Section 600.005. Purpose.
Alcohol is, by law, an age-restricted product that is regulated differently than other products. The
provisions of this Chapter establish vital regulation of the sale and distribution of alcoholic
beverages in order to promote responsible consumption, combat illegal underage drinking, and
achieve other important policy goals such as maintaining an orderly marketplace composed of
licensed alcohol producers, importers, distributors, and retailers.
Section 600.010. Definitions.
When used in this Chapter, the following words shall have the following meanings:
CLOSED PLACE — A place where all doors are locked and where no patrons are in the place or
about the premises.
INTOXICATING LIQUOR — Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous,
vinous, or fermented, and all preparations or mixtures for beverage purposes containing in excess
of one-half of one percent (0.5%) by volume. All beverages having an alcoholic content of less
than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this
LIGHT WINES — An intoxicating liquor consisting of wine containing not in excess of fourteen
percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and
MALT LIQUOR — An intoxicating liquor containing alcohol not in excess of five percent (5%)
by weight manufactured from pure hops or pure extract of hops, or pure barley malt, or
wholesome grains or cereals, and wholesome yeast, and pure water.
ORIGINAL PACKAGE — Any package sealed or otherwise closed by the manufacturer so as to
consist of a self-contained unit, and consisting of one (1) or more bottles or other containers of
intoxicating liquor, where the package and/or container(s) describes the contents thereof as
intoxicating liquor. “Original package” shall also be construed and held to refer to any package
containing one (1) or more standard bottles, cans or pouches of beer.
PERSON — An individual, association, firm, joint stock company, syndicate, partnership,
corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal
RESORT — Any establishment having at least thirty (30) rooms for the overnight
accommodation of transient guests having a restaurant or similar facility on the premises at least
sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations where, in
consideration of payment, food, without lodging, is habitually furnished to travelers and
customers, and which restaurant establishment’s annual gross receipts immediately preceding its
application for a license shall not have been less than seventy-five thousand dollars ($75,000.00)
per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from
non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in
Subsection (2) of Section 311.095, RSMo. Any facility which is owned and operated as a part of
the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of
such facility and, for the purpose of meeting the annual gross food receipts requirements of this
definition, if any facility which is a part of the resort meets such requirement, such requirement
shall be deemed met for any other facility which is a part of the resort.
Section 600.020. License Required — Classes of Licenses.
- No person shall sell or offer for sale intoxicating liquor in the City of Goodman without a
currently valid liquor license issued by the City. A separate liquor license shall be required
for each of the categories and subcategories of liquor sales in which the licensee desires to
engage as set forth herein. The sale of alcoholic beverage by the drink, including
intoxicating and non-intoxicating beer, malt liquor or wine, is hereby prohibited.
- General Licenses. Any person possessing the qualifications and meeting the requirements
of this Chapter may apply for the following licenses to sell intoxicating liquor:
- Package liquor — malt liquor only: Sales of malt liquor at retail in the original
package not for consumption on the premises where sold.
- Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original
package at retail not for consumption on the premises where sold, including sales as
set forth in Subsection (B)(1) of this Section.
- Liquor by the drink — malt liquor/light wine only (resort only): Sales of malt liquor
and light wines at retail by the drink for consumption on the premises where sold,
including sales as set forth in Subsections (B)(1) and (4) of this Section.
- Malt liquor by the drink (resort only): Sales of malt liquor at retail by the drink for
consumption on the premises. This license may include Sunday sales from 9:00 A.M.
- Liquor by the drink — all kinds (resort only): Sales of intoxicating liquor of all kinds
at retail by the drink for consumption on the premises where sold, including package
sales as set forth in Subsection (B)(2) of this Section.
- Sunday Sales. Except for any establishment that may apply for a license under Section
311.089, RSMo., any person possessing the qualifications and meeting the requirements of
this Chapter, who is licensed to sell intoxicating liquor at retail may apply to the City for a
special license to sell intoxicating liquor at retail between the hours of 9:00 A.M. and
Midnight on Sundays.
- Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in
the original package at retail under Subsections (B)(2) and (C) of this Section above
may apply for a special permit to conduct wine, malt beverage and distilled spirit
tastings on the licensed premises; however, nothing in this Section shall be construed
to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises
- Tasting permit — winery, distiller, manufacturer, etc.
- Any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide and pour distilled spirits, wine, or malt beverage
samples off a licensed retail premises for tasting purposes provided no sales
transactions take place. For purposes of this Subsection (D)(2), a “sales
transaction” shall mean an actual and immediate exchange of monetary
consideration for the immediate delivery of goods at the tasting site.
- Notwithstanding any other provisions of this Chapter to the contrary, any
winery, distiller, manufacturer, wholesaler, or brewer or designated employee
may provide, furnish, or pour distilled spirits, wine, or malt beverage samples
for customer tasting purposes on any temporary licensed retail premises as
described in Sections 311.218, 311.482, 311.485, 311.486, or 311.487, RSMo.,
or on any tax exempt organization’s licensed premises as described in Section
- Any winery, distiller, etc., may provide or furnish distilled spirits, wine or malt
beverage samples on a licensed retail premises — when.
(1) Notwithstanding any other provisions of this Chapter to the contrary, any
winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide or furnish distilled spirits, wine or malt beverage
samples on a licensed retail premises for customer tasting purposes so
long as the winery, distiller, manufacturer, wholesaler, or brewer or
designated employee has permission from the person holding the retail
license. The retail licensed premises where such product tasting is
provided shall maintain a special permit in accordance with Section
311.294, RSMo., or hold a by the drink for consumption on the premises
where sold retail license. No money or anything of value shall be given to
the retailers for the privilege or opportunity of conducting the
on-the-premises product tasting.
(2) Distilled spirits, wine, or malt beverage samples may be dispensed by an
employee of the retailer, winery, distiller, manufacturer or brewer or by a
sampling retained by the retailer, winery, distiller, manufacturer or brewer.
All sampling service employees that provide and pour intoxicating liquor
samples on a licensed retail premises shall be required to complete a
server training program approved by the Division of Alcohol and Tobacco
(3) Any distilled spirits, wine, or malt beverage sample provided by the
retailer, winery, distiller, manufacturer, wholesaler, or brewer remaining
after the tasting shall be returned to the retailer, winery, distiller,
manufacturer, wholesaler, or brewer.
Section 600.030. License Regulations. [Ord. No. 1984-203 §4, 3-6-1984]
- Package Sales, Limitations. No license shall be issued for the sale of intoxicating liquor in
the original package, not to be consumed upon the premises where sold, except to a person
engaged in, and to be used in connection with, the operation of one (1) or more of the
following businesses: a drug store, a cigar and tobacco store, a grocery store, a general
merchandise store, a confectionery or delicatessen store, nor to any such person who does
not have and keep in his/her store a stock of goods having a value according to invoices of
at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors.
Under such license, no intoxicating liquor shall be consumed on the premises where sold
nor shall any original package be opened on the premises of the vendor except as otherwise
provided in this Chapter or law.
- Temporary Permit For Sale By Drink — Certain Organizations.
- Notwithstanding any other provision of this Chapter, a permit for the sale of all kinds
of intoxicating liquor, including intoxicating liquor in the original package, at retail
by the drink for consumption on the premises of the licensee may be issued to any
church, school, civic, service, fraternal, veteran, political or charitable club or
organization for the sale of such intoxicating liquor at a picnic, bazaar, fair or similar
gathering. The permit shall be issued only for the day or days named therein and it
shall not authorize the sale of intoxicating liquor for more than seven (7) days by any
such club or organization.
- If the event will be held on a Sunday, the permit shall authorize the sale of
intoxicating liquor on that day beginning at 1:00 P.M.
- At the same time that an applicant applies for a permit under the provisions of this
Subsection, the applicant shall notify the Director of Revenue of the holding of the
event by certified mail and by such notification shall accept responsibility for the
collection and payment of any applicable sales tax.
- No provision of law or rule or regulation of the City shall be interpreted as preventing
any wholesaler or distributor from providing customary storage, cooling or
dispensing equipment for use by the permit holder at such picnic, bazaar, fair or
- Operating Hours, Days.
- No person having a license issued pursuant to this Chapter, nor any employee of such
person, shall sell, give away, or permit the consumption of any intoxicating liquor in
any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and
between the hours of 1:30 A.M. on Sunday and 6:00 A.M. on Monday except as
otherwise authorized and licensed for Sunday sales, and if said person has a license to
sell intoxicating liquor by the drink, his/her premises shall be and remain a “closed
place” as defined in Section 600.010 of this Chapter and between the hours of 1:30
A.M. and 6:00 A.M. on weekdays and 1:30 A.M. on Sunday and 6:00 A.M. on
Monday. Where such licenses authorizing the sale of intoxicating liquor by the drink
are held by clubs, hotels, or bowling alleys, this Section shall apply only to the room
or rooms in which intoxicating liquor is dispensed; and where such licenses are held
by restaurants or bowling alleys whose business is conducted in one room only, then
the licensee shall keep securely locked during the hours and on the days herein
specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating
liquor is dispensed.
- When January first (1st), March seventeenth (17th), July fourth (4th) or December
thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and
Labor Day and on the Sunday on which the national championship game of the
National Football League is played, commonly known as “Super Bowl Sunday”, any
person having a license to sell intoxicating liquor by the drink may be open for
business and sell intoxicating liquor by the drink under the provisions of his/her
license on that day from the time and until the time which would be lawful on another
day of the week, notwithstanding any provisions of this Chapter to the contrary.
- Number Of Licenses Limited.
- No license for the sale at retail of any and all kinds of intoxicating liquor, five percent
(5%) beer or non-intoxicating liquor in the original package shall be granted or issued
when the granting thereof shall increase the number of such licenses outstanding and
in force at that time to more than one (1) for each one thousand (1,000) inhabitants, or
fraction thereof, residing within the City as shown by the last decennial census of the
- Determining the number of licenses allowed. For purposes of determining the number
of licenses allowed by this Section, the issuance of licenses shall be counted as
- The issuance of a license as provided in Section 600.020(B)(2) of this Chapter
(Package liquor — all kinds) shall be counted as being commensurate with the
issuance of one (1) license for every subcategory of package liquor provided in
- The issuance of a license as provided in Section 600.020(B)(5) of this Chapter
(Liquor by the drink — all kinds) shall be counted as being commensurate with
the issuance of one (1) license for every subcategory of liquor by the drink
provided in Sections 600.020(B)(3) and (B)(4).
- General License Regulations.
- Each license issued hereunder shall be conspicuously posted on the premises for
which the license has been issued.
- A separate license shall be required for each place of business. Every license issued
under the provisions of this Chapter shall particularly describe the premises at which
intoxicating liquor may be sold thereunder, and such license shall not be deemed to
authorize or permit the sale of intoxicating liquor at any place other than that
- No license issued under this Chapter shall be transferable or assignable except as
herein provided. In the event of the death of the licensee, the widow or widower or
the next of kin of such deceased licensee, who shall meet the other requirements of
this Chapter, may make application and the Clerk may transfer such license to permit
the operation of the business of the deceased for the remainder of the period for
which a license fee has been paid by the deceased. Whenever one (1) or more
members of a partnership withdraws from the partnership, the Clerk, upon being
requested, shall permit the remaining partner or partners originally licensed to
continue to operate for the remainder of the period for which the license fee has been
paid without obtaining a new license.
- In the event any licensee desires to change the location of his/her place of business in
the City, it shall be necessary for him/her to file an application in the same manner as
herein provided for an original application, except that no additional fee shall be
charged and the amended license, describing the new location, shall be issued
immediately upon the approval of the application by the Board. Any change of
location of the enterprise prior to issuance of such an amended license shall constitute
a violation of this Section.
Section 600.035. Sales of Liquor Prohibited Near Schools and Churches.
- No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter,
within three hundred (300) feet of any school, church or other building regularly used as a
place of religious worship, unless the applicant for the license shall first obtain the consent
in writing of the Board of Alderman, except that when a school, church or place of worship
shall hereafter be established within three hundred (300) feet of any place of business
licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such
consent shall not be granted until at least ten (10) days’ written notice has been provided to
all owners of property within three hundred (300) feet of the proposed licensed premises.
- Subsection (A) of this Section shall not apply to a license issued by the Supervisor of
Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section
311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal,
veteran, political, or charitable club or organization which has obtained an exemption from
the payment of federal taxes.
- Subsection (A) of this Section shall not apply to any premises holding a license issued
before January 1, 2004, by the Supervisor of Alcohol and Tobacco Control for the sale of
intoxicating liquor. To retain a license under this Subsection, the licensed premises shall
not change license type, amend the legal description, or be without a liquor license for
more than ninety (90) days.
Section 600.040. Schedule of License Fees.
- The following categories and subcategories of licenses shall be issued upon compliance
with the provisions of this Chapter and payment of the license fee indicated:
- General licenses.
- Malt liquor — original package: $75.00.
- Intoxicating liquor (all kinds) — original package: $150.00.
- Malt liquor — by drink (resort only): $75.00.
- Malt liquor and light wines — by drink (resort only): $75.00.
- Intoxicating liquor (all kinds) — by drink (resort only): $450.00.
- Sunday sales. (Additional fees)
- Intoxicating liquor at retail: $300.00.
- Temporary permit — by the drink for certain organizations (7 days max.):
- Tasting permit: $37.50.
- Caterers: $15.00 per each calendar day.
Of the license fee to be paid for any such license, the applicant shall pay as many
twelfths (12ths) as there are months (part of a month counted as a month) remaining from the
date of the license to the next succeeding July first (1st).
Section 600.045. Temporary Location For Liquor By The Drink, Caterers — Permit — Fee
- The City may issue a temporary permit to caterers and other persons holding licenses to
sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to
the provisions of this Chapter who furnish provisions and service for use at a particular
function, occasion or event at a particular location other than the licensed premises, but not
including a “festival” as defined in Chapter 316, RSMo. The temporary permit shall be
effective for a period not to exceed one hundred sixty-eight (168) consecutive hours, and
shall authorize the service of alcoholic beverages at such function, occasion or event during
the hours at which alcoholic beverages may lawfully be sold or served upon premises
licensed to sell alcoholic beverages for on-premises consumption. For every permit issued
pursuant to the provisions of this Section, the permittee shall pay to the City an amount as
set out in Section 600.040(3)(c) above, or fraction thereof, for which the permit is issued.
- Except as provided in Subsection (C), all provisions of the Liquor Control Law and the
ordinances, rules and regulations of the City, in which is located the premises in which
such function, occasion or event is held shall extend to such premises and shall be in force
and enforceable during all the time that the permittee, its agents, servants, employees, or
stock are in such premises. This temporary permit shall allow the sale of intoxicating liquor
in the original package.
- Notwithstanding any other law to the contrary, any caterer who possesses a valid State and
valid local liquor license may deliver alcoholic beverages, in the course of his/her catering
business. A caterer who possesses a valid State and valid local liquor license need not
obtain a separate license for each City the caterer delivers in, so long as such City permits
any caterer to deliver alcoholic beverages within the City.
- To assure and control product quality, wholesalers may, but shall not be required to, give a
retailer credit for intoxicating liquor with an alcohol content of less than five percent (5%)
by weight delivered and invoiced under the catering permit number, but not used, if the
wholesaler removes the product within seventy-two (72) hours of the expiration of the
catering permit issued pursuant to this Section.
Section 600.050. Application For License and Renewal. [Ord. No. 1984-203 §§1 — 2, 6, 9, 3-6-1984]
- Filing Of An Application.
- Each application for an original or renewal license shall be filed with the City Clerk
on a form to be provided by the City, signed and sworn to by the applicant. Each
application shall be accompanied by a proper remittance reflecting the appropriate
license fee made payable to the City. Such applications shall then be submitted to the
Board of Aldermen at a regular meeting and the Board shall thereupon ascertain and
find if the applicant meets the qualification requirements of this Section.
- Partnerships and corporations. Corporations which apply for a license under this
Article shall make application on the form prescribed by the Board of Aldermen,
which form shall be subscribed and sworn to in person by such corporation.
Applications for partnerships to obtain a license under the provisions of this Article
may be made by one (1) or more partners. Any application made by any corporation
or by any partnership shall contain the names of all persons interested in such
corporation or partnership. The president or other chief officer of any corporation and
the partners making application for license under the provisions of this Article shall
possess all of the qualifications and meet with all the requirements of this Article
before any license shall be issued upon such application.
- Qualifications. Neither the applicant nor any officer, director or shareholder of a corporate
applicant shall have been convicted of a felony or of any distribution, sale or possession of
any controlled substances or dangerous drugs. The applicant shall present with the
application a bona fide sale contract or option duly executed, which may be subject to the
applicant obtaining a liquor license, or a bona fide lease duly executed by the lessor, or an
option for a lease duly executed, subject to the applicant obtaining a liquor license,
covering the property for which a liquor license is requested. If the applicant is a
corporation, the petition shall set forth all of the above information with respect to the
managing officer or officers, identifying such officer or officers. The application shall
further state the full name of the corporation, its date of incorporation, its registered agent
and registered address, the names and addresses of all shareholders of the corporation, and
whether said corporation operates any other business or controls or is controlled by any
other corporation or business and, if so, the application shall further state the name of such
controlled or controlling corporation or business, its registered agent and registered
address, and the location of all businesses operated by it and the name and address of any
such businesses with a liquor license, whether within or without the City; and the
application shall also state if such controlling corporation or any controlled corporation is
doing business under a fictitious name, and the address where said business is located. The
Board of Aldermen also may request such additional information of an applicant as it may
deem necessary for it to make a determination with respect to the issuance of a liquor
- Hearing On Application. Upon the filing of the application with the Clerk, the Clerk shall
fix a date for a hearing before the Board not more than thirty-one (31) days from the date of
filing of the application and shall give the applicant written notice of the date of the
hearing. The hearing shall be conducted in accordance with Section 600.090 of this
- The Board shall approve the application if after the hearing it finds that:
- Issuance of the requested license would be in the best interests of the locality of
the proposed business;
- The applicant is a person of good moral character, a native born or naturalized
citizen of the United States of America, a registered voter and a taxpaying
citizen of the City;
- No license theretofore issued to such applicant to sell intoxicating liquors has
been revoked within two (2) years of the date of the application;
- The applicant has not been convicted since the ratification of the Twenty-First
Amendment to the Constitution of the United States of the violation of any law
applicable to the sale of intoxicating liquor, or that such applicant has not
employed in his/her business any person whose license has been revoked or
who has been convicted of violating the provisions of such law since the date
- The applicant plans and proposes to conduct a retail liquor business in
compliance with the laws of the State of Missouri, the ordinances of the City
and the provisions of this Chapter.
- Upon approval of any application for a license, the Clerk shall grant the applicant a license
to conduct business in the City for a term to expire with the thirtieth (30th) day of June next
succeeding the date of such license, unless such license be revoked or suspended for cause
before the expiration of such time.
- Applications for renewal of licenses must be filed on or before the first (1st) day of May of
each calendar year. Such renewal application shall be reviewed by the Board at its next
meeting. Upon approval of the majority of the Board and payment of the license fee
provided herein, the Clerk shall renew the license. In the event that any person residing or
conducting businesses within two hundred (200) feet of the applicant’s place of business
shall file a written protest against the renewal of such license, the Board shall conduct a
hearing on the application for license renewal as provided in Subsection (D) of this
- Cancellation For Failure To Renew. If the holder of a license issued under this Chapter for
the sale of any alcoholic beverage shall fail to renew such license and pay the license fee
therefor within ten (10) days after such license is due and payable, such license shall be
cancelled by the City.
Section 600.060. Minors.
- Persons Eighteen Years Of Age Or Older May Sell Or Handle Liquor Or Beer, When.
- Except as otherwise provided in this Section, no person under the age of twenty-one
(21) years shall sell or assist in the sale or dispensing of intoxicating liquor.
- In any place of business licensed in accordance with this Chapter, persons at least
eighteen (18) years of age may stock, arrange displays, operate the cash register or
scanner connected to a cash register, accept payment for, and sack for carry-out
intoxicating liquor. Delivery of intoxicating liquor away from the licensed business
premises cannot be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years, as
authorized by this Subsection, shall, when at least fifty percent (50%) of the licensee’s
gross sales does not consist of non-alcoholic sales, have an employee twenty-one (21)
years of age or older on the licensed premises during all hours of operation.
- In any distillery, warehouse, wholesale distributorship or similar place of business
which stores or distributes intoxicating liquor but which does not sell intoxicating
liquor at retail, persons at least eighteen (18) years of age may be employed and their
duties may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale at retail. Any
wholesaler licensed pursuant to this Chapter may employ persons of at least eighteen
(18) years of age to rotate, stock and arrange displays at retail establishments licensed
to sell intoxicating liquor.
- Persons eighteen (18) years of age or older may, when acting in the capacity of a
waiter or waitress, accept payment for or serve intoxicating liquor in places of
business which sell food for consumption on the premises if at least fifty percent
(50%) of all sales in those places consists of food; provided that nothing in this
Section shall authorize persons under twenty-one (21) years of age to mix or serve
across the bar intoxicating beverages.
- Sales To Minor — Exceptions.
- No licensee, his/her employee, or any other person shall procure for, sell, vend, give
away or otherwise supply any intoxicating liquor in any quantity whatsoever to any
person under the age of twenty-one (21) years, except that this Section shall not apply
to the parent or guardian of the minor nor to the supplying of intoxicating liquor to a
person under the age of twenty-one (21) years for medical purposes only or to the
administering of such intoxicating liquor to such person by a duly licensed physician.
No person shall be denied a license or renewal of a license issued under this Chapter
solely due to a conviction for unlawful sale or supply to a minor while serving in the
capacity as an employee of a licensed establishment.
- Any owner, occupant, or other person or legal entity with a lawful right to the
exclusive use and enjoyment of any property who knowingly allows a person under
the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails
to stop a person under the age of twenty-one (21) from drinking or possessing
intoxicating liquor on such property, unless such person allowing the person under
the age of twenty-one (21) to drink or possess intoxicating liquor is his/her parent or
guardian, is guilty of an ordinance violation.
- It shall be a defense to prosecution under this Subsection if:
- The defendant is a licensed retailer, club, drinking establishment, or caterer or
holds a temporary permit, or an employee thereof;
- The defendant sold the intoxicating liquor to the minor with reasonable cause to
believe that the minor was twenty-one (21) or more years of age; and
- To purchase the intoxicating liquor, the person exhibited to the defendant a
driver’s license, Missouri non-driver’s identification card, or other official or
apparently official document, containing a photograph of the minor and
purporting to establish that such minor was twenty-one (21) years of age and of
the legal age for consumption of intoxicating liquor.
- Misrepresentation Of Age By Minor To Obtain Liquor — Use Of Altered Driver’s License,
Passport Or I.D. Cards, Penalties.
- No person under the age of twenty-one (21) years shall represent, for the purpose of
purchasing, asking for or in any way receiving any intoxicating liquor, that he/she has
attained the age of twenty-one (21) years, except in cases authorized by law.
- In addition to Subsection (C)(1) of this Section, no person under the age of
twenty-one (21) years shall use a reproduced, modified or altered chauffeur’s license,
motor vehicle operator’s license, identification card issued by any uniformed service
of the United States, passport or identification card established in Section 302.181,
RSMo., for the purpose of purchasing, asking for or in any way receiving any
- Minors In Possession Of Intoxicating Liquor.
- No person under the age of twenty-one (21) years shall purchase or attempt to
purchase, or have in his/her possession, any intoxicating liquor as defined in Section
600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001,
RSMo., or shall have a detectable blood alcohol content of more than two-hundredths
of one percent (.02%) or more by weight of alcohol in such person’s blood.
- The provisions of this Subsection shall not apply to a student who:
- Is eighteen (18) years of age or older;
- Is enrolled in an accredited college or university and is a student in a culinary
- Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or
other similar malt or fermented beverage as part of the required curriculum; and
- Tastes a beverage under Subsection (D)(2)(c) of this Section only for
instructional purposes during classes that are part of the curriculum of the
accredited college or university.
The beverage must at all times remain in the possession and control of any authorized
instructor of the college or university, who must be twenty-one (21) years of age or older.
Nothing in this Subsection, may be construed to allow a student under the age of twenty-one (21)
to receive any beer, ale, porter, wine or other similar malt or fermented beverage unless the
beverage is delivered as part of the student’s required curriculum and the beverage is used only
for instructional purposes during classes conducted as part of the curriculum.
- Any person under the age of twenty-one (21) years who purchases or attempts to
purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in
an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to
have given consent to a chemical test or tests of the person’s breath, blood, saliva, or
urine for the purpose of determining the alcohol or drug content of the person’s blood.
The implied consent to submit to the chemical tests listed in this Subsection shall be
limited to not more than two (2) such tests arising from the same arrest, incident, or
charge. Chemical analysis of the person’s breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of Health and
Senior Services by licensed medical personnel or by a person possessing a valid
permit issued by the State Department of Health and Senior Services for this purpose.
The State Department of Health and Senior Services shall approve satisfactory
techniques, devices, equipment, or methods to be considered valid and shall establish
standards to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination or revocation by
the State Department of Health and Senior Services. The person tested may have a
physician, or a qualified technician, chemist, registered nurse, or other qualified
person at the choosing and expense of the person to be tested, administer a test in
addition to any administered at the direction of a Law Enforcement Officer. The
failure or inability to obtain an additional test by a person shall not preclude the
admission of evidence relating to the test taken at the direction of a Law Enforcement
Officer. Upon the request of the person who is tested, full information concerning the
test shall be made available to such person. “Full information” is limited to the
- The type of test administered and the procedures followed;
- The time of the collection of the blood or breath sample or urine analyzed;
- The numerical results of the test indicating the alcohol content of the blood and
breath and urine;
- The type and status of any permit which was held by the person who performed
- If the test was administered by means of a breath-testing instrument, the date of
performance of the most recent required maintenance of such instrument.
“Full information” does not include manuals, schematics, or software of the instrument
used to test the person or any other material that is not in the actual possession of the State.
Additionally, “full information” does not include information in the possession of the
manufacturer of the test instrument.
Section 600.065. Burden of Proof On Violator Concerning Manufacturer-Sealed Container.
For purposes of determining violations and prosecution under this Chapter, or any rule or
regulation of the Supervisor of Alcohol and Tobacco Control, a manufacturer-sealed container
describing that there is intoxicating liquor therein need not be opened or the contents therein
tested to verify that there is intoxicating liquor in such container. The alleged violator may allege
that there was no intoxicating liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container describing that there is
intoxicating liquor therein contains intoxicating liquor.
Section 600.070. Miscellaneous Offenses.
- Unlawful For Licensed Retailer To Purchase From Other Than Licensed Wholesaler. It
shall be unlawful for any licensee to purchase any intoxicating liquor except from, by or
through a duly licensed wholesale liquor dealer in this State. It shall be unlawful for such
retail liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of
the provisions of this Section.
- Any retailer licensed pursuant to this Chapter shall not:
- Sell intoxicating liquor with an alcohol content of less than five percent (5%) by
weight to the consumer in an original carton received from the wholesaler that has
been mutilated, torn apart or cut apart; or
- Repackage intoxicating liquor with an alcohol content of less than five percent (5%)
by weight in a manner misleading to the consumer or that results in required labeling
being omitted or obscured.
- Mixing Liquor With Drugs Prohibited. No licensee or any other person shall for any
purpose whatsoever mix or permit or cause to be mixed with any intoxicating liquor kept
for sale, sold or supplied by him/her as a beverage any drug or form of methyl alcohol or
impure form of alcohol.
- Unlawful To Sell Unlabeled Liquor — Penalty. It shall be unlawful for any person to sell
any intoxicating liquor which has not been inspected and labeled according to the
provisions of the Liquor Control Law of Missouri, and any such person upon conviction
shall have his/her license revoked and shall be ineligible to receive any subsequent liquor
license for a period of two (2) years thereafter.
- Only Those Liquors Authorized By License To Be Kept On Premises.
- It shall be unlawful for any licensee licensed for the sale of intoxicating liquor at
retail by the drink for consumption on the premises to keep in or upon the premises
described in such license any intoxicating liquor other than the kind of liquor
expressly authorized to be sold by such licensee.
- Any retailer licensed pursuant to this Chapter shall not:
- Sell intoxicating liquor with an alcohol content of less than five percent (5%) by
weight to the consumer in an original carton received from the wholesaler that
has been mutilated, torn apart or cut apart; or
- Repackage intoxicating liquor with an alcohol content of less than five percent
(5%) by weight in a manner misleading to the consumer or that results in
required labeling being omitted or obscured.
- Persons Apparently Intoxicated Not To Be Provided With Intoxicating Liquor. It shall be
unlawful for any licensee or his/her employee or agent to sell or supply intoxicating liquor,
or permit such to be sold or supplied, to a habitual drunkard or to any person who is under
or apparently under the influence of intoxicating liquor.
- Drinking In Public Places Prohibited.
- For purposes of this Section, the term “public place” shall mean any public street,
highway, alley, sidewalk, thoroughfare or other public way of the City, or any
- No person shall drink or ingest any intoxicating liquor in or on any public place.
- No person shall possess or have under his/her control any unsealed glass, bottle, can
or other open container of any type containing any intoxicating liquor while in or
upon any public place.
- No person shall possess or have under his/her control any unsealed glass, bottle, can
or other open container of any type containing any intoxicating liquor while within or
on any motor vehicle while the same is being operated upon, or parked or standing in
or upon, any public place. Any person operating a motor vehicle shall be deemed to
be in possession of an open container contained within the motor vehicle he/she has
control of whether or not he/she has actual physical possession of the open container.
- Live Entertainment On Premises Prohibited. No person licensed for the sale of intoxicating
liquor by the drink for consumption on the premises shall permit or allow any live
entertainment on the premises. The playing and singing of music solely shall not be
considered entertainment under this Section.
Section 600.080. Administration of Law — License Suspension.
- Suspension Or Revocation Of License — When — Manner. The Board may suspend or
revoke the license of any person for cause shown. In such cases the City Clerk shall
schedule a hearing before the Board not less than ten (10) days prior to the effective date of
revocation or suspension, and prior to the hearing the Clerk shall give not less than ten (10)
days’ written notice specifying grounds for the suspension or revocation thereof to the
licensee of the grounds upon which the license is sought to be revoked or suspended and
the time, date and place of the hearing. Notice may be accomplished by personal delivery,
U.S. mail or by posting on the licensed premises. The hearing shall be conducted in
accordance with Section 600.090 of this Chapter.
- Grounds For Suspension Or Revocation. A license may be suspended or revoked for any of
the following reasons:
- Violating any of the provisions of either this Chapter, Chapter 311, RSMo., or any
ordinance of the City;
- Failing to obtain or keep a license from the State Supervisor of Alcohol and Tobacco
- Making a false affidavit in an application for a license under this Chapter;
- Failing to keep an orderly place or house;
- Selling, offering for sale, possessing or knowingly permitting the consumption on the
licensed premises of any kind of intoxicating liquors, the sale, possession or
consumption of which is not authorized under the license;
- Selling, offering for sale, possessing or knowingly permitting the consumption of any
intoxicating liquor which has not been inspected and labeled according to the laws of
the State of Missouri; or
- Selling, giving or otherwise supplying intoxicating liquor to:
- Any person under the age of twenty-one (21) years,
- Any person during unauthorized hours on the licensed premises,
- A habitual drunkard or to any person who is under or apparently under the
influence of intoxicating liquor, or
- Any person on the licensed premises during a term of suspension as ordered by
- Automatic Revocation/Suspension. A license shall be revoked automatically if the
licensee’s State liquor license is revoked or if the licensee is convicted in any court of any
violation of Chapter 311, RSMo., or of any felony violation of Chapter 195, RSMo., in the
course of business. A license shall be suspended automatically if the licensee’s State liquor
license is suspended, and the suspension shall be for a term not less than that imposed by
- Effect Of Suspension. No person whose license shall have been suspended by order of the
Board shall sell or give away any intoxicating liquor during the time such suspension is in
effect. Any licensee desiring to keep premises open for the sale of food or merchandise
during the period of suspension shall display the Board’s order of suspension in a
conspicuous place on the premises so that all persons visiting the premises may readily see
Section 600.090. Hearings Upon Suspension or Revocation of Licenses.
- Testimony — Evidence. Hearings before the Board shall be in the nature of informal
investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be
taken in such hearings, and all proceedings in such hearings shall be recorded. Any person
residing or conducting a business within two hundred (200) feet of the proposed
establishment shall have the right to produce witnesses and testimony.
- Witnesses — How Summoned. Subpoenas may be issued by the Board for any person
whose testimony is desired at any hearing. Such subpoenas may be served and returns
thereon made by any agent and in the same manner as provided by law for the service of
subpoenas in civil suits in the Circuit Courts of this State. The Board also may issue
subpoenas duces tecum requiring the production of documents or other items pertaining to
the subject of the inquiry.
- Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall
be sworn by the City Clerk to tell the truth and nothing but the truth.
- Decision — Suspension Or Revocation. If the evidence supports a finding that the license
should be revoked or suspended pursuant to Section 600.080 of this Chapter, the Board
shall issue a written order which shall include specific findings of fact setting forth the
grounds for the action taken. If the evidence fails to support a finding that the license
should be revoked or suspended, then no such order shall be issued.
- Appeal. Any applicant or licensee aggrieved by a decision of the Board may appeal such
decision to the Circuit Court as provided in Chapter 536, RSMo., provided such appeal is
filed within ten (10) days of the date of the Board’s decision. The Board may delay the
implementation of its order pending appeal.
Section 600.100. Warning Sign Displayed — Liquor Licenses.
- Any person who is licensed to sell or serve alcoholic beverages at any establishment shall
place on the premises of such establishment a warning sign as described in this Section.
Such sign shall be at least eleven (11) inches by fourteen (14) inches and shall read
“WARNING: Drinking alcoholic beverages during pregnancy may cause birth defects”.
The licensee shall display such sign in a conspicuous place on the licensed premises.
- Any employee of the Supervisor of Alcohol and Tobacco Control may report a violation of
this Section to the Supervisor, and the Supervisor shall issue a warning to the licensee of