Opinion letter to the Honorable Lloyd J. Baker

OPINION NO. 32 (1965) OPINION NO. 408 ~1964) Answered by Letter- Finnegan January 20 ~ 1965 Fl LED Honorable Lloyd J. Baker Representative, Randolph County Route #3 Moberly, Missouri Dear Mr. Baker: 32 f Your predecessor in office recently requested an opinion ot this ottiee concerning the sale ot 11quor by-the~r1nk in Moberly, Missourt. The tirst question a.aked was lthether the city council could l1m1 t the number of licenses to sell liquor by•the•dl"ink . Sec- tion 3U. 090, RSMo, authorizing the sa.le of liquor by•the-dr1nk provides that the applicant be QUalified as tollows : "Any person Who possesses the qualifications required by this chapter t and a ~eets the requirements ot and eop!RJ.ies hhe provi• s1ons of this chapter. and tHe OPdi!l@:nees , ru1e-s~d ref!lations of the liicom oriled cttx ~c auCh l icense& ¥roposes io 6Rer- ate1ila business. I!Uby applY or and the su- pervisor ot liquor 110ntrol may issue a license to aell intoxicating liquor • • • by the drink • • • • *' [Emphasis s~p~ied .) Thus a oity may make ordinances~ rules and regulations concerning the qualifications ot an applicant f'or a license tor the sal.e of 11qu.or by .. the-drink. A oi ty ma.y not, however~ proh1b1 t the sale of intoxi.cating liquor within its boundariea by ordinance~ rule or regulation, but may' limit the nl.DDb:er of lioenses to sell llquor by- the- drink, if' such limitation is n.ot un.reasonabl.e, unjust or unduly oppressive or unfairly' diser!Jdnating. See State v. Womeh, Mo. , 196 8 . W. 2d 809, ldlich he1d 'that a c1 ty may l!inl'€ , e number or original paekage liquor lio~ses . The rea.aoning in the ease applies to ~ liquor by-the- drink lieense as well. Honorable Lloyd J. Baker -2- The second question concerned the number of signatures required on the petition t o call an election on the question ot whether or not liquor by- the- drLnk shal1 be sold 1n a city. This question has been answered in an opinion t o the Honorable Raymond H. Voge1, under date of June 25, 1951, which is en- closed. Enclosure Very trul.y yours , IOBMAN H. ABDkRSoR' Attorney General