified for a license under the provisions of this chapter or title if the corporation, or any officer, director or stockholders, owning, individually or in the aggregate, legally or beneficially, directly or indirectly, ten percent or more of the stock of the corporation or other financial interest therein: (1) shall have had a license revoked under the provisions of this chapter or title, or their predecessors, within two years of the date of the petition; (2) shall have been a managing officer, corporate officer or stockholder, owning, legally or beneficially, directly or indirectly, ten percent or more of the stock of the corporation, of a corporation which had a license issued under the provisions of this chapter or title, or their predecessors, revoked within two years of the date of the petition; (3) shall have been convicted of a violation of the provisions of any state or federal statute governing, regulating, or otherwise applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer since the ratification of the Twenty-First Amendment to the Constitution of the United States; (4) shall have been convicted of violating the provisions of any state or federal statute relating to prostitution, contribution to the delinquency of a minor, or sexual offenses involving persons other than consenting adults; (5) has not been convicted of violating any provision of state or federal law making it a felony to use, possess, or sell a controlled substance; or (6) is indebted to any person, corporation or partnership which would not be qualified to possess a license under the provisions of this chapter, provided that the Excise Commissioner may waive this prohibition where he finds that the person, partnership or corporation to whom a corporation is indebted (a) has not, since the ratification of the Twenty-First Amendment been convicted of a violation of the provisions of any state or federal statute governing, regulating, or otherwise applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer, and (b) is of good moral character. The Board of Aldermen specifically finds that crimes of the nature enumerated in subsection (A)(4) of this section make a person unfit and incompetent to have a financial interest in a corporation possessing a liquor license.

B. If a corporation or any officer, director or stockholders, owning, individually or in the aggregate, legally or beneficially, directly or indirectly, ten percent or more of the stock of the corporation or other financial interest therein, shall have been convicted of a felony unrelated to the sale or manufacture of intoxicating liquor or nonintoxicating beer, and the corporation is not otherwise disqualified by operation of subsection (A) of this section, the corporation shall nevertheless be presumed not to be qualified for a license unless a request is made for a hearing before the Excise Commissioner on the issue of the corporation's qualifications. If after a hearing, the Excise Commissioner determines that as a consequence of the crime resulting in the conviction, and the factual basis underlying the conviction, the corporation is not unfit or incompetent to hold a liquor license such corporation shall not be disqualified from possessing a liquor license on the basis of such conviction.

C. Where a corporation is found to be unfit or incompetent to hold a license, the Excise Commissioner shall either deny the corporation's application or revoke its license.

D. Nothing in this section shall prohibit the Excise Commissioner from considering the facts underlying the conviction of a corporation, or any of its officers, directors or stockholders when making a determination as to the moral character of such officers, directors and stockholders.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.130 Qualifications of licensee--Partnerships.

No partnership shall be qualified for a license under the provisions of this chapter or title if any natural person who is a member of the partnership would not be qualified for a license pursuant to the provisions of Section 14.06.110. Where a corporation is a member of a partnership, the partnership shall not be qualified for a license if the corporation would not be qualified for a license pursuant to the provisions of Sections 14.06.120 or 14.06.130.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.140 Qualifications of licensee--Financial interest--Intoxicating liquor and nonintoxicating beer licenses.

Any person to whom more than one (1) retail license has been issued under the provisions of this chapter or title who shall suffer the revocation of one of his licenses shall not be eligible to renew his other licenses when they expire. No additional license provided for by this chapter or title shall be issued to such person for a period of two (2) years from the date of expiration of the last of his licenses for which renewal was refused. No person licensed under the provisions of this chapter or title for the sale at retail of intoxicating liquor may be employed on, or perform any acts commonly performed by an employee on premises licensed to another person under the provisions of this chapter or title for the sale at retail of nonintoxicating beer. No person licensed under the provisions of this chapter or title for the sale at retail of nonintoxicating beer may be employed on, or perform any acts commonly performed by an employee on premises licensed to another person under the provisions of this chapter or title for the sale at retail of intoxicating liquor.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.150 Qualifications of licensee--Financial interest--In other drink licenses.

No person shall have more than three (3) drink licenses or sell intoxicating liquor by the drink at retail for consumption on the premises where sold at more than three (3) places in this state. In determining whether a person or corporation to which a drink license has been issued has more than five (5) drink licenses the Excise Commissioner shall include all licenses issued to any employee, officer, agent, subsidiary or affiliate of a person or corporation in the total of the licenses held by such person or corporation. Provided further, that the Excise Commissioner shall not include in the total of the drink licenses issued to a person or corporation, for purposes of this section, any drink license issued for a restaurant, as that term is defined in Section 14.01.240.
(Ord. No. 68536, 7, 12-15-2009.)

City Counselor Ops.: 10264

14.06.160 Change of ownership.

No person licensed under the provisions of this chapter or title may sell, lease, sub-lease, rent, hypothecate, convey, assign or otherwise transfer in any manner a financial interest, other than the sale of personal property removed from the licensed premises, other than corporate stock or ordinary bank or commercial credit, in all, or in any part of his licensed premises unless the person(s) to whom such interest is to be transferred: (1) has first filed with the Excise Commissioner a complete new application for a license, including, when required, a neighborhood consent petition; and (2) the Excise Commissioner has approved the application of the person(s) to whom such interest is to be transferred.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.165 Change of facts.

Whenever there is a change in the license status, such a death of licensee, change of managing officer, change of ownership, or change in the "doing business as" name, the applicant, the licensee or his representative shall notify the Excise Commissioner in writing within ten days of the change. Further, if the change in the license status is a change in the "doing business as" name, then the licensee or his representative shall submit a Missouri State Sales Tax Number that reflects the change in the "doing business as" name.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.170 Transfer of corporate stock--Of corporations listed on stock exchanges.

Corporations licensed under the provisions of this chapter or title with stock listed on stock exchanges or available for purchase by the public through recognized stock brokers, must comply with all rules, regulations, orders and directions of the Excise Commissioner relating to such corporations.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.180 Transfer of corporate stock--All other corporations.

All corporations, except those provided for in Section 14.06.170, licensed under the provisions of this chapter or title shall notify the Excise Commissioner in writing, any time corporate stock or a corporate stock option is sold or conveyed in any manner, and any time a corporate officer is changed. The written notice must be delivered in person or sent by registered mail to the Excise Commissioner within ten (10) days of the sale, conveyance or change.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.190 New petitions for corporations.

Whenever the reports required by Section 14.06.180 show that the total amount of stock sold, or conveyed in any manner, or placed under option, to a person or persons who were not stockholders at the time the last complete petition for a license was approved by the Excise Commissioner, exceeds fifteen percent (15%) of the outstanding stock of the corporation, such corporation must file a complete new petition with the Excise Commissioner. Provided, that when the sale of liquor is merely incidental to the primary business conducted by such corporation on their licensed premises, the Excise Commissioner may, in his discretion, waive the requirement of neighborhood approval in connection with such complete new petition.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.200 Corporate licensees required to maintain corporate status.

A corporation licensed under this chapter or title is required to maintain its corporate charter in good standing in order to maintain its license. If a corporation licensed under the provisions of this chapter or title has its charter revoked, the Excise Commissioner shall immediately revoke its liquor license. If a corporation licensed under the provisions of this chapter or title forfeits its charter, the Excise Commissioner shall revoke its liquor license thirty (30) days after the date the charter becomes forfeit, unless the charter has been reinstated during that period.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.205 Managing officers, when, qualifications--Limitations on management agreements.

A. All corporations, clubs and partnerships shall be required to name a managing officer at the time an application for a retail license is made. Any corporation, club or partnership to which a retail license had been issued prior to the effective date of the ordinance codified in this title, and which had not previously named a managing officer, shall provide the Excise Commissioner with the name of the managing officer upon making application for renewal of its license.

B. Any individual licensee who does not intend to supervise the day-to-day operation of his liquor-licensed premises shall also be required to name a managing officer at the time application for a retail license is made. Further, any individual licensee, to whom a license was issued prior to the effective date of the ordinance codified in this title, and who does not oversee the day-to-day operation of his liquor licensed premises, shall provide the Excise Commissioner with the name of the managing officer upon making application for renewal of his license.

C. When a licensee is required to provide the Excise Commissioner with the name of a managing officer, the licensee must name as managing officer the person with day-to-day charge of the operation of the liquor-licensed premises. No person shall qualify to act as a managing officer of a licensee unless said person would be qualified for a license pursuant to the provisions of Section 14.06.110.

D. A licensee may enter into an agreement with another person to manage the licensee's premises, subject to the following restrictions:

1. If the person who will be managing the licensed premises is a natural person he must meet all of the qualifications, set forth in Section 14.06.110, which a natural person must meet to be qualified for a license; if the person who will be managing the licensed premises is a corporation or partnership, said person must meet all of the qualifications which a corporation or partnership must meet to be qualified for a license; and

2. No money, or other thing of value, may be paid or transferred to the licensee by the person who is to manage the licensee's premises, or any other person, as inducement, consideration or compensation for the licensee's entering into the management agreement;

3. The person who is to manage the licensed premises may not receive, as compensation, bonus or gift, more than 25% of the gross profits of the licensed premises. Nothing herein shall prevent payment of a salary to the person who is to manage the licensed premises.

4. Where the person who is to manage the licensed premises is a corporation or partnership, an employee, director or partner of such corporation or partnership, who will have actual charge of the day-to-day operations of the licensed premises, must be named as managing officer pursuant to the provisions of this section.

5. All management agreements must be in writing and a copy thereof must be provided to the Excise Commissioner at least one week prior to the effective date thereof.

E. Any person who enters into a management agreement which does not comply with all of the conditions set forth in subsection (D) of this section, shall be guilty of an ordinance violation.

F. In the event the position of managing officer becomes vacant, the corporation must name a managing officer with fifteen (15) days after the vacancy occurs, with a managing officer being qualified under the provisions of this title.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.207 Change in Managing Officer.

A licensee intending to make a change in its managing officer for an existing business licensed under this title shall not operate with its new managing officer without first submitting written approval from the managing officer to the Excise Commissioner. He/she shall not participate in the operation of the business without said approval. An application for a change in managing officer shall be made to the Excise Commissioner and shall cost forty dollars ($40.00) to defray the cost of investigation and processing the application. The fee is nonrefundable.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.210 Employees--Qualifications.

A. No person licensed under the provisions of this chapter or title may employ any person: (1) whose license issued under the provisions of this chapter or title, or their predecessors, has been revoked during the preceding two years; (2) who was a managing officer, corporate officer or corporate stockholder holding more than 5% of stock of a corporation whose license issued under the provisions of this chapter or title, or their predecessors, has been revoked during the preceding two years; (3) who has been convicted since the ratification of the Twenty-First Amendment to the Constitution of the United States of violating the provisions of any state or federal statute governing, regulating, or otherwise applicable to the manufacturer or sale of intoxicating liquor or nonintoxicating beer; or (4) has been convicted of violating the provisions of any state or federal statute relating to prostitution, contribution to the delinquency of a minor, or sexual offenses involving persons other than consenting adults; or (5) has been convicted of any state or federal statute making it a felony to use, possess or sell a controlled substance. The Board of Aldermen specifically finds that crimes of the nature enumerated in subsection (A)(4) of this section make a person unfit and incompetent to work on or about a licensed premises.

B. A person who has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor or nonintoxicating beer, and who is not otherwise disqualified by operation of the provisions of subsection (A) of this section, shall nevertheless be presumed to be disqualified from working on a licensed premises in a capacity related to sale or handling of alcoholic beverages. However, such person or his employer may request a hearing before the Excise Commissioner on such issue. If, after a hearing, the Excise Commissioner determines that as a result of the crime for which said person was convicted, and the factual basis underlying such conviction, he is not unfit or incompetent to work in a capacity related to sale or handling of alcoholic beverages, he shall then allow such person to be employed in such capacity. Where such person is found to be unfit or incompetent, he shall be disqualified from working in such capacity.
(Ord. No. 68536, 7, 12-15-2009.)

Cases:

A municipal prohibition against the employment of convicted felons by liquor licensees is in conflict with the state statute limiting the disqualifications and disabilities which may be imposed on those who are convicted of crimes insofar as it disables and disqualifies felons from employment by liquor licensees when their crimes, convictions or sentences are not reasonably related to their competency to be employed by the liquor licensees. Mager v. City of St. Louis, 699 S.W. 2d 68 (Mo. App. 1985).

14.06.220 Employees--Fingerprinting.

Persons licensed under the provisions of this title shall require their employees to submit to fingerprinting when it is deemed necessary by the Excise Commissioner in order to determine if they meet qualifications of employees.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.225 Employee prohibition from drinking while working.

It shall be unlawful for a licensee and/or managing officer to allow an employee, servant or agent who is on duty to consume any intoxicating liquor or nonintoxicating beer while working on or about the licensed premises, except when the licensed premises is closed to the public.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.230 Persons functioning as employees.

No person licensed under the provisions of this chapter or title shall allow or suffer or permit any person to perform any act commonly performed by an employee when the person would not be permitted to perform the act as an employee under the provisions of this chapter or title.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.240 Licensees to notify Excise Commissioner of employees.

All persons to whom a drink, C.O.L. or package license has been issued under the provisions of this chapter or title shall obtain a Missouri State Highway Patrol Criminal record check and notify the Excise Commissioner in writing of all employees who handle or sell, or assist in the handling or sale of intoxicating liquor or nonintoxicating beer in any manner, or function in an administrative, managerial or supervisory capacity with respect to employees who do handle or sell intoxicating liquor or nonintoxicating beer. The notice shall be in writing and must be delivered in person to the Excise Commissioner's office or deposited in the United States mail on or before the fifth day of the month following the date on which the persons first became employees. Provided, that there shall be no penalty imposed on a licensee for employing an ineligible employee if the licensee: (1) was unaware that such employee was ineligible for employment under the provisions of this chapter and title, (2) has timely notified the Excise Commissioner of his employment of said employee as provided herein, and (3) within fourteen (14) days of being notified by the Excise Commissioner that such employee is ineligible removes the employee from the position for which he is ineligible by either dismissing or transferring him.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.250 Package license--Businesses enumerated.

A. The Excise Commissioner shall not issue a new package license to any person for a premises unless said premises is, or shall be used as, either a pharmacy, retail grocery or convenience store, and/or a florist. As used in this section, the term "pharmacy" means a retail establishment which employs at least one full-time registered pharmacist. The term "retail grocery convenience store" shall mean a retail establishment which (1) has a minimum of 1500 net square feet of sales area, including glassed security areas, exclusive of storage rooms, walk-in coolers, restrooms, and areas not generally accessible to the general public; (2) displays a minimum of 750 separate and distinguishable products for sale, exclusive of alcoholic beverages, tobacco products, gasoline, oil, and automotive supplies; and (3) each month purchases, or for premises making application for a new license will purchase, products for resale, exclusive of alcoholic beverages, tobacco products, gasoline, oil and automotive supplies, which have a minimum wholesale cost of $5,000.00. Should a premise for which a new license is issued after the effective date of this section cease to operate as a pharmacy, florist, or retail grocery or convenience store, the Excise Commissioner shall then either cancel or revoke the issued license. Nothing herein shall prevent the Excise Commissioner from renewing a package license for a premise which is not a pharmacy, florist, retail grocery or convenience store for which a package license was initially issued prior to the effective date of this section.

B. Further, nothing in this chapter shall prevent the Excise Commissioner from issuing a new package license to a person for a premises for which a valid package license was in effect on the date such person files his application for said license, when the applicant has entered into a contract with the existing licensee for the purchase of the premises, inventory, and/or good will of the existing licensed business.

C. Notwithstanding any other provisions of this chapter or title, if a license has been issued for a premises prior to effective date of this chapter, and said premises is then blighted or condemned or the licensee is required to move from said premises by some other form of governmental action, then the licensee may relocate to another premises outside of the petition circle of the initial premises, regardless of whether said new premises complies with the requirements of this section, provided, that the licensee obtains neighborhood consent, pursuant to the provisions of Section 14.08.050 et seq.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.260 Package licensee--Fee.

The payment of a fee for a package license shall not exempt any person from liability for a merchant's or business license tax, but the value of intoxicating liquor or nonintoxicating beer sold at retail in the original package shall not be included in the computation of a merchant's tax.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.270 Licenses prohibited in certain places.

No license issued under the provision of this title shall be granted or renewed in a building or portion of a building occupied or used for an unlawful purpose, nor in any room or portion of a building connected by any entrance or exit or other means of communication with any room or place used for an unlawful purpose.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.280 Record restrictions and zoning laws.

The Excise Commissioner shall not recommend the issuance of a license under the provisions of this title in violation of any record restrictions upon the property on which it is proposed to operate, or in violation of any zoning laws of the City.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.290 License--Revocation, cancellation, fine or suspension--General.

Any person holding any license issued pursuant to the provisions of this title and who violates any of the terms of this title, or any rule, regulation, order or direction of the Excise Commissioner shall, in addition to the other penalties provided for, suffer the revocation of his license by the Excise Commissioner; or, the Excise Commissioner may in his discretion warn a licensee, or may suspend his license for not more than ten (10) days for each violation, may cancel his license or impose an administrative fine of five hundred dollars for each violation, or any combination thereof.
(Ord. No. 68536, 7, 12-15-2009.)

City Counselor Ops.: 8062, 9547-A

McQuillin:

26.197 Revocation of licenses

14.06.300 License--Revocation, cancellation, suspension or fine--Renewed licenses.

The Excise Commissioner shall have authority to suspend, cancel, impose an administrative fine of five hundred dollars for each violation, revoke or impose any combination thereof any license renewed under the provisions of this title for any violations of this code or for any violations or infractions of the rules, regulations, orders and directions, terms or conditions of the Excise Commissioner which occurred during the term of any prior consecutive license issued to the same person for the same premises.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.310 License--Revocation, cancellation, suspension, or fine--Picnic licenses.

In addition to the other procedures provided herein, if the Excise Commissioner, in his judgment, believes that premises covered by a picnic license are disorderly in any manner, he shall have the authority to order the immediate summary suspension of such license. A hearing shall be held on the next working day following such summary suspension. If the Excise Commissioner, after the hearing, decides the continuation of the license is detrimental to the best interests of the neighborhood, based on consideration of the factors enumerated in Section 14.08.040 he shall revoke or cancel the picnic license or impose an administrative fine of five hundred dollars per violation, or any combination thereof.
(Ord. No. 68536, 7, 12-15-2009.)

14.06.320 License--Revocation, cancellation, suspension, or fine--Procedure.

Before imposing a fine, revoking, canceling, suspending any licenses, except picnic licenses, granted pursuant to the provisions of this title, the Excise Commissioner shall give the licensee at least ten (10) days written notice of any complaint or charge against him and the nature of the complaint or charge, and shall fix the date for the hearing on the complaint or charge, upon which hearing the licensee shall have the right to have counsel and to produce witnesses in his behalf. If the Excise Commissioner, shall, after the hearing, fine, revoke, suspend or cancel the license of the licensee, his final decision and action thereon shall be reviewable in the Circuit Court as provided by law.
(Ord. No. 68536, 7, 12-15-2009.)

City Counselor Ops.: 8295

14.06.330 License transfers.

A. No license issued under the provisions of this title shall be transferred except as specified in this section:

1. In the case of death of a person licensed under the provisions of this title the Excise Commissioner may transfer the license to the widow or widower or next of kin of such deceased, provided that the transferee meets the requirements and qualifications of this title.

2. In the case of the death or withdrawal of one or more of the members of a partnership to which a license has been issued under the provisions of this title, the Excise Commissioner shall, upon request, transfer the license to permit the remaining partner or partners to operate the business.

3. In cases where a license has been issued under this chapter or title to a sole proprietorship or partnership, the Excise Commissioner may, upon request, transfer the license to a corporation, provided that: (a) if the license was issued to a sole proprietorship, the person to whom the license was initially issued owns all of the stock in the corporation to which the license is to be transferred; or (b) if the license was issued to a partnership, all of the stock in the corporation to which the license is to be transferred is held by persons who were member of the partnership.

4. Where a license has been issued in the name of an individual, the Excise Commissioner may, upon request, transfer the license to a partnership consisting of such individual and his or her lawful spouse. The Excise Commissioner is without authority to transfer a license held by an individual to a partnership in which a person other than the lawful spouse of the licensee is a member.

B. A license issued under the provisions of this chapter or title may, in the discretion of the Excise Commissioner, be transferred to any other premises within the petition circle of the currently licensed premises, provided that the licensee had obtained neighborhood consent to operate at the currently licensed premises. Provided, however, that no license issued for a motor vehicle service station business can be transferred to a different location.

C. Licenses transferred pursuant to this section shall be renewable. It shall not be necessary for a person or entity to which a license has been transferred pursuant to subsection (A) of this section to file a neighborhood consent petition. Nor shall it be necessary for a licensee which has had a license transferred to a new premises pursuant to subsection (B) of this section to file a neighborhood consent petition for the new premises.
(Ord. No. 68536, 7, 12-15-2009.)

McQuillin:

26.196 Transfer to other place or person

14.06.340 Conduct of business upon licensed premises.

No person shall conduct or operate any business upon a licensed premises other than the person to whom the license for such premises has been issued.
(Ord. No. 68536, 7, 12-15-2009.)

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