§ 10-108. License for sales-by-drink in common eating and drinking area.

(a)

Pursuant to RSMo 311.096, as used in this section, the term "common eating and drinking area" means an area within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor; where the cost of maintaining the area is shared by the payment of common area maintenance charges, as provided in the respective leases permitting the use of the area, or otherwise; and where the annual gross income from the sale of prepared meals or food consumed in the common eating and drinking area is, or is projected to be, not less than $275,000.00.

(b)

Notwithstanding any other provisions of this chapter to the contrary, any person who possesses qualifications required by this chapter, or who now or hereafter meets the requirements of and complies with the provisions of this chapter, may apply to the director for, and the director may issue, a license to sell intoxicating liquor, by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, as described in the application for the license. The times for selling intoxicating liquor as fixed in section 10-333 and all other laws and regulations of the city relating to the sale of intoxicating liquor by the drink shall apply to each establishment licensed under this subsection in the same manner as they apply to establishments licensed under section 10-102.

(c)

Any person possessing the qualifications and meeting the requirements of this chapter, who is licensed to sell intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area, may apply to the director for a special permit to remain open on all days of the week except Sunday between the hours of 1:30 a.m. and 3:00 a.m. The provisions of section 10-104(c) shall apply to the sale of intoxicating liquor by the drink at retail not for consumption on the premises where sold but for consumption in a common eating and drinking area on Sunday. To qualify for a permit under this section, the premises of an applicant must be located in an area which has been designated as a convention trade area as defined in section 10-106.

(d)

Each licensed premises utilizing a common eating and drinking area under this chapter shall, in the consumption of alcoholic beverages by patrons, serve the beverages in a container or glassware or other similar vessel which shall bear the name or logo or other identifying data of the serving establishment.

(Ord. No. 000056, § A, 2-22-00)