[RSMo. §§311.030, 311.195; R.O. of 1943, Ch. 11, Art. I §1; Ord. No. 1092 §2, 8-12-1991; Ord. No. 1312 §2, 8-31-1999; Ord. No. 1835 §1, 2-14-2011]
The following words and terms shall have their prescribed meanings when used in this Chapter:
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.
MICROBREWERY
A business whose primary activity is the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less.
PERSON
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. of 1943, Ch. 11, Art. I §2]
It shall be unlawful for any person, firm, partnership or corporation or association to manufacture, sell or expose for sale, either at wholesale or at retail, in the City, intoxicating liquor, as herein defined, in any quantity without first having obtained a license from the City therefor except as otherwise herein provided.
[R.O. of 1943, Ch. 11, Art. I §3; Ord. No. 267 §1, 3-10-1947; Ord. No. 500 §§1 — 4, 6-8-1964; Ord. No. 700 §1, 6-21-1976; Ord. No. 1146 §1, 5-24-1993; Ord. No. 1181 §1, 5-4-1994; Ord. No. 1312 §2, 8-31-1999; Ord. No. 1408 §1, 11-10-2003; Ord. No. 1460 §1, 12-13-2004; Ord. No. 1489 §1, 4-11-2005; Ord. No. 1835 §1, 2-14-2011]
A. 
The licenses required and imposed under this Article shall be as follows:
1. 
For manufacturing, distilling or blending of intoxicating liquor in excess of three and two-tenths percent (3.2%) of alcohol by weight, the sum of twenty-five dollars ($25.00) per year.
2. 
For the sale of intoxicating liquors by wholesale in excess of three and two-tenths percent (3.2%) of alcohol by weight, the sum of twenty dollars ($20.00) per year.
3. 
For the sale of intoxicating liquor in excess of three and two-tenths percent (3.2%) of alcohol by weight at retail by the drink, glass, bottle, original package, case or keg, the sum of two hundred fifty dollars ($250.00) per year.
4. 
For a license authorizing the sale at retail in the original package of intoxicating liquor, the sum of eighty dollars ($80.00) per year.
5. 
For the sale of intoxicating liquor in excess of three and two-tenths percent (3.2%) of alcohol at retail for consumption by the drink on the premises of a "restaurant bar", as defined and authorized under Section 311.097, RSMo., during the hours authorized by Missouri law, a fee of one hundred dollars ($100.00) per year shall be paid in addition to the fee set by Subsection (3). The licensee shall be required to submit proof of qualifications of a "restaurant bar", as defined in Section 311.097, RSMo., when requested.
6. 
For the sale of malt liquor in excess of three and two-tenths percent (3.2%) alcohol by weight and not in excess of five percent (5%) by weight in the original package but not for resale, the sum of twenty-two dollars fifty cents ($22.50) per year.
7. 
For a license authorizing the sale at retail in the original package of intoxicating liquor on Sunday, between the hours authorized by Missouri law, provided that the licensee also possesses a license authorizing the sale at retail in the original package of intoxicating liquor on all other days, a fee in the amount of one hundred dollars ($100.00) per year.
8. 
For a license authorizing the manufacture of beer and malt liquor in quantities not to exceed ten thousand (10,000) barrels per annum, a fee in the amount of one hundred twenty-five dollars ($125.00) per year. In lieu of the charges provided in this Section, a license fee of five dollars ($5.00) for each one hundred (100) barrels or fraction thereof, up to a maximum license fee of one hundred twenty-five dollars ($125.00), shall be paid to and collected by the City Collector.
9. 
For a license authorizing the sale of malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight, by grocers and other merchants and dealers, in the original package, direct to consumers but not for resale, the sum of fifty dollars ($50.00) per year. The phrase "original package" shall be construed and held to refer to any package containing three (3) or more standard bottles of beer. Any person licensed pursuant to this Subsection may also sell malt liquor at retail between the hours of 9:00 A.M. and Midnight on Sunday.
10. 
For a temporary permit to caterers and other persons holding licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this Chapter, who furnish provisions and services for use at a particular function, occasion or event at a particular location other than the licensed premise, effective for a period not to exceed one hundred twenty (120) consecutive hours, which shall authorize the service of alcoholic beverages at such function, occasion or event during the hours at which alcoholic beverages may lawfully be sold or served upon the premises licensed to sell alcoholic beverages for on-premises consumption in the City. For every permit issued pursuant to this Section, the permittee shall pay the sum of fifteen dollars ($15.00) for each calendar day, or fraction thereof, for which the permit is issued. All provisions of the ordinances, rules and regulations of the City shall extend to such premises and shall be enforced and enforceable during all the time that the permittee, its agents, servants, employees or stock are in such premises.
[1]
State Law Reference — As to similar provisions, see RSMo. §311.220.
[Ord. No. 1312 §3, 8-31-1999]
A. 
Notwithstanding any other provision of this Chapter to the contrary, the holder of a microbrewer's license may apply for, and the City Clerk may issue upon authorization as otherwise provided in this Chapter for issuance of licenses, a license to sell intoxicating liquor by the drink at retail for consumption on the brewery premises and in the original package for off-premises consumption.
B. 
The holder of the microbrewer's license may also sell beer and malt liquor produced on the brewery premises to duly licensed wholesalers. However, holders of a microbrewer's license shall not, under any circumstances, directly or indirectly, have any financial interest in any wholesaler's business, and all such sales to wholesalers shall be subject to the restrictions of Sections 311.181 and 311.182, RSMo., and other applicable provisions of this Chapter.
[Ord. No. 867 §§1 — 4, 8-11-1981; Ord. No. 1806 §1, 1-11-2010; Ord. No. 1835 §1, 2-14-2011]
A. 
Malt liquor containing alcohol in excess of three and two-tenths percent (3.2%) by weight and not in excess of five percent (5%) by weight, manufactured from pure hops or pure extract of hops or pure barley malt or wholesome grains or cereals and wholesome yeast and pure water, or light wines containing not in excess of fourteen percent (14%) of alcohol by weight exclusively from grapes, berries or other fruits and vegetables, or both such malt liquor and wine, may be sold by the drink at retail for consumption on the premises where sold, when the person, partnership or corporation desiring to sell such malt liquor or wine, or both, by the drink at retail for consumption on the premises where sold shall have been licensed to do so as prescribed in this Article and in other applicable ordinances of the City of Hermann and the laws of the State of Missouri.
B. 
Every person who desires to sell malt liquor or wine, as provided above, by the drink at retail for consumption on the premises shall first obtain a license for such purposes by filing an application and meeting the standards otherwise provided for holders of licenses to sell alcoholic beverages as required by ordinances of the City of Hermann and by the laws of the State of Missouri.
C. 
For each license issued pursuant to this Article authorizing the sale of malt liquor and wine by the drink at retail for consumption on the premises where sold, there shall be paid to the City of Hermann a license fee in the amount of thirty-five dollars ($35.00) per year, payable in advance.
D. 
(Reserved)
[R.O. of 1943, Ch. 11, Art. I §5; Ord. No. 1806 §2, 1-11-2010]
Each license issued in compliance with this Article shall be for one (1) year from date of issue.
[R.O. of 1943, Ch. 11, Art. I §8]
No person, agent or employee of any person in any capacity shall sell intoxicating liquor in any other place than that designated in the license or at any other time or otherwise than is authorized by this Article and the regulations herein provided for.
[RSMo. §311.330]
It shall be unlawful for the holder of any license authorized by this Article for the sale of any intoxicating liquor at retail by the drink for consumption on the premises where sold, to keep or secrete, or to allow any other person to keep or secrete in or upon the premises described in such license, any intoxicating liquor, other than the kind of liquor expressly authorized to be sold by such license.
[R.O. of 1943, Ch. 11, Art. I §9]
No person shall possess intoxicating liquor within the City of Hermann unless the same has been acquired from some person holding a duly authorized license to sell the same, or unless the said intoxicating liquor is had or kept within the written or printed permission of the State Supervisor of Liquor Control and the package in which intoxicating liquor is contained and from which it is taken for consumption has, while containing intoxicating liquor, been labeled and sealed with the official seal prescribed under the State Law and the regulations made thereunder. Provided, further, that nothing in this Article shall be so construed as to prevent the natural fermentation of fruit juices in the home for the exclusive use of the occupants of the home and their guests.
[R.O. of 1943, Ch. 11, Art. I §10]
Any druggist may have in his possession intoxicating liquor purchased by him from a licensed vendor under a license pursuant to this Article 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 the Liquor Control Act of the State of Missouri; such intoxicating liquor to be used in the business of druggists in compounding medicines or as a solvent or preservant; provided that nothing in this Article shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his 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 and practicing physician.
[R.O. of 1943, Ch. 11, Art. I §11]
No person or his employee shall sell or supply intoxicating liquor or permit same to be sold or supplied to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor. Intoxicating liquor shall not be given, sold or otherwise supplied to any person under the age of twenty-one (21) years, but this shall not apply to supplying of intoxicating liquor to a person under said age for medicinal purposes only or by the parents or guardians of such person or to administering of said intoxicating liquor to said person by a physician. No person under the of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquors, except as permitted by State law.
[1]
State Law Reference — For similar provisions, see RSMo. §311.300.
[R.O. of 1943, Ch. 11, Art. I §13; Ord. No. 1806 §3, 1-11-2010]
On approval of the application by the Board of Aldermen and payment of the license tax hereinafter provided for, the City Clerk shall grant applicant a license to conduct business in the City as of the date the license is granted and continuing for one (1) year thereafter. A separate license shall be required for each place of business. Every license issued under the provisions of this Article shall particularly describe the premises at which intoxicating liquor may be sold at thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than described therein. Provided further, that the City Clerk shall not deliver to any person a license under this Article unless such person shall procure the receipt of the City Collector showing that the taxes levied on the same have been paid.
[R.O. of 1943, Ch. 11, Art. I §14; Ord. No. 1348 §1, 2-12-2001; Ord. No. 1406 §1, 10-13-2003; Ord. No. 1835 §1, 2-14-2011]
A. 
No person shall be granted a license under this Article unless such person is of good moral character and a citizen of the United States of America and a qualified legal voter and taxpaying citizen of the State of Missouri; and no person shall be granted a license or permit under this Article whose license for the manufacture or sale of intoxicating liquor has been revoked, or who has been convicted, since the ratification of the Twenty-First Amendment of the Constitution of the United States of America, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs or has employed in such applicant's business any person whose license has been revoked, or who has been convicted of violating provisions of any such law since the date of said ratification.
B. 
No license described in this Article shall be issued to or renewed for any natural person or business entity of any type if either the applicant therefor or the business entity for which the license is sought is at the time of filing the application or renewal in arrears for any unpaid tax, license, fee, fine, or other debt or monetary obligation due the City.
[Ord. No. 903 §2, 6-27-1983; Ord. No. 1835 §1, 2-14-2011]
Violation of any of the provisions of this Article shall be a misdemeanor. Any person convicted of a violation of any of the provisions of this Article shall immediately forfeit the license issued to such person. No person convicted of the violation of any provision of this Article, or of any other lawful ordinance of the City of Hermann, or any such law of the United States of America or the State of Missouri or any other State respecting the manufacture, distribution or sale of intoxicating liquor, shall be issued a license or renewal of a license.
[R.O. of 1943, Ch. 11, Art. I §19]
In case of revocation or forfeiture of any license granted and issued under the provisions of this Article for cause or otherwise, the City shall in no event return any part of the license fee paid for such license.
[Ord. No. 805 §3, 1-7-1980]
No license issued for the sale of intoxicating liquor shall be transferable or assignable except as herein provided. In the event of the death of a licensee, the widow or widower or next of kin of such deceased licensee, who shall meet the other requirements of a new licensee, may make application and the Board of Aldermen may transfer such license to permit the operation of the business of the deceased for the remainder of the period of which a license fee has been paid by the deceased. Whenever one (1) or more members of a partnership withdraws from the partnership, the Board of Aldermen, upon being requested, shall permit the remaining partner, or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.
[Ord. No. 735 §§1-3, 6-12-1978]
A. 
No license shall be issued for the sale of intoxicating liquor within the City for an establishment within three hundred (300) feet of any school, church or other building used as a place of religious worship unless consent in writing is first obtained from the board of directors or managing board of the institution.
B. 
This Section shall not apply to those places to sell already established.
C. 
A certified copy of this ordinance shall be sent to the Supervisor of Liquor Control Department of Revenue, State of Missouri.
[Ord. No. 871 §1, 12-21-1981]
Any applicant for a license to sell intoxicating liquor, as such term is defined in the ordinances of the City of Hermann, within the said City shall have the option of applying and paying for such license on a semi-annual basis, with the terms thereof to commence on the first (1st) days of January and July, respectively. Applications for licenses on such basis shall be made in the manner otherwise provided by ordinance. The cost thereof shall be one-half (½) of the cost of an annual license as may be prescribed by ordinance. Upon filing and approval of a proper application and payment of the requisite cost of an annual license, such license shall be issued by the City Clerk for the requested term.
[Ord. No. 929 §§1 — 5, 8-13-1984; Ord. No. 1408 §1, 11-10-2003; Ord. No. 1683 §1, 6-11-2007; Ord. No. 1835 §1, 2-14-2011]
A. 
Notwithstanding any other provisions of this Code, a permit for the sale of intoxicating liquor as defined in Section 311.020, RSMo., for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such intoxicating liquor at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor for more than seven (7) consecutive days by any such club or organization.
B. 
To secure the permit, the applicant shall complete a form provided by the City Clerk; however, no applicant shall be required to furnish a personal photograph as part of the application. The applicant shall pay a fee of twenty-five dollars ($25.00) for such permit.
C. 
If the event will be held on a Sunday, the permit shall authorize the sale of malt liquor on that day during the hours authorized by Missouri law.
D. 
At the same time that the applicant applies for a permit under the provisions of this Section, the applicant shall notify the Missouri Director of Revenue and the Clerk of the City of Hermann of the holding of the event and by such notification, by certified mail, shall accept responsibility for the collection and payment of any applicable sales tax. Any sales tax due shall be paid to the Director of Revenue within fifteen (15) days of the close of the event, and failure to do so shall result in a liability of triple the amount of tax due plus payment of the tax and denial for a period of three (3) years of any other permit to the applicant and the organization for which the permit was issued. Under no circumstances shall a bond be required by the applicant.
E. 
No provision of law or rule or regulation of the City of Hermann shall prevent any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the license at such picnic, bazaar, fair or similar gathering.
[Ord. No. 1851 §1, 6-27-2011; Ord. No. 1863 §1, 1-9-2012]
A. 
No person, partnership, association of persons or corporation shall manufacture, distill, blend, sell or offer for sale intoxicating liquor within this State at wholesale or retail, or solicit orders for the sale of intoxicating liquor within this State without procuring a license from the Supervisor of Alcohol and Tobacco Control authorizing them so to do. For such license, there shall be paid to and collected by the Director of Revenue annual charges as follows:
1. 
For the privilege of manufacturing and brewing in this State malt liquor containing not in excess of five percent (5%) of alcohol by weight and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquors containing not in excess of five percent (5%) of alcohol by weight to, by or through a duly licensed wholesaler within this State, the sum of two hundred fifty dollars ($250.00);
2. 
For the privilege of manufacturing in this State intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler within this State, the sum of two hundred dollars ($200.00);
3. 
For the privilege of manufacturing, distilling or blending intoxicating liquor of all kinds within this State and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds to, by and through a duly licensed wholesaler within this State, the sum of four hundred fifty dollars ($450.00);
4. 
For the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquor containing not in excess of five percent (5%) of alcohol by weight, to, by and through a duly licensed wholesaler within this State, the sum of seventy-five dollars ($75.00);
5. 
For the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler within this State, the sum of one hundred dollars ($100.00);
6. 
For the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds to, by and through a duly licensed wholesaler within this State, the sum of two hundred fifty dollars ($250.00);
7. 
For the privilege of selling intoxicating liquor containing not in excess of five percent (5%) of alcohol by weight by a wholesaler to a person duly licensed to sell such malt liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of malt liquor containing not in excess of five percent (5%) of alcohol by weight to, by or through a duly licensed wholesaler within this State, the sum of one hundred dollars ($100.00);
8. 
For the privilege of selling intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor containing not in excess of twenty-two percent (22%) of alcohol by weight to, by or through a duly licensed wholesaler within this State, the sum of two hundred dollars ($200.00);
9. 
For the privilege of selling intoxicating liquor of all kinds by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail and the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of intoxicating liquor of all kinds to, by or through a duly licensed wholesaler within this State, the sum of five hundred dollars ($500.00), except that a license authorizing the holder to sell to duly licensed wholesalers and to solicit orders for sale of intoxicating liquor to, by or through a duly licensed wholesaler shall not entitle the holder thereof to sell within the State of Missouri direct to retailers;
10. 
For the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of vintage wine as defined in Section 311.191, RSMo., to, by or through a duly licensed wholesaler within this State, the sum of five hundred dollars ($500.00).
B. 
Solicitors, manufacturers and blenders of intoxicating liquor shall not be required to take out a merchant's license for the sale of their products at the place of manufacture or in quantities of not less than one (1) gallon.
C. 
The provisions of this Section relating to the privilege of selling malt liquor are subject to and limited by other provisions contained in this Code.
D. 
The licenses prescribed in this Section for the privileges of selling intoxicating liquor by a wholesaler to a person duly licensed to sell such intoxicating liquor at retail shall allow such wholesaler to sell intoxicating liquor to licensees licensed by the Gaming Commission to sell beer or alcoholic beverages pursuant to this Code.
[1]
Editor's Note — Ord. no. 1803 §1, adopted November 9, 2009, repealed art. II "non-intoxicating beer" containing sections 600.220 — 600.300 in their entirety. Former sections 600.220 — 600.300 derived from R.O. of 1943, ch. 11, art. II §§1 — 6; ord. no. 263 §3, 12-6-1946; ord. no. 871 §2, 12-21-1983; ord. no. 903 §3, 6-27-1983; ord. no. 1406 §1, 10-13-2003; RSMo. §§312.040, 312.100. The article designation was deleted and the sections were left reserved for the city's future use.
[Ord. No. 805 §1, 1-7-1980]
No licensee who shall have had his license suspended by order of the Board of Aldermen shall sell or give away any intoxicating liquor, nor shall he order or accept delivery of any intoxicating liquor during the period of time such order of suspension is in effect. Any licensee desiring to keep his premises open for the sale of food or merchandise during such period of suspension shall display the order of suspension issued by the Board of Aldermen in a conspicuous place on the premises so that all persons visiting the premises may readily see the same.
[Ord. No. 805 §1, 1-7-1980]
No retail licensee shall allow in or upon his licensed premises any improper disturbances, lewdness, immoral activities, brawls, or any indecent, profane, or obscene language, songs, entertainment, literature or advertising material, nor shall any licensee cause to have printed or distributed any lewd, immoral, indecent or obscene literature or advertising material.
[Ord. No. 805 §1, 1-7-1980]
Licensees are at all times responsible for the conduct of their business and are at all times directly responsible for any act or conduct of any employee on the premises which is in violation of the ordinances relating to the sale or distribution of intoxicating liquor within the City of Hermann.
[Ord. No. 805 §1, 1-7-1980]
In addition to the express requirements of this or any other ordinance of the City of Hermann relating to the conduct of business by the holder of a license for the sale of intoxicating liquor, all such licensees shall at all times comply with all applicable provisions of the Missouri Liquor Control Law and Rules and Regulations promulgated thereunder by the Supervisor and Division of Liquor Control, as such regulations are set forth in the Code of State Regulations. The Board of Aldermen, and its authorized agents, shall have all rights of inspection and access to records of licensees within the City as are accorded to the Supervisor of Liquor Control by such law and regulations.
[Ord. No. 805 §2, 1-17-1980]
A. 
Whenever it is shown to the Board of Aldermen, or whenever the Board has knowledge, that a dealer licensed under the ordinances relating to the sale of intoxicating liquor has not at all times kept an orderly place or house, or has violated any of the provisions of said applicable ordinances or the Missouri Liquor Control Act or regulations thereunder, or has made a false statement or affidavit in his application for a license, the Board of Aldermen may suspend or revoke the license of such dealer; but the dealer must first have ten (10) days' notice of the intention or application to suspend or revoke his license prior to the order of revocation or suspension issuing. Such notice shall state the grounds for the proposed suspension or revocation, and the date, time, and place for a hearing thereon if he makes a request to the City Clerk for such hearing, and the fact that he may appear with or without counsel and produce witnesses on his behalf. If the dealer fails to request such a hearing by the date and time specified in the notice, not less than ten (10) days after issuance of the notice, then the described suspension or revocation order shall be issued automatically by the City Clerk, effective on the first (1st) business day after the date of the order. Such notice or order shall be served on the dealer by an officer of the City Police Department, and may be served by leaving a copy thereof with the dealer or any person or employee then in charge of the business.
B. 
Hearings before the Board of Aldermen to suspend or revoke licenses shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be taken down stenographically and transcribed whenever required by law.
C. 
Subpoenas shall be issued by the Board of Aldermen, per the City Clerk, for any witness whose presence is desired at any hearing or proceeding before the Board to suspend or revoke a license, and such subpoenas may be served by any officer of the City Police Department or by any officer or other person authorized by law to serve any subpoena in any civil suit in the Circuit Courts of the State. Such subpoenas shall be served in the same manner as is provided by law for service of subpoenas in civil suits in the Circuit Courts of the State, and the return thereon shall be made in the same manner as is provided by law for making returns of subpoenas in civil suits in the Circuit Courts of this State. In any such proceeding or hearing, the Board may issue an order to any licensee, or a subpoena duces tecum for any licensee or any other person requiring such licensee or such other person to produce before the Board any papers in his possession pertaining to the subject of the inquiry, which would be competent evidence at such hearing. Witnesses may also appear voluntarily at such hearings and testify.
D. 
Before any witness shall testify in any such hearing or proceeding, he shall be sworn by the City Clerk to tell the truth and nothing but the truth.
[Ord. No. 575 §§1 — 2, 5-13-1969; Ord. No. 903 §24, 6-27-1983; Ord. No. 1803 §2, 11-9-2009]
A. 
It is unlawful for any person under the age of twenty-one (21) years to purchase, attempt to purchase or have in his possession intoxicating liquor, as said term is defined in this Chapter.
B. 
Violation of any provision of this Section shall be a misdemeanor.
[Ord. No. 1107 §§1 — 8, 2-24-1992; Ord. No. 1587 §1, 5-22-2006; Ord. No. 1803 §3, 11-9-2009; Ord. No. 1835 §1, 2-14-2011]
A. 
Wherever used in this Section, the term "intoxicating liquor" shall have the meaning assigned to it in Chapter 311, RSMo., as the same may be amended from time to time.
B. 
No person shall drink or consume any intoxicating liquor while in or upon any public street, thoroughfare, alley, sidewalk, railroad passage or loading area or shelter, public parking lot (except for a parking lot then being used as a campsite pursuant to a permit issued by the Hermann Park Board) or other public way, except for any such area located north of the Union Pacific Railroad tracks, and also except for the Performing Arts Pavilion property located on the east forty (40) feet of Lot 28 of East Fourth Street, all of Lots 30, 32, 34 and 36 of East Fourth Street, the east part of Lot 25 on East Fifth Street, and all of Lots 27, 29, 31, 33 and 35 of East Fifth Street, all as per the City's plat of record in the office of the Gasconade County Recorder of Deeds.
C. 
No person shall possess or have under his control any open container of any type containing intoxicating liquor while in or upon any public street, thoroughfare, alley, sidewalk, railroad passage or loading area or shelter, public parking lot (except for a parking lot then being used as a campsite pursuant to a permit issued by the Hermann Park Board) or other public way, except for any such area located north of the Union Pacific Railroad tracks, and also except for the Performing Arts Pavilion property.
D. 
No person shall have in his possession any open container containing intoxicating liquor while within or on a motor vehicle while the same is being operated upon or parked or standing in or upon any public street, thoroughfare, alley, sidewalk, public parking lot, (except for a parking lot then being used as a campsite pursuant to a permit issued by the Hermann Park Board) or other public way, except for any such area located north of the Union Pacific Railroad tracks.
E. 
No person, firm, corporation or other entity licensed to sell intoxicating liquor, or the agents or employees of such licensee, shall permit any person to remove from such licensed premises any intoxicating liquor in any open container.
F. 
All premises in the City of Hermann licensed for the sale of intoxicating liquor shall post a notice at each exit of the premises which is used by customers or patrons of the same stating that "No Intoxicating Liquor May Be Carried In An Open Container Out Of This Building".
G. 
This Section shall not prohibit or make unlawful the transport of any unsealed container of intoxicating liquor for commercial or manufacturing purposes by the holder of a license issued by the State of Missouri for the manufacture or sale at wholesale of intoxicating liquor if such method of transportation is lawful under State law.
H. 
Violation of any provision of this Section shall be an infraction and shall be punishable by a fine not to exceed two hundred dollars ($200.00).