1638 Bill No. 638 Alcohol

AN ORDINANCE REGULATING THE LICENSING, SALE, USE, CONSUMPTION OF ALCOHOLIC BEVERAGES AND PROHIBITING THE OPERATION OF A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PENALITES FOR SUCH VIOLATIONS WITHIN THE CITY OF RICH HILL, MISSOURI

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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

Section 1.  Definitions.

A. The term “intoxicating liquor” as used in this chapter, shall mean and include alcohol for beverage purposes, 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 by volume except for non-intoxicating beer as defined below. All beverages having an alcoholic content of less than one-half of one percent by volume shall be exempt from the provisions of this chapter.

B. The phrase “non-intoxicating beer” as used in this chapter shall be construed to refer to and to mean any beer manufactured from pure hops, or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent by volume and not exceeding three and two-tenths percent by weight.

C. The term “financial interest” as used in this chapter is defined to mean all interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net profits of the enterprise, after the payment of reasonable and necessary operating business expenses and taxes, including interest in dividends, preferred dividends, interest and profits, directly or indirectly paid as compensation for, or in consideration of interest in, or for use of, the capital denoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except  by way of ordinary commercial credit or bona fide bank credit not in excess of credit customarily granted by banking  institutions, whether paid as dividends, interest or profits, or in the guise of royalties, commissions, salaries, or any other from whatsoever.

D. The term “person” as used in this chapter shall mean and include and individual, association, Joint Stock Company, syndicate, co partnership, corporation, receiver, trustee, conservator, or other officer appointed by any state or federal court.

E. The term “sale by wholesale” as used in this chapter shall include and mean any person who shall maintain or be in charge of any place of business or depot in the city at which place intoxicating liquor or non-intoxicating beer shall be kept or stored  for sale to any other licensed dealer.

Section 2.  License required.

It shall be unlawful for any person, firm, partnership or corporation to manufacture, sell or expose for sale in this City intoxicating liquor or non-intoxicating beer in any quantity without taking out a license to be granted by action of the Board of Aldermen. It shall not be a defense to a prosecution under this ordinance that the defendant is a private club, fraternal organization, or an employee of a private club or fraternal organization where such intoxicating liquor or non-intoxicating beer is offered for sale only to members of such private club or fraternal organization.

Section 3.   Qualification for license.

A. Before any license shall be issued pursuant to the provisions of this chapter, the applicant therefore shall apply, in writing, to the city clerk, giving the location of the place of business including the specific areas inside or outside of the building to which the license is to apply, and the names of all parties interested in the business to be operated under such license.

B. No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character, and no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or non-intoxicating beer, or who employs in his business as such dealer, any person whose license has been revoked or who has been convicted of violating such law.

C.

  1. No person, partnership or corporation shall be qualified for a license under this law if such person, any member of such partnership, or such corporation, or any officer, director, or any stockholder owning legally or beneficially, directly or indirectly, ten percent or more of the stock of such corporation, or other financial interest therein, or ten percent or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this law shall have had a license revoked under this law or shall have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor or non-intoxicating beer, or shall not be a person of good moral character.
  2. No license issued under this chapter shall be denied, suspended, revoked or otherwise affected based solely on the fact that an employee of the licensee has been convicted of a felony unrelated to the manufacture or sale of intoxicating liquor or non-intoxicating beer so long as any such employee does not directly participate in retail sales of intoxicating liquor or non-intoxicating beer.
  3. The supervisor shall by regulation require all applicants for licenses to file written statements, under oath, containing the information reasonable required to administer this section. Statements by applicants for licenses as wholesalers and retailers shall set out, with other information required, full information concerning the residence of all persons financially interested in the business to be licensed as required by regulation. All material changes in the information filed shall be promptly reported to the supervisor.
  4. Notwithstanding the definition of financial interest above, service as a member of the board of directors of a corporation, the stock of which is traded on the New York or American Stock Exchange, or NASDAQ, or ownership of less than ten percent of the outstanding shares in such corporation, shall not constitute a financial interest in such corporation or a subsidiary thereof.
  5. Distillers, wholesalers, winemakers, brewers or their employees, officers or agents, shall not, under any circumstances, directly or indirectly, have any financial interest in the retail business for sale of intoxicating liquors or non-intoxicating beer and shall not directly or indirectly, loan, give away or furnish equipment, money, credit or property of any kind, except ordinary commercial credit for liquors sold to such retail dealers.
  6. 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 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 store a stock of goods having a value according to invoices of at least one thousand dollars, exclusive of fixtures and intoxicating liquors.

Section 4.  Classification of licenses and annual fees.

 The various classifications of licenses permitted under this chapter and the annual fee charged for each license shall be as follows:

  1. For manufacturing, distilling or blending of intoxicating liquor in excess of five (5) percent of alcohol by eight, the sum of Three Hundred Seventy-Five Dollars ($375.00)
  2. For manufacturing, distilling or blending of intoxicating liquor not in excess of five (5) percent of alcohol by weight, the sum of Three Hundred Seventy-Five Dollars ($375.00).
  3. For the sale of intoxicating liquor by wholesale in excess of five (5) percent of alcohol by weight, the sum of Three Hundred Seventy- Five Dollars ($375.00).
  4. For the sale of intoxicating liquor not in excess of five (5) percent of alcohols by weight, at wholesale, the sum of Seventy-Five Dollars ($75.00).
  5. For the sale of intoxicating liquor by retail in the original package, the sum of One Hundred Fifty Dollars ($150.00).
  6. For the sale of intoxicating liquor by the drink at retail for consumption on the premises of any resort or restaurant as defined below, in addition to all other fees required by law to be paid by such establishments, the sum of Four Hundred Fifty Dollars ($450.00), payable at the same time and in the same manner as other fees.
  7. For the sale of intoxicating liquor in the original package at retail between the hours of 1:00 P.M. and midnight on Sundays, from any person licensed to sell intoxicating liquor in the original package at retail for the sum of Three Hundred Dollars ($300.00) in addition to all other fees required by law to be paid.
  8. For the sale of intoxicating liquor between the hours of 1:00 P.M. and midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar, as defined below, in addition to all other fees required by law to be paid by such establishments, the sum of Three Hundred Dollars ($300.00), payable at the same time and in the same manner as other license fees.
  9. For the sale of beer (intoxicating and non-intoxicating) in the original package, the sum of Twenty-two and 50/100 Dollars ($22.50).
  10. For the sale of beer (intoxicating and non-intoxicating) for consumption on the premises the sum of Fifty-Two and 50/100Dollars ($52.50).
  11. For the purpose of conducting wine, malt beverage, and distilled spirit tasting on the premises of any licensee authorized to sell intoxicating liquor in the original package at retail, the sum of Thirty-seven and 50/100 Dollars ($37.50).
  12. Other provisions of this chapter to the contrary not withstanding, a permit for the sale of wine and malt liquor containing alcohol in excess of three and two-tenths percent by weight, for consumption on the premises where sold, may be issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization for sale of such wine and malt liquor at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States. Such permit shall be issued only during the period from June fifteenth to July fifteenth annually and only for the day or days named therein and it shall not authorize the sale of wine and malt liquor except between the hours of 1:00 P.M. and midnight and for not more than four (4) days by any such organization. No permit shall be issued to any organization, which selects or restricts the membership thereof on the basis of race, religion, color, creed, or place of national origin.  For the permit, the holder thereof shall pay to the City the sum of One Hundred Fifty Dollars ($150.00).  No provision of law or rule or regulation of the supervisor shall prevent any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the permit of such gathering or event.
  13. For the sale of either intoxicating liquor or non-intoxicating beer for consumption on the premises by members or quests of a private club or fraternal organization, the sum of $500.00.

Section  5.  Separate permits required.

A separate permit or license shall be required for each place of business.  Every permit or license issued shall expire with the thirtieth day of June next succeeding the date of such permit or license. Applications for renewal of permits or licenses must be filed with the city clerk on or before the first day of May of each calendar year.  Of the annual license tax required in this chapter to be paid for any permit or license, the applicant shall pay as many twelfths as there are months (part of a month counted as one month) remaining from the date of the permit or license, to, but not including, the next succeeding first day of July. No person shall sell, give away, consume, otherwise dispose of, or store upon any premises licensed under this chapter, any intoxicating liquor or non-intoxicating beer other than that permitted by the license issued.

Section 6.  Original package not to be broken.

It shall be unlawful for any person holding a permit authorizing the sale of intoxicating liquor or non-intoxicating beer in the original package to allow such original package to be broken or allow any such beverage to be consumed in or upon the premises described in such permit, except during a licensed tasting event.

Section 7.   Hours of sales.

A. No person having a license under this law, nor any employee of such person, except as provided in subparagraphs 7 and 8 of Section 4 above, shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his premises, any intoxicating liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and, except as permitted under subparagraph C of this Section 7, between the hours of 12:01 A.M. Sunday and 6:00 A.M. on Monday. If the person has a license to sell intoxicating liquor by the drink his premises shall be and remain a closed place as defined in this section between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and, except as permitted under subparagraph C of this Section 7, between the hours of 1:30 A.M. Sunday and 6:00 A.M. A “closed place” is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises.

B. No person having a license under the provisions of the chapter, shall sell, give away or otherwise dispose of, or suffer the same to be done, upon or about these premises, any non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M.

C. Notwithstanding the provisions of subparagraph A of this Section 7, any person possessing a liquor license issued by the State of Missouri under the provisions of either Section 311.097 or Section 311.293, RSMo. which specifically permits the sale of intoxicating liquors between the hours of 9:00 a.m. to midnight on Sundays may sell the type of intoxicating liquors authorized by a license granted to the license holder by the City under this Ordinance between the hours of 9:00 a.m. and midnight on Sundays.

Section 8.  Resorts.

A. Any person who possesses the qualifications required by this chapter, and who now or hereafter meets the requirements of, and complies with the provisions of this chapter and state statutes, may apply for the Board of Aldermen to issue a license to sell intoxicating liquor by the drink at retail for consumption on the premises of any resort as described in the application.

B. As used in this section the term “resort” means:

  1. 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 (60) percent 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 food sales for the past two (2) years immediately preceding its application for a license shall not have been less than $75,000.00 per year, with at least $50,000.00 of such gross  receipts from nonalcoholic sales.
  2. A new restaurant establishment having been in operation for at least ninety (90) days preceding the application for such license, with a projected experience based upon its sale of food during the preceding ninety (90) days   which would exceed not less than Seventy-Five Thousand Dollars ($75,000.00) per year; or
  3. A seasonal resort restaurant with food sales as determined in subsection (C) of this section.

C. For purposes of this section, a seasonal resort restaurant is a restaurant which is not a new restaurant establishment and which is open for business eight (8) or fewer consecutive months in any calendar year. Fifty (50) percent of all gross sales of such restaurant shall be sales of prepared meals.  Any new seasonal resort restaurant establishment having been in operation for less than twelve (12) weeks may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the seasonal resort restaurant establishment can show a projection for annualized gross sales of which fifty (50) percent shall be sales of prepared meals.  The temporary license fee and the annual license fee shall be prorated to reflect the period of operation of the seasonal resort restaurant. The license shall be valid only during the period for which application was made and for which the fee was paid.  Any seasonal resort restaurant upon resuming business for its season of operation shall not be considered a new establishment for purposes of issuing a temporary license.  Nothing in this subsection shall prohibit a seasonable resort restaurant from becoming a resort restaurant upon application, payment of fees, and compliance with the requirements of this chapter.

D. The times for opening and closing the establishments and all other laws and regulations of the City relative to alcoholic beverages as provided in this chapter shall apply to such resorts and restaurant establishments except where specifically in conflict with the provisions of this section or state law.

E. Any new resort or restaurant establishment having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days if the resort or restaurant establishment can show a projection of an annual business from prepared meals or food which would exceed not less than Seventy-Five Thousand Dollars ($75,000.00) per year. The License fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

 Section  9.  Restaurant Bars.

A. Any person who possesses the qualifications required by this chapter, and who now or hereafter meets the requirements of and complies with the provisions of this chapter, may apply for, and the Board of Aldermen may issue a license to sell intoxicating liquor between the hours of 1:00 P.M. and midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar as described in the application. As used in this section the term “restaurant bar” means any establishment having a restaurant or similar facility on the premises at least fifty (50) percent of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least Two Hundred Thousand Dollars ($200,000.00) from the sale of prepared meals or food consumed on the premises.

B. All other laws and regulations of the City relative to alcoholic beverages as provided in this chapter shall apply to such restaurant bars except where specifically in conflict with the provisions of this section or state law.

C. Any new restaurant bar having been in operation for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 1:00 P.M. and midnight on Sunday for a period not to exceed ninety (90) days if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty (50) percent of the total gross income of the restaurant bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than Two Hundred Thousand Dollars ($200,000.00). The license fee shall be prorated for the period of the temporary license for the establishment.

Section 10.  Tasting license.

Notwithstanding any other provisions of this code to the contrary, any person possessing the qualifications and meeting the requirements of this code who is licensed to sell intoxicating liquor in the original package at retail hereunder, may apply to the City for a special permit to conduct wine, malt beverage and distilled spirit tasting on the licensed premises.

Section 11.  Sales prohibited near schools and churches.

No license shall be granted for the sale of intoxicating liquor, as defined in this chapter, within 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 education of the school, or the consent in writing of the majority of the managing board of the church or place of worship, except that when a school, church or place of worship shall hereafter be established within 300 feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for lack of consent in writing as herein provided.

Section 12.  Number of licenses for retail sale limited.

The number of licenses for the sale of intoxicating and non-intoxicating liquors at retail shall be limited as follows:

A. For the sale, by grocers and other merchants and dealers, of malt liquor containing alcohol in excess of three and two-tenths (3.2) percent weight and not in excess of five (5) percent by weight in the original package, and wines not to be consumed on the premises, no more than one (1) such licenses shall be issued for each four hundred (400) persons or major fraction thereof in the current United States census as residents of the City.

B. For the sale of malt liquor at retail by the drink for consumption on the premises, no more than one (1) such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

C. For the sale at retail of an intoxicating liquor not to be consumed on the premises, no more than one (1) such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

D. For the sale, by grocers and other merchants and dealers, of non-intoxicating beer in the original package, not to be consumed on the premises, no more than one such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

E. For the sale of non-intoxicating beer at retail for consumption on the premises, and where more than fifty (50) percent of the gross receipts of the business situated on the licensed premises is derived from the sale of prepared foods to be consumed on the premises, no more than one (1) such license shall be issue for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

F. For the sale of intoxicating liquor at retail for consumption on the premises, and where the business is licensed as a resort, restaurant, or restaurant bar, no more than one such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

G. For the sale of intoxicating liquor or non-intoxicating beer for consumption on the premises by members or guests of a private club or fraternal or non-profit organization, no more than one such license shall be issued for each four hundred (400) persons or major fraction thereof shown in the current United States census as residents of the City.

Section 13.  License non-transferable; exceptions:

A. 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 law may make application and the City 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 as been paid by the deceased.

B. Whenever one or more members of a partnership withdraws from the partnership, the City, 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.

Section 14.  Minors – employment of.         

A. Except as provided in subsections B and C of this section, no person under the age of Twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.

B. In any place of business licensed in accordance with RSMo. 311.200 or 312.040, where at least fifty (50) percent of the gross sales made consists of goods, merchandise or commodities other than intoxicating liquor or non-intoxicating beer in the original package, persons at least eighteen (18) years of age may stock, arrange displays, accept payment for and sack for carryout intoxicating liquor or non-intoxicating beer. Delivery of intoxicating liquor or non-intoxicating beer away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.

C. In any distillery, warehouse, wholesale distributorship or similar place of business which stores or distributes intoxicating liquor or non-intoxicating beer but which does not sell intoxicating liquor or non-intoxicating beer at retail, persons at least eighteen (18) years of age may be employed and their duties may include the handling of intoxicating liquor or non-intoxicating beer for all purposes except consumption, sale retail, or dispensing for consumption or sale at retail.

D. 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 or non-intoxicating beer in places of business which sell food for consumption on the premises if at least fifty (50) percent 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 or non-intoxicating beer.

Section 15.  Minors – Purchase or possession by; sales to; exception.

A. No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his possession, any intoxicating liquor or non-intoxicating beer.

B. No person shall sell, give or in any way transfer to a person under the age of twenty-one (21) years any intoxicating liquor or non-intoxicating beer.

C. For the purpose of prosecution for violations of this section, any person under the age of twenty-one (21) years who shall be shown by competent evidence to be intoxicated or under the influence of alcohol shall be presumed to have had in his possession an intoxicating liquor or non-intoxicating beer. Competent evidence of intoxication or influence of alcohol may be shown by, but is not limited to, evidence of a chemical test of the defendant’s breath, saliva, urine or blood as authorized by RSMo. 577.020. If chemical analysis of the defendant’s breath, saliva, urine or blood shows that the defendant has in excess of five hundredths of one percent (0.05%), or more, of alcohol by weight in the defendant’s blood, it shall be presumed that the defendant was under the influence of alcohol. The percentage of alcohol in the blood shall be determined as authorized by RSMO. 577.020.

D. This section shall not apply to supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medicinal purposes only, or by the parent or guardian of such person or to the administering of intoxicating liquor to such person by a physician.

Section 16.  Sales to habitual drunkards, apparently intoxicated persons.

No licensee under this chapter and no employee of any such licensee or any other person shall sell or supply intoxicating liquor or non-intoxicating beer 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 intoxicants.

Section 17.  Misrepresentation of age by minor.

No person, having attained the age of seventeen (17) years but less than twenty-one (21) years of age, shall misrepresent his age for the purpose of purchasing or in any way obtaining any intoxicating liquor or non-intoxicating beer.

Section 18.  Possession while on public property.

It shall be unlawful for any person to possess any intoxicating liquor or non-intoxicating beer in or upon any public property within the city, specifically including but not limited to the streets and alleys of the city unless such intoxicating liquor or non-intoxicating beer shall be contained in the original package and the seal of such original package shall not have been broken.  It shall not be a defense to prosecution under this section that the intoxicating liquor or non-intoxicating beer was contained in a motor vehicle unless the intoxicating liquor or non-intoxicating beer was contained in a closed portion of the vehicle not accessible to the occupants of the vehicle from the interior of the vehicle.

Section 19.  Loitering by minors.

A. Except as authorized by law, it shall be unlawful for any person under the age of twenty-one (21) years, with or without consent of one (1) or both of his parents or his guardian or whether or not accompanied by a parent or guardian to patronize, visit, frequent or loiter near any saloon, dram shop or beer parlor where intoxicating liquor or non-intoxicating beer is sold by drink or open bottle.

B. Any person under the age of seventeen (17) years who violates this section may be declared a delinquent child and dealt with as prescribed by the juvenile laws of the state.

C. Except as authorized by law, it shall be unlawful for any operator of a saloon, dram shop or beer parlor to allow a minor under twenty-one (21) years of age to patronize, visit or frequent his place of business.

D. Except as authorized by law, it shall be unlawful for any parent or guardian to consent to or to accompany his child or ward under the age of twenty-one (21) years to patronize, visit, frequent or loiter near a saloon, dram shop, or beer parlor where intoxicating liquor or non-intoxicating beer is sold by drink or open bottle.

Section 20.  Exposure of private parts of body or simulation thereof.    

A. It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the city where alcoholic beverages are offered for sale or may be consumed on the premises:

  1. To suffer or permit any female person, while on the premises of the commercial establishment, to expose to the public view that area of the human female breast at or below the areola thereof.
  2. To suffer or permit any female person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate with portions of the human female breast as described in subsection 3-20 A. (1).
  3. To suffer or permit any person, while on the premises of the commercial establishment, to expose to public view his or her genitals, pubic area, anus, or anal cleft or cleavage.
  4. To suffer or permit any person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus, anal cleft or cleavage.

B. It shall be unlawful for any female person, while on the premises of a commercial establishment located within the city at which alcoholic beverages are offered for sale or may be consumed on the premises, to expose to public view that area of the human female breast at or below the areola thereof, or to employ a device or covering which is intended to give the appearance of or simulate such areas of the female breast as described herein.

C. It shall be unlawful for any person, while on the premises of a commercial establishment located within the city at which alcoholic beverages are offered for sale or may be consumed on the premises, to expose to public view his or her genitals, pubic area, anus, anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus or anal cleft or cleavage.

Section 21.  Suspension or revocation.

A. The Board of Aldermen may, on hearing, suspend or revoke any license issued under the provisions of this division if the licensee has not at all times kept an orderly place or if he has violated any provision of this chapter, or for any other good cause shown, after first having given such licensee not less than ten (10) days notice in writing of his opportunity to be heard. This notice shall contain the grounds for such suspension or revocation, and shall command the licensee to be present at a regular or called meeting of the Board of Alderman and show cause, if any, why such license should not be suspended or revoked. Such licensee shall have full right to be represented by counsel at the hearing and may produce witnesses and evidence in his behalf.  The notice shall be served by a police officer and may be served by leaving a copy thereof with the licensee or any person or employee in charge of the licensee’s place business.

B. A decision to suspend or revoke a license may be based upon one or more of the following:

  1. An offense resulting in a conviction involving the use of force or violence upon the person of another in the operation of the business of licensee;
  2. A conviction of a crime involving a felony by licensee or any of the officers or the managing officer of licensee;
  3. Any false, misleading or fraudulent statement of fact in the license application for the licenses or in any other document required by the city in conjunction therewith;
  4. Violation of any of the provisions of these articles or any of the laws of this city;
  5. Violation of the laws of the state, the United States of America, or any rule or regulation pertaining to the sale and licensing of intoxicating liquors;
  6. Operation of the business in such a manner that it constitutes a nuisance to the neighborhood;
  7. Conduct by the officers, employees, or managing officers of the licensee such as public drunkenness when working or while on the premises, indecent exposure when working or when on the premises or other conduct which shows improper conduct by an individual who is licensed pursuant to this division.  For purposes of this section, the term “premises” shall include the  licensed premises, the parking lots and the area around the business, which is owned, used, maintained as part of the business;
  8. Lack of proper control of customers. The licensee shall use good judgment in the sale of intoxicating beverages and shall not sell same to persons obviously intoxicated.  If any customer becomes unruly or abusive, it shall be the duty of the licensee to call and fully cooperate with police, or other law enforcement authority. The licensee shall take appropriate and necessary steps to supervise the premises immediately outside the liquor establishment, shall keep said premises free from litter, and shall not allow the premises to become a gathering location for the liquor establishment’s customers;
  9. The operation or possession of any gambling device in or about the premises where intoxicating liquor is sold, either in the original package or for consumption on the premises where sold.

Section 22.  Driving while under influence of alcohol or drugs.

(a) Driving while intoxicated, drugged. A person commits the offense of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition.

(b) Excessive blood alcohol content. A person commits the offense of driving with excessive blood alcohol content if he or she operates a motor vehicle with eight-hundredths of one percent (.08%) or more by weight of alcohol in his or her blood.

(c) Definition. As used in Sections (a) and (b) the terms “drive’ or “operate” means physically driving or operating or being in actual physical control of a motor vehicle.

(d) Percent by weight of alcohol, defined. As used herein, the term “percent by weight of alcohol” shall have the meaning as provided by State law, RSMo. Section 577.012.

(e) Implied consent. Any person who operates a motor vehicle shall be deemed to have given consent to a chemical test or tests of his breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of his blood. Such test shall be performed according to the provisions of State law, in RSMo. Sections 577.020 through 577.041.

(f) Reports to Highway Patrol.  A record of the conviction in any court proceeding involving a violation of Subsection (a) or Subsection (b) shall be forwarded to the Missouri State Highway Patrol within fifteen (15) days by the Clerk of the court.

(g) Penalty.

(1) Any person convicted of driving while intoxicated shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confinement for not more than ninety (90) days, or both such fine and confinement. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence on less than two (2) years probation.

(2) Any person convicted of driving with blood alcohol content shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), confined for not more than ninety (90) days, or both such fine and confinement.

(3) Upon a plea of guilty or a finding of guilty for an offense of driving while intoxicated or driving with blood alcohol content, the court may (as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law) order the convicted person to participate in and successfully complete an alcohol or drug related traffic offender education or rehabilitation program as described in RSMo. Section 577.049. Such a program may be used as a condition for suspending any permissible portion of any sentence only one (1) time.

(h) Arrest without a warrant. An arrest without a warrant by a Law Enforcement Officer, including a uniformed member of the State Highway Patrol, for a violation of Subsection (a) or Subsection (b) hereof is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated either Section, whether or not the violation occurred in the presence of the arresting officer; providing however, that any such arrest without warrant must be made within one and one-half (11/2) hour after such claimed violation occurred.

(i) Certain costs of arrest to be reimbursed. Pursuant to the authority of Section 577.048, RSMo., in each plea of guilty in the Municipal Court of the City of Rich Hill for a violation of this Section, in addition to imposition of other penalties provided herein, the Municipal Court shall order the defendant to reimburse the City of Rich Hill for each administrative cost applicable to the case, as follows:

(1) Arrest Cost

 

$29.00

 

(2)

 

Breath Test Cost

 

4.00

 

(3)

 

Blood Test Cost

 

24.00

 

(4)

 

Booking Cost

 

6.00

 

(5)

 

Detention Cost

 

35.00

 

Section 23.   Minors-abuse and lose.

A. The Municipal Court judge may,  upon a plea of guilty, conviction or finding of guilt, and in conformity with the law of the State of Missouri,  enter an order suspending or revoking the driving privileges of any person determined to have committed one of the following offenses and who, at the time said offense was committed, was under twenty-one years of age:

  1. Any alcohol-related traffic offense in violation of municipal ordinance where the defendant was represented by or waived the right to an attorney in writing;
  2. Any offense in violation of municipal ordinance, where the defendant was represented    by or waived the right to an attorney in writing, involving the possession or use of  alcohol, committed while operating a motor vehicle;
  3.  Any offense in violation of a municipal ordinance, where the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol for a second time; except that a determination of guilt or its equivalent shall have been made for the first offense and both offenses shall have been committed by the person when the person was under eighteen years of age.

B. The court shall require the surrender to it of any license to operate a motor vehicle, temporary instruction permit, intermediate driver’s license or any other driving privilege then held by any person against whom a court has entered an order suspending or revoking driving privileges under subsection A of this section.

C. The court shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses, temporary instruction permits, intermediate driver’s licenses, or any other driving privilege acquired under the provisions of this section.

D. The period of suspension for a first offense under subsection 1 of this section shall be ninety days. Any second or subsequent offense under subsection 1 of this section shall result in revocation of the offender’s driving privileges for one year. The period of suspension for a first offense under subsection 2 of this section shall be thirty days. The period of suspension for a second offense under subsection 2 of this section shall be ninety days. Any third or subsequent offense under subsection 2 of this section shall result in revocation of the offender’s driving privileges for one year.

Section 24.   Penalties

 Except for Section 22 of this Ordinance which provides for its own penalties for its violation, the violation of any other section or provision of the Ordinance shall be punishable upon conviction by a fine of up to $500.00 or confinement of up to 90 days in jail, or both a fine and confinement.

Section 25.   Voter approval of license fees.

The license fees for the sale of alcoholic beverages within the City of Rich Hill, Missouri as set forth in Section 4 of this ordinance were submitted to and approved by voters of Rich Hill, Missouri on August 5, 1997  and shall not be amended without the approval of the voters of Rich Hill, Missouri.

Section 26.  Repeal of conflicting ordinances.

Ordinances 1077, 1105, 1108 1139 and 1276, as well as other ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

 Section 27.  Effect of partial invalidity.

The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.

Section  28.  Effective date.

Except as provided herein, this Ordinance shall take effect and shall be in full force from and after its passage and approval as provided by law.

READ TWO TIMES AND PASSED THIS 14TH DAY OF FEBRUARY 2017.

________________________________

Jennifer Perkey-Ewing

MAYOR

ATTEST:

_________________________________

Brittany Schenker

CITY CLERK

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

[i]

[i] For informational purposes this ordinance modifies Section 12, to limit the number of licenses to no more than one (1) such licenses shall be issued for each four hundred (400) persons or major fraction thereof in the current United States census as residents of the City.

For informational purposes, this Ordinance replaces the following:  Ordinance No. 1306, enacted March 11, 2008; Ordinance No. 1280, enacted March 13, 2007; Ordinance No. 1276, enacted November 14, 2006; Ordinance No.  1108, enacted July 11, 2000; Ordinance No. 1105, enacted June 13, 2000; Ordinance No. 1092, enacted May 11, 1999; Ordinance No.  1090, enacted January 26, 1999; Ordinance No. 1077, enacted May 13, 1997; Ordinance No.1031 enacted September 8, 1992; Ordinance No. 0979, enacted September 13, 1988; Ordinance No. 0949, enacted September 24, 1985.

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