14.01.010 Generally.
14.01.020 Definitions.
14.01.030 Ballroom.
14.01.040 Boat.
14.01.050 Club.
14.01.060 C.O.L. license.
14.01.070 Commissioner.
14.01.080 Common eating and drinking area.
14.01.090 Controlled access liquor cabinet.
14.01.100 Controlled access liquor cabinet system.
14.01.110 Convention trade area.
14.01.120 Disorderly place.
14.01.130 Drink license.
14.01.140 Employees.
14.01.150 Hotel.
14.01.160 Intoxicating liquor.
14.01.170 Lewd and indecent conduct.
14.01.180 License.
14.01.190 Licensed premises.
14.01.200 Mall.
14.01.210 Motion picture theater.
14.01.220 Motor vehicle service station.
14.01.230 Nonintoxicating beer.
14.01.240 Nonresident wholesaler, manufacturer and distributor.
14.01.250 Obscene.
14.01.260 Off-premises gift shop.
14.01.270 Original package.
14.01.280 Package license.
14.01.290 Performance.
14.01.300 Person.
14.01.310 Petition circle.
14.01.315 Picnic group--Defined.
14.01.320 Picnic license.
14.01.330 Places of entertainment--Places of amusement.
14.01.340 Premises.
14.01.350 Qualified establishment.
14.01.360 Qualified packages or containers.
14.01.370 Registered guest.
14.01.380 Resort.
14.01.390 Restaurant.
14.01.400 Retail license.
14.01.410 Room.
14.01.420 Standard size bowling lane.
14.01.430 3:00 a.m. closing permit.
14.01.440 Transportation company.
14.01.450 Wholesale liquor dealing agent.

City Counselor Ops.: 8456, 9355

14.01.010 Generally.

This ordinance and title shall be known and may be cited as the "Liquor Control Laws of the City of St. Louis." (Ord. 61289 § 2 (part), 1989.)

14.01.020 Definitions.

For the purposes of this title the terms herein used shall have the meaning given in this chapter. (Ord. 61289 § 2 (part), 1989.)

14.01.030 Ballroom.

A single facility that is at least fifty (50) years old, located in a business district, with a seating capacity of at least six hundred (600) persons, and with a dance floor of at least four thousand eight hundred (4,800) square feet. (Ord. 61289 § 2 (part), 1989.)

14.01.040 Boat.

"Boat" means any watercraft, boat or barge, docked, or operating on a river passing through the City limits and which docks within the City limits as defined by law. (Ord. 61289 § 2 (part), 1989.)

14.01.050 Club.

"Club" means any organization whether incorporated or not, of fifty (50) or more members, twenty-one (21) years old or older, not formed for profit, where the property and equipment of the organization, exclusive of real estate and alcoholic beverages, belongs to the members thereof, and is of the value of at least one thousand dollars ($1000.00) according to invoices. (Ord. 61289 § 2 (part), 1989.)

14.01.060 C.O.L. license.

A "C.O.L. license" shall permit the consumption of intoxicating liquor and nonintoxicating beer between the hours of 10:00 p.m. and 1:30 a.m. Tuesday through Saturday and between the hours of 10:00 p.m. and 12:00 midnight on Saturday upon a premises, for which a drink license has not been issued, where food, beverages, or entertainment is sold or provided for compensation. It shall not be necessary for the operator of a premises where food, beverages, or entertainment is sold or provided for compensation to procure a C.O.L. license to allow intoxicating liquor or nonintoxicating beer to be consumed upon such premises between the hours of 6:00 a.m. and 10:00 p.m. (Ord. 61289 § 2 (part), 1989.)

14.01.070 Commissioner.

"Commissioner" means the Excise Commissioner, and, where not otherwise indicated by the context, his deputy or any of his duly appointed subordinates. (Ord. 61289 § 2 (part), 1989.)

14.01.080 Common eating and drinking area.

"Common eating and drinking area" means:

A. An area or areas within a building or group of contiguous buildings, approved by the Excise Commissioner, designated for eating of food and drinking of intoxicating liquor or nonintoxicating beer sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor;

B. 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 area;

C. 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); and

D. Said common eating and drinking area is located within a mall. (Ord. 61289 § 2 (part), 1989.)

14.01.090 Controlled access liquor cabinet.

The term "controlled access liquor cabinet" means a closed container, either refrigerated in whole or in part or nonrefrigerated, access to the interior of which is restricted by means of a locking device which requires the use of a key. (Ord. 61289 § 2 (part), 1989.)

14.01.100 Controlled access liquor cabinet system.

The term "controlled access liquor cabinet system" means a system for the sale of intoxicating liquor in qualified packages or containers in the rooms provided for the overnight accommodation of transient guests in a qualified establishment by means of a controlled access liquor cabinet, and such system shall permit the licensee to maintain in the rooms provided for the overnight accommodation of transient guests a controlled access liquor cabinet in which such licensee may maintain for sale intoxicating liquor in qualified packages or containers, together with, if desired, other beverages or food, and such system shall permit the adult registered guests of the room in which such controlled access liquor cabinet is located to use the key, magnetic card or other similar device to gain access to such controlled access liquor cabinet to obtain the intoxicating liquor or other beverages or food for consumption. (Ord. 61289 § 2 (part), 1989.)

14.01.110 Convention trade area.

The term "convention trade area" shall mean the entire area within the corporate boundaries of the City of St. Louis, except for such areas as may be designated by ordinance. (Ord. 66227 § 1, 2003: prior: Ord. 61289 § 2 (part), 1989.)

14.01.120 Disorderly place.

The term "disorderly place" shall include, but not be limited to, any licensed premises which are found by the Commissioner to be open to and frequented by persons who so conduct themselves there as to violate the law, create disturbances, fight or otherwise disturb the general peace or the peace of individuals. (Ord. 61289 § 2 (part), 1989.)

14.01.130 Drink license.

The term "drink license" means a license or permit for the retail sale of intoxicating liquor and/or nonintoxicating beer by the drink for consumption on the premises where sold. A person to whom a drink license has been issued under the provisions of this chapter or title shall also be permitted to sell in the original package for consumption off premises such intoxicating liquor and/or nonintoxicating beer as he is permitted to sell by the drink under the terms of the license held by him. The above general definition shall be applicable to the drink licenses which may be issued under this chapter or title, unless otherwise provided by the specific definition thereof. The drink licenses which may be issued under this chapter and title, and the definitions thereof, are as follows:

A. Full Drink License. Such license shall permit the retail sale of intoxicating liquor and nonintoxicating beer. Under no circumstances shall a person to whom a full drink license has been issued under the provisions of this chapter or title sell intoxicating liquor in the original container, containing alcohol in excess of 22% by weight, for consumption on the premises where sold.

B. Full Drink Sunday License. Such license shall permit the retail sale on Sundays of intoxicating liquor and nonintoxicating beer. Such license shall not authorize the sale, in the original container, of intoxicating liquor containing alcohol in excess of 22% by weight, for consumption on the premises where sold. Such license may only be issued where the licensed premises are a restaurant, as that term is defined in this chapter, and may only be issued to persons to whom a City full drink license has been issued. A full drink Sunday license shall be null and void any time the corresponding full drink intoxicating liquor license has been suspended, canceled or revoked by a decision of the Excise Commissioner or has been allowed to lapse by the licensee.

C. Drink License (Wine and Beer License). Such license shall permit the sale of wine containing alcohol not in excess of 22% by weight, malt liquor containing alcohol not in excess of 5% by weight, and nonintoxicating beer.

D. 5% Drink License (Beer License). Such license shall permit the sale of malt liquor containing alcohol not in excess of 5% by weight and nonintoxicating beer.

E. 3.2% Drink License (3.2% Beer License). Such license shall permit the sale of nonintoxicating beer.

F. Special Sports Stadium License. A "Special sports stadium license" shall permit the holder thereof to sell malt liquor and nonintoxicating beer, for consumption only on the premises where sold, between the hours of 11:00 a.m. on Sunday and 1:30 a.m. on the following Monday. Such license may only be issued: (1) where the licensed premises is a sports stadium, arena or auditorium used primarily for exhibition of professional sporting events and (2) only to a person who possess a valid drink license issued under the provisions of this chapter or title.

G. Ballroom Sunday Sales Permit. Any person who operates a ballroom and who possesses a full drink license may be issued a ballroom permit to sell intoxicating liquor by the drink at retail for consumption on the premises of the ballroom between the hours of noon and midnight on Sundays.

H. Places of Entertainment Or Amusement Sunday Sales Permit.

1. Notwithstanding any other provisions of this chapter or title, the Excise Commissioner may issue a permit for the sale of intoxicating liquor between the hours of 1:00 p.m. on Sunday and midnight on Sunday by any person who possesses a full drink liquor license for a premises which is a place of entertainment or a place of amusement. Nothing in this section shall be construed to permit the licensee to sell intoxicating liquor or nonintoxicating beer for off-premises consumption.

2. Any new place of amusement having been in operation less than ninety (90) days may be issued a temporary Place of Amusement Sunday Sales Permit for a period not to exceed ninety (90) days, if such place of amusement can show projection of gross business receipts of at least two hundred thousand dollars ($200,000.00), at least 50% of which shall be derived from sources other than the sale of alcoholic beverages. The license fee set by Section 14.08.010 for Place of Amusement Sunday Sales Permits shall be pro-rated for the period of the temporary permit. (Ord. 61289 § 2 (part), 1989.)

14.01.140 Employees.

"Employees" means persons who work or perform services for or without compensation for a person licensed under the provisions of this title. (Ord. 61289 § 2 (part), 1989.)

14.01.150 Hotel.

"Hotel" means every building or other structure kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are furnished for pay to transient or permanent guests, in which twenty or more rooms are furnished for the accommodation of such guests, whether with or without meals, as evidenced by a license issued by the City to the person owning, keeping, using, maintaining, advertising or holding out the place to the public to be a place where such accommodations are furnished. (Ord. 61289 § 2 (part), 1989.)

14.01.160 Intoxicating liquor.

"Intoxicating liquor" means 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 3.2% alcohol by weight. (Ord. 61289 § 2 (part), 1989.)

14.01.170 Lewd and indecent conduct.

A. As used herein, the term "lewd and indecent conduct" shall mean:

1. The exposure of one’s genitals, buttocks, vulva, pubic hair or the female breast below a point immediately above the top of the areola;

2. The touching, caressing or fondling of the breasts, buttocks or genitals, whether clothed or unclothed, for the purpose of sexual arousal or gratification;

3. The touching, caressing or fondling of the breasts, buttocks or genitals, whether clothed or unclothed, which is likely to cause affront or alarm; and

4. Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, cunnilingus, fellatio or flagellation.

B. Conduct which is not obscene is not lewd or indecent for purposes of this chapter and title if:

1. It occurs as part of a performance and does not involve exposure of one’s genitals, buttocks, vulva, pubic hair or the female breast below a point immediately above the top of the areola;

2. It occurs as part of a performance at a place that has a seating capacity for patrons in excess of nine hundred fifty persons, and which has annual ticket sales for admissions thereto in excess of seven hundred fifty thousand dollars; or

3. It is portrayed or depicted in a motion picture which is shown or exhibited at a motion picture theater. (Ord. 62940 § 2, 1993: prior Ord. 61289 § 2 (part), 1989.)

14.01.180 License.

Except as otherwise indicated, the term "license" includes permits issued under this chapter and title. (Ord. 61289 § 2 (part), 1989.)

14.01.190 Licensed premises.

The term "licensed premises" means that building, portion of a building, boat or portion thereof, place or area in which a person holding a "drink," "package" or "C.O.L." license, as those terms are defined in this chapter, is permitted or authorized to conduct business pursuant to such license. All license applications and renewal applications filed with the excise division after the effective date of this ordinance shall contain a description of the licensed premises in a form acceptable to the Excise Commissioner. (Ord. 61289 § 2 (part), 1989.)

Editor’s Note:

Ordinance 61289 became effective sixty days after March 3, 1989.

14.01.200 Mall.

The term "mall" refers to a building or group of contiguous buildings that contain a minimum of fifty thousand (50,000) square feet and that provide space available for a minimum of twenty-five (25) individual retail establishments selling at retail among other things any or all of the following: goods, wares, merchandise, food, foodstuffs and/or beverages. (Ord. 61289 § 2 (part), 1989.)

14.01.210 Motion picture theater.

The term "motion picture theater" means a building or portion of a building in which motion pictures are regularly exhibited which:

A. Has at least one permanently affixed screen, of a minimum size of two hundred (200) square feet, for exhibition of motion pictures;

B. Has a minimum of one hundred (100) permanently affixed seats; and

C. The public is invited to enter in return for the purchase of a ticket or the payment of an entry charge. (Ord. 61289 § 2 (part), 1989.)

14.01.220 Motor vehicle service station.

The term "motor vehicle service station" means a place licensed by the state or city to sell or offer for sale gasoline or other motor fuels used as fuels in internal combustion engines for the purpose of propelling an automobile, truck or other self-propelling motor vehicle upon the public highways, streets and thoroughfares of the City. (Ord. 61289 § 2 (part), 1989.)

14.01.230 Nonintoxicating beer.

"Nonintoxicating beer" means any beer manufactured from pure hops or pure abstract of hops, and pure barley, malt, and 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 3.2% by weight. (Ord. 61289 § 2 (part), 1989.)

V.A.M.S.

312.020 Nonintoxicating beer defined.

14.01.240 Nonresident wholesaler, manufacturer and distributor.

"Nonresident wholesaler, manufacturer and distributor" means any person residing or located in the state, outside of the City, licensed by the state to solicit, receive or take orders for the purchase, sale and delivery of any intoxicating liquor or nonintoxicating beer to any person residing in or located in the City for resale. (Ord. 61289 § 2 (part), 1989.)

14.01.250 Obscene.

A performance is "obscene" if:

A. Applying contemporary community standards, its predominant appeal is to prurient interest in sex;

B. Taken as a whole, the average person, applying contemporary community standards, would find that it depicts or describes sexual conduct in a patently offensive manner; and

C. Taken as a whole, it lacks serious literary, artistic, political or scientific value.

Obscenity shall be judged with reference to its impact upon ordinary adults. (Ord. 61289 § 2 (part), 1989.)

14.01.260 Off-premises gift shop.

The term "off-premises gift shop" means a retail store that does not permit any goods sold on the premises to be delivered to the purchaser on such premises. (Ord. 61289 § 2 (part), 1989.)

14.01.270 Original package.

The term "original package" means the original unopened container with an unbroken seal thereon, in which intoxicating liquor or nonintoxicating beer has been shipped by the distiller, brewer, or bottler thereof to a distributor, wholesaler or retail merchant. (Ord. 61289 § 2 (part), 1989.)

14.01.280 Package license.

The term "package license" means a license for the retail sale of intoxicating liquor and/or nonintoxicating beer, in the original package, which is not to be consumed on the premises where sold. The above general definition shall be applicable to the package licenses which may be issued under this chapter or title, unless otherwise provided by the specific definition thereof. The package licenses which may be issued under this chapter and title, and the definitions thereof, are as follows:

A. Full Package License. Such a license shall permit the sale at retail of intoxicating liquor and nonintoxicating beer in the original package.

B. 22% Package License. Such a license shall permit the retail sale of intoxicating liquor, containing alcohol not in excess of 22% by weight, and nonintoxicating beer in the original package.

C. 5% Package License. Such a license shall permit the retail sale of malt liquor, containing alcohol not in excess of 5% by weight, and of nonintoxicating beer in the original package. (Ord. 62656 § 2 (part), 1992: prior Ord. 61289 § 2 (part), 1989.)

14.01.290 Performance.

The term "performance" means any play, dance, exhibition or the playing of music by one or more persons, provided that:

A. Such performance occurs on a stage or platform;

B. There is no intentional physical contact between the audience and the persons participating in the performance during the performance; and

C. One or more of the persons participating in the performance receive compensation for such participation. (Ord. 61289 § 2 (part), 1989.)

14.01.300 Person.

"Person" means an individual, association, club, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or other officer appointed by any state or federal court. (Ord. 61289 § 2 (part), 1989.)

14.01.310 Petition circle.

A. For each premises for which a retail license has been issued or for which an application for a retail license has been submitted to the Excise Commissioner, other than a picnic license, there shall be a petition circle. Such petition circle shall hereby be defined as an area, circular in shape, with a radius of three hundred fifty (350) feet drawn from the center of the front of the licensed premises projected to the street.

B. Notwithstanding the provisions of subsection A of this section, the petition circle for a 3:00 a.m. permit shall be an area, circular in shape, drawn by a radius of five hundred (500) feet drawn from the center of the front of the premises projected to the street.

C. No portion of a building shall be considered to be within the petition circle other than the main or surface floor of such building, the two floors immediately above the main or surface floor, and the floor immediately below the main or surface floor. (Ord. 61289 § 2 (part), 1989.)

14.01.315 Picnic group--Defined.

A gathering of 2 or more people, where a meal is being, has been or will be consumed, no charge is had for admission, and alcohol is not sold in any form. A picnic group shall not include any group gathered on a street or parking lot. (Ord. 62656 § 2 (part), 1992.)

14.01.320 Picnic license.

"Picnic license" means a license or permit issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale of intoxicating liquor and/or nonintoxicating beer at a picnic, bazaar, fair, or similar gathering. Said license or permit shall authorize sale of intoxicating liquor or nonintoxicating beer only for the day or days named therein and it shall not authorize the sale of any nonintoxicating beer or intoxicating liquor for more than seven (7) days by any said organization in any fiscal year. There shall be two (2) separate types of picnic licenses, one authorizing sale of intoxicating liquor and nonintoxicating beer and another authorizing sale of nonintoxicating beer and intoxicating malt liquor containing alcohol not in excess of 5% by weight. A picnic license shall be required where an organization eligible for a picnic license charges an admission fee or sells tickets for an event at which intoxicating liquor or nonintoxicating beer is served to persons attending such event, whether or not intoxicating liquor or nonintoxicating beer is sold at such event. (Ord. 61289 § 2 (part), 1989.)

14.01.330 Places of entertainment--Places of amusement.

A. "Places of entertainment" shall mean any establishment located in the City which has seating capacity for patrons in excess of four hundred persons, and which has gross annual sales in excess of two hundred fifty thousand dollars and the establishment has been in operation for at least one year.

B. "Places of amusement" shall mean any establishment whose business building contains a square footage of at least six thousand (6,000) square feet where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played, which premises are duly licensed and meet building code requirements for said games of skill, and which has annual gross receipts of at least two hundred thousand dollars ($200,000.00) of which no more than fifty percent (50%) may be derived from the sale of alcoholic beverages. (Ord. 62940 § 3, 1993: prior Ord. 61289 § 2 (part), 1989.)

14.01.340 Premises.

"Premises" includes the entire building in which a licensee has his place of business and any additional building use in connection therewith, and the entire lot or lots, parcel or parcels of land on which the buildings are situated, or which are used in connection with the buildings, and shall also include a boat, or boats, a barge or barges, moored or operating on a river. (Ord. 61289 § 2 (part), 1989.)

14.01.350 Qualified establishment.

The term "qualified establishment" means any establishment having at least forty (40) rooms for the overnight accommodation of transient guests and 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, which restaurant’s annual gross food sales for the past two (2) years immediately preceding its application for a license shall not have been less than one hundred thousand dollars ($100,000.00) per year or, if such restaurant has been in operation for less than two (2) years, such restaurant has been in operation for at least ninety (90) days preceding the application for license for sale of intoxicating liquor by means of controlled access liquor cabinets and has a projected experience based upon its sale of food during the preceding ninety (90) days which would exceed one hundred thousand dollars ($100,000.00) per year. (Ord. 61289 § 2 (part), 1989.)

14.01.360 Qualified packages or containers.

The term "qualified packages or containers" shall mean packages or containers for intoxicating liquor, other than beer or other malt liquor, which holds not less than fifty milliliters and not more than two hundred milliliters, and any packages or containers for beer or other malt liquor. (Ord. 62940 § 5, 1993: prior Ord. 61289 § 2 (part), 1989.)

14.01.370 Registered guest.

The term "registered guest" means each person who signs his name to the guest register of a qualified establishment or takes some other equivalent action for the purpose of registering as a guest of such qualified establishment. (Ord. 61289 § 2 (part), 1989.)

14.01.380 Resort.

The term "resort" means any establishment having at least thirty rooms for the overnight accommodations of transient guests, having a restaurant or similar facility on the premises at least sixty 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 years immediately preceding its application for a license shall not have been less than seventy-five thousand dollars per year, or means a new restaurant establishment having been in operation for at least ninety days preceding the application for such license, with a projected experience based upon its sale of food during the preceding ninety days which would exceed not less than seventy-five thousand dollars per year. 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 sales requirements of this subsection, 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. (Ord. 62940 § 4, 1993: prior Ord. 61289 § 2 (part), 1989.)

14.01.390 Restaurant.

"Restaurant" means any establishment where at least fifty percent (50%) of the gross income is derived from the sale of food consumed on the premises of the establishment or which has an annual gross income of at least two hundred seventy-five thousand dollars ($275,000.00) from the sale of prepared meals or food consumed on such premises. (Ord. 61289 § 2 (part), 1989.)

14.01.400 Retail license.

The term "retail license" refers to any and all drink, C.O.L., package, and picnic licenses and to 3:00 a.m. closing permits, common eating and drinking area permits, temporary catering permits and controlled access liquor cabinet system permits. (Ord. 61289 § 2 (part), 1989.)

14.01.410 Room.

The term "room" means a room in a qualified establishment which is intended to be used as and which is provided for the overnight accommodation of transient guests. (Ord. 61289 § 2 (part), 1989.)

14.01.420 Standard size bowling lane.

"Standard size bowling lane" means any bowling lane constructed according to the specifications contained in the "American Bowling Congress, Complete Construction Rules and Regulations, Season 1958-1959." (Ord. 61289 § 2, (part), 1989.)

14.01.430 3:00 a.m. closing permit.

A "3:00 a.m. closing permit" is a permit which allows the sale and consumption of intoxicating liquor during the hours of 1:30 a.m. to 3:00 a.m. Tuesday through Sunday, except that where a 3:00 a.m. permit has been issued to a person who possesses a full drink Sunday license the 3:00 a.m. permit also allows the sale and consumption of liquor from 1:30 a.m. to 3:00 a.m. on Monday. A 3:00 a.m. permit may only be issued to a person who possesses a City full drink license and who meets the requirements of Section 14.08.220. (Ord. 61289 § 2 (part), 1989.)

14.01.440 Transportation company.

"Transportation company" means any individual, partnership, co-partnership or legal entity engaged in the business of transportation for hire of goods and merchandise by use or means of any vessel, railroad car, motor vehicle, airplane or other means of conveyance whatsoever. (Ord. 61289 § 2 (part), 1989.)

14.01.450 Wholesale liquor dealing agent.

"Wholesale liquor dealing agent" means any person who solicits, receives or takes orders for the purchase and delivery of any intoxicating liquor to any person in the City for resale. (Ord. 61289 § 2 (part), 1989.)

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