[R.O. 2007 §600.010; CC 1978 §600.010; Ord. No. 237 §2, 11-7-1961]
Unless the context indicates that a different meaning is intended,
the following words and phrases shall have the meanings ascribed to
- CLOSED PLACE
- A place where all doors are locked and where no patrons are
in the place or about the premises.
- INTOXICATING LIQUOR
- Alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented, malt, or other liquors, or combination of liquors, a part
of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes, containing in excess of one-half
of one percent (0.5%) by volume except for non-intoxicating beer as
defined in Section 312.010, RSMo. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter, but subject to inspection
as provided by Sections 196.365 to 196.445, RSMo.
- NON-INTOXICATING BEER
- Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt or other wholesome grains or cereals, and wholesome
yeast, and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
- ORIGINAL PACKAGE
- Any package containing 50 milliliters or more of intoxicating
liquor excepting malt liquor, or any package containing three (3)
or more standard bottles of malt liquor or non-intoxicating beer.
- Any individual, association, joint stock company, syndicate,
co-partnership, corporation, receiver, trustee, conservator or other
Officer appointed by any State or Federal Court.
[R.O. 2007 §600.020; CC 1978 §600.020; Ord. No. 237 §10, 11-7-1961]
It shall be unlawful for any person to manufacture, sell or
expose for sale, intoxicating liquor, or to manufacture, brew or sell
any non-intoxicating beer, in any quantity in the City without first
having obtained such license from the City as may be provided for
in this Chapter. A separate license shall be required for each place
[R.O. 2007 §600.030; CC 1978 §600.030; Ord. No. 237 §11, 11-7-1961; Ord. No. 409 §§1—3, 3-21-1972; Ord. No. 1113 §§1—2, 6-7-1984; Ord. No. 4993 §1, 4-13-2006; Ord. No. 5037 §1, 7-18-2006; Ord. No. 5863 §1, 3-14-2013]
kinds of licenses required which shall be issued by the City and the
annual license fees therefor by the City shall be as follows:
Sunday sales original package. Retail sold direct
to the consumer, not for resale and not for consumption on the premises
during the hours allowed for Sunday sales: $300.00.
Sunday sales by the drink. Retail liquor by the
drink for consumption on the premises where sold during the hours
allowed for such Sunday sales: $300.00.
Liquor by the drink—full liquor license. Retail
all intoxicating liquor and original package for consumption on the
premises where sold: $450.00.
5% beer and light wine. Fourteen percent (14%) by
weight for consumption on the premises where sold by the drink: $75.00.
5% beer and light wine—original package. Fourteen
percent (14%) by weight in the original package not for consumption
on the premises sold direct to the consumer, not for resale: $75.00.
Original package retail—full liquor license. Retail, not for consumption on the premises, sold direct to the
consumer, but not for resale: $450.00.
Liquor wholesale—solicitor license. Selling
to duly licensed wholesalers and soliciting orders: $300.00.
Microbrewery license. For a business whose primary
activity is the brewing and selling of beer, with an annual production
of ten thousand (10,000) barrels or less: $150.00.
Beer/liquor by the drink caterer's license. Retail
for consumption on the premises: $10.00/day.
5% beer by the drink. (Includes Sunday sales) not
to exceed five percent (5%) by weight for consumption on premises
where sold: $75.00.
5% beer original package. (Includes Sunday sales)
not for consumption on the premises and not for resale: $75.00.
Beer/liquor by the drink picnic license. Liquor
by the drink for consumption on the premises where sold. Issued to
any church, school, civic service, fraternal, veteran, political or
charitable club or organization for the sale at a picnic, bazaar,
fair or similar gathering: $37.50.
Liquor by the drink extension of premise. Retail
all intoxicating liquor for consumption on the premises. Extension
of premises shall be for special events to be held in the area touching
the front door of the establishment only: $37.50.
Beer only original package. Original packages, sold
directly to consumer, not for consumption on the premises and not
for resale (includes Sundays): $75.00.
COL—consumption liquor license. Permits a
person operating a business where food, beverages, entertainment and/or
use of the facility are provided for compensation to allow others
who use such premises to consume intoxicating liquor: $90.00.
Wine tasting. Permits a person licensed to sell
intoxicating liquor in the original package at retail to conduct wine
and distilled spirit tastings on the licensed premises: $37.50.
Missouri wine by the drink. Permits a person to
sell intoxicating liquor by the drink at retail for consumption on
the premises where sold, but seventy-five percent (75%) or more of
the intoxicating liquor sold by such licensed person shall be Missouri-produced
wines received from manufacturers licensed under Missouri State Statute
311.190. Such premises may remain open between the hours of 6:00 A.M.
and Midnight, Monday through Saturday, and between the hours of 11:00
A.M. and 9:00 P.M. on Sundays: $450.00.
fees for liquor licenses set forth in this Section shall be waived
for organizations that have been designated as one (1) of the following
organizations by the Internal Revenue Service: 501(c)(3) (charitable
and religious organizations), 501(c)(4) (civic and social welfare
organizations), 501(c)(8) (fraternal beneficiary societies, orders
or associations), 501(c)(10) (domestic fraternal societies, orders
or associations), and 501(c)(19) (a post or organization of past or
present members of the Armed Forces of the United States).
restaurant bar, without an on-site brewery, that serves twenty (20)
or more different types of draft beer may sell thirty-two (32) fluid
ounces or more of such beer to customers for consumption off the premises
of such restaurant. As used in this Section, the term "restaurant
bar" means any establishment having a restaurant or similar
facility on the premises at least fifty percent (50%) of the gross
income of which is derived from the sale of meals or food both prepared
on the premises and consumed on such premises.
[R.O. 2007 §600.040; CC 1978 §600.040; Ord. No. 237 §12, 11-7-1961; Ord. No. 5863 §2, 3-14-2013]
person shall be granted a license under this Chapter unless such person
has obtained a business license from the City of O'Fallon and has
maintained such business license in good standing. No person shall
be granted a license under this Chapter unless such person has received
all required land use approvals, including a conditional use permit,
from the City of O'Fallon.
person shall be granted a license under this Chapter unless such person
is of good moral character and a qualified legal voter and taxpaying
citizen of a County, Town, City or Village where he/she resides in
this State. No partnership or corporation shall be granted a license
under this Chapter unless the managing partner or officer of such
partnership or corporation is of good moral character and a qualified
voter of this State. No person shall be granted a license under this
Chapter whose license as such dealer has been revoked, or who has
been convicted since the ratification of the 21st Amendment to the
Constitution of the United States of a violation of the provisions
of any law applicable to the manufacture or sale of intoxicating liquor
or non-intoxicating beer, or who employs in his/her business as such
dealer any person whose license has been revoked or who has been convicted
of violating such law since the date aforesaid.
[R.O. 2007 §600.050; CC 1978 §600.050]
license issued under this Chapter shall be transferable or assignable
except as provided in this Section. In the event of the death of the
licensee the surviving spouse or next of kin of such deceased licensee,
who shall meet the other requirements of this Chapter, may make application
and the City Council may order the transfer of such license to permit
the operation of the business of the deceased for the remainder of
the period for which a license fee has been paid by the deceased.
No executor, administrator, receiver, assignee, trustee or guardian
may sell any intoxicating liquor belonging to the estate over which
he/she has control except to a licensed wholesaler or retailer.
one (1) or more members of a partnership withdraw from the partnership,
the City Council, upon request, shall permit the remaining one (1)
or more partners originally licensed to continue to operate for the
remainder of the period for which the license fee was paid.
NOTICE OF CHANGE
Ordinance No. 6411 was approved by the City Council on December 14, 2017, that amends Chapter 600 to establish a process for administrative approval of all liquor license renewals upon favorable investigation and review. All renewals will no longer have to have City Council approval. To see this ordinance in its entirety, go to legislation to look up Ordinance 6411.
[R.O. 2007 §600.060; CC 1978 §600.060; Ord. No. 237 §14, 11-7-1961; Ord. No. 5863 §3, 3-14-2013; Ord. No. 6411, 12-14-2017]
license issued in compliance with this Chapter shall expire on June
thirtieth (30th) next succeeding the beginning date of such license
of the annual license tax to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months, part of a
month to be counted as one (1) month, remaining from the date of the
license to the next succeeding July first (1st).
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year.
In case of failure to submit the completed renewal application required under Subsection (B)
of this Section on or before the first (1st) day of May, there shall be added to the amount of the renewal fee a late charge of one hundred dollars ($100.00) from the second (2nd) day of May to the last day of May; a late charge of two hundred dollars ($200.00) if the renewal application is submitted on the first (1st) day of June to the last day of June; or a late charge of three hundred dollars ($300.00) if the renewal application is submitted after the last day of June.
licenses granted in renewal of a license expiring on June thirtieth
(30th) of any year shall be granted and issued for the period of one
(1) year beginning on July first (1st) of the year in which granted
and issued and shall expire on June thirtieth (30th) of the next succeeding
license shall be given a beginning date prior to the day of approval
of application and granting of such license as provided in this Chapter.
[R.O. 2007 §600.070; CC 1978 §600.070; Ord. No. 237 §15, 11-7-1961; Ord. No. 6411, 12-14-2017]
No license required by this Chapter shall be granted unless
application has been made as required in this Chapter.
[R.O. 2007 §600.080; CC 1978 §600.080; Ord. No. 237 §16, 11-7-1961; Ord. No. 5863 §4, 3-14-2013; Ord. No. 6411, 12-14-2017]
applications for licenses under the provisions of this Chapter shall
be made in writing and submitted to the City Clerk. Each application
shall set forth the following information:
Designation of the kind of license desired;
Description of the premises to which such license is to apply and
the location or address thereof;
Name, place of residence and mailing address of the person, individual,
association, partnership, or corporation for whom a license is sought;
If the applicant is a partnership or corporation, the name, place
of residence and mailing address for each partner or member of the
Board of Directors;
Name, place of residence and mailing address of the managing officer
who shall be responsible for the day-to-day operation of the establishment;
Dates and places of all revocation of liquor licenses and all convictions
of any law applicable to the manufacture or sale of intoxicating liquor,
Such other information as required by the Sate of Missouri or required
by the City Clerk for the purpose of proper administration.
[R.O. 2007 §600.090; CC 1978 §600.090; Ord. No. 237 §17, 11-7-1961; Ord. No. 6411, 12-14-2017]
Chief of Police shall supervise an investigation which is focused
on the propriety of granting a new license or renewing an existing
license considering the validity of the statements made in the application,
the applicant's history of compliance with applicable law, violations
attributed to the establishment, and other factors relating to the
standards of issuance. The investigation for each application shall
be in a form and as extensive as the Chief of Police deems appropriate.
The Police Department is not required to conduct an investigation
of any person who has submitted an incomplete application packet.
conclusion of the investigation on applications where no concerns
were found, the Police Department will convey that fact to the City
Clerk. For each application presenting concerns the Police Chief shall
report that in writing to the City Clerk and shall indicate a recommendation
for approval or denial. Any recommendation for denial of the application
shall include a justification based on the standards for approval
Police Department's findings shall be provided to the City Clerk no
later than thirty (30) days from the date that the application was
submitted to the City Clerk.
[R.O. 2007 §600.100; CC 1978 §600.100; Ord. No. 237 §18, 11-7-1961; Ord. No. 6411, 12-14-2017]
At the time of filing application for a license under the provisions
of this Chapter, the applicant shall place in the hands of the City
Clerk the amount of license fee for the license applied for, either
in cash, or bank draft, money order, certified check or cashier's
check, made payable to the City. No license shall be granted unless
such deposit of the license fee has been made. If the license is not
granted, the amount of license fee shall be refunded to the applicant.
If the license is granted, such amount deposited with the application
shall be turned over to the Director of Finance whose receipt therefor
shall be given to the applicant, together with the license issued.
[R.O. 2007 §600.110; CC 1978 §600.110; Ord. No. 237 §19, 11-7-1961; Ord. No. 6411, 12-14-2017]
applications for new liquor licenses together with the Police Chief's
report, shall be presented to the City Council immediately upon receipt
of the Police Chief's report and scheduled for action at the Council's
next meeting. Upon approval of an application by a majority of the
members elected to the City Council, the City Clerk shall issue the
license. If the City Council fails to approve such license no license
shall be issued.
respect to all renewals of existing liquor licenses where no concerns
were revealed in the Police Department's investigation the City Clerk
shall renew such liquor licenses except that the City Clerk, in his
or her discretion, may refer one (1) or more such renewals to the
City Council for action. Any such referral shall be made to the City
Council and scheduled for action at a Council meeting prior to expiration
of the existing license. Upon approval of a referred application by
a majority of the members elected to the City Council, the City Clerk
shall issue the license. If the City Council fails to approve a renewal,
no license shall be issued.
applications for renewal of existing liquor licenses that involve
concerns noted in the Police Department's investigation shall be referred
to the City Council immediately upon receipt of the Police Chief's
report and scheduled for action at the Council's next meeting. Upon
approval of a renewal application by a majority of the members elected
to the City Council, the City Clerk shall issue the license. If the
City Council fails to approve a renewal, no license shall be issued.
[R.O. 2007 §600.120; CC 1978 §600.120; Ord. No. 237 §20, 11-7-1961; Ord. No. 6411, 12-14-2017]
Each license granted shall describe the kind of license, the
license fee, the premises on which sale is to be made, the name of
the license holder, the date of issuance and period of time for which
such license is granted.
[Ord. No. 5421 §1, 2-12-2009]
license shall be granted for the sale of intoxicating liquor, as defined
in this Chapter, within three hundred (300) 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
in writing of the City Council, except that when a school, church
or place of worship shall hereafter be established within three hundred
(300) feet of any place of business licensed to sell intoxicating
liquor, the license shall not be denied for this reason. Such consent
shall not be granted until at least ten (10) days' written notice
has been provided to all owners of the property within three hundred
(300) feet of the proposed licensed premises.
of this Section shall not apply to a license issued by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor pursuant to Section 311.218, RSMo., or to a license issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization which has obtained an exemption from the payment of Federal taxes.
of this Section shall not apply to any premises holding a license issued before January 1, 2009, by the Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor. To retain a license under this Subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety (90) days.
[R.O. 2007 §600.140; CC 1978 §600.150; Ord. No. 237 §23, 11-7-1961; Ord. No. 5863 §5, 3-14-2013]
City Council, following a hearing, may suspend, revoke or otherwise
discipline any license issued under this Chapter for any of the following
Failure to keep an orderly place or house or causing, maintaining
or assisting in the cause or maintenance of a nuisance, whether public
Failure to comply or any violation of any provision of this Chapter
or the regulations promulgated under the authority of this Chapter;
Violation of the terms and conditions upon which the license was
Violation of any ordinance of the City regulating the licensee;
Violation of any other Federal, State or local law or regulation
pertaining to the licensee or the activities associated with the sale
of alcoholic beverages;
Failure of the licensee to pay any tax, fee, fine or other governmental
charge required by law;
Illegal or improper issuance of the license;
Any misrepresentation or false statement in the application for such
Failure to maintain an appropriate business license issued by the
Failure to obtain a similar license from the State or County Supervisor
of Liquor Control or suspension, revocation or other discipline of
licensee's State or County liquor license.
to the imposition of any discipline, the City Council shall first,
upon motion of the City Council, direct a notice of the date, time
and place of such hearing, setting forth the grounds upon which such
license is sought to be revoked, and commanding the licensee to appear
and show cause why such license should not be revoked. Such notice
shall be served by the Chief of Police upon the licensee, or upon
an officer of the licensee if a corporation, or upon any employee
of the licensee at the time of service in charge of the place of business
licensed. The licensee shall have the right to have counsel and to
produce witnesses in his/her own behalf in such hearing. Such hearing
shall be conducted as other City Council proceedings are conducted.
No license shall be revoked or suspended except upon vote therefor
by a majority of the members elected to the City Council, the Mayor
having no vote except in case of a four (4) to four (4) tie vote by
the members elected to the City Council.
[R.O. 2007 §600.150; CC 1978 §600.160; Ord. No. 237 §24, 11-7-1961]
In case any license issued under the provisions of this Chapter
is revoked, surrendered or forfeited by the licensee, not used or
used for only part of the license period, after the effective beginning
date of such license, no refund of any license fee or part thereof
shall be made.
[R.O. 2007 §600.160; CC 1978 §600.180; Ord. No. 453 §1, 9-6-1973; Ord. No. 1184 §10, 1-17-1985; Ord. No. 1591 §2, 5-17-1988; Ord. No. 3564 §1, 7-21-1997; Ord. No. 3585 §1, 9-8-1997; Ord. No. 3978 §1, 11-8-1999; Ord. No. 4568 §§1—2, 9-26-2003; Ord. No. 5863 §6, 3-14-2013]
Operating Hours, Days. No person having a license issued
pursuant to this Chapter, nor any employee of such person shall sell,
give away or permit the consumption of, any intoxicating liquor or
non-intoxicating beer in any quantity between the hours of 1:30 A.M.
and 6:00 A.M. on weekdays, and between the hours of 1:30 A.M. on Sunday
and 6:00 A.M. on Monday, upon or about his/her premises, except as
otherwise authorized and licensed for Sunday sales. Any person licensed
to sell intoxicating liquor or non-intoxicating beer by the drink
shall keep a closed place during the aforementioned prohibited times.
such licenses authorizing the sale of intoxicating liquor by the drink
are held by clubs or hotels, this Section shall apply only to the
room or rooms in which intoxicating liquor is dispensed; and where
such licenses are held by restaurants whose business is conducted
in one (1) room only and substantial quantities of food and merchandise
other than intoxicating liquors are dispensed, then the licensee shall
keep securely locked during the hours and on the days herein specified
all refrigerators, cabinets, cases, boxes and taps from which intoxicating
liquor is dispensed. Any person violating any provision of this Section
shall be deemed guilty of a misdemeanor.
for which a Sunday sales license has been granted may sell intoxicating
liquor between the hours of 9:00 A.M. and Midnight on Sunday.
[R.O. 2007 §600.165; Ord. No. 4891 §§1—3, 8-16-2005]
no time, under any circumstances, shall any licensee or his/her employees
immediately fail to prevent or suppress any violent quarrel, disorder,
brawl, fight or other improper or unlawful conduct of any person upon
the licensed premises, nor shall any licensee or his/her employees
allow any indecent, profane or obscene language, song, entertainment,
literature or advertising material upon the licensed premises.
the event that a licensee or his/her employees knows or should have
known that an illegal or violent act has been committed on or about
the licensed premises, they immediately shall report the occurrence
to the O'Fallon Police Department and shall cooperate with the O'Fallon
Police Department during the course of any investigation into an occurrence.
No retail licensee or his/her employee shall permit in or upon his/her
[Ord. No. 6294 §1, 1-12-2017]
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law;
The displaying of any portion of the areola of the female breast
or the failure to cover the entire areola and entire front of a female
breast with opaque clothing;
The actual or simulated touching, caressing or fondling of the
breast, buttocks, anus or genitals;
The actual or simulated displaying of the pubic hair, anus,
vulva or genitals or the failure to cover pubic hair, anus, vulva
or genitals with opaque clothing;
The permitting by a licensee of any person to remain in or upon
the licensed premises who exposes to public view any portion of his/her
genitals or anus or has failed at any time to have and keep opaque
clothing over all parts of his/her genitals and anus; and
The displaying of films, video programs or pictures depicting
acts, the live performances of which are prohibited by this Chapter.
at all times are responsible for the conduct of their business and
at all times are directly responsible for any act or conduct of any
employee on the premises which is in violation of any of the provisions
of this Chapter.
licensees shall allow the licensed premises and all portions of the
buildings of the premises, including all rooms, cellars, outbuildings,
passageways, closets, vaults, yards, attics and all buildings used
in connection with the operations carried on under the license and
which are in their possession or under their control, and all places
where they keep or have liquor stored to be inspected by the City
Clerk and his/her agents. Licensees shall cooperate fully with the
City Clerk and his/her agents during the inspection.
[R.O. 2007 §600.170]
Any licensee under this Chapter, or his/her employee, who shall
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, or to any person intoxicated or appearing to be in a state
of intoxication, or to a habitual drunkard, and any person whomsoever
except his/her parent or guardian who shall procure for, sell, give
away or otherwise supply intoxicating liquor to any person under the
age of twenty-one (21) years, or to any intoxicated person or any
person appearing to be in a state of intoxication, or to a habitual
drunkard, shall be deemed guilty of an offense, except that this Section
shall not apply to the supplying of intoxicating liquor to a person
under the age of twenty-one (21) years for medical purposes only,
or to the administering of such intoxicating liquor to any person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor when serving in
the capacity as an employee of a licensed establishment.
[R.O. 2007 §600.180]
Except as provided in Subsections (B)
of this Section, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor or non-intoxicating beer.
any place of business licensed in accordance with Section 311.200,
RSMo., or Section 312.040, RSMo., persons at least eighteen (18) years
of age may stock, arrange displays, operate the cash register or scanner
connected to a cash register and accept payment for, and sack for
carryout, intoxicating liquor or non-intoxicating beer. Delivery of
intoxicating liquor or non-intoxicating beer away from the licensed
business premises cannot be performed by anyone under the age of twenty-one
(21) years. Any licensee who employs any person under the age of twenty-one
(21) years, as authorized by this Subsection, shall, when at least
fifty percent (50%) of the licensee's gross sales does not consist
of non-alcoholic sales, have an employee twenty-one (21) years of
age or older on the licensed premises during all hours of operation.
any distillery, warehouse, wholesale distributorship, or similar place
of business which stores or distributes intoxicating liquor or non-intoxicating
beer but which does not sell intoxicating liquor or non-intoxicating
beer at retail, persons at least eighteen (18) years of age may be
employed and their duties may include the handling of intoxicating
liquor or non-intoxicating beer for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail.
eighteen (18) years of age or older may, when acting in the capacity
of a waiter or waitress, accept payment for or serve intoxicating
liquor or non-intoxicating beer in places of business which sell food
for consumption on the premises if at least fifty percent (50%) of
all sales in those places consists of food; provided that nothing
in this Section shall authorize persons under twenty-one (21) years
of age to mix or serve across the bar intoxicating beverages or non-intoxicating
[R.O. 2007 §600.190; CC 1978 §600.220; Ord. No. 237 §7a, 11-7-1961]
Any person of the age of seventeen (17) years and under the
age of twenty-one (21) years who shall represent that he/she has attained
the age of twenty-one (21) years for the purpose of purchasing, asking
for or in any way receiving any intoxicating liquor, except in cases
authorized by law, shall upon conviction be deemed guilty of a misdemeanor.
Any person under the age of seventeen (17) years who shall represent
that he/she has attained the age of twenty-one (21) years for the
purpose of purchasing, asking for or in any way receiving any intoxicating
liquor, except in cases authorized by law, may be considered a delinquent
child and may be dealt with in accordance with the provisions of Chapter
[R.O. 2007 §600.200; CC 1978 §600.230; Ord. No. 237 §7b, 11-7-1961; Ord. No. 4574 §1, 10-15-2003; Ord. No. 5153 §1, 3-8-2007]
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase or has in his/her possession any intoxicating liquor as defined in Section 600.010
, or who is visibly in an intoxicated condition as defined in Section 342.010
, or has a detectable blood alcohol content of two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor.
purposes of prosecution under this Section or any other provision
of this Chapter involving an alleged illegal sale or transfer of intoxicating
liquor to a person under twenty-one (21) years of age, a manufacturer-sealed
container describing that there is intoxicating liquor therein need
not be opened or the contents therein tested to verify that there
is intoxicating liquor in such container. The alleged violator may
allege that there was not intoxicating liquor in such container, but
the burden of proof of such allegation is on such person, as it shall
be presumed that such a sealed container describing that there is
intoxicating liquor therein contains intoxicating liquor.
[R.O. 2007 §600.210; CC 1978 §600.240; Ord. No. 237 §8, 11-7-1961]
Intoxicating liquor sold at retail in original packages only
shall not be consumed on the premises where sold, nor shall the original
packages be opened on the premises of the vendor.
[R.O. 2007 §600.220; CC 1978 §600.250; Ord. No. 237 §9, 11-7-1961]
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor under a license pursuant
to this law, or intoxicating liquor lawfully acquired at the place
of acquisition and legally transported into this State, and lawfully
inspected, gauged and labeled as provided for in this law; such intoxicating
liquor to be used in connection with the business of a druggist, in
compounding medicines or as a solvent or preservant; provided, that
nothing in this law shall prevent a regularly licensed druggist, after
he/she procures a license therefor in compliance with this law, from
selling intoxicating liquor in the original packages, but not to be
drunk or the packages opened on the premises where sold; and provided
further, that nothing in this Chapter shall be construed as limiting
the right of a physician to prescribe intoxicating liquor in accordance
with his/her professional judgment for any patient at any time, or
prevent a druggist from selling intoxicating liquor to a person on
prescription from a regularly licensed physician as above provided.
[R.O. 2007 §600.230; CC 1978 §600.260; Ord. No. 237 §10, 11-7-1961]
Any person violating any of the provisions of this Chapter,
except where some penalty is otherwise provided, shall upon conviction
thereof be adjudged guilty of an offense and punished by a fine not
to exceed five hundred dollars ($500.00) or imprisonment not to exceed
three (3) months or both such fine and imprisonment.