311.178. Convention trade area, St. Louis County, liquor sale by drink, extended hours for business, requirements, fee--resort defined--special permit for liquor sale by drink (Miller, Morgan, and Cam
Convention trade area, St. Louis County, liquor sale by drink,extended hours for business, requirements, fee--resortdefined--special permit for liquor sale by drink (Miller, Morgan,and Camden counties).
311.178. 1. Any person possessing the qualifications and meeting therequirements of this chapter who is licensed to sell intoxicating liquor bythe drink at retail for consumption on the premises in a county of thefirst classification having a charter form of government and not containingall or part of a city with a population of over three hundred thousand mayapply to the supervisor of liquor control for a special permit to remainopen on each day of the week until 3:00 a.m. of the morning of thefollowing day. The time of opening on Sunday may be 11:00 a.m. Theprovisions of this section and not those of section 311.097 regarding thetime of closing shall apply to the sale of intoxicating liquor by the drinkat retail for consumption on the premises on Sunday. The premises of suchan applicant shall be located in an area which has been designated as aconvention trade area by the governing body of the county and the applicantshall meet at least one of the following conditions:
(1) The business establishment's annual gross sales for the yearimmediately preceding the application for extended hours equals one hundredfifty thousand dollars or more; or
(2) The business is a resort. For purposes of this subsection, a"resort" is defined as any establishment having at least sixty rooms forthe overnight accommodation of transient guests and having a restaurantlocated on the premises.
2. Any person possessing the qualifications and meeting therequirements of this chapter who is licensed to sell intoxicating liquor bythe drink at retail for consumption on the premises in a county of thethird classification without a township form of government having apopulation of more than twenty-three thousand five hundred but less thantwenty-three thousand six hundred inhabitants, a county of the thirdclassification without a township form of government having a population ofmore than nineteen thousand three hundred but less than nineteen thousandfour hundred inhabitants or a county of the first classification without acharter form of government with a population of at least thirty-seventhousand inhabitants but not more than thirty-seven thousand one hundredinhabitants may apply to the supervisor of liquor control for a specialpermit to remain open on each day of the week until 3:00 a.m. of themorning of the following day. The time of opening on Sunday may be 11:00a.m. The provisions of this section and not those of section 311.097regarding the time of closing shall apply to the sale of intoxicatingliquor by the drink at retail for consumption on the premises on Sunday.The applicant shall meet all of the following conditions:
(1) The business establishment's annual gross sales for the yearimmediately preceding the application for extended hours equals one hundredthousand dollars or more;
(2) The business is a resort. For purposes of this subsection, a"resort" is defined as any establishment having at least seventy-five roomsfor the overnight accommodation of transient guests, having at least threethousand square feet of meeting space and having a restaurant located onthe premises; and
(3) The applicant shall develop, and if granted a special permitshall implement, a plan ensuring that between the hours of 1:30 a.m. and3:00 a.m. no sale of intoxicating liquor shall be made except to guestswith overnight accommodations at the licensee's resort. The plan shall besubject to approval by the supervisor of liquor control and shall provide apractical method for the division of liquor control and other lawenforcement agencies to enforce the provisions of subsection 3 of thissection.
3. While open between the hours of 1:30 a.m. and 3:00 a.m. under aspecial permit issued pursuant to subsection 2 of this section, it shall beunlawful for a licensee or any employee of a licensee to sell intoxicatingliquor to or permit the consumption of intoxicating liquor by any personexcept a guest with overnight accommodations at the licensee's resort.
4. An applicant granted a special permit pursuant to this sectionshall, in addition to all other fees required by this chapter, pay anadditional fee of three hundred dollars a year payable at the time and inthe same manner as its other license fees.
5. The provisions of this section allowing for extended hours ofbusiness shall not apply in any incorporated area wholly located in anycounty of the first classification having a charter form of governmentwhich does not contain all or part of a city with a population of overthree hundred thousand inhabitants until the governing body of suchincorporated area shall have by ordinance or order adopted the extendedhours authorized by this section.
(L. 1981 S.B. 126 § 2, A.L. 1986 S.B. 500, A.L. 2002 S.B. 834, A.L. 2007 S.B. 299 & S.B. 616 merged with S.B. 613 Revision)