Missouri Senate

House Committee Substitute

SECTION 72.080

This section repeals the provisions in Section 72.080, RSMo, which allow villages to incorporate in an alternative way rather than requiring a petition by two-thirds of the taxable inhabitants that is approved by the county commission, as is required by Section 80.020, RSMo.

Under the language being repealed, a city, town, or village may incorporate after a number equal to 15% of the registered voters petitions the county commission. The commission must submit the question to the voters for their approval. In order to qualify for incorporation a village need only have the ability to furnish normal municipal services if it has at least 100 inhabitants. The language creating a definition of "village" in Section 72.080, RSMo, is also repealed.

Any village incorporated under this section in Franklin County after August 28, 2007, and before August 28, 2008, shall be subject to and shall comply with all county building codes.

This section contains an emergency clause and a severability clause.

SECTIONS 190.450 & 190.451

Upon voter approval, the governing body of any charter county or county of the first classification may impose a fee of up to seventy-five cents on every wireless number from any wireless device capable of accessing the county 911 system. The revenue will be used only by the police department to fund the wireless enhanced 911 system.

SECTION 311.060

No liquor license shall be denied, suspended, or revoked based solely on the fact that an employee has one felony conviction unrelated to the manufacture or sale of alcohol or has two or more felony convictions unrelated to alcohol so long as the employee does not directly participate in the sale of alcohol. The Division of Alcohol and Tobacco Control promulgates rules to enforce these provisions. Such rules may include provisions regarding categories of offenders and offenses and the types of employment and activities in which different categories of offenders may engage.

This section is similar to SB 826 (2008).

SECTION 311.489

This section allows any Kansas City festival district's promotional association to obtain a permit to sell intoxicating liquor and nonintoxicating beer for consumption, and to conduct festival events, at the businesses and common areas within such district. The promotional association must submit a plan to the governing body of the city and receive approval in order to obtain the permit issued by the Supervisor of Alcohol and Tobacco Control. The festival district must provide certain information in their plan to the city, including a legal description of the district and its common area, information about participating businesses, the specific calendar of no more than twenty festival events and their times, a description of the proposed festival activities, including street closures, proof of adequate insurance, and a detailed security plan.

Such promotional association may permit customers to leave an establishment within the district after purchasing alcohol and consume the beverage in the district common areas or another establishment, but no person shall be allowed to take a alcoholic beverage outside the festival district boundaries.

If minors are allowed to enter the district, the applicant must ensure they are easily distinguishable from persons of legal age and the method of doing so must be submitted in the plan to the city. The permit holder is solely responsible for any alcohol violations occurring within the common areas. The promotional association may be assessed a civil fine of not more than $5,000 for a violation. If the association is found to be responsible for violations at three separate events, its permit shall be revoked and not reissued.

This section is similar to certain provisions of HCS/HB 913 (2007), SS/SCS/SB 616 (2007), and SCS/SB 1001 (2008).

SECTION 407.311

This section prohibits a business from listing a fictitious or assumed name in a local telephone directory or directory assistance database when: the name misrepresents the geographic location of the business; calls to the listed number are forwarded to a number outside the local calling area; when the business is located in a county that is not contiguous to any county in the local calling area; and additionally for telephone directories, when the phone listing does not identify the business' physical address.

Telephone companies or providers of telephone directories or directory assistance services are not liable for any such deceptive listing, provided the deceptive listing does not relate to their own businesses.

Violation of this section is a class B misdemeanor.

This section is similar to HB 1796 (2008) and SB 1114 (2008).

SECTIONS 573.525-573.540

These sections regulate sexually oriented businesses. No person shall establish a sexually oriented business within 1,000 feet of any school, house of worship, licensed day care facility, public library, public park, residence, or other sexually oriented business. Such businesses shall not remain open between the hours of midnight and 6:00 a.m., nor shall they sell alcohol on the premises. No one under the age of eighteen shall be allowed on the premises.

No person shall establish a sexually oriented business if a person with an influential interest in the business has been convicted of certain criminal acts.

These sections prohibits employees of sexually oriented businesses from engaging in certain activities, either in a nude or semi-nude state.

A sexually oriented business which exhibits films on the premises must meet certain requirements regarding the area where the films are shown.

Any person or entity violating these sections is guilty of a misdemeanor and shall be punished by a fine of up to $500 or imprisonment for not more than 90 days. Each day of violation shall be considered a separate occurrence.

Any such business repeatedly operated in violation of these sections shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the state.

SUSAN HENDERSON MOORE