11 CSR 70-2.020 - Application for License
PURPOSE: This amendment clarifies the responsibilities of license applicants.
PURPOSE: This rule prescribes forms and applications and establishes procedure for the issuance of all intoxicating liquor licenses.
(1) Applications
for licenses including payment for the correct amount of the license fee are to
be submitted to the supervisor of Alcohol and Tobacco Control at the Central
Office in Jefferson City, or any operational Alcohol and Tobacco Control field
office within the state. If payment is rejected for insufficient funds and the
licensee has not replaced such payment within fifteen (15) days of notification
with sufficient funds, then beginning with the sixteenth day, if such
licensee's renewed license has been issued, such renewed license shall be
suspended until the day following the day the licensee makes restitution for
the insufficient funds payment, or if such licensee's renewed license has not
been issued, the renewed license shall not be issued until on or after the day
following the day the licensee makes restitution for the insufficient funds
payment.
(2) Application is to be
made on the forms prescribed by the supervisor.
(3) No applicant may exercise the privileges
of the license applied for prior to its issuance.
(4) If application is made by a partnership,
the application shall set out the names and residences of all the partners,
whether they be active or silent, and be signed by all the partners. All
partners shall qualify under the laws of Missouri for the license.
(5) If application is made by an entity, the
application shall set out the names and residences of any officers and all
members or shareholders, whether they be active or silent , and be signed by
the managing officer. The entity shall qualify under the laws of Missouri for
the license.
(6) No application
will be considered which is not complete. No license may be granted to an
applicant unless the applicant makes full, true, and complete answers to all
questions in the application. Any false answer to any question in the
application or omission of a material matter in the application, may be cause
for denial of the application or discipline of any license issued pursuant to
the application.
(7) Violation of
any oath taken by a licensee or any person(s) listed in the application in
connection with the application for a license is cause for denial of the
application or discipline of any license issued pursuant to the
application.
(8) If the supervisor
of Alcohol and Tobacco Control has reason to believe that an applicant or any
person(s) listed in the application has a criminal record and is not a person
of good moral character, the supervisor may request that the applicant or
person(s) listed in the application submit to being fingerprinted and
fingerprints forwarded to the Department of Justice to ascertain if the
applicant or person(s) listed in the application has been convicted of any
crime.
(9) The surety on the bond of
any licensee at any time may notify the supervisor of Alcohol and Tobacco
Control and the licensee that s/he desires after a date named, which is at
least thirty (30) days after the receipt of notification by the licensee and
the supervisor, to be relieved of liability on the bond. Upon receipt, the
privileges of the principal under the license as is supported by the bond may
be terminated and cancelled on the date specified, unless supported by other
sufficient bond(s), and the surety can be relieved of liability on the bond for
any default of the principal accruing on and after the date named.
(10) Every applicant for a liquor license of
any kind will present all applicable items listed on the checklist of
requirements that corresponds to the application form as prescribed by the
supervisor of Alcohol and Tobacco Control. Failure to present all applicable
items may be cause for denial of the application or discipline of any license
issued pursuant to the application.
(11) Every applicant for a liquor license of
any kind must provide written notice to the supervisor of Alcohol and Tobacco
Control if any fact or information changes from what is set forth in the
application. Failure to provide written notice of such changes may be cause to
deny the application or to discipline any license issued pursuant to the
application.
(12) No license may
be issued to the spouse, child(ren), step-child(ren), parent(s), stepparent(s),
son-in-law or daughter-in-law, employee, or other person having any interest in
the business of a licensee whose license has been revoked, for the privilege of
doing business at the same location or in close proximity to the location of
the establishment whose license was revoked until a period of five (5) years
after the date of the revocation of the license, and then at the discretion of
the supervisor of Alcohol and Tobacco Control.
(13) Ineligible Premises.
(A) No license may be issued for any premises
that has been condemned by a federal, state, county, or local government
entity, or has been declared a public and common nuisance by a court of
law.
(B) No license may be issued
for any premises that is transitory, moveable, or not permanently anchored to
the ground, unless expressly permitted under Chapter 311, RSMo, or the
regulations promulgated thereunder. This regulation does not apply to any
applicant seeking a temporary license, except for temporary licenses issued
under section
311.095,
RSMo.
(C) No license may be issued
for any premises that contains a private residence. Where an application seeks
to license a portion of any building that contains a private residence, the
building must have permanent partitions such that the licensed premises is
separate and distinct from any residential areas. The licensed premises and the
private residence must each have separate entrances and street addresses. This
regulation does not apply to hotels, motels, bed and breakfasts, any premises
that offers commercial overnight lodging, or any premises that does not receive
or store intoxicating liquor on-site for commercial use.
(D) No license may be issued to any premises
that includes, in whole or in part, the licensed premises of a current
licensee. Where an applicant wishes to be licensed to operate on a premises
that includes, in whole or in part, the licensed premises of a current
licensee, the applicant must provide documentation showing that the current
licensee either no longer owns or has a lease to operate out of the licensed
premises or has agreed to surrender the premises in question to the applicant
for the applicant's exclusive use. This regulation does not apply to any
applicant seeking a temporary license, except for temporary licenses issued
under section
311.095,
RSMo.
(14) When the
supervisor receives applications from two or more applicants seeking to operate
out of the same premises, those applications will be processed in the order in
which they were received. No application will be considered unless the previous
applicant(s) have withdrawn its application or the supervisor has denied the
previous applicant(s) and the previous applicant(s) have exhausted the
administrative remedies found in section
311.691,
RSMo.
(15) The supervisor of
Alcohol and Tobacco Control, at his/her discretion and for good cause, may
issue a temporary license for up to ten (10) days. A completed application with
all required current documents and payment of license fees and any late charges
must be in receipt of the Division of Alcohol and Tobacco Control before a
temporary license may be considered by the supervisor of Alcohol and Tobacco
Control.
Notes
*Original authority: 311.660, RSMo 1939, amended 1989.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.