[Ord. No. 1249 § 1, 6-20-2016[1]]
As used in this Chapter, the following terms shall have the following meanings:
CATERER
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.
CLOSED PLACE
A place where all doors are locked and where no patrons are in the place or about the premises.
DRIVE-THROUGH SERVICE
A business allowing customers to obtain or purchase any intoxicating liquor from a drive-up window when customers remain in their automobiles.
INTOXICATING LIQUOR
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.
ORIGINAL PACKAGE
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.
PERSON
Any individual, association, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or officer appointed by any State or Federal court.
PREMISES
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.
PUBLIC PLACE
Any public street, highway, alley, sidewalk, thoroughfare or other public way of the City, or any parking lot, whether publicly or privately owned.
[1]
Editor's Note: Former Chapter 600, Alcoholic Beverages, containing Sections 600.010 through 600.230, was repealed 6-20-2016 by Ord. No. 1249.
[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.