311.090. Sale of liquor by the drink, cities, requirements--Sunday sales authorized for certain organizations.
Sale of liquor by the drink, cities, requirements--Sunday salesauthorized for certain organizations.
311.090. 1. Any person who possesses the qualifications required bythis chapter, and who meets the requirements of and complies with theprovisions of this chapter, and the ordinances, rules and regulations ofthe incorporated city in which such licensee proposes to operate hisbusiness, may apply for, and the supervisor of liquor control may issue, alicense to sell intoxicating liquor, as defined in this chapter, by thedrink at retail for consumption on the premises described in theapplication; provided, that no license shall be issued for the sale ofintoxicating liquor, other than malt liquor containing alcohol not inexcess of five percent by weight, and light wines containing not in excessof fourteen percent of alcohol by weight made exclusively from grapes,berries and other fruits and vegetables, by the drink at retail forconsumption on the premises where sold to any person other than acharitable, fraternal, religious, service or veterans' organization whichhas obtained an exemption from the payment of federal income taxes asprovided in section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8),501(c)(10), 501(c)(19), or 501(d) of the United States Internal RevenueCode of 1954, as amended, in any incorporated city having a population ofless than nineteen thousand five hundred inhabitants, until the sale ofsuch intoxicating liquor, by the drink at retail for consumption on thepremises where sold, shall have been authorized by a vote of the majorityof the qualified voters of the city. Such authority shall be determined byan election to be held in those cities having a population of less thannineteen thousand five hundred inhabitants as determined by the lastpreceding federal decennial census, under the provisions and methods setout in this chapter. Once such licenses are issued in a city with apopulation of at least nineteen thousand five hundred inhabitants, anysubsequent loss of population shall not require the qualified voters ofsuch a city to approve the sale of such intoxicating liquor prior to theissuance or renewal of such licenses. No license shall be issued for thesale of intoxicating liquor, other than malt liquor containing alcohol notin excess of five percent by weight, and light wines containing not inexcess of fourteen percent of alcohol by weight made exclusively fromgrapes, berries and other fruits and vegetables, by the drink at retail forconsumption on the premises where sold, outside the limits of suchincorporated cities unless the licensee is a charitable, fraternal,religious, service or veterans' organization which has obtained anexemption from the payment of federal income taxes as provided in section501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10),501(c)(19), or 501(d) of the United States Internal Revenue Code of 1954,as amended.
2. Notwithstanding any other provisions of this chapter to thecontrary, any charitable, fraternal, religious, service or veterans'organization which has obtained an exemption from the payment of federalincome taxes as provided in section 501(c)(3), 501(c)(4), 501(c)(5),501(c)(7), 501(c)(8), 501(c)(10), 501(c)(19), or 501(d) of the UnitedStates Internal Revenue Code of 1954, as amended, may apply for, and thesupervisor of liquor control may issue, a license to sell intoxicatingliquor, as defined in this chapter, between the hours of 9:00 a.m. onSunday and midnight on Sunday by the drink at retail for consumption on thepremises described in the application. The authority for the collection offees by cities and counties as provided in section 311.220, and all otherlaws and regulations of the state relating to the sale of liquor by thedrink for consumption on the premises where sold, shall apply toorganizations licensed under this subsection in the same manner as theyapply to establishments licensed under subsection 1 of this section andsections 311.085 and 311.095. In addition to all other fees required bylaw, an organization licensed under this section shall pay an additionalfee of two hundred dollars a year payable at the same time and in the samemanner as its other license fees.
3. If any charitable, fraternal, religious, service, or veterans'organization has a license to sell intoxicating liquor on its premisespursuant to this section and such premises includes two or more buildingsin close proximity, such permit shall be valid for the sale of intoxicatingliquor at any such building.
(RSMo 1939 § 4890, A.L. 1981 S.B. 126, A.L. 1983 H.B. 85, et al., A.L. 1984 S.B. 441, A.L. 1990 H.B. 1180, A.L. 1993 S.B. 76, A.L. 1994 S.B. 474, A.L. 1995 S.B. 43, A.L. 2009 H.B. 132)