[Code 1974 §300.020; CC 1984 §3-1]
As used in this Chapter, unless a different meaning appears
from the context, the following words and phrases shall have the meanings
respectively ascribed to them:
A place where all doors are locked and where no patrons are
in the place or about the premises.
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%) alcohol by weight.
Any 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 extraction of hops or pure
barley malt or wholesome grain or cereals and wholesome yeast or pure
water.
Any beer manufactured from pure hops or pure extract of hops,
pure barley malt or other wholesome grains or cereals and wholesome
yeast, and pure water and free from all harmful substance, 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.
The sale of any intoxicating liquor, except malt liquor,
in the original package in any quantity less than fifty (50) milliliters.
Any such sales may be made only by a holder of a retail liquor dealer's
license and when so made, the container in every case shall be emptied
and the contents thereof served as other intoxicating liquors sold
by the drink are served.
[Code 1974 §600.070; CC 1984 §3-2]
It shall be the duty of the Chief of Police, City Police Officers
and any or all deputies to diligently and impartially enforce the
provisions of this Chapter within the corporate limits of the City.
[Code 1974 §600.060(C); CC 1984 §3-3; Ord. No. 2-3I §§1 — 2, 9-15-2003]
A.
No person having a license under this Chapter nor any employee of any such person, except as provided in Sections 600.040 and 600.060, shall sell, give away or otherwise dispose of, or suffer the same to be done upon or about his/her premises, 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 Midnight Saturday and 9:00 A.M. Sunday.
B.
If
the person has a license to sell intoxicating liquor by the drink
or non-intoxicating beer for on-premises consumption, his/her premises
shall be and remain a closed place between the hours of 1:30 A.M.
and 6:00 A.M. on weekdays and between the hours of Midnight Saturday
and 9:00 A.M. Sunday.
C.
Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor or non-intoxicating beer during any of the hours or on any of the days specified in this Section or Section 600.040 by a wholesaler licensed under the provisions of this Chapter to a person licensed to sell the intoxicating liquor or non-intoxicating beer at retail.
[CC 1984 §3-5]
When January first (1st), March seventeenth (17th), July fourth (4th), or December thirty-first (31st) falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday", any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his/her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of Section 600.030 or any other provision of law to the contrary.
[CC 1984 §3-6]
Where licenses authorizing the sale of intoxicating liquor by the drink or non-intoxicating beer for on-premises consumption are held by clubs or hotels, Sections 600.030 and 600.040 shall apply only to the room or rooms in which intoxicating liquor or non-intoxicating beer is dispensed. Where 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 and non-intoxicating beer are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in Sections 600.030 and 600.040 all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor or non-intoxicating beer are dispensed.
[CC 1984 §3-7; Ord. No. 2-3H §1, 9-20-1999; Ord. No. 2-3I §3, 9-15-2003]
A.
Notwithstanding
any other provisions of this Chapter to the contrary, any licensee
under this Chapter who possesses the qualifications required by this
Chapter, and who now or hereafter meets the requirements of and complies
with the provisions of this Chapter, may apply for a license to sell
intoxicating liquor between the hours of 9:00 A.M. and Midnight on
Sunday by the drink at retail for consumption on the premises of any
restaurant bar as described in the application.
B.
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 prepared meals or food consumed on the premises or
which has an annual gross income of at least two hundred thousand
dollars ($200,000.00) from the sale of prepared meals or food consumed
on the premises.
C.
Any
new restaurant bar having been in operation for less than ninety (90)
days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 11:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the restaurant bar can show a projection of annual
business from prepared meals or food consumed on the premises of at
least fifty percent (50%) of the total gross income of the restaurant
bar for the year or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00).
[Code 1974 §600.060(E); CC 1984 §3-8; Ord. No. 2-3E §2, 7-18-1983]
A.
Any
licensee under this Chapter, or his/her employee, who shall sell,
vend, give away or otherwise supply any intoxicating liquor or non-intoxicating
beer 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 or her parent or guardian who shall procure for, sell,
give away or otherwise supply intoxicating liquor or non-intoxicating
beer 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 ordinance violation.
B.
This
Section shall not apply to the supplying of intoxicating liquor or
non-intoxicating beer to a person under the age of twenty-one (21)
years for medical purposes only, or to the administering of intoxicating
liquor or non-intoxicating beer to any person by a duly licensed physician.
[Ord. No. 2-20 §1, 8-11-2011]
A.
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, or who has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of violating the Farmington City Code. 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.
B.
Any
person under the age of twenty-one (21) years who purchases or attempts
to purchase, or has in his or her possession, any intoxicating liquor,
or who is visibly in an intoxicated condition shall be deemed to have
given consent to a chemical test or tests of the person's breath,
blood, saliva, or urine for the purpose of determining the alcohol
or drug content of the person's blood. The implied consent to submit
to the chemical tests listed in this Subsection shall be limited to
not more than two (2) such tests arising from the same arrest, incident,
or charge. Chemical analysis of the person's breath, blood, saliva,
or urine shall be performed according to methods approved by the Missouri
Department of Health and Senior Services by licensed medical personnel,
or by a person possessing a valid permit issued by the Missouri Department
of Health and Senior Services for the purpose of testing blood alcohol
levels. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. Full information is limited
to the following:
1.
The type of test administered and the procedures followed;
2.
The time of the collection of the blood or breath sample or urine
analyzed;
3.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
4.
The type and status of any permit which was held by the person who
performed the test;
5.
If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
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Full information does not include manuals, schematics, or software
of the instrument used to test the person or any other material that
is not in the actual possession of the State. Additionally, full information
does not include information in the possession of the manufacturer
of the test instrument.
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[CC 1984 §3-10]
A.
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 or non-intoxicating beer,
except in cases authorized by law, shall upon conviction be deemed
guilty of an ordinance violation.
B.
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 or non-intoxicating beer, 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.
B.
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.
C.
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. Any
wholesaler licensed pursuant to this Chapter or Chapter 312, RSMo.,
may employ persons of at least eighteen (18) years of age to rotate,
stock and arrange displays at retail establishments licensed to sell
intoxicating liquor or non-intoxicating beer.
D.
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.
A.
Any
person who is licensed pursuant to this Chapter to sell or serve alcoholic
beverages at any establishment shall place on the premises of such
establishment a warning sign as described in this Section. Such sign
shall be at least eleven (11) inches by fourteen (14) inches and shall
read "WARNING: Drinking alcoholic beverages during pregnancy may cause
birth defects." The licensee shall display such sign in a conspicuous
place on the licensed premises.
B.
Any
employee of the Supervisor of Liquor Control may report a violation
of this Section to the Supervisor, and the Supervisor shall issue
a warning to the licensee of the violation.
[CC 1984 §3-13]
A.
Any
druggist may have in his/her possession intoxicating liquor or non-intoxicating
beer purchased by him/her from a licensed vendor under a license pursuant
to this Chapter, or intoxicating liquor or non-intoxicating beer lawfully
acquired at the place of acquisition and legally transported into
this State and lawfully inspected, gauged and labeled as provided
for by State law; such intoxicating liquor or non-intoxicating beer
to be used in connection with the business of a druggist in compounding
medicines or as a solvent or preservant.
B.
Nothing
in this Section shall prevent a regularly licensed druggist, after
he/she procures a license therefor in compliance with this Chapter,
from selling intoxicating liquor or non-intoxicating beer in the original
packages, but not to be drunk or the packages opened on the premises
where sold.
C.
Nothing
in this Chapter shall be construed as limiting the right of a physician
to prescribe intoxicating liquor or non-intoxicating beer in accordance
with his/her professional judgment for any patient at any time, or
prevent a druggist from selling intoxicating liquor or non-intoxicating
beer to a person on prescription from a regularly licensed physician
as above provided.
A.
Any
room, house, building, boat, vehicle, structure or place of any kind
where intoxicating liquor is sold, manufactured, kept for sale or
bartered, in violation of this law and all intoxicating liquors and
all property kept and used in maintaining such a place and any still,
doubler, worm, worm tub, mash tub, fermenting tub, vessel, fixture
or other property of any kind or character used or fit for use in
the production or manufacture of intoxicating liquor is hereby declared
to be a public and common nuisance, and any person who maintains or
assists in maintaining such public and common nuisance shall be guilty
of a misdemeanor and upon conviction thereof shall be fined not less
than one hundred dollars ($100.00) nor more than one thousand dollars
($1,000.00) or by imprisonment for not less than thirty (30) days
nor more than one (1) year or both.
B.
If
a person has knowledge or reason to believe that his/her property,
real or personal, vehicle, boat or structure is occupied or used for
the manufacture, sale, storing, keeping or bartering of intoxicating
liquor in violation of the provisions of this law and suffers the
same to be so used, or maintains or keeps therein any still, doubler,
worm, worm tub, mash tub, fermenting tub or fixture used or fit for
use in the production or manufacture of intoxicating liquor illegally,
after such knowledge or reason to believe, such property shall be
subject to a lien for and may be sold to pay all fines and costs assessed
against the occupant of such building or property for any violation
of this law occurring after the passage thereof which said lien shall
attach from the time of filing of notice of commencement of the suit
in the office where the records of the transfer of real estate are
kept and any such lien may be established and enforced by legal action
instituted for that purpose in any court having jurisdiction.
C.
Such
lien shall be released upon final judgment assessing no fines or costs
or by paying the final judgment assessing fine and cost.
