[Ord. No. 353-2008 §I, 9-16-2008]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
APPLICANT
Any person applying for a liquor license.
GENERAL MERCHANDISE STORE
Any retail establishment whose liquor and beer sales constitute less than thirty percent (30%) of the gross annual sales and which does not sell liquor or beer by the drink.
INTOXICATING LIQUOR
Includes 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 (.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 (.5%) by volume shall be exempt from the provisions of this Chapter, but subject to inspection as provided by Sections 196.365B — 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 (.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight.
MINORS
Those persons under the age of twenty-one (21) years.
PRIVATE CLUB
A corporation, whether operated for profit or not, recognized by the Missouri Secretary of State as being in good standing with regular duties assigned to members and which has regular dues collected from members.
RESTAURANT
An establishment where:
1. 
A permanent kitchen facility where at least commercial grade stove, sink and refrigeration equipment are located;
2. 
Food is served to the general public during the hours of 7:00 A.M. until 9:00 P.M.; and
3. 
The establishment is open for the purpose of serving food to the general public at least four (4) hours during such time period and a staff of at least two (2) employees is dedicated to the preparation, serving and cleanup of food items for sale to the general public.
[Ord. No. 353-2008 §I, 9-16-2008]
No person shall purchase, sell, give away or otherwise dispose of any beer, wine or intoxicating liquor or allow such acts to be done upon or about his premises, in any quantities, at any time when such disposal is prohibited by the law of the State of Missouri.
[1]
State Law Reference — Hours when sales are prohibited, §311.290, RSMo.
[Ord. No. 353-2008 §I, 9-16-2008; Ord. No. 39-2019, 7-2-2019; Ord. No. 247-2021, 11-16-2021; Ord. No. 563-2024, 10-15-2024]
A. 
No person shall drink beer, wine or intoxicating liquor in any quantity upon any street, avenue, alley, sidewalk or in any public place within the City.
B. 
Unless specifically authorized from time to time by the City Council, no beer, wine or intoxicating liquor shall be allowed to be sold or given away or to be brought into, used, possessed or drunk within any of the public parks in the City.
C. 
Alcohol sales shall be permitted at the Neosho Municipal Golf Course within the golf course pro shop, restaurant or as an extension thereof by a cheer cart authorized by the golf course manager. Any sales conducted by a cheer cart shall be restricted to the golf course boundaries and to golfing participants and/or their adult guests of legal drinking age. No alcohol sales shall be permitted by the cheer cart to any adjacent homes, residences or pedestrians not engaging in the game of golf.
D. 
Alcohol consumption shall be authorized within the Neosho Municipal Golf Course pro shop, restaurant and/or on the Neosho Municipal Golf Course proper. Any alcohol so consumed must be purchased from the Neosho Golf Course pro shop or restaurant attached thereto. Any alcoholic beverage taken onto the golf course proper must be placed within a container supplied by Neosho Golf Course pro shop or restaurant. Any person found upon golf course property with alcohol not purchased at the Neosho Golf Course pro shop or restaurant shall be subject to penalty in accordance with Section 600.080, and any alcohol so found shall be subject to confiscation and destruction. Notwithstanding the provisions of this Subsection, alcohol consumption at the Neosho Municipal Golf Course may be authorized from time to time by the City Manager if said alcohol is provided by a local vendor.
E. 
The enforcement of this Section shall be waived for the area of the downtown square as depicted on the map, a true and accurate copy of said map is attached hereto and incorporated as "Exhibit A," held on file in the City offices, and limited to the following approximate dates:
1. 
Third Friday or Saturday of March as designated in advance for "Spring Fling."
2. 
Third Friday or Saturday of July as designated in advance for "Summer Block Party."
3. 
Third Friday or Saturday of August as designated in advance for "Dog Days of Summer."
4. 
Third Friday or Saturday of September as designated in advance for "Tailgate on the Square."
5. 
Halloween, if on a Friday or Saturday, or in the alternative the Friday or Saturday before Halloween, or if the 13th falls on a Friday in October as designated in advance for "Creep and Crawl" or "Witch Walk."
6. 
Second Friday or Saturday of December as designated in advance for "Sip and Shop."
If weather makes any of these events unfeasible or unsafe then the City Manager is authorized to designate a different date for such event and the new date shall be in effect for the purpose of this Subsection for that single deviated occurrence.
[Ord. No. 353-2008 §I, 9-16-2008]
A person commits the offense of transporting an open container if a container of non-intoxicating beer or intoxicating liquor is found to be open within a vehicle which that person has under his/her control or in which that person is a passenger and is available for ready consumption.
[Ord. No. 353-2008 §I, 9-16-2008]
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 a misdemeanor and subject to punishment as provided in Section 100.130 of this Code; provided, that upon final conviction of any person for a violation of any of the provisions of this Chapter, such conviction shall automatically be operated to revoke any license issued to such person pursuant to this Chapter; provided further, that the term "conviction", as used herein, shall mean conviction upon final determination of any prosecution of any violation of this Chapter; provided further, that no person having been convicted of the violation of any of the provisions of this Chapter shall be issued a license or a renewal therefore for a period of one (1) year from the date of such conviction.