§ 10-106. Extended hours permits.

(a)

Convention trade area 3:00 a.m. closing permit—Eligibility.

(1)

A convention trade area 3:00 a.m. closing permit, authorized by RSMo § 311.174, authorizes the licensee who holds a section 10-102, 10-103, 10-134 or 10-135 sales-by-drink license to remain open between 1:30 am. and 3:00 a.m., if they meet the consent requirement as outlined in section 10-214 with the exception that a minimum of 30 eligible property parcels within a radius of a minimum of 500 feet is required, and:

a.

The applicant's business is located within the convention trade area. Pursuant to RSMo § 311.174, the city's convention trade area is hereby designated as all that territory within the corporate limits of the city; and

b.

The applicant's business is a convention hotel or motel or the applicant's business is not a convention hotel or motel but is located not more than 1.5 drivable miles as measured from the outside walls of a hotel, defined as any structure, or building, under one management, which contains rooms furnished for the accommodation or lodging of guests, with or without meals being so provided, and kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient guests or permanent guests, and having more than 100 bedrooms furnished for the accommodation of such guests, and the applicant's annual gross sales at said business for the year immediately preceding the application for a 3:00 a.m. closing permit equals $125,000.00 or more; provided, however, that the director may waive the foregoing gross sales requirement for a business located in the downtown economic entertainment district if requested by the applicant and the request is supported by documentation that the business should produce annual gross sales equal to $125,000.00 or more. If this waiver is granted, the applicant, after 90 days of operation, shall produce proof that the gross sates for said 90 days of operation, when projected on an annualized basis by multiplying the gross sales for the 90 days of operation times four, will be satisfied, and, if not, the 3:00 a.m. closing permit will be canceled by the director without refund. The cancellation shall be appealable to the board in the manner set forth in section 10-62 of this chapter. Any convention hotel or motel or business that has a current convention trade area 3:00 a.m. closing permit that does not meet the requirement of having annual gross sales equal to or greater than $125,000.00 at the time their 3:00 a.m. permit is up for renewal after the ordinance from which this section derives has passed will have one year thereafter to fulfill the $125,000.00 annual gross sales requirement.

c.

A convention hotel or motel that has a current convention trade area 3:00 a.m. closing permit but has fewer than 100 transient guestrooms or a business that has a current convention trade area 3:00 a.m. closing permit which is located more than 1.5 drivable miles from a convention hotel or motel will be allowed to maintain its convention trade area 3:00 a.m. closing permit as long as all other requirements of this chapter have been met.

(2)

Package sales. No retail licensee holding a convention trade area 3:00 a.m. closing permit pursuant to this section, nor employee of the licensee, shall sell, give away, otherwise dispose of or allow the removal from the licensed premises any alcoholic beverages in the original package or suffer the same to be done on or about the licensed premises:

a.

Between the hours of 1:30 a.m. and 6:00 a.m. Tuesday through Saturday;

b.

Between the hours of 12:00 midnight Sunday and 6:00 a.m. Monday.

(3)

Notwithstanding the limitations contained in subsection (a)(l)b herein, a sales by drink establishment licensed under this chapter located in that area bounded by and including the block face frontage of the north side of 17th Street Terrace, the east side of Woodland Avenue, the south side of 19th Street and the west side of Paseo Boulevard that has annual gross sales of $125,000.00 or more for the year immediately preceding the application for a 3:00 a.m. closing permit and meets all other requirements herein is eligible for such permit.

(b)

Temporary 3:00 a.m. closing permit—Eligibility.

(1)

A temporary 3:00 a.m. closing permit, authorized by RSMo § 311.088, authorizes the licensee who holds a section 10-102, 10-103, 10-134 or 10-135 sales-by-drink license to remain open between 1:30 am, and 3:00 a.m. within one 24-hour period if they meet the consent requirement as outlined in section 10-214 with the exception that a minimum of 30 eligible property parcels within a radius of a minimum of 500 feet is required. Any licensee that is granted a temporary 3:00 a.m. closing permit shall only be authorized to receive up to six such special permits in a calendar year.

(2)

Package sales. No retail licensee holding a temporary 3:00 a.m. closing permit pursuant to this section, nor employee of the licensee, shall sell, give away, otherwise dispose of or allow the removal from the licensed premises any alcoholic beverages in the original package or suffer the same to be done on or about the licensed premises:

a.

Between the hours of 1:30 a.m. and 6:00 a.m. Tuesday through Saturday;

b.

Between the hours of 12:00 midnight Sunday and 6:00 a.m. Monday.

(c)

Nonprofit organization 6:00 a.m. closing permit—Eligibility.

(1)

A nonprofit organization 6:00 a.m. closing permit authorized by RSMo § 311.174 authorizes a licensee who holds a section 10-102, 10-103,10-134 or 10-135 sales-by-drink to remain open between 1:30 a.m. and 6:00 a.m., if they meet the consent requirement as outlined in section 10-214 with the exception that a minimum of 30 eligible property parcels within a radius of a minimum of 500 feet is required, and:

a.

The applicant is a nonprofit organization exempt from federal income taxes under section 501(C)(7) of the Internal Revenue Code of 1986 as amended; and

b.

The applicant is located in a building designated as a National Historic Landmark by the United States Department of Interior; and

c.

The applicant's business is located within the convention trade area. Pursuant to RSMo § 311.174, the city's convention trade area is hereby designated as all that territory within the corporate limits of the city.

(Ord. No. 000056, § A, 2-22-00; Ord. No. 021277, § A, 12-12-02; Ord. No. 050820, § 1, 6-30-05; Ord. No. 051425, § 1, 11-22-05; Ord. No. 070161, § 1, 2-22-07; Ord. No. 070928, § 1, 9-13-07; Ord. No. 080390, § 1, 5-1-08; Ord. No. 090721, § 1, 10-15-09; Ord. No. 120633, § 1, 7-26-12; Ord. No. 130096, § 1, 2-28-13; Ord. No. 160281 , § 1, 4-28-16; Ord. No. 160621 , § 1, 8-18-16; Ord. No. 170123 , § 1, 3-30-17)