[Ord. No. 1249 § 1, 6-20-2016[1]]
As used in this Chapter, the following terms shall have the
following meanings:
A person who possesses a valid Missouri liquor license and
a valid local liquor license and who furnishes provisions and services,
including the delivery of intoxicating liquor, for a particular function,
occasion, or event at a particular location other than the person's
licensed premises.
A place where all doors are locked and where no patrons are
in the place or about the premises.
A business allowing customers to obtain or purchase any intoxicating
liquor from a drive-up window when customers remain in their automobiles.
All alcohol used or consumed for beverage purposes, including
any alcoholic, spirituous, distilled, vinous, fermented, malt, or
other liquors, or combinations 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%) of
alcohol by volume. Said definition includes but is not limited to
wine, beer, malt liquor, and distilled liquor.
Any package produced and sealed by the manufacturer for the
delivery and sale of intoxicating liquor and containing or consisting
of one (1) or more standard bottles, cans, cartons, boxes, bags, pouches,
or other containers.
Any individual, association, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or officer
appointed by any State or Federal court.
The entire building or that portion of any building in which
a licensee hereunder has a place of business and any additional building
or portion thereof used in connection therewith, and the entire lot
or lots, parcel or parcels of land on which said building are situated
or which are used in connection with the sale or consumption of intoxicating
liquor.
Any public street, highway, alley, sidewalk, thoroughfare
or other public way of the City, or any parking lot, whether publicly
or privately owned.
[Ord. No. 1249 § 1, 6-20-2016]
It shall be unlawful for any person to violate any of the provisions
of this Chapter, and any person so convicted shall, unless otherwise
prescribed by law, be subject to punishment by fine of not more than
one thousand dollars ($1,000.00), or by imprisonment for not more
than one (1) year, or by both such fine and imprisonment.
[Ord. No. 1249 § 1, 6-20-2016]
It shall be unlawful for any person to maintain or assist in
maintaining any premises where intoxicating liquor is sold, manufactured,
kept for sale or bartered in violation of Missouri law or this Chapter,
and such premises is hereby declared to be a public and common nuisance.
The City may bring suit to enjoin any such nuisance. No bond shall
be required in instituting such proceedings.
[Ord. No. 1249 § 1, 6-20-2016]
For purposes of prosecution, 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 no 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.
