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TITLE VI.  BUSINESS AND OCCUPATION

 

 

CHAPTER 600: ALCOHOLIC BEVERAGES

 

 

SECTION 600.010:    DEFINITIONS

 

When used in this Chapter, the following words shall have the following meanings:

 

AMUSEMENT PLACE:  Any establishment whose business building contains a square footage of at least six thousand (6,000) square feet, and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played or has a dance floor of at least twenty-five hundred (2,500) square feet or any outdoor golf course with a minimum of nine (9) holes, and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales.

 

BEER:  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 three and two-tenths percent (3.2%) by weight and not exceeding five and one-half percent (5.5%) by weight.

 

CLOSED PLACE:  A place where all doors are locked and where no patrons are in the place or about the premises.

 

COMMON EATING AND DRINKING AREA:  An area or areas within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor, where the costs of maintaining such area or areas are shared by the payment of common area maintenance charges, as provided in the respective leases permitting the use of such areas or otherwise, and where the annual gross income from the sale of prepared meals or food consumed in such common eating and drinking area is, or is projected to be, at least two hundred seventy-five thousand dollars ($275,000.00).

 

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, except for non-intoxicating beer as defined herein.  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 Chapter.

 

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 vegetables.

 

MALT LIQUOR:  An intoxicating liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and 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.

 


§ 600.010                                                          La Plata City Code                                                                    § 600.020

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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 or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer.  "Original Package" shall also be construed and held to refer to any package containing three (3) or more standard bottles 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 court.

 

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.

 

RESTAURANT BAR:  Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) 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 such premises.

 

SALE BY THE DRINK:  Sale of any intoxicating liquor except malt liquor, in the original package, in any quantity less than fifty (50) milliliters shall be deemed "sale by the drink" and may be made only by a holder of a retail liquor dealer's license and when so made, the container in every case shall be emptied and the contents thereof served as other intoxicating liquors sold by the drink are served.  (Ord. No. 04-896 §1, 2-11-05)

 

 

SECTION 600.020:    LICENSE REQUIREDCLASSES OF LICENSES

 

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A.       No person shall sell or offer for sale intoxicating liquor or non-intoxicating beer in the City of La Plata 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.

 

B.        General Licenses.  Any person possessing the qualifications and meeting the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer:

 

B.1.    Package liquormalt liquor only:  Sales of malt liquor  at retail in the original package not for consumption on the premises where sold.

 

B.2.    Package liquorbeer:  Sales of beer at retail in the original package not for consumption on the premises where sold.


§ 600.020                                                          Alcoholic Beverages                                                                  § 600.020

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B.3.    Package liquorall 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 Subsections (B)(1) and (2) of this Section.

 

B.4.    Liquor by the drinkmalt liquor/light wine 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 (5) of this Section.

 

B.5.    Liquor by the drinkbeer:  Sales of beer at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsection (B)(2) of this Section.

 

B.6.    Liquor by the drinkall kinds:  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)(3) of this Section.

 

B.7.    Common eating and drinking areas:  Sales of intoxicating liquor of all kinds by the drink at

retail not for consumption on the premises where sold but for consumption in a common eating or drinking area. 

 

C.        Sunday Sales.  Any person who is licensed under the provisions of this Chapter or who otherwise possesses the qualifications and meets the requirements of this Chapter may apply for the following licenses to sell intoxicating liquor or non-intoxicating beer on Sundays between the hours of 9:00 A.M. and Midnight:

 

C.1.    Package liquorall kinds:  Sales of liquor of all kinds in the original package at retail, not for consumption on the premises where sold. 

 

C.2.    Liquor by the drinkrestaurant bar:  Sales of liquor of all kinds by the drink at retail for consumption on the premises of any restaurant bar.

 

C.3.    Liquor by the drinkamusement place:  Sales of liquor of all kinds by the drink at retail for consumption on the premises of any amusement place.