City of pleasant hope missouri municipal code

Chapter 160 – Business Regulations of the City

Section 160.100: Liquor/Beer Licenses and Regulations (Ordinance 26 10/4/1971)

Section 160.101: Definitions

Whenever in this Chapter the following terms are used, they shall have the meaning respectively ascribed to them in this Section.
Intoxicating Liquor - 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 three and two-tenths percent (3.2) of alcohol by weight.
Non-intoxicating Beer - 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 alcohol content of more than one-half of one percent by volume, and not exceeding three and two-tenths (3.2) percent by weight.

Section 160.102: License Required (Ordinance 264 5/16/2011)

It shall be unlawful for any person, firm, partnership or corporation to sell or expose for sale either at wholesale or retail in the City of Pleasant Hope, Missouri intoxicating liquor as herein defined in any quantity without first having obtained a license from the City therefor.

Section 160.103: License

The license required under this Ordinance shall be as follows:

1. 
   For the sale of intoxicating liquor by wholesale in excess of 5% of alcohol by weight,
   

the sum of $300.00.

2. 
   For the sale of intoxicating liquor not in excess of 5% alcohol by weight by wholesale,
   

the sum of $150.00

3. 
   For the sale of intoxicating liquor in excess of 5% alcohol by weight by retail in the
   

original package the sum of $75.00.

4. 
   For the sale of intoxicating liquor not in excess of 5% of alcohol by weight at retail the
   

sum of $37.50.

Section 160.104: License Not Transferable

No license under this Chapter shall be transferable or assignable.

Section 160.105: Duration of License

Each license in compliance with this Ordinance shall be for one year from date of issuance unless revoked for cause as herein provided.

Section 160.106: Restrictions as to Time of Sales

No licensee under this Ordinance 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 on the first day of the week commonly called Sunday, or upon the day or any primary or general election in this State or upon any county, city, township, school or municipal election day.

Section 160.107: Hours of Sale

No person having a license under the provision of this Chapter shall sell, give away or otherwise dispose of or suffer the same to be done on or about his premises any intoxicating liquor in any quantity between the hours of twelve o'clock midnight and six o'clock in the morning.

Section 160.108: Restriction as to Place of Sale

No person, agent, or employee, shall sell intoxicating liquors in any other place than that designated in the license or, during any other term or otherwise than is authorized in this Chapter, provided that nothing in this Chapter shall be so construed as to authorize the sale of intoxicating liquor in the original package or at retail by the drink for consumption on the premises where sold in a place commonly known as a saloon; provided further, that no license shall be issued for the sale of intoxicating liquor at retail by the drink for consumption upon the premises where sold in a place commonly known as a saloon, nor in any building or room not well lighted, nor where there are blinds, booths, screens, swinging doors, curtains or any other thing in such building or room that will obstruct or obscure the interior of such room from public view.

Section 160.109: Prohibition Concerning Minors and Drunkards

No licensee or his employee shall sell or supply any intoxicating liquor or permit the same to be sold or supplied to a habitual drunkard or any person who is under or apparently under the influence of intoxicating liquor. Intoxicating liquor shall not be sold or otherwise supplied to any person under the age of 21 years. No person under the age of 21 years shall assist, sell or dispose of intoxicating liquors.

Section 160.110: Application for License

All applications for licenses under the provisions of this Chapter shall be made in writing to the Board of Aldermen and all applications, except for the sale of malt liquors not in excess of 5% of alcohol by weight, shall be accompanied by an inventory and appraisement of the valuation of the stock of goods at the proposed place of business in said application other than intoxicating liquor, which inventory and appraisement as aforesaid shall be the value according to the inventory at the time of making application for said license.

Section 160.111: Granting Of License

On approval of the application by the Board of Aldermen and payment of the license taxes herein provided for, the City Clerk shall grant applicant a license to conduct business in the City of Pleasant Hope, Missouri for one year from the date of the issuance of said license. A separate license issued under the provisions of this Chapter shall be required for each separate place of business. Every license issued under the premises at which intoxicating liquor can be sold hereunder, and the particular kind of intoxicating liquor to be sold there under, and such license shall not be deemed to authorize or permit the sale of different kinds of intoxicating liquor at that or any other place other than that described therein.

Section 160.112: Regulation of Sale of Intoxicating Liquor in Original Package

Original packages of intoxicating liquor shall be sold at retail in the original package of not less than one-half pint only upon a license granted by the Board of Aldermen and said intoxicating liquor shall not be consumed upon the premises of the vendor, except as otherwise provided in this Chapter; provided further, that no intoxicating liquor purchased in the original package shall be consumed or permitted to be consumed upon any premises where intoxicating liquor is authorized legally to be sold.

Section 160.113: Regulation as to Issuance of License

That not license shall be issued for the sale of intoxicating liquor in the original package except to a person engaged in, and to be used in connection with the operation of one or more of the following businesses: a general merchandise store, a drug store, a cigar store and tobacco store, a grocery 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 at the time of making the application for a license, and all times thereafter, of at least Fifteen Hundred ($1,500.00), exclusive of fixtures and intoxicating liquor.

Section 160.114: Regulations as To Sale of Malt Liquor

Malt 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, may be sold by the drink at retail for consumption on the premises where sold, when the person, partnership or corporation desiring to sell malt liquor by the drink at retail for consumption on the premises where sold shall have been licensed to do so by the City of Pleasant Hope, Missouri, and under the provisions of this Chapter. Provided that and under provisions of this Chapter, a licensee authorized to sell malt liquor at retail by the drink for consumption on the premises where sold shall not be permitted to obtain a license for the sale of intoxicating liquor, other than malt liquors, in original packages, and provided further that it shall be unlawful for any person to sell malt liquor containing 3.2 percent of alcohol by weight or less where malt liquor in excess of 3.2 percent of alcohol by weight or other intoxicating liquors are sold. Provided further that it shall be unlawful for any person to sell malt liquor which contains in excess of 3.2 percent of alcohol by weight to sell other intoxicating liquor or malt liquor containing not in excess of 3.2 percent of alcohol by weight; provided further that it shall be unlawful for nay person to sell any malt liquor where intoxicating liquor other than malt liquor is sold.

Section 160.115: Malt Liquor Defined

The term "malt liquor" as used in this Chapter, shall mean that liquor manufactured from pure hops or wholesome grain or cereal and wholesome yeast and pure water, and commonly called and known as beer.

Section 160.116: License Qualifications of Applicant

No person shall be granted a license under this Chapter unless such person is of good moral character and a native born or naturalized citizen of the United States of America, and a qualified legal voter and tax paying citizen of the City of Pleasant Hope, Polk County, Missouri, and no person shall be granted a license or permit hereunder whose license as such dealer has been revoked, or who has been convicted since the ratification of the Twenty First Amendment of the Constitution of the United States of the violation of any law applicable to the sale or manufacture of intoxicating liquor, or who employs or has employed anyone in his business as such dealer any person whose license has been revoked or who has been convicted of violating the provisions of any such law since the date aforesaid.

Section 160.117: Revocation of License

The Board of Aldermen of the City of Pleasant Hope, Missouri, may on hearing revoke any license issued under the provisions of this Chapter, if the licensee has not at all times kept an orderly place or if he has violated the provisions of this Chapter, or for any other good cause shown, first having been given not less than ten (10) day notice in writing of the application to revoke his license prior to the order of revocation being issued, which notice shall contain the ground or grounds for such revocation set out herein and which notice shall command said licensee to be present at the regular or called meeting of the Board of Aldermen and show cause, if any, why such license should not be revoked. Provided that said licensee shall have full right to be represented by counsel at said hearing and present witnesses and evidence in his behalf at such hearing, and provided further that such notice of revocation hearing shall be served by the Chief of Police, and may be served upon the licensee by leaving a copy thereof with the licensee or any person or employee in charge of the place of business of said licensee.

Section 160.118: Financial Interests of Wholesalers, Distillers, Brewers, or Their Employers, Officers or Agents

Wholesalers, distillers, winemakers, brewers, or their employees, officers or agents shall not under any circumstances, either directly or indirectly have any financial interests in the retail business for the sale of intoxicating liquors, and shall not directly or indirectly furnish, loan, or give away any equipment, money, credit or property of any kind, except ordinary commercial credit for liquors sold to such retail dealers, and proof of the violation hereof shall forfeit the license of such wholesaler and retailer

Section 160.119: Limitations of Licensed Place

No license shall be issued to any person, firm or corporation for the sale of intoxicating liquor in the original package or malt liquor at retail by the drink for consumption on the premises where sold in any building or room located within 300 feet of any church building, school building, or hospital in the City of Pleasant Hope, Missouri.

Section 160.120: Rental for Unlawful Sale

It shall be unlawful for any person, firm association, corporation of partnership to own, operate, lease, occupy or control any building, car shed, room, basement, structure, tent, or booth knowingly permitting intoxicating liquor to be unlawfully manufactured, sold, stored, kept or consumed therein or thereon.

Section 160.121: Person Defined

The term person as used in this Chapter shall mean and include any individual, firm, association, stock company, syndicate, partnership, or corporation.

Section 160.122: Conviction Duty of Municipal Judge

Upon conviction of any person under the provisions of this Chapter, it shall be the duty of the Municipal Judge of the City of Pleasant Hope, Missouri to certify such conviction to the Board of Aldermen of said City of Pleasant Hope, Missouri

Section 160.123: Misrepresentation of Age by a Minor to Obtain Liquor

Any person of the age of seventeen years and under the age of twenty-one years who shall represent that he or she has attained the age of twenty-one years for the purpose of purchasing, asking for or in any way receiving intoxicating liquor, except in cases authorized by law, shall upon conviction be deemed guilty of a misdemeanor. Any persons under the age of seventeen years who shall represent that he or she has attained the age of twenty-one years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in case authorized by law, may be considered a delinquent child, and be dealt with in accordance with the provisions of Chapter 211, RSMo 1949.

Section 160.124: Purchase or Possession by Minor

Any person under the age of twenty-one years who purchases or attempts to purchase, or has in his possession, any intoxicating liquor as defined in this Ordinance is guilty of a Class A Misdemeanor.

Section 160.125: Misrepresentation of Age by a Minor to Obtain Beer

Any person of the age of seventeen years and under the age of twenty-one years who represents that he has attained the age of twenty-one years for the purpose of purchasing, asking for, or in any way receiving non-intoxicating beer, shall, upon conviction be deemed guilty of a misdemeanor. Any person of the age of seventeen years and under the age of twenty-one years who represents that he has attained the age of twenty-one years for the purpose of purchasing, asking for, or in any way receiving non-intoxicating beer shall be dealt with in accordance with the provisions of Chapter 211, RSMo 1949.

Section 160.126: Purchase or Possession by a Minor

Any person violating any of the provisions of this Chapter, except where some penalty is otherwise provided, shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished by a fine not exceeding Five Hundred Dollars ($500) and/or ninety (90) days in the County Jail, or both such fine and imprisonment, provided that upon final conviction of any person for a violation of any provision of this Chapter, said conviction shall automatically operate to revoke the license hereunder issued to such person and provided further that the term conviction as herein used shall mean conviction upon final termination of any prosecution of any violation of this Chapter and provided further that no person having been convicted of the 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 the conviction.

Section 160.127: Revocation Shall Forfeit License Fee

In case of revocation or forfeiture of any license granted and issued under the provisions of this Chapter for cause or otherwise, the City of Pleasant Hope, Missouri, shall in not event return any part of the license fee paid for such license.

Section 160.128: Business License for the City of Pleasant Hope (Ordinance 263 3/7/2011)

The City of Pleasant Hope having the Power to License, Tax and Regulate All Businesses and Occupations pursuant to RSMo 94.270 deems it necessary for all businesses and occupations to apply for a “Business License” to operate in the City of Pleasant Hope, Polk County, Missouri. The business license year is defined as: Beginning July 1 of the current year to June 30 of the next year. The City Clerk of the City of Pleasant Hope shall issue a license upon receiving twenty five ($25.00) dollars to do business within the City of Pleasant Hope as the Board of Aldermen direct. It shall be an ordinance violation to operate a business without a license punishable upon conviction with a fine up $500.00 and/or ninety (90) days in the county jail.

Section 160.130: Peddlers, Solicitors and Canvassers

Section 160.140: Deceptive Practices

Section 160.150: Garage Sales