311.080. Sale of liquor prohibited near schools and churches, exceptions.

MISSOURI STATUTES AND CODES

311.080. Sale of liquor prohibited near schools and churches, exceptions.

Sale of liquor prohibited near schools and churches, exceptions.

311.080. 1. No license shall be granted for the sale of intoxicatingliquor, as defined in this chapter, within one hundred feet of any school,church or other building regularly used as a place of religious worship,unless the applicant for the license shall first obtain the consent inwriting of the board of alderman, city council, or other proper authoritiesof any incorporated city, town, or village, except that when a school,church or place of worship shall hereafter be established within onehundred feet of any place of business licensed to sell intoxicating liquor,the license shall not be denied for this reason. Such consent shall not begranted until at least ten days' written notice has been provided to allowners of property within one hundred feet of the proposed licensedpremises.

2. The board of aldermen, city council or other proper authorities ofany incorporated city, town or village may by ordinance prohibit thegranting of a license for the sale of intoxicating liquor within a distanceas great as three hundred feet of any school, church, or other buildingregularly used as a place of religious worship. In such cases, and wherethe ordinance has been lawfully enacted, no license of any character shallbe issued in conflict with the ordinance while it is in effect; except,that when a school, church or place of worship is established within theprohibited distance from any place of business licensed to sellintoxicating liquor, the license shall not be denied for this reason.

3. Subsection 1 of this section shall not apply to a license issuedby the supervisor of alcohol and tobacco control for the sale ofintoxicating liquor pursuant to section 311.218 or to a license issued toany church, school, civic, service, fraternal, veteran, political, orcharitable club or organization which has obtained an exemption from thepayment of federal taxes.

4. Subsection 1 of this section shall not apply to any premisesholding a license issued before January 1, 2004, by the supervisor ofalcohol and tobacco control for the sale of intoxicating liquor. To retaina license under this subsection, the licensed premises shall not changelicense type, amend the legal description, or be without a liquor licensefor more than ninety days.