11 CSR 70-2.120 - Retail Licensees

PURPOSE: This amendment pertains to health inspections of retail applicants that prepare or process food on the premises. The Division of Alcohol and Tobacco Control is requiring retailers to provide proof of compliance by providing a copy of a certified health inspection of their premises for new applicants.

(1) Sanitary Premises.

(A) All retail intoxicating liquor licensees are to keep their licensed premises clean and sanitary and meeting minimum standards of the Missouri Department of Health and Senior Services and local sanitation laws and ordinances where applicable.

(B) Applicants for a retail license who prepare or process food on the premises shall provide a copy of a certificate demonstrating successful completion of a health inspection with their license application. No such applicant may be granted a retail license without such a certificate. Notwithstanding any other provision of this section, the division may grant a retail license without a certificate of successful inspection, if requested by the applicant, conditioned on the applicant providing a copy of such certificate within ten (10) days of issuance of the certificate.

(2) If any retail licensed premises has multiple licenses for separate businesses in the same building, then the building shall be partitioned in a manner that the partitions run from the front of the building to the rear of the building, from the ceiling to the floor and be permanently affixed to the ceiling, floor, front, and rear of the building in a manner as to make two (2) separate and distinct premises. Each premises shall have a separate entrance in front and different street addresses, so as to indicate sufficiently that the businesses are run separately and distinct from each other. In addition, the business maintained on each of the premises shall be manned and serviced by an entirely separate and distinct group of employees and there may be no buzzers, bells, or other wiring or speaking system connecting one (1) business with the other. Separate files, records, and accounts pertaining to the businesses are to be maintained.

(3) Hotels and municipal or county airports or terminals or their lessees or concessionaires, leasing or having concession rights for the whole or a particular part of the facility, holding licenses authorizing the retail sale of intoxicating liquor by the drink for consumption on the premises where sold may maintain as many bars as they like on the licensed premises, provided that the places at which it is sold by the drink, in all respects, complies with the provisions of section 311.330, RSMo.

(4) No retailer may place or permit the placing of any object on or within the windows of premises covered by licenses which impedes or obstructs vision from the exterior into the interior.

(5) No holder of a retail license may use illuminated brand signs exclusively for illuminating purposes. Sufficient light must be maintained at all times to ensure clear visibility into the interior and within the interior of the premises.

(6) No licensee may operate, play, or permit the operation of any public speaking system transmitter, sound amplification device, or any other type of device, mechanical, or electronic, to emit or direct music, spoken words, sounds or noise of any kind exceeding eighty-six (86) decibels on an A-weighted scale when measured across a residential property line fifty feet (50') or more from the source of the noise between the hours of 11:00 pm and 11:00 am. This regulation does not supersede any state or local laws or ordinances regulating noise in the area.

(7) Licenses authorizing the retail sale of intoxicating liquor by the drink on Sunday between the hours of 9:00 a.m. and midnight may be issued to all qualified applicants as defined in section 311.293, RSMo.

(A) An applicant for a restaurant-bar license is to obtain a license authorizing the retail sale of intoxicating liquor by the drink as provided in either section 311.085, 311.090, or 311.095, RSMo.

(B) Premises for which a Sunday license is sought and the description at the premises on each license shall be exactly the same as those premises covered by an existing retail sale of intoxicating liquor by the drink license.

(8) Licensees may apply to the supervisor for an exemption to the limitation of five (5) licenses to sell intoxicating liquor at retail by drink for consumption on the premises.

(9) Resorts. Licenses authorizing the retail sale of liquor by the drink may be issued to qualified applicants for resorts as defined in section 311.095, RSMo.

Applicants for a resort license shall prepare and maintain records in order to substantiate the sales figures as presented in the certified statement, including, but not limited to, bank statements, cancelled checks, and invoices for food and intoxicating liquor purchases.

Notes

11 CSR 70-2.120

AUTHORITY: section 311.660, RSMo 2000.* This version of rule filed Feb. 8, 1973, effective Feb. 18, 1973. Amended: Filed June 7, 1977, effective Sept. 11, 1977. Amended: Filed Aug. 20, 1979, effective Dec. 13, 1979. Amended: Filed Aug. 11, 1980, effective Nov. 13, 1980. Amended: Filed Jan. 2, 1981, effective April 11, 1981. Amended: Filed Feb. 16, 1984, effective June 11, 1984. Amended: Filed Jan. 7, 1985, effective April 11, 1985. Amended: Filed July 25, 1986, effective Oct. 11, 1986. Amended: Filed Jan. 8, 1990, effective April 26, 1990. Amended: Filed Nov. 18, 1991, effective April 9, 1992. Amended: Filed Dec. 2, 1993, effective June 6, 1994. Amended: Filed Jan. 22, 1996, effective July 30, 1996. Amended: Filed Nov. 20, 2003, effective July 30, 2004. Amended by Missouri Register April 15, 2019/Volume 44, Number 8, effective 5/31/2019 Amended by Missouri Register February 16, 2020/Volume 46, Number 04, effective 3/31/2021

*Original authority: 311.660, RSMo 1939, amended 1989.