Resorts, seasonal resort restaurants, restaurants, sale of liquor bythe drink, resort defined--temporary license, new businesses, when.
311.095. 1. Notwithstanding any other provisions of this chapter tothe contrary, any person who possesses the qualifications required by thischapter, and who now or hereafter meets the requirements of and complieswith the provisions of this chapter, may apply for, and the supervisor ofliquor control may issue, a license to sell intoxicating liquor, as definedin this chapter, by the drink at retail for consumption on the premises ofany resort as described in the application. As used in this section theterm "resort" means any establishment having at least thirty rooms for theovernight accommodation of transient guests, having a restaurant or similarfacility on the premises at least sixty percent of the gross income ofwhich is derived from the sale of prepared meals or food, or means arestaurant provided with special space and accommodations where, inconsideration of payment, food, without lodging, is habitually furnished totravelers and customers, and which restaurant establishment's annual grossreceipts immediately preceding its application for a license shall not havebeen less than seventy-five thousand dollars per year with at least fiftythousand dollars of such gross receipts from nonalcoholic sales, or means aseasonal resort restaurant with food sales as determined in subsection 2 ofthis section. Any facility which is owned and operated as a part of theresort may be used to sell intoxicating liquor by the drink for consumptionon the premises of such facility and, for the purpose of meeting the annualgross receipts requirements of this subsection, if any facility which is apart of the resort meets such requirement, such requirement shall be deemedmet for any other facility which is a part of the resort.
2. A seasonal resort restaurant is a restaurant which is not a newrestaurant establishment and which is open for business eight or fewerconsecutive months in any calendar year. Fifty percent of all gross salesof such restaurant shall be sales of prepared meals. Any new seasonalresort restaurant establishment having been in operation for less thantwelve weeks may be issued a temporary license to sell intoxicating liquorby the drink at retail for consumption on the premises for a period not toexceed ninety days if the seasonal resort restaurant establishment can showa projection for annualized gross sales of which fifty percent shall besales of prepared meals. The temporary license fee and the annual licensefee shall be prorated to reflect the period of operation of the seasonalresort restaurant. The license shall be valid only during the period forwhich application was made and for which the fee was paid. Any seasonalresort restaurant upon resuming business for its season of operation shallnot be considered a new establishment for purposes of issuing a temporarylicense. Nothing in this subsection shall prohibit a seasonal resortrestaurant from becoming a resort restaurant upon application, payment offees, and compliance with the requirements of this chapter.
3. The times for opening and closing the establishments as fixed insection 311.290, the authority for the collection of fees by counties asprovided in section 311.220, and all other laws and regulations of thestate relating to the sale of liquor by the drink for consumption on thepremises where sold shall apply to resorts in the same manner as they applyto establishments licensed under section 311.090.
4. Any new resort or restaurant establishment having been inoperation for less than ninety days may be issued a temporary license tosell intoxicating liquor by the drink at retail for consumption on thepremises for a period not to exceed ninety days if the resort or restaurantestablishment can show a projection of an annual gross receipts of not lessthan seventy-five thousand dollars per year with at least fifty thousanddollars of such gross receipts from nonalcoholic sales. The license feeshall be prorated for the period of the temporary license based on the costof the annual license for the establishment.
Resorts, seasonal resort restaurants, restaurants, sale of liquor bythe drink, resort defined--temporary license, new businesses, when.
311.095. 1. Notwithstanding any other provisions of this chapter tothe contrary, any person who possesses the qualifications required by thischapter, and who now or hereafter meets the requirements of and complieswith the provisions of this chapter, may apply for, and the supervisor ofliquor control may issue, a license to sell intoxicating liquor, as definedin this chapter, by the drink at retail for consumption on the premises ofany resort as described in the application. As used in this section theterm "resort" means any establishment having at least thirty rooms for theovernight accommodation of transient guests, having a restaurant or similarfacility on the premises at least sixty percent of the gross income ofwhich is derived from the sale of prepared meals or food, or means arestaurant provided with special space and accommodations where, inconsideration of payment, food, without lodging, is habitually furnished totravelers and customers, and which restaurant establishment's annual grossreceipts immediately preceding its application for a license shall not havebeen less than seventy-five thousand dollars per year with at least fiftythousand dollars of such gross receipts from nonalcoholic sales, or means aseasonal resort restaurant with food sales as determined in subsection 2 ofthis section. Any facility which is owned and operated as a part of theresort may be used to sell intoxicating liquor by the drink for consumptionon the premises of such facility and, for the purpose of meeting the annualgross receipts requirements of this subsection, if any facility which is apart of the resort meets such requirement, such requirement shall be deemedmet for any other facility which is a part of the resort.
2. A seasonal resort restaurant is a restaurant which is not a newrestaurant establishment and which is open for business eight or fewerconsecutive months in any calendar year. Fifty percent of all gross salesof such restaurant shall be sales of prepared meals. Any new seasonalresort restaurant establishment having been in operation for less thantwelve weeks may be issued a temporary license to sell intoxicating liquorby the drink at retail for consumption on the premises for a period not toexceed ninety days if the seasonal resort restaurant establishment can showa projection for annualized gross sales of which fifty percent shall besales of prepared meals. The temporary license fee and the annual licensefee shall be prorated to reflect the period of operation of the seasonalresort restaurant. The license shall be valid only during the period forwhich application was made and for which the fee was paid. Any seasonalresort restaurant upon resuming business for its season of operation shallnot be considered a new establishment for purposes of issuing a temporarylicense. Nothing in this subsection shall prohibit a seasonal resortrestaurant from becoming a resort restaurant upon application, payment offees, and compliance with the requirements of this chapter.
3. The times for opening and closing the establishments as fixed insection 311.290, the authority for the collection of fees by counties asprovided in section 311.220, and all other laws and regulations of thestate relating to the sale of liquor by the drink for consumption on thepremises where sold shall apply to resorts in the same manner as they applyto establishments licensed under section 311.090.
4. Any new resort or restaurant establishment having been inoperation for less than ninety days may be issued a temporary license tosell intoxicating liquor by the drink at retail for consumption on thepremises for a period not to exceed ninety days if the resort or restaurantestablishment can show a projection of an annual gross receipts of not lessthan seventy-five thousand dollars per year with at least fifty thousanddollars of such gross receipts from nonalcoholic sales. The license feeshall be prorated for the period of the temporary license based on the costof the annual license for the establishment.
Resorts, seasonal resort restaurants, restaurants, sale of liquor bythe drink, resort defined--temporary license, new businesses, when.
311.095. 1. Notwithstanding any other provisions of this chapter tothe contrary, any person who possesses the qualifications required by thischapter, and who now or hereafter meets the requirements of and complieswith the provisions of this chapter, may apply for, and the supervisor ofliquor control may issue, a license to sell intoxicating liquor, as definedin this chapter, by the drink at retail for consumption on the premises ofany resort as described in the application. As used in this section theterm "resort" means any establishment having at least thirty rooms for theovernight accommodation of transient guests, having a restaurant or similarfacility on the premises at least sixty percent of the gross income ofwhich is derived from the sale of prepared meals or food, or means arestaurant provided with special space and accommodations where, inconsideration of payment, food, without lodging, is habitually furnished totravelers and customers, and which restaurant establishment's annual grossreceipts immediately preceding its application for a license shall not havebeen less than seventy-five thousand dollars per year with at least fiftythousand dollars of such gross receipts from nonalcoholic sales, or means aseasonal resort restaurant with food sales as determined in subsection 2 ofthis section. Any facility which is owned and operated as a part of theresort may be used to sell intoxicating liquor by the drink for consumptionon the premises of such facility and, for the purpose of meeting the annualgross receipts requirements of this subsection, if any facility which is apart of the resort meets such requirement, such requirement shall be deemedmet for any other facility which is a part of the resort.
2. A seasonal resort restaurant is a restaurant which is not a newrestaurant establishment and which is open for business eight or fewerconsecutive months in any calendar year. Fifty percent of all gross salesof such restaurant shall be sales of prepared meals. Any new seasonalresort restaurant establishment having been in operation for less thantwelve weeks may be issued a temporary license to sell intoxicating liquorby the drink at retail for consumption on the premises for a period not toexceed ninety days if the seasonal resort restaurant establishment can showa projection for annualized gross sales of which fifty percent shall besales of prepared meals. The temporary license fee and the annual licensefee shall be prorated to reflect the period of operation of the seasonalresort restaurant. The license shall be valid only during the period forwhich application was made and for which the fee was paid. Any seasonalresort restaurant upon resuming business for its season of operation shallnot be considered a new establishment for purposes of issuing a temporarylicense. Nothing in this subsection shall prohibit a seasonal resortrestaurant from becoming a resort restaurant upon application, payment offees, and compliance with the requirements of this chapter.
3. The times for opening and closing the establishments as fixed insection 311.290, the authority for the collection of fees by counties asprovided in section 311.220, and all other laws and regulations of thestate relating to the sale of liquor by the drink for consumption on thepremises where sold shall apply to resorts in the same manner as they applyto establishments licensed under section 311.090.
4. Any new resort or restaurant establishment having been inoperation for less than ninety days may be issued a temporary license tosell intoxicating liquor by the drink at retail for consumption on thepremises for a period not to exceed ninety days if the resort or restaurantestablishment can show a projection of an annual gross receipts of not lessthan seventy-five thousand dollars per year with at least fifty thousanddollars of such gross receipts from nonalcoholic sales. The license feeshall be prorated for the period of the temporary license based on the costof the annual license for the establishment.
