Section 600.210 Consumption, Etc., of Intoxicating Liquor On Premises When Sold At Retail in Original Package.
[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 them:
- 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.
- City of O'Fallon Liquor License
- Created: 2014-08-13|Updated: 2017-03-22
Print and mail this application: City of O'Fallon Liquor License Application
or apply online here: City of O'Fallon Online Liquor License Application
[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 of business.
[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]
The 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.
The 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).
Any 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]
No 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.
No 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]
No 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.
Whenever 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.
[R.O. 2007 §600.060; CC 1978 §600.060; Ord. No. 237 §14, 11-7-1961; Ord. No. 5863 §3, 3-14-2013]
Each 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).
Applications 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.
All 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 year. No license shall be given a beginning date prior to the day of approval of application and granting of such license by the City Council.
[R.O. 2007 §600.070; CC 1978 §600.070; Ord. No. 237 §15, 11-7-1961]
No license required by this Chapter shall be granted by the City Council 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]
All applications for licenses under the provisions of this Chapter shall be made in writing to the City Council and 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 and non-intoxicating beer licenses and all convictions of any law applicable to the manufacture or sale of intoxicating liquor or non-intoxicating beer since the ratification of the 21st Amendment to the Constitution of the United States, if any;
Term of license;
Signature of applicant;
Such other information as required by the state 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]
Applications for licenses under the provisions of this Chapter shall be filed with the City Clerk, the date of filing being noted thereon by the City Clerk, and shall be presented to the City Council at its first regular or special meeting thereafter.
[R.O. 2007 §600.100; CC 1978 §600.100; Ord. No. 237 §18, 11-7-1961]
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 or the City Collector. No license shall be granted by the City Council 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 City Collector 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]
No application for a license, whether for a new license, or in renewal of any license previously held by the applicant, shall be finally approved or granted by the City Council for at least ten (10) days after filing of any such license application.
[R.O. 2007 §600.120; CC 1978 §600.120; Ord. No. 237 §20, 11-7-1961]
No license applied for pursuant to this Chapter shall be granted unless and until a majority of the members elected to the City Council shall vote in favor thereof. Upon a vote granting the license applied for, the City Clerk shall issue such license, which 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]
No 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.
Subsection (A) 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.
Subsection (A) 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]
The City Council, following a hearing, may suspend, revoke or otherwise discipline any license issued under this Chapter for any of the following reasons:
Failure to keep an orderly place or house or causing, maintaining or assisting in the cause or maintenance of a nuisance, whether public or private;
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 issued;
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 license;
Failure to maintain an appropriate business license issued by the City; or
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.
Prior 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.
Where 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.
Establishments 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]
At 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.
In 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 licensed premises:
[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.
Licensees 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.
All 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]
In 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.
In 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.
Persons 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 beer.
[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 211, RSMo.
[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.
For 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.
Section 600.210 Consumption, Etc., of Intoxicating Liquor On Premises When Sold At Retail in Original Package.
[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.