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BULLET St. Louis City Revised Code Chapter 14.08 Retail Licenses

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 14.08
Retail Licenses

Sections:

14.08.010 Licenses and permits--Term--Fees.
14.08.020 License application--Contents.
14.08.030 Persons who own property, reside or conduct business within the petition circle.
14.08.040 License detrimental to neighborhood--Factors to be considered by Excise Commissioner in making determination.
14.08.050 License applications--Neighborhood approval--Exemptions--Petition contents.
14.08.055 Activities on licensed premises not limited to those identified on application--Exceptions--Excise Commissioner to be notified of new activities to be conducted on licensed premises.
14.08.060 License applications--Notice--Hearings.
14.08.070 License approval--Generally.
14.08.080 License approval--Discretion of Excise Commissioner.
14.08.090 License renewal applications-- When--How made.
14.08.100 Renewal of licenses--Discretion of Excise Commissioner--Suspension or extension in certain circumstances.
14.08.110 Protests against licenses or applications--When and how initiated.
14.08.120 Protest petitions--Contents--Time for collection of signatures.
14.08.130 Hearing on protest--Notice--Procedure.
14.08.140 Protests--Necessity of majority of signatures on petition protesting continuation of license--Effect of majority of signatures on petition protesting a license application.
14.08.150 Protests--Allocation of burden of proof--Grounds for sustaining protests--Effect of sustaining protest.
14.08.160 Extension of protested license.
14.08.170 Submission and Withdrawal of signatures from consent or protest petitions.
14.08.180 Common eating and drinking area--Permit--Sale of drinks for consumption.
14.08.190 Motor vehicle service stations.
14.08.200 Summer garden/sidewalk café.
14.08.210 Controlled access liquor system.
14.08.220 3:00 a.m. closing permit--Issuance--Conditions--Exemptions.
14.08.230 Temporary catering permits.
14.08.235 Annual caterers permit.

City Counselor Ops.: 9355

14.08.010 Licenses and permits--Term--Fees.

A. All retail licenses issued or renewed under this chapter or title, except for 3:00 a.m. closing permits, shall be issued for a term of one year. 3:00 a.m. closing permits shall be issued for a term of six months and may be revoked or suspended independent of the full-drink liquor license.

Notwithstanding any other provisions of this section, a picnic license shall not authorize the sale of intoxicating liquor or nonintoxicating beer by the licensee for more than seven days during the one-year term of the license.

B. The license fees for the various retail licenses which may be issued under this chapter and title shall be in the following annual amounts, which shall be payable at the time a license is issued or renewed, and these fees shall be in addition to any other fee required by law:

1. Full drink license: $450.00.

2. Full drink Sunday license: $300.00.

3. 22% drink license: $350.00.

4. 5% drink license: $75.00.

5. Full package license: $150.00.

6. 22% package license: $300.00.

7. 22% package Sunday license: $200.00.

8. 5% package license: $75.00.

9. 5% package Sunday license: $100.00.

10. 3.2% package license: $23.00.

11. C.O.L. license (club/organization): $90.00.

12. Full drink picnic license: $37.50.

13. 5% drink picnic license: $37.50.

14. Special sports stadium license: $450.00.

15. Ballroom Sunday sale permit: $300.00.

16. Place of entertainment Sunday sale permit: $300.00.

17. Place of amusement Sunday sale permit: $300.00.

18. Controlled access liquor cabinet system permit; per room charge: $5.00.

19. Catering permits:

a. Temporary catering permit, per event: $15.00 per day, per location.

b. Annual catering permit: maximum 50 days per year: $750.00; unlimited per year: $1,500.00, catering permit per event.

20. Liquor manufacturer license: $675.00.

21. Full wholesale license: $750.00.

22. Sunday original package permit: $300.00.

23. Sunday by the drink convention trade area license: $900.00.

24. Tasting permit--At package retail establishments only: $37.50.

25. Copy charge--Actual cost of document search and duplication.

26. Transcription fees--Actual cost of recording, transcribing and duplication, with a fifty dollar advance to be offset against cost.

27. Sidewalk café permit: $100.00 for processing fee, public hearing and initial permit. Thereafter annually the cost will be $25.00 per permit.

28. Summer garden permit: $100.00 for processing fee, public hearing and the initial summer garden permit. Thereafter annually the cost will be $25.00 per permit.

29. Extension of premises permits shall cost $15.00 per event.

30. Change in managing officer application fee: $40.00.

31. Plat drawing fee: $100.00.

32. 3:00 a.m. closing application processing fee: $150.00.

33. Application and placarding fee: $450.00.

34. Sunday license application: $50.00.

35. 5% Sunday by drink: $300.00.

36. Microbrewery license: $375.00.

37. Duplicate license: $20.00.

38. Dishonored check fee: $35.00.

C. The fee for a 3:00 a.m. closing permit shall be $275.00 per six-month period which amount shall be payable at the time the permit is issued or renewed. An initial 3:00 a.m. closing application fee of $150.00 is due when the application is filed. The application fee is to cover the various costs incurred by the City of St. Louis in investigating the approval petitions and processing the applications. This application fee is non-refundable.
(Ord. No. 68536, § 9, 12-15-2009.)

Charter:

Art. XX License taxes

V.A.M.S.:

311.220 Counties and cities may charge for licenses--amount

City Counselor Ops.: 8893

McQuillin:

26.187 License fees or taxes

14.08.020 License application--Contents.

A. Except as otherwise provided by this chapter and title, no retail license shall be issued to any person until such person files with the Excise Commissioner an application for a license, containing the following: Full name, age, residence, place of birth of the applicant (and if a naturalized citizen, the time and place of naturalization), the length of time he has resided within the state, whether he is a registered voter and assessed taxpaying citizen; whether or not he has ever been convicted of a felony or for a violation of any law regulating, controlling or prohibiting the sale of intoxicating liquor since the adoption of the Twenty-First Amendment; whether or not he has ever engaged in the manufacture or sale or distribution of intoxicating liquor, and if so, when, where and the nature of the business; whether or not any distiller, wholesaler, wine maker, brewer, or any employee, officer or agent of any such person has any financial interest or proposes to have any financial interest in the retail business for the sale of intoxicating liquor for which the applicant applies for license; and whether or not any such persons, either directly or indirectly, have loaned, given or furnished, or will give, loan or furnish any equipment, money, credit or property of any kind to the applicant except ordinary commercial credit for liquor or beer sold to the applicant; the names of all persons directly or indirectly interested financially in the proposed business of the applicant; and, also any additional information and supporting proofs deemed necessary by the Excise Commissioner to determine if the applicant meets the requirements of this chapter or title. The application shall be in a form provided by the Excise Division only. Upon filing of an application and payment of an application fee, the Excise Commissioner shall issue notification postcards to the applicant. The applicant must complete a postcard for each address within the petition circle and affix appropriate postage to each and return the postcards to the Excise Division where they will be checked and mailed. Five days after the postcards have been mailed, the applicant may pick up the approval petitions.

B. The Excise Commissioner shall charge each applicant for a retail license a service, processing and an administration charge of four hundred dollars ($400.00) to cover the cost of additional personnel, equipment and materials made necessary to handle the administration and adjudication of license applications.

C. A person shall be considered to own property within the petition circle if such person is the owner of record in the Office of the Assessor thirty (30) days prior to the date on which an application for a license is requested.

D. The premises for which a retail license has been issued or for which an application for a retail license has been issued shall not be considered within the petition circle.
(Ord. No. 68536, § 9, 12-15-2009.)

City Counselor Ops.: 8062, 8166

14.08.030 Persons who own property, reside or conduct business within the petition circle.

For the purposes of this chapter and title:

A. A person shall be considered to reside within the petition circle of a premises for which a retail license has been issued or for which an application for a retail license has been submitted to the Excise Commissioner if: (1) his domicile is within the petition circle; and (2) he is registered to vote from an address within the petition circle on the date on which an application is filed or a protest is initiated;

B. A person shall be considered to conduct a business within the petition circle if he is engaged in any business or professional activity and if he leases or rents space for such purpose, or owns property used for such purpose, within the petition circle. Where a corporation is conducting business within the petition circle, the signature of the local managing officer shall, for purposes of this chapter, be considered the signature of a person conducting businesses within the petition circle. The business shall have a valid business or professional service license.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.040 License detrimental to neighborhood--Factors to be considered by Excise Commissioner in making determination.

A. In determining whether issuance, renewal or continuation of a retail liquor license would be detrimental to the neighborhood in which the licensed premises is or would be located the Excise Commissioner shall consider the following factors, giving such weight thereto as he deems appropriate:

1. With regard to applications for issuance of a license and protests against such applications, the character of the neighborhood in which the premises proposed to be licensed are located, with particular consideration being given to the proximity of the proposed licensed premises to parks, churches, schools, playgrounds, residences and hospitals and to other premises licensed pursuant to this chapter or title, and with regard to renewal applications and protests against the renewal or continuation of a license, any changes in the character of the neighborhood since the issuance of the license;

2. Loitering in the immediate vicinity of the licensed premises by persons frequenting the licensed premises;

3. Littering committed by persons frequenting the licensed premises or by the licensee, his agents, servants or employees;

4. Drinking in public by persons frequenting the licensed premises;

5. Lewd and indecent conduct, including but not limited to public urination, exhibited by persons frequenting the licensed premises or by the licensee, his employees, servants or agents, whether such behavior occurs on the licensed premises or in the immediate vicinity thereof;

6. Violation by the licensee, his employees, agents or servants of any state or federal statute or municipal ordinance regulating or relating to sale of intoxicating liquor or nonintoxicating beer;

7. Commission of crimes upon or in the immediate vicinity of a licensed premises by persons frequenting the licensed premises or by the licensee, his employees, servants or agents;

8. Sale, use or possession of illegal drugs upon or in the immediate vicinity of the licensed premises by persons frequenting the licensed premises or by the licensee, his employees, servants or agents;

9. Harassing or intimidating behavior exhibited by persons frequenting or congregating about the licensed premises toward persons living in the neighborhood in which the licensed premises are located or toward persons passing by the licensed premises;

10. Noise associated with operation of the licensed premises or caused by persons frequenting the licensed premises;

11. With regard to applications for issuance of a license and protests against such applications, existing street and sidewalk congestion in the immediate vicinity of the licensed premises, and with regard to renewal applications and protests against renewal or continuation of a license, the street and sidewalk congestion associated with operation of the licensed premises;

12. The existence of proper lighting and appropriate parking facilities, or the lack thereof;

13. Other factors which, due to the character of the neighborhood or of the licensed premises or proposed licensed premises, would be relevant to the determination of whether issuance, renewal, or continuation of a license would be detrimental to the neighborhood in which the licensed premises is or would be located.

B. The Excise Commissioner may find that issuance, renewal or continuation of a license would be detrimental to the neighborhood in which a licensed premise is or would be located without finding that such detriment is or would be due to the fault or negligence, or is or would be the responsibility, of the licensee or applicant. For purposes of this section a person shall be considered to frequent a licensed premise(s) if he patronizes the licensed premises or if he loiters about in the immediate vicinity of the licensed premises but would not do so except for the existence of the licensed premises.

McQuillin:

26.192b Proximity to churches, schools

14.08.050 License applications--Neighborhood approval--Exemptions--Petition contents.

A. Except as provided by this chapter or title, no retail license shall be issued to any person who has submitted an application for a license to the Excise Commissioner, unless such person also submits a petition signed by: (1) a majority of the persons owning property within the petition circle and (2) a majority of any combination of the registered voters who reside in the petition circle and those who operate a valid business within the petition circle. With respect to a condominium created under Chapter 448 RSMo. 2000 (as amended), "persons" shall mean one head count applied to the applicable unit owners' association's authorized representative and not to each unit owner within the condominium.

B. The provisions of this section shall not apply to an application for: (1) a drink or C.O.L. license for a boat; (2) a picnic license, (3) a license for a premises located in a mall; (4) a full drink Sunday license; (5) special sports stadium license; (6) a ballroom Sunday sales permit; (7) a common eating and drinking area permit; (8) a drink license for a place of entertainment; (9) a Sunday sales permit for a place of entertainment or amusement; (10) a controlled access liquor cabinet system permit; or (11) a temporary catering permit. The Excise Commissioner shall have authority to waive the requirements of this section where the premises for which a license is applied for is owned by a governmental entity or governmental agency.

C. Each neighborhood consent petition form shall contain the following information: (1) the name of the person(s) applying for the license; (2) the address of the premises for which the license is sought; (3) the name under which the licensee shall conduct business at the premises for which an application has been submitted; (4) where the applicant is a corporation, the name of the person who will be the managing officer of the licensed premises if the application is granted; (5) a statement that "the application is on file and may be viewed at the office of the Excise Division"; and (6) such additional information as may be required under the rules and regulations of the Excise Division. No signature appearing on a neighborhood consent petition shall be considered valid unless the name and address of the person who signed the petition is printed on the face of the petition next to his signature. No person is allowed to sign for another person except a trustee, guardian, a person with power of attorney, or other persons authorized by law. The petition shall be on a form provided by the Excise Commissioner.

D. Unless there is good cause shown therefore, if the neighborhood approval petition required by this section is not filed within forty-five (45) days of receipt of such petition from the Excise Division, the application shall be void.

E. No person shall knowingly accept or offer money or anything of value to another person in exchange for his or her signature.
(Ord. No. 68536, § 9, 12-15-2009.)

Cases:

St. Louis ordinances which required neighborhood approval prior to issuance of full drink liquor licenses and provided a formal procedure whereby neighborhood residents or businessmen could collectively protest the issuance of such licenses gave to protesting residents and businessmen the status of "aggrieved parties" with standing to seek judicial review under the Administrative Procedure and Review Act of decision by city excise commissioner to issue a full drink liquor license. Application of Skinner, 622 S.W. 2d 724 (1981).

Failure of Excise Commissioner to accept 10 reversal slips from persons who signed petition protesting renewal of liquor license made his decision denying the renewal arbitrary and invalid. Guntli v. McLeod, 646 S.W. 2d 899 (Mo. App. 1983).

City Counselor Ops.: 8425, 8556

McQuillin:

26.190 Approval, consent or protest of neighboring owners

14.08.055 Activities on licensed premises not limited to those identified on application--Exceptions--Excise Commissioner to be notified of new activities to be conducted on licensed premises.

A. A licensee shall not be limited to conducting only such activities on the licensed premises as have been identified on the neighborhood consent petition. However, it shall be a violation for an applicant for a liquor license to intentionally fail to list on the neighborhood consent petition a significant activity which he has plans to engage in at the time the petition application is made.

B. If a licensee intends to conduct a significant activity on the licensed premises which was not listed on the neighborhood consent petition, he shall notify the Excise Commissioner prior to beginning to engage in such activity. If a premises was licensed prior to the effective date of this section, the licensee shall notify the Excise Commissioner whenever he intends to engage in a significant new activity on his licensed premises.

C. Notwithstanding any other provision of this section, the Excise Commissioner shall have discretion to refuse to allow a significant activity to be conducted on a licensed premises if such activity is begun within one year of the initial issuance of the liquor license for the premises in question and if the Excise Commissioner determines such activity is a significant departure from the activities listed on the neighborhood consent petition.

D. As used herein, the term "significant activity" shall include, but not be limited to: operation of more than one pool or billiards table; operation of more than one pinball and/or video game; dancing; presentation of live musical performances; and food service.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.060 License applications--Notice--Hearings.

A. After the filing of an application for a drink, package or C.O.L. license with the Excise Commissioner, the applicant shall be required to send a postcard addressed to "occupant" at each address within the petition circle of the proposed licensed premises, notifying them that an application has been filed and of the applicant's intent to circulate a neighborhood consent petition. The postcard shall be a preprinted form provided by the Excise Commissioner and shall read substantially as follows:

" _________has/have applied to the St. Louis Excise Commissioner for a retail liquor license for the premises at _________. The proposed use for these premises will include: ___________. Within the next month, a petition in support of the application will be circulated, which you may either sign or refuse to sign. If a public hearing is scheduled notices will be mailed. You may support or protest the application. For information, please contact the Excise Division at 622-4191."

The applicant shall be responsible for placing addresses and postage on the pre-printed postcards and returning them to the Excise Commissioner, who, if satisfied that the applicant has provided cards addressed to occupant at each address within the petition circle, shall cause the post cards to be mailed immediately. The Excise Commissioner shall not provide the applicant with neighborhood consent petition forms, and the applicant may not solicit, or have others solicit, signatures on the neighborhood consent petition, for five days following mailing of the postcards. Upon filing of an application for a liquor license, the Excise Commissioner shall have the premises for which a license is sought posted with a sign which contains substantially the same information as the pre-printed post card.

B. The Excise Commissioner shall fix a date for a hearing on the application which shall be not less than ten days from the date of the filing of the application. However, if the applicant is required to submit a neighborhood consent petition, the hearing shall be held not less than ten days from the date of the filing of such petition with the Excise Commissioner.

C. The Excise Commissioner shall, at least ten days before the date for which such hearing is scheduled, cause to be mailed or delivered to the applicant, to the Alderman of the ward in which the licensed premises would be located, to the Police Department, and to all addresses within the petition circle notice of the time, place and date of said hearing. In addition, he shall cause a placard containing the words "HEARING ON LIQUOR LICENSE IN THIS BLOCK," printed in bold black letters at least 1˝ inches in height, to be placed at each end of the block on the side of the street where the applicant proposes to locate the establishment, unless such placement is not possible. If it is not possible to place said placards in the manner specified in the preceding sentence, the liquor control agent posting the placards shall place the placards in such manner as to give the greatest possible notice to passerby of the hearing on the application. Said placards shall specify in clear and legible lettering the time, place and date of the hearing, the name of the applicant, the address of the premises proposed to be licensed, and the type of license applied for. Applicants shall deposit cash or its equivalent with the Excise Commissioner in sufficient amount, as set by said Commissioner, to pay the costs of placarding and mailing required by this subsection. Money deposited with the Excise Commissioner for this purpose shall be deposited by him in a special account established by him for such purpose. Such account shall be held in the name of the Excise Commissioner who shall use the funds held therein only for the purposes specified in this section.

D. At such hearing, the applicant shall be entitled to produce testimony under oath and to be represented by counsel, and the Excise Commissioner shall have the power, on his own motion, to subpoena witnesses and to take testimony under oath pertaining to all matters connected with the application. Any person owning any property, or any persons residing or conducting business, within the petition circle shall have the right to produce witnesses and testimony. The Alderman for the Ward in which the licensed premises would be located and the Police Department shall also have the right to be heard at the hearing. The Excise Commissioner may continue all or part of an application hearing if necessary to conclude the investigation of an application.
(Ord. No. 68536, § 9, 12-15-2009.)

Cases:

Excise commissioner has duty to hear testimony as to whether majority of owners of property within 200 feet of proposed liquor establishment consented to issuance of license. State ex rel. Missouri Baptist Hospital v. Nagle, 230 S.W. 2d 128 (St. L. Ct. App. 1950).

City Counselor Ops.: 8425, 8556

14.08.070 License approval--Generally.

If, after holding a hearing on an application for a drink, package or C.O.L. license, the Excise Commissioner shall find that the applicant meets all requirements of this title, and if the Excise Commissioner shall further find that the applicant plans and proposes to conduct a retail liquor business in compliance with the laws of the state and with this chapter and title, then the Excise Commissioner may approve the issuance of a license to the applicant, permitting him to conduct such business for a period of one (1) year from the date of issuance of the license, unless the license is revoked or cancelled for cause before the expiration of such time. If the Excise Commissioner denies an application for a license for a proposed licensed premises following a protest, he shall not consider another application for a license for such premises for a period of six (6) months from the date on which the application was denied. If the Excise Commissioner denies an application for a proposed licensed premises for failure to satisfy the requirements of the application, but not pursuant to a protest, then the same Applicant shall not eligible for a license for a minimum of sixty (60) days.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.080 License approval--Discretion of Excise Commissioner.

A. In determining whether to approve issuance of a retail license to a person applying therefor, the Excise Commissioner shall consider whether issuance of such license would be detrimental to the neighborhood in which the licensed premises would be located.

B. If an applicant files an application seeking issuance of a license for premises which were licensed pursuant to the provisions of this chapter or title at any time during the two (2) year period immediately preceding the date on which such application was filed, then the Excise Commissioner shall, in determining whether the issuance of a license for such premises would be detrimental to the neighborhood in which the licensed premises would be located, take into account the previous operation and conduct of, and circumstances at, such premises; however, the Excise Commissioner shall not consider liquor law violations committed by a former licensee or employees of a former licensee, except as provided by the provisions of Chapter 14.06 of this title. If an applicant possesses a liquor license for premises other than the premises for which he has submitted an application then the Excise Commissioner, in determining whether issuance of the license applied for would be detrimental to the neighborhood in which the proposed licensed premises would be located, shall consider the factors enumerated in Section 14.08.040 with regard to operation and conduct of and conditions existing at such other premises, to the extent that such factors are relevant to consideration of the manner in which the premises proposed to be licensed would be operated.

C. Whenever the Excise Commissioner makes a decision to approve or deny an application for a drink, package or COL. license he shall notify the Alderman of the ward in which the proposed licensed premises would be located of his decision. Thereafter the Alderman may file written objections to the decision of the Excise Commissioner, setting forth specific reasons for said written objections, which objections shall be included in the file of the applicant. Nothing herein contained shall prevent the Excise Commissioner from exercising the authority granted to him by this section.

D. Other provisions of this chapter and title notwithstanding, the Excise Commissioner shall have discretion, in approving issuance of a picnic license, to waive any and all provisions relating to application requirements other than fees and requirements relating to moral character.
(Ord. No. 68536, § 9, 12-15-2009.)

City Counselor Ops.: 7960

Cases:

License--refusal--no hearing--due process not violated. Pinzino v. Supervisor of Liquor Control, 334 S.W. 2d 20 (Mo. 1960).

14.08.090 License renewal applications-- When--How made.

A. The provisions of Sections 14.08.040 through 14.08.080 shall not apply to applications for renewal of a license made pursuant to the provisions of subsection (B) of this section.

B. Not later than the date of expiration of a license issued pursuant to the provisions of this chapter or title, nor more than two weeks prior to such date, a licensee may submit an application for renewal of such license. The Excise Commissioner may waive this time limitation for good cause shown. In order to make an application for renewal of a license the licensee, or the managing officer of the licensee if the licensee is a corporation, must appear in person at the office of the Excise Commissioner and submit proof that the licensee has paid all taxes which are due, or payable, to the City of St. Louis, the Collector of Revenue, or License Collector, from the licensee to the City as a result of operation of the licensed premises, together with a completed copy of the renewal form promulgated by the Excise Commissioner. If the licensee is a partnership, one partner must appear personally before the Excise Commissioner and must submit, in addition to proof that all taxes due as a result of operation of the licensed premises have been paid to the City, proof that each partner has paid all taxes due the City from him. If the licensee is a corporation, the managing officer must submit proof that he has paid all taxes due to the City from him personally.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.100 Renewal of licenses--Discretion of Excise Commissioner--Suspension or extension in certain circumstances.

In determining whether to approve the renewal of a retail license for which a renewal application has been submitted the Excise Commissioner may, on his own motion, call a hearing to determine whether renewal of the license would be detrimental to the neighborhood wherein the licensed premises is located. If the Commissioner calls such a hearing he shall comply with the notice provisions contained in subsection (B) of Section 14.08.060. However, all notices required by this section shall specify that the hearing has been called to consider whether renewal of the license in question would be detrimental. The procedure established by subsection (C) of Section 14.08.060 shall apply to hearings held pursuant to this section.
(Ord. No. 68536, § 9, 12-15-2009.)

Cases:

Failure of Excise Commissioner to accept 10 reversal slips from persons who signed petition protesting renewal of liquor license made his decision denying the renewal arbitrary and invalid. Guntli v. McLeod, 646 S.W. 2d 899 (Mo. App. 1983).

14.08.110 Protests against licenses or applications--When and how initiated.

A. A protest against issuance, renewal or continuation of a package, drink or C.O.L. license or 3:00 a.m. closing permit shall be initiated by submission to the Excise Commissioner of a liquor letter of protest petitions signed by either ten (10) or more persons residing or conducting business, or ten (10) or more persons owning property, within the petition circle of the liquor establishment which is the subject of the protest. The liquor letter of protest petitions must also state the specific reason(s) for the protest. If there are less than twenty (20) property owners within the petition circle of a licensed premises or proposed licensed premises, a protest may be initiated against the license for such premises by a protest letter signed by a majority of property owners within the petition circle. If there are less than twenty (20) persons residing or conducting business within the petition circle of a licensed premises or proposed licensed premises, a protest may be initiated against the license for such premises by a protest letter signed by a majority of the persons residing or conducting business within the petition circle. Such letter shall contain the name and address of the licensed premises or proposed licensed premises which is the subject of the protest, the type of license being protested, and the name of the person who shall serve as the protest representative. Upon verifying that there are sufficient signatures on the protest letter to initiate a protest, the Excise Commissioner shall issue protest petitions to the protest representative. He shall also notify the licensee or applicant whose license or application is the subject of the protest, the Alderman for the ward in which the licensed premises is or would be located and the Police Department that a protest has been initiated against the license or application. Such notice shall contain an explanation of the protest procedures as established by this chapter and title, and by the rules and regulations of the Excise Commissioner. If the protest is against renewal or continuation of a license notice shall be served at the licensed premises upon either the licensee or any employee, agent or servant of the licensee found upon the licensed premises. If the protest is against an application for a license, service of the notice shall be made by sending the notice by registered United States mail, return receipt requested, to the address given by the applicant on the license application submitted to the Excise Commissioner. A protest may be initiated against issuance or renewal of a 3:00 a.m. closing permit held or applied for by a licensee without a protest also being initiated against the full drink license held by such licensee.

B. A protest shall not be initiated against renewal of a package, drink or C.O.L. license or a 3:00 a.m. Closing permit more than forty-five (45) days, nor less than fourteen (14) days, prior to the date on which the existing license for the premises which is the subject of the protest is scheduled to expire. A protest may be initiated against continuation of a license at any time during the term of the license, however, any protest letter submitted to the Excise Commissioner less than forty-five (45) days prior to the date on which the existing license for the premises which is the subject of the protest is scheduled to expire shall be treated as a protest against renewal of the license. A protest may be initiated against an application for issuance of a license at any time up to the time set by the Excise Commissioner, pursuant to the provision of Section 14.08.060, for the hearing on such application. The application hearing shall not be postponed because of the filing of a protest against such application; however, the Excise Commissioner shall make no decision concerning whether to issue the license applied for until after the conclusion of the protest hearing provided for by the provisions of Section 14.08.130. No protest may be initiated against the continuation of a retail license for a period of six (6) months after the Excise Commissioner has denied, after a hearing, a previous protest against such license.
(Ord. No. 68536, § 9, 12-15-2009.)

Cases:

St. Louis ordinances which required neighborhood approval prior to issuance of full drink liquor licenses and provided a formal procedure whereby neighborhood residents or businessmen could collectively protest the issuance of such licenses gave to protesting residents and businessmen the status of "aggrieved parties" with standing to seek judicial review under the Administrative Procedure and Review Act of decision by city excise commissioner to issue a full drink liquor license. Application of Skinner, 622 S.W. 2d 724 (1981).

Ample evidence supported the denial of a full drink liquor license where there was direct evidence that when the tavern was under previous management, the patrons disturbed the peace of the residential neighborhood, and where there was evidence of the proximity of a school yard, the necessity for large numbers of children to pass by the location and the existence of three other liquor establishments in an otherwise residential community. Arnold v. McLeod, 720 S.W. 2d 385 (1986).

Failure of Excise Commissioner to accept 10 reversal slips from persons who signed petition protesting renewal of liquor license made his decision denying the renewal arbitrary and invalid. Guntli v. McLoud, 646 S.W. 2d 899 (Mo. App. 1983).

14.08.120 Protest petitions--Contents--Time for collection of signatures.

A. The Excise Commissioner shall promulgate a protest petition form. There shall be a heading on each page of the petition which shall: (1) identify by trade name and address the licensed premises or proposed licensed premises which is the subject of the protest; (2) give the name of the licensee or applicant; (3) state that persons signing the petition are supporting the protest filed against the license or application of the licensee or applicant for the premises named on the petition; and (4) contain such additional information as may be required under the rules and regulations of the excise division. No signature appearing on a protest petition shall be considered valid unless the name and address of the person who signed the petition is printed on the face of the petition next to his signature.

B. The Excise Commissioner shall not, except for good cause shown, accept any protest petition submitted to him more than thirty (30) days from the date on which he issued the protest petitions to the protest representatives; except that where the thirtieth day after the date on which the protest petitions were issued falls on a Saturday, Sunday or holiday, the Excise Commissioner shall accept protest petitions filed on the next working day thereafter.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.130 Hearing on protest--Notice--Procedure.

A. After the last date on which protest petitions may be submitted, the Excise Commissioner shall fix a date for a hearing on the protest. Such hearing shall be held not less than twenty (20), nor more than thirty (30), days following the last date on which protest petitions may be submitted. The Excise Commissioner shall have power to continue the hearing for good cause. The Excise Commissioner shall not schedule a hearing for a protest against continuation of a license, and shall summarily dismiss such protest, where no protest petitions are submitted to him prior to the closure date for submission of protest petition.

B. The Excise Commissioner shall, at least ten (10) days prior to the date on which the protest hearing is scheduled, cause notice of the time, place and date of the hearing to be served on the licensee or applicant whose license or application is the subject of the protest. If the protest is against renewal or continuation of a license, notice of the protest hearing shall be served at the licensed premises upon either the licensee or any employee, agent or servant of the licensee found upon the licensed premises. If the protest is against an application for a license, service of the notice shall be made by sending the notice by registered United States mail, return receipt requested, to the address given by the applicant on the license application submitted to the Excise Division. The Excise Commissioner shall also, at least ten (10) days prior to the date on which a protest hearing is scheduled, cause notice of the time, place and date of such hearing to be served upon the protest representative, the Alderman of the ward in which the licensed premises is or would be located, and the Police Department. Service of the notice upon the protest representative shall be made by sending the notice by registered United States mail, return receipt requested, to the address given by the protest representative on the written letter of protest. In addition, the Excise Commissioner shall cause a placard containing the words "HEARING ON PROTEST AGAINST LIQUOR LICENSE IN THIS BLOCK," printed in bold black letters at least one and one-half (1˝) inches in height, to be placed at each end of the block on the side of the street where the licensed premises or the proposed licensed premises which are the subject of the protest hearing is or would be located, unless such placement is not possible. If it is not possible to place said placards in the manner specified in the previous sentence, the liquor control agent posting the placards shall place the placards in such manner as to give the greatest notice to passersby of the protest hearing. Said placards shall specify in clear and legible lettering the time, place and date of the hearing, the trade name and address of the licensed premises or premises proposed to be licensed, the name of the licensee or applicant whose license or application is the subject of the protest, and the type of license which is the subject of the protest. Neither the protest representative nor anyone else signing a protest letter or petition shall be liable for the costs of said placarding.

C. At the protest hearing, both the protest representative and the licensee or applicant whose license or application is the subject of the protest shall be entitled to produce testimony under oath and to be represented by counsel, and the Excise Commissioner shall have the power, on his own motion, to subpoena witnesses and to take testimony under oath pertaining to all matters connected with the protest. The Alderman for the ward in which the premises which is the subject of the protest is located, together with the Police Department, shall have the right to be heard at the hearing.

D. The protest hearing shall be a bifurcated proceeding. During the first phase of the hearing, the Excise Commissioner shall consider evidence concerning whether the protest petitions submitted to him contain the signatures of a valid majority of either: (1) persons residing or conducting business within the petition circle of the licensed premises or proposed licensed premises which is the subject of the protest; or (2) persons owning property within said petition circle. The Excise Commissioner shall also consider during the first phase of the hearing any testimony offered concerning the sufficiency of the written protest letter which initiated the protest, including, but not limited to, evidence concerning whether the letter contained sufficient signatures to initiate the protest. After conclusion of the first phase of the hearing the Excise Commissioner shall make a decision as to whether the protest petitions submitted to him contain a valid majority of either persons residing or conducting business, or persons owning property within the petition circle. He need not, prior to initiation of the second phase of the hearing, make any determination as to the sufficiency of the written protest letter. During the second phase of the hearing, the Excise Commissioner shall consider evidence concerning whether issuance, renewal or continuation of the license which is the subject of the protest would be detrimental to the neighborhood in which the licensed premises is or would be located.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.140 Protests--Necessity of majority of signatures on petition protesting continuation of license--Effect of majority of signatures on petition protesting a license application.

A. A protest against continuation of a license may only be sustained by the Excise Commissioner if the protest petitions submitted to him to protest such continuation contain the signatures of either a majority of the persons residing or conducting business within the petition circle of the licensed premises which is the subject of the protest or a majority of the persons owning property within such petition circle. If, after the first phase of the hearing is completed, the Excise Commissioner determines that the protest petitions submitted to him in protest of the continuation of a license contain the signatures of neither a majority of the persons residing or conducting business within the petition circle of the licensed premises which is the subject of the protest nor a majority of the persons owning property within such petition circle then he shall deny the protest and shall not consider evidence of whether continuation of the license would be detrimental to the neighborhood in which the licensed premises is located.

B. If the Excise Commissioner determines, after the first phase of the hearing is completed, that protest petitions submitted to him to protest an application for a license contain the signatures of either a majority of the persons residing or conducting business within the petition circle of the proposed licensed premises which is the subject of the protest or a majority of the persons owning property within such petition circle, then the Excise Commissioner shall sustain the protest and refuse to grant the license applied for, regardless of any evidence concerning detriment to the neighborhood.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.150 Protests--Allocation of burden of proof--Grounds for sustaining protests--Effect of sustaining protest.

A. If the Excise Commissioner determines after the first phase of the protest hearing that the protest petitions submitted to him contain the signatures of either: (1) a majority of the persons residing or conducting business within the petition circle of the licensed premises which is the subject of the protest; or (2) a majority of the persons owning property within such petition circle, he shall sustain the protest unless the licensee shows by a preponderance of the evidence submitted at the hearing that renewal or continuation of the license would not be detrimental to the neighborhood in which the licensed premises is located. If the Excise Commissioner determines after the first phase of the protest hearing that the protest petitions submitted to him do not contain the signatures of either a majority of the persons residing or conducting business within the petition circle of the licensed premises which is the subject of the protest or a majority of the persons owning property within such petition circle, he shall deny the protest, unless the protestors show by a preponderance of the relevant evidence submitted at the hearing that issuance or renewal of the license would be detrimental to the neighborhood in which the licensed premises is or would be located.

B. If the Excise Commissioner sustains a protest against issuance of a license he shall refuse to grant such license to the person applying therefor. If he sustains a protest against renewal of a license such license shall not be revoked, but the Excise Commissioner shall refuse to renew such license after it expires. If the Excise Commissioner sustains a protest against continuation of a license he shall cancel such license effective one month after any decision is filed upholding such protest. If the license expires by operation of law before it can be canceled it shall not be renewed.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.160 Extension of protested license.

Where a protest has been filed against continuation or renewal of a license and the license expires prior to a decision by the Excise Commissioner on the protest, the Excise Commissioner shall grant an extension of the license. If the Excise Commissioner sustains a protest, the extension shall expire on the date on which the decision on the protest is issued.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.170 Submission and Withdrawal of signatures from consent or protest petitions.

Any person who has signed a neighborhood approval petition circulated by or on behalf of a licensee or applicant or a protest petition for the same premises may withdraw his signature from either petition by submitting a letter to the Excise Commissioner up to, and including, the date set for the hearing requesting withdrawal on the protest or by requesting withdrawal in person at the hearing. If a person signs both a neighborhood approval petition and a protest petition and does not request that his signature be withdrawn from one or the other then his signature shall not be counted for or against the application. The Excise Commissioner may also delete a signature from either a protest or neighborhood approval petition if he finds, based upon a preponderance of evidence, at the hearing that the circulator of a petition threatened or coerced such person or that the circulator made a material misrepresentation of fact concerning the licensed premises or proposed licensed premises to such person.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.180 Common eating and drinking area--Permit--Sale of drinks for consumption.

A. Upon application in a form acceptable to the Excise Commissioner, he may issue a common eating and drinking area permit for a specified area, provided that such area meets the criteria for a common eating and drinking area set out in Section 14.01.080 of this chapter and title. Such permit shall be issued without charge and shall remain in force unless cancelled or revoked by the Excise Commissioner.

B. If the terms of a drink licensee's lease require payment by the licensee of a common area maintenance charge for a common eating and drinking area, any intoxicating liquor or nonintoxicating beer sold on the premises for which the licensee possesses a license may be consumed in such common eating and drinking area.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.190 Motor vehicle service stations.

A. Any licensee engaged in the motor vehicle service station business who currently possesses a valid City of St. Louis 3.2% Motor Vehicle Service Station Retail Package License may, upon expiration of such license, apply for a five percent (5%) package license without having to submit a complete new application or a neighborhood consent petition. Upon receipt of such application, the Excise Commissioner shall approve issuance of a five percent (5%) package license to such a licensee, unless he would have cause to deny renewal of the 3.2% motor vehicle service station retail package license to said licensee.

B. After the effective date of the ordinance codified in this chapter, no person, firm, or corporation operating a motor vehicle service station shall be issued a five percent (5%) package license for a premises which was not licensed for sale of intoxicating liquor or nonintoxicating beer on the effective date hereof, unless the proposed licensed premises will comply, at the time the license would be issued, with the provisions of Section 14.06.250 hereof.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.200 Summer garden/sidewalk café.

A. Notwithstanding any other provisions of this chapter and title, upon application by a person to whom a drink or C.O.L. license has been issued, the Excise Commissioner may issue a permit to allow the licensee to maintain, in connection with and adjoining the licensed premises, an open-air space, commonly called a summer garden or sidewalk café, for serving or consuming intoxicating liquors and/or nonintoxicating beer. No permit shall be issued for a summer garden unless at least one (1) side of the summer garden adjoins a public street, alley, or highway and is so fenced and equipped as to permit an unobstructed view of the summer garden from the street, alley or highway. The Excise Commissioner shall not issue a permit for a sidewalk café, any portion of which is located upon a public right-of-way, unless the licensee has first procured an encroachment permit from the Board of Public Service. Such permit shall have a one time application fee of one hundred dollars ($100.00) to cover the various cost incurred by the City of St. Louis in investigating, placarding and processing the application. The application fee is non-refundable. The annual renewal cost will be $25.00 per year. All currently licensed establishments are exempt from the application fee, but are responsible for the renewal fee. Such permits may be revoked or suspended for cause by the Excise Commissioner. A licensee or applicant for a drink license may apply for a summer garden/sidewalk café permit at any time. A summer garden/sidewalk café permit shall expire on the date that the underlying drink license expires and shall thereafter be renewable at the time of the renewal of the drink license.

B. Applications for issuance of a summer garden/sidewalk café permit shall be made in a form acceptable to the Excise Commissioner. An applicant for a summer garden/sidewalk café permit shall not be required to file a neighborhood consent petition. The Excise Commissioner shall, upon receipt of an application for a summer garden/sidewalk café permit, fix a date for a hearing on the application which shall not be less than ten (10) days from the date of filing of such application. Where an application for a summer garden/sidewalk café permit is made at the same time as the applicant applies for a drink license, the hearing on the summer garden/sidewalk café permit shall be combined with the hearing on the license application. At least ten (10) days before the date on which the hearing on the permit is scheduled, the Excise Commissioner shall cause to be mailed or delivered to the applicant, the Alderman of the ward in which the licensed premises is or would be located, and the Police Department notice of the time, place and date of the hearing. In addition he shall cause a placard containing the words "HEARING ON SUMMER GARDEN PERMIT IN THIS BLOCK" or "HEARING ON SIDEWALK CAFÉ PERMIT IN THIS BLOCK," whichever is appropriate, printed in bold black letters at least one and one-half (1˝) inches in height, to be placed at each end of the block on the side of the street where the applicant proposes to locate the establishment, unless such placement is not possible. If it is not possible to place said placards in the manner specified in the preceding sentence, the liquor control agent posting the placards shall place the placards in such manner as to give the greatest notice to passersby of the hearing on the application. Said placards shall specify in clear and legible lettering the time, place and date of the hearing, the name of the applicant and the address of the premises for which the permit is proposed. An applicant for a summer garden/sidewalk café permit shall be required to pay the fee specified in Section 14.08.010(B). At the hearing required by this subsection, any interested party may present evidence as to why issuance of a summer garden/sidewalk café permit would or would not be detrimental to the neighborhood. In determining whether to issue a summer garden/sidewalk café permit to an applicant therefor, the Excise Commissioner shall consider whether issuance of such permit would be detrimental to the neighborhood in which the licensed premises is or would be located. Unless the Excise Commissioner determines that a summer garden/sidewalk café permit would be detrimental to the neighborhood, he shall issue such permit, provided that the requirements of subsection (A) of this section have been complied with by the applicant.

C. Not later than the date of expiration of a summer garden/sidewalk café permit, nor more than two (2) weeks prior to such date, a licensee may submit an application for renewal of such permit on a form acceptable to the Excise Commissioner. The Excise Commissioner may waive this time limitation for good cause shown. In determining whether to renew a summer garden/sidewalk café permit, the Excise Commissioner shall have the same discretion as provided by Section 14.08.100 with regard to renewal of liquor licenses.

D. Renewal or continuation of a summer garden/sidewalk café permit may be protested without a protest being filed against the underlying liquor license. Such protest shall be made in the same manner as is provided by this chapter and title for protest of renewal or continuation of a retail liquor license.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.210 Controlled access liquor system.

A. Notwithstanding any other provision of this chapter and title to the contrary, any person who operates a qualified establishment and who is licensed to sell liquor by the drink at retail with respect to such qualified establishment, may apply or and be issued a license to sell intoxicating liquor in the rooms of such qualified establishment by means of a controlled access liquor cabinet system on and subject to the following terms and conditions:

1. The key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in a particular room may be provided only to each adult registered guest who is registered to stay in such room;

2. Prior to providing a key, magnetic card or other device required to attain access to the controlled access liquor cabinet in a particular room to the registered guest, the licensee shall verify that each such registered guest to whom such key, magnetic card or similar device is to be provided is not a minor.

3. All employees handling the intoxicating liquor to be placed in the controlled access liquor cabinet, including without limitation any employee who inventories and/or restocks and replenishes the intoxicating liquor in the controlled access liquor cabinet, shall be at least eighteen (18) years of age;

4. Registered guests may use the key, magnetic card or other similar device required to attain access to the controlled access liquor cabinet in such registered guest's room at any time; provided, however, that no controlled access liquor cabinet may be restocked or replenished with intoxicating liquor, nor shall any intoxicating liquor be delivered to a room in order to restock or replenish the supply of intoxicating liquor in the controlled access liquor cabinet, at any time when the restaurant operated at the qualified establishment is not permitted to sell liquor by the drink at retail pursuant to the provisions of this chapter or title;

5. Upon request from the registered guest at any time, the qualified establishment shall cause all intoxicating liquor to be removed from the controlled access liquor cabinet in the room of such registered guest as soon as reasonably practicable; and

6. The qualified establishment shall have the right to collect payment for the intoxicating liquor or other beverages or food taken from the controlled access liquor cabinet in the room of a registered guest in such manner as it shall determine to be appropriate, including without limitation the inclusion of such charges together with the charges made to such registered guest for the use of the room or for purchase of meals at the restaurant operated at such qualified establishment.

B. Any new qualified establishment having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor in the rooms of such qualified establishment by means of a controlled access liquor cabinet system for a period not to exceed ninety (90) days if such establishment can show a projection of an annual business from prepared meals or food which would exceed not less than one hundred thousand dollars ($100,000.00) per year.

C. Notwithstanding any other provision of this chapter and title, a duly licensed wholesaler shall be permitted to sell intoxicating liquor to a qualified establishment in any size of qualified packages or containers for use in a controlled access liquor cabinet system; provided, however, that as to any size of qualified packages or containers which could not be legally sold to the qualified establishment except for the provisions of this section, any such size of qualified packages or containers shall be sold by the qualified establishment only by means of the controlled access liquor cabinet system.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.220 3:00 a.m. closing permit--Issuance--Conditions--Exemptions.

A. No "3:00 a.m. closing permit" shall be issued to any person unless such person possesses a full drink liquor license, and until the following conditions have been met and complied with:

1. The applicant shall file with the Excise Commissioner an application for a permit setting forth:

a. The location of the premises;

b. The total annual gross sales;

c. If a hotel or resort, the total number of rooms available for transient guests; and

d. Such additional information and supporting proofs as deemed necessary by the Excise Commissioner.

B. The Excise Commissioner shall be responsible for the issuance of the "3:00 a.m. closing permit," and for insuring that all permit holders comply fully with all the terms and conditions under which such a permit may be issued.

C. The Excise Commissioner may approve the issuance of a "3:00 a.m. closing permit" to any applicant:

1. Possessing a full drink liquor license;

2. Whose premises are located within a convention trade area; and

3. Who meets at least one of the following conditions:

a. The licensed establishment's annual gross sales for the year immediately preceding the date on which the application for a 3:00 a.m. closing permit was filed equal one hundred fifty thousand dollars ($150,000.00) or more, or

b. The business is a resort.

D. In addition, any applicant for a 3:00 a.m. closing permit for premises located other than in a mall or a resort shall present to the Excise Commissioner a petition indicating approval of the issuance of a "3:00 a.m. closing permit" signed by a majority of the persons residing or conducting any business within the petition circle of the licensed premises and a majority of persons owning property within such circle.

E. Notwithstanding any other provision of this section, the Excise Commissioner shall not issue a 3:00 a.m. closing permit for licensed premises located on or within a resort where there is a direct entrance to such licensed premises which opens onto a public street, alley or sidewalk, unless the licensee has submitted to the Excise Commissioner a petition indicating approval of the issuance of a 3:00 a.m. closing permit signed by a majority of persons residing or conducting any business within the petition circle of the licensed premises and a majority of persons owning property within such circle.

F. Notwithstanding any other provision of this chapter or title, a licensee to whom a 3:00 a.m. closing permit has been issued shall not allow intoxicating liquor or nonintoxicating beer to be sold or consumed on any portion of the premises permitted as a summer garden or sidewalk café between the hours of 1:30 a.m. and 10:00 a.m.

G. Notwithstanding any other provision of this chapter or title, no "3:00 a.m. closing permit" shall be issued to any person or business for premises which is not a resort located within the following areas:

Beginning at the point of intersection of the east side of Kingshighway Boulevard and the south side of Washington Avenue, hence running east along the south side of Washington Avenue to the west side of Taylor, hence running south along the west side of Taylor to the north side of the Forest Park Expressway, hence west along the north side of the Forest Park Expressway, to the east side of Kingshighway Boulevard, hence north along the east side of Kingshighway Boulevard back to the point of beginning.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.230 Temporary catering permits.

A. The Excise Commissioner may issue temporary catering permits. A temporary catering permit can only be issued to a holder of a drink license and shall authorize the sale or consumption of liquor by the drink on the premises for which a permit is issued at a particular function, occasion or event at a particular location other than the licensed premises for a period not to exceed one hundred sixty-eight (168) consecutive hours. The applicant must submit a signed application on a form provided by the Excise Commissioner along with a bank draft, money order or cashier's check payable to the City of St Louis, Excise Division. The licensed caterer shall report, in writing, the location, description of the premises, and the date(s) of each function at least five business days in advance to the Excise Commissioner along with a written permission letter from the property owner. The temporary caterer's permit does not allow wholesalers to provide customary storage or cooling equipment for use by the permit holder at the temporary location. The Excise Commissioner shall issue no more than seven (7) temporary catering permits to a single venue over the course of one year. The fees are non-refundable.

B. A temporary catering permit shall only authorize the sale of alcohol during the same hours in which the holder of a full drink license is authorized to sell alcohol, except that a person possessing a temporary catering permit for a Sunday may sell alcohol during the same hours in which the holder for a full drink Sunday license is authorized to sell intoxicating liquor. It shall be a violation for a person to whom a temporary catering permit has been issued to sell alcohol in the original package for consumption off of the premises where sold.

C. Issuance of a temporary catering permit shall be entirely discretionary on the part of the Excise Commissioner and shall be based on his independent review of the facts of each application. Such permit may be summarily revoked by the Excise Commissioner upon a finding by him that a liquor law violation has been committed by the permit holder or by others upon the premises for which the permit was issued or upon a finding that the permit is detrimental to the neighborhood in which the permitted premises are located.
(Ord. No. 68536, § 9, 12-15-2009.)

14.08.235 Annual caterers permit.

The Excise Commissioner may issue annual caterers permit for either (1) a maximum of fifty (50) days or (2) an unlimited number of function and days. An annual caterer's permit can only be issued to a holder of a drink license and shall authorize the sale or consumption of liquor by the drink on the premises for which a permit is issued for particular functions, occasions or events at particular locations other than the licensed premises. The applicant shall submit a signed application on a form provided by the Excise Commissioner along with a bank draft, money order or cashier's check payable to the City of St. Louis, Excise Division. The licensed caterer shall report, in writing, the location, description of the premises, and the date(s) of each function at least five business days in advance to the Excise Commissioner along with a written permission letter from the property owner. The annual caterer's permit does not allow wholesalers to provide customary storage or cooling equipment for use by the permit holder at the temporary location. The fees are non-refundable.
(Ord. No. 68536, § 9, 12-15-2009.)

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