Section 105-099; Ord. 18006; Amending Chapter 4 of the City Code relating to alcoholic beverages


Ordinance No.            18006                             Council Bill No. B 35-04            


AN ORDINANCE

amending Chapter 4 of the City Code relating to alcoholic beverages; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 4-2. License--Required; term; renewal.

     (a)    It is hereby declared shall be unlawful for any person, either by himself personally or through the use of agents or servants employees, to engage in the manufacture, brewing, sale or distribution of intoxicating liquors or nonintoxicating beer, as defined in this chapter, within the city, without first having obtained a license therefor in compliance with the terms of this chapter the appropriate license issued under this chapter. Such lLicenses shall be issued for a period of one year from the thirtieth (30th) day of June each year. Persons desiring to secure licenses after the thirtieth (30th) day of June shall pay for such portion of the license year remaining at the time such license is issued. Thereafter, all renewals of licenses shall be made on the thirtieth (30th) day of June each year.

     (b)    If the business services administrator determines that there is good reason not to issue a license for the full period of time ending on June 30, the business services administrator may issue a license for a shorter period of time. Persons licensed under this subsection shall pay only a prorated license fee.

Sec. 4-3. Same--Qualifications of applicant, premises.

    (a)     No person individual shall be granted a license under the provisions of this chapter unless such person the individual is of good moral character, or, in the case of a corporation or limited liability company, whose managing officer or manager in charge of the business to be licensed is of good moral character; nor shall a.  In determining whether an individual is of good moral character, the individual’s reputation in the community and criminal history may be considered.

     (b)    No license shall be granted or retained if such person to any individual or managing officer who has ever had a permit or license revoked under the liquor laws of any state, or who has been convicted of any violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer, or who employs in his the licensed business any person whose permit or license has been revoked under the liquor laws of any state, or who has been convicted of violating any provisions of any law applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer.

     (c)    In addition, nNo person shall be granted a license to sell intoxicating liquor or nonintoxicating beer unless such the person is a taxpaying citizen of the state.

     (b)     No license shall be granted or retained under the provisions of this chapter for the sale of intoxicating liquor or nonintoxicating beer at retail by the drink for consumption on the premises if:

     (1)    The premises includes a building occupied or used for immoral or unlawful purposes.

     (2)    The premises or room or portion of a building is connected by an entrance or exit or other means of communication with any room or place used for an immoral or unlawful purpose.

     (3)    The place where intoxicating liquor or nonintoxicating beer is sold at retail by the drink for consumption on the premises:

          a.    Has any gambling device on the premises;

     b.    Has any tables concealed or enclosed in private rooms or by partition or rooms.

     (4)    In the case of the sale of intoxicating liquor at retail by the drink for consumption on the premises, the place where such intoxicating liquor is sold, is in any drugstore, cigar and tobacco store, grocery store or confectionary or delicatessen store.

     (c)     No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed on 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 drugstore, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionary or a 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 ($1,000.00), exclusive of fixtures and intoxicating liquors.

    (d)     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 so long as any such employee does not directly participate in retail sales of intoxicating liquor. Each employer shall report the identity of any employee convicted of a felony to the business license services administrator.

    (e)     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 when serving in the capacity as an employee of a licensed establishment.

Sec. 4-4. Same--Premises.

     (a)     No license shall be granted or retained under this chapter for the sale of intoxicating liquor or nonintoxicating beer at retail by the drink for consumption on the premises if the premises includes a building occupied or used for unlawful purposes or the premises are connected by an entrance or exit or other means of communication with any place used for unlawful purposes.

     (b)     No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed on 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 drugstore, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionary or a 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 ($1,000.00), exclusive of fixtures and intoxicating liquors.

Sec. 4-5. Same--Application.

     (a)    Any person desiring a license under this chapter shall apply to the business services administrator in writing and under oath. The application shall state:

     (1)    The name, residence and birth place of the applicant. If the applicant is a naturalized citizen, the application shall state the place and time of naturalization.

     (2)    If the application is made on behalf of a partnership, the names and addresses of all partners or any person who has a financial interest in the partnership.

     (3)    If the application is on behalf of a corporation, the date of incorporation, the state in which incorporated, the amount of paid in capital, the amount of authorized capital, the names and addresses of the officers and directors and stockholders who hold ten (10) per cent or more of the capital stock, including the number of shares held by each, the name and address of the managing officer or employee who is to be, in fact, actively engaged in the actual control and management of the establishment for which the license is sought.

     (4)    If the application is made on behalf of a limited liability company, the date of formation, the state in which formed, the names and addresses of the members and managers and the name and address of the managing officer or employee who is to be, in fact, actively engaged in the actual control and management of the establishment for which the license is sought.

     (5)    The length of time the applicant has resided in the state, and the residence addresses of the applicant for the preceding five (5) years.

     (6)    That the applicant, if an individual, is the person who will be actively engaged in the actual control and management of the establishment for which the license is sought. If the application is on behalf of a corporation, that the applicant is an officer or director of the corporation.  If the application is on behalf of a limited liability company, that the applicant is a member or manager of the company.

     (7)    The name and business address of applicant's employers for the five (5) years immediately prior to the application.

      (8)    Whether or not the applicant has been convicted of a felony.

      (9)    The location, place or premises for which a license is sought.

      (10)    The zoning district in which the proposed location is located.

      (11)    The class of license for which the application is made.

     (12)    Whether or not the applicant has had a license for the sale of intoxicating liquor or nonintoxicating beer suspended or revoked, or has been convicted of the violation of any state law or city ordinance applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer, or whether the applicant employs, or will employ in the business, any person not of good moral character, or whose license has been revoked or suspended, or who has been convicted of violating the provisions of any state law or city ordinance applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer.

     (13)    Any further reasonable information required by the business services administrator.

     (b)    The application for a license shall be accompanied by a criminal record check of the applicant conducted by the Missouri State Highway Patrol.  If the application is on behalf of a partnership, a criminal record check must be provided for each partner.  If the application is on behalf of a corporation or limited liability company, a criminal record check must be provided for the officer, member or manager who will be in charge of the establishment for which the license is sought.

     (c)    The application shall be accompanied by the appropriate license fee.

     (d)    Applications for license renewals should be submitted to the business services administrator no later than May 1.  The business services administrator may allow a renewal applicant to continue the manufacture, brewing, sale or distribution of intoxicating liquor or nonintoxicating beer with a temporary license if the renewal application has been submitted to the business services administrator but has not been processed.

Sec. 4-46. Same--Investigation of application.

    The business license services administrator, upon receipt of an application, shall forward the same to the city manager, who shall cause an immediate investigation to be made of the statements contained therein in the application, the character of the applicant, and the location and condition of the premises or place, and the conditions surrounding the same to be licensed.  Copies of all applications shall be forwarded to the police department for review and comment. On each new application for a an original license, the fire department, the public works department and the health department, through their duly authorized agents or employees, shall make an immediate investigateion of the safety and sanitation of the premises of the applicant, and the equipment and furnishings contained in the applicant's premises,.  The departments and shall report the findings of such the investigations to the city manager business services administrator. After the original license has been issued, the city manager business services administrator may, at any reasonable time, order a new investigation of have the premises of the licensee investigated.


Sec. 4-57. Same--Approval of applications.

     Upon completion of the investigation of an application for a license to sell intoxicating liquor or nonintoxicating beer, if the city manager shall find that If the applicant meets all of the requirements and qualifications of this chapter and, in the case of a renewal, the business has been conducted in accordance with the requirements of this chapter, he the business services administrator shall approve such application and forward the same to the business license administrator grant the license.

Sec. 4- 68. Same--Denial of application; appeal.

     If an application for a license under this chapter is denied by the city manager, the applicant may request, in writing, a review of such denial by the city council, such request to be made by the applicant within ten (10) days after the application for license has been denied by the city manager. Upon the written request for review, made within the time specified, the city council shall, within thirty (30) days after the receipt of such request, investigate and examine the applicant, his qualifications, the proposed place of business and the facts and circumstances surrounding such application and the denial thereof; and the city council may set aside the denial of such application by the city manager if a majority of its members determines that the application should be granted; and the city council may order the business license administrator to issue the license applied for. In the event that the city manager does not approve or disapprove such application within thirty (30) days from the date such application is filed, then it shall be assumed that the application is denied, and the applicant may perfect his appeal to the city council as herein provided.

     (a)    Denial.  When a license under this chapter is denied, the business services administrator shall send a letter to the applicant stating why the license was denied and how to appeal the denial.  This letter shall be hand delivered or sent by first class mail.  A mailed letter shall be presumed received three (3) days after it was mailed.

    (b)    Appeal by applicant.  The applicant may appeal the denial to the liquor license review board by mailing or delivering a written notice of appeal to the director of finance and a copy to the business services administrator.  The notice of appeal must be received by the director no later than ten (10) days after the applicant received the letter of denial.  The applicant may submit to the director of finance a position statement explaining why applicant believes the license should be granted.  The business services administrator may also submit to the director a position statement explaining why the administrator believes the denial should be upheld.

     (c)    Right to continue operation.  If an application for renewal of a license is denied, an applicant who has filed an appeal under this section shall be allowed to continue operating as though the license were renewed until the liquor license review board has rendered a decision.  If the board affirms the denial of the license, the applicant shall be allowed to continue operating as though the license were renewed until ten (10) days after receiving the letter of denial.  If an appeal is taken to Circuit Court, the Court may allow the applicant to continue operation as though the license were renewed.

     (d)    Appeal by neighbor.  Any person residing, owning property or maintaining a place of business within 600 feet of property upon which a licensed establishment is located may send a letter to the business services administrator objecting to the renewal of a liquor license.  The letter shall state the grounds for the objection.  After renewing or denying the license, the business services administrator shall promptly notify the objecting neighbor, by first class mail, of the action taken on the application.  The notice shall be presumed received three (3) days after it was mailed.  If the license is renewed, the objecting neighbor may appeal the renewal to the liquor license review board by mailing or delivering a written notice of appeal to the director of finance and mailing or delivering copies to the business services administrator and to the licensee.  The notice of appeal must be received by the director no later than ten (10) days after the objecting neighbor received the notice that the license was renewed.  The objecting neighbor may submit to the director of finance a position statement explaining why the objecting neighbor believes the license should not be renewed.  The licensee and the business services administrator may also submit position statements to the director.

Sec. 4-9. Same--Suspension or revocation Liquor license review board.

     (a)     Scope of authority. Whenever it shall be shown that a licensee under this chapter has not at all times kept an orderly place or house, or has violated any of the provisions of this chapter, the city council may suspend or revoke the license of such licensee after hearing, as provided in paragraph (b) of this section.

     (b)     Hearing required. The city council, after not less than ten (10) days' notice of the licensee, shall hold a hearing to ascertain all of the facts relating to the proposed suspension or revocation of the license. The licensee shall have full right to be represented by counsel at such hearing and may produce witnesses and evidence in his behalf at such hearing.

     (c)     Notice of hearing, contents, service. Notice of a hearing relative to revocation or suspension of license shall set out the grounds for such suspension or revocation and shall command the licensee to be present at the regular meeting or called meeting of the city council and show cause, if any, why such license should not be suspended or revoked. A police officer shall serve such notice of hearing by leaving a copy thereof with the licensee or any person or employee in charge of the place of business of such licensee. Upon suspension or revocation of any license, no license fee paid shall be refunded to the licensee.

    A three member liquor license review board is hereby established consisting of the director of finance, another city employee appointed by the city manager and a member appointed by the city council to serve a three-year term.  The city manager’s appointee shall be either a department head or an assistant city manager and shall serve at the pleasure of the city manager.  The chief of police and the fire chief shall not be eligible to serve on the board.

Sec. 4-10. Liquor license review board--review of license denial.  

     (a)    The director of finance, after receiving an appeal from a license denial, shall schedule a meeting of the liquor license review board.  Before the meeting, the board members shall be provided with copies of the letter of denial, the notice of appeal and any documentation and position statements provided by the business services administrator and the applicant pertaining to the license denial.  The board may allow the business services administrator and the applicant or the applicant’s representative to explain their positions to the board at the meeting.  The board may either affirm the denial of the license or direct the business services administrator to grant the license.  The license, in the board’s discretion, may be for less than the full period of time ending on June 30.  In that case, the licensee shall pay only a prorated license fee. If the board affirms the denial, it shall set forth the grounds for denial in a letter to the applicant.  The letter shall be hand delivered or sent by first class mail.  A mailed letter shall be presumed received three (3) days after it was mailed.

     (b)    The director of finance, after receiving an appeal from the renewal of a license, shall schedule a meeting of the liquor license review board.  Before the meeting, the board members shall be provided with copies of the letter of objection, the notice of appeal and any documentation and position statements provided by the objecting neighbor, the business services administrator and the licensee.  The board may allow the objecting neighbor, the business services administrator and the licensee or the licensee’s representative to explain their positions to the board at the meeting.  The board may either affirm the renewal of the license or deny the license.  The license, in the board’s discretion, may be for less than the full period of time ending on June 30.  In that case, the licensee shall pay only a prorated license fee.  The board shall set forth the grounds for its decision in a letter to the objecting neighbor and the licensee.  The letter shall be hand delivered or sent by first class mail.  A mailed letter shall be presumed received three (3) days after it was mailed.

Sec. 4-11.  Judicial review of license denial.

     A decision of the liquor license review board may be appealed by the applicant or by an objecting neighbor by filing a petition for a writ of certiorari with the Circuit Court of Boone County within thirty (30) days of receiving the letter from the liquor license review board renewing or denying the license.  The petition shall set forth with particularity the grounds for review.  The court may allow a writ of certiorari directed to the liquor license review board to review the record and decision of the board.  The writ shall prescribe the time within which a return must be made and served upon the relator’s attorney, which shall be at least ten (10) days from issuance of the writ and may be extended by the court.

Sec. 4-712. Same License--Issuance generally; contents.

    On approval of the application for a license under this chapter by the city manager, or upon the order of the city council granting the license as herein provided, and upon payment of the license fee provided, the business license services administrator shall issue the applicant a license to conduct business at the location specified in the application for the period set forth in section 4-2 of this chapter. Every license issued under the provisions of this chapter shall set forth the type of license granted and shall particularly describe the premises at which intoxicating liquor or nonintoxicating beer may be sold thereunder and such the license shall not be deemed to authorize or permit the sale of intoxicating liquor or nonintoxicating beer at any other place other than that described therein.

Sec. 4-13.  Standards of conducting business on licensed premises.

     The standards set forth in this section shall be considered in determining whether a license under this chapter should be renewed, suspended or revoked.  In conducting business on the licensed premises, a licensee and the licensee’s agents and employees shall:

     (1)    Prevent or suppress any violent quarrel, disorder, brawl, fight or other unlawful conduct of any person on the premises.  As used in this section, “premises” includes the licensed premises and the parking lots and areas around the business which are owned, used or maintained as part of the business.

     (2)    Immediately report to the police any illegal or violent act committed on the premises when the licensee or the licensee’s employee knew or should have known that the act occurred on the premises.

     (3)    Cooperate fully with law enforcement authorities during an investigation of an illegal or violent act committed on the premises.

     (4)    Operate the business in such a manner that it does not constitute a nuisance.

     (5)    Take appropriate and necessary steps to supervise the outdoor area of the premises including keeping the area free from litter and preventing the parking area from becoming a gathering place for customers of the business.

     (6)    Comply with all provisions of this chapter and this code.

     (7)    Comply with all state and federal law including all rules and regulations pertaining to the sale and licensing of intoxicating liquor and nonintoxicating beer.

Sec. 4-14.  Suspension or revocation of license.

     (a)    Suspension or revocation.  The business services administrator may suspend or revoke the license of any licensee under this chapter who has failed to meet the standards of conducting business set forth in this chapter or who has made any false, misleading or fraudulent statement in the license application.

     (b)    Notice of suspension or revocation.  The business services administrator shall suspend or revoke a license issued under this chapter by sending notice of the suspension or revocation to the licensee by first class mail or by personal service on the licensee or the person in charge at the licensed premises.  Mailed notice shall be presumed received three (3) days after it is mailed. The notice shall contain:

     (1)    A statement of the grounds for the suspension or revocation.

     (2)    The effective date of the suspension or revocation, which shall be at least ten (10) days after the notice is received.

     (3)    In the case of a suspension, the length of the suspension.

     (4)    Instructions on how to appeal the suspension or revocation.

     (c)    Appeal to liquor license review board.  The licensee may appeal the suspension or revocation by requesting a hearing before the liquor license review board.  The appeal must be in writing, addressed to the director of finance and received by the director of finance within ten (10) days after the notice of suspension or revocation was received.  Receipt of an appeal by the director of finance shall automatically stay enforcement of the suspension or revocation.

     (d)    Notice of hearing.  After receipt of an appeal, the director of finance shall schedule a hearing before the liquor license review board.  At least ten (10) days written notice of the hearing shall be given to the licensee.  Notice shall be given in the same manner as the notices of suspension or revocation.

     (e)    Hearing and decision.  The liquor license review board shall conduct the hearing and enter a decision in accordance with the requirements of Chapter 536, RSMo for contested cases.

     (f)    Appeal.  The licensee may appeal an adverse decision of the liquor license review board to the Circuit Court of Boone County in accordance with Chapter 536, RSMo.

Sec. 4-815. Same--Changing location of establishment; license transfer; license required for each place of business.

    (a)     No licensee under the provisions of this chapter shall be permitted to move the location of his the licensed establishment as pertains to intoxicating liquor or nonintoxicating beer without the express approval of the city manager business services administrator.

    (b)     No license issued under the authority of this chapter shall be transferred from one person to another, nor shall such license be used at any place except on the premises for which such license is issued, and the proper license shall be procured for each place of business for which a state license is required.

Sec. 4-1016. Selling to drunkards and minors.

    No person shall sell or supply intoxicating liquor or nonintoxicating beer, or permit same to be sold or supplied, or permit another to sell or supply any alcoholic beverage to a habitual drunkard or to any person who is under or apparently under the influence of alcohol. Intoxicating liquor or nonintoxicating beer shall not be given, sold or otherwise supplied No person shall give, sell or otherwise supply any alcoholic beverage to any person under the age of twenty-one (21) years, except that this shall not apply to the supplying of intoxicating liquor or nonintoxicating beer any alcoholic beverage to a person under such age for medicinal purposes only, or by the parent or guardian of such person, or to the administering of intoxicating liquor or nonintoxicating beer any alcoholic beverage to such person by a physician.

Sec. 4-1117. Consumption by minors.

     (a)    The drinking or consumption of intoxicating liquor or nonintoxicating beer shall not be permitted in, upon or about any licensed premises by any person under twenty-one (21) years of age.

     (b)    In any prosecution or licensing action involving this section, it shall be an affirmative defense that the licensee was in full compliance with the identification provisions of section 311.328.1 RSMo. and that the licensee was acting in good faith.

Sec. 4-1218. Sales, handling by minors.

    (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 nonintoxicating beer.

    (b)     In any place of business licensed in accordance with state statute, where at least fifty (50) per cent of the gross sales made consists of goods, merchandise or commodities other than intoxicating liquor or nonintoxicating 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 nonintoxicating beer. Delivery of intoxicating liquor or nonintoxicating beer 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 (50) per cent of the licensee's gross sales does not consist of nonalcoholic sales, have an employee twenty-one (21) years of age or older on the licensed premises during all hours of operation.

    (c)     In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor or nonintoxicating beer but which does not sell intoxicating liquor or nonintoxicating 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 nonintoxicating beer for all purposes except consumption, sale at 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 nonintoxicating beer in places of business which sell food for consumption on the premises if at least fifty (50) per cent 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 nonintoxicating beer.

Sec. 4-1319. Misrepresentation of age by minors.

    No person under the age of twenty-one (21) years shall represent that he has attained the age of twenty-one (21) years for the purpose of purchasing, asking for, or in any way receiving, any intoxicating liquor or nonintoxicating beer.

Sec. 4-1420. Purchase or possession by minors.

    Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his possession possesses any intoxicating liquor or nonintoxicating beer, as defined in this chapter, is guilty of a misdemeanor.

Sec. 4-1621. Presumption.

    In prosecutions under this chapter, there is a rebuttable presumption that a container marked or labeled as containing an alcoholic beverage actually contains the described alcoholic beverage. This rebuttable presumption applies to both open and sealed containers. This rebuttable presumption applies only in cases where a sample of the contents of the container has been preserved and is available to the defendant for testing.

Sec. 4-1522. Penalty.

    (a)     Any person violating any of the provisions of this chapter where no penalty is otherwise provided, shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall be punished by a fine of not less than seventy-five dollars ($75.00) nor more than one thousand dollars ($1,000.00). Upon final conviction of any person for a violation of any of the provisions of this chapter, such conviction shall automatically operate to revoke the license issued under this chapter to such person.

     (b)     No person having been convicted of a violation of any of the provisions of this chapter shall be issued a license or a renewal thereof for a period of one year from the date of such conviction. Upon conviction of any person under the provisions of this chapter, it shall be the duty of the judge of the municipal court to certify such conviction to the city manager.     

Secs. 4- 1723--4-25. Reserved.

ARTICLE II. INTOXICATING LIQUOR

  DIVISION 1. GENERALLY

Sec. 4-26. Gambling devices prohibited.

    The operation or possession of any unlawful 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, shall be grounds for suspension or revocation of the license required by this article, and no licensee shall permit any gambling device to be set up or used in or about such premises.

. . .

Secs. 4-36--4-456. Reserved.

 DIVISION 2. LICENSES AND PERMITS*

Sec. 4-46. License application; form; contents.

     Any person desiring to secure a license under the terms of this article shall make application therefor to the business license administrator in writing and under oath, which application shall be delivered to the city manager. Such application shall state:

     (1)    The name, residence and birth place of the applicant. If the applicant is a naturalized citizen, the place and time of naturalization.

     (2)    If the application is made on behalf of a partnership, the names and addresses of all partners or any person who has a financial interest in such partnership.

     (3)    If the application is on behalf of a corporation, the date of incorporation, state in which incorporated, amount of paid in capital, amount of authorized capital, names and addresses of the officers and directors and stockholders who hold ten (10) per cent or more of the capital stock, including the number of shares held by each, the name and address of the managing officer or employee who is to be, in fact, actively engaged in the actual control and management of the particular establishment for which the license is sought.

     (4)    The length of time the applicant has resided in the city, and the residence addresses of the applicant for the preceding five (5) years.

     (5)    That the applicant, if an individual, is the person who is to be, in fact, actively engaged in the actual control and management of the establishment for which the license is sought. If the application is on behalf of a corporation, that the applicant is an officer or director of the corporation.

     (6)    The name and business address of applicant's employers for a period of five (5) years prior to the application.

     (7)    Whether or not the applicant has been convicted of a felony.

     (8)    The location, place or premises for which a license is sought.
     (9)    The zoning district in which the proposed business is located.

     (10)    The class of license for which the application is made.

     (11)    Whether or not the applicant has had a license for the sale of intoxicating liquor suspended or revoked, or has been convicted of the violation of any of the provisions of state law or city ordinances applicable to the manufacture or sale of intoxicating liquor, or whether he employs, or will employ, in his business, any person not of good moral character, or whose license has been revoked or suspended, or who has been convicted of violating the provisions of any such law, aforesaid.

     (12)    Any further reasonable information required by the city manager.

Sec. 4-47. Number of licenses required; fees.

    A separate license shall be required for each place of business, and the following license fees shall be paid annually:

(1)    Three hundred fifty dollars ($350.00)--Manufacturers of intoxicating malt liquor containing not more than five (5) per cent of alcohol by weight. Such license shall entitle the manufacturer to distribute such malt liquor as a wholesaler, but shall not include the right to sell at retail.

. . .

Sec. 4-49. Temporary location for liquor by drink, permit and fee required; other ordinances applicable.

    (a)     The business license services administrator 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,.  The permit shall be in effective for a period not to exceed one hundred twenty (120) consecutive hours,.  The permit which shall authorize the service of serving 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 in the city. For every permit issued pursuant to the provisions of under this section, the permittee shall pay the sum of fifteen dollars ($15.00) for each calendar day, or fraction thereof, for which the permit is issued.

    (b)     The business license services administrator may issue a temporary permit as provided above in (a) for the operation of railroad excursions or dinner train operations, provided that no caterer or other person holding a license to sell intoxicating liquor shall be issued more than six (6) such temporary permits in any year. The business license services administrator may issue a temporary permit to any railroad excursion operator who has a state liquor license for railroad or railroad car companies and whose regular place of business is outside of the county without requiring the operator to obtain a city liquor-by-the-drink license.

    (c)     All provisions of the ordinances, rules and regulations of the city 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 section will not include the sale of packaged goods covered by this temporary permit.

    (d)     Notwithstanding any other provision of this chapter, any caterer who possesses a valid state liquor license and a valid liquor license issued by any city or county may deliver alcoholic beverages in the city, in the course of his the catering business.

 DIVISION 2. LICENSES*

Sec. 4-81. Number required; fees.

    It shall be unlawful for any person to manufacture, sell or expose for sale, either at wholesale or retail in the city, nonintoxicating beer in any quantity without first having obtained a license therefor. A separate license shall be required for each place of business, and the following license fees shall be paid annually:

    (1)    Two hundred fifty dollars ($250.00)--Manufacture and sale by manufacturer of nonintoxicating beer, brewed or manufactured in this city.

. . .

Sec. 4-82. Application; form; contents Manufacture of nonintoxicating beer or intoxicating liquor - limitations on aggregate amount.

     Any person desiring to secure a license under the terms of this article shall make application therefor to the business license administrator in writing and under oath, which application shall be delivered to the city manager. Such application shall state:

     (1)    The name, residence and birth place of the applicant. If the applicant is a naturalized citizen, state the place and time of naturalization.

     (2)    If the application is made on behalf of a partnership, the names and addresses of all partners or any person who has a financial interest in such partnership.

     (3)    If the application is on behalf of a corporation, the date of incorporation, the state in which incorporated, the amount of paid in capital, the amount of authorized capital, the names and addresses of the officers and directors and stockholders who hold ten (10) per cent or more of the capital stock, including the number of shares held by each, the name and address of the managing officer or employee who is to be, in fact, actively engaged in the actual control and management of the particular establishment for which the license is sought.

     (4)    The length of time the applicant has resided in the city, and the residence addresses of the applicant for the preceding five (5) years.

     (5)    That the applicant, if an individual, is the person who is to be, in fact, actively engaged in the actual control and management of the establishment for which the license is sought. If the application is on behalf of a corporation, that the applicant is an officer or director of the corporation.

     (6)    The name and business address of applicant's employers for a period of five (5) years prior to the application.

     (7)    Whether or not the applicant has been convicted of a felony.

     (8)    The location, place or premises for which a license is sought.

     (9)    The zoning district in which the proposed location is located.

     (10)    The class of license for which the application is made.

     (11)    Whether or not the applicant has had a license for the sale of nonintoxicating beer suspended or revoked, or has been convicted of the violation of any of the provisions of state law or city ordinances applicable to the manufacture or sale of nonintoxicating beer, or whether he employs, or will employ in his business, any person not of good moral character, or whose license has been revoked or suspended, or who has been convicted of violating the provisions of any such law, aforesaid.

     (12)    Any further reasonable information required by the city manager.

     No person at least twenty-one (21) years of age shall be required to obtain a license to manufacture nonintoxicating beer or intoxicating liquor for personal or family use.  The aggregate amount of nonintoxicating beer or intoxicating liquor manufactured per household shall not exceed two hundred gallons per calendar year if there are two or more persons over the age of twenty-one (21) years in such household, or one hundred gallons per calendar year if there is only one person over the age of twenty-one (21) years in such household.

Secs. 4-83--4-95. Reserved.

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.


    PASSED this 1st day of March, 2004.