(A) Special elections to determine whether intoxicating liquor may be sold by drink, how conducted. Upon application by petition signed by one-fifth of the voters of any incorporated city who are qualified to vote for members of the legislature in such incorporated city of this state, the Board of Aldermen or other proper officials of such incorporated city shall submit the question to the voters of the incorporated city to determine whether or not intoxicating liquor, as defined in this subchapter, other than malt liquor containing not to exceed 5% of alcohol by weight shall be sold, furnished, or given away within the corporate limits of such incorporated city; and the result thereof shall be entered upon the records of such Board of Aldermen or other proper officials, provided further, that the Board of Aldermen or other proper officials shall determine the sufficiency of the petition presented by the poll books of the last previous city election.
(B) Question to be voted upon. The question shall be submitted in substantially the following form:
“Shall intoxicating liquor, containing alcohol in excess of 5% by weight, be sold by the drink at retail for consumption on the premises where sold?”
(C) Result of election, favorable vote. If a majority of the votes cast on the question be for the sale of intoxicating liquor, containing alcohol in excess of 5% by weight, by the drink at retail for consumption on the premises where sold, such intoxicating liquors may be sold under the provisions of existing laws regulating the sale thereof and the procuring of a license for that purpose; and if a majority of the votes cast on the question be against the sale of intoxicating liquor, containing alcohol in excess of 5% by weight, by the drink at retail for consumption on the premises where sold, the Board of Aldermen or other proper authorities of such incorporated city submitting the question shall publish the result once a week for four consecutive weeks in the same newspaper in which the notice of submission of the question was published, and the provisions of this subchapter shall take effect and be in force from and after the date of the last insertion of the publication last above referred to; and provided further, that no license to sell intoxicating liquor, by the drink at retail for consumption on the premises where sold, other than malt liquor containing not to exceed 5% of alcohol by weight, shall be granted during the time of publication last above mentioned; provided further, that this division (C) shall not be construed to interfere with any license issued before the date of the filing of the petition for the submission of the question, but such license may run until the date of its expiration and shall not be renewed. The election in this section provided for, and the result thereof, may be contested in the same manner as is now provided for by law for the contest of elections of county officers in this state, by any voter of such incorporated city in which said election shall be held, by an action to contest, and which shall be brought against the city holding such election.
(D) Result of election, unfavorable vote. If a majority of the votes cast on the question held under the provisions of this subchapter shall be against the sale of intoxicating liquor containing alcohol in excess of 5% by weight, by the drink at retail for consumption on the premises where sold, it shall not be lawful for any person within the limits of such incorporated city to, directly or indirectly, sell, give away, or barter in any manner whatever intoxicating liquor, by the drink at retail for consumption on the premises where sold, except malt liquor, containing alcohol not to exceed 5% by weight, under proper license, in any quantity whatever, under the penalties prescribed in this subchapter.
(E) Question may be resubmitted. Whenever the question submitted in this section provided for has been decided for or against the sale of intoxicating liquor containing alcohol in excess of 5% by weight, by the drink at retail for consumption on the premises where sold, then the question shall not be again submitted within four years next thereafter in the same incorporated city, and then only on a petition and in every respect conforming to the provisions of this law.
(Ord. 89-45, passed 3-20-1989) Penalty, see § 111.99
Statutory reference:
Similar provisions, RSMo. §§ 311.110, 311.130, 311.140, 311.150, 311.160