[Code 1964, § 4-1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
BY THE DRINK
Such term, except as to malt liquor in the original package,
is defined to be any quantity of intoxicating liquor less than fifty
(50) milliliters, whether in the original package or otherwise.
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 three and
two-tenths (3.2) percent of alcohol by weight.
MANUFACTURING, DISTILLATION AND BREWING
All methods and processes used or employed in the manufacture,
distillation, brewing or rectifying of intoxicating liquor or nonintoxicating
beer by any person maintaining and carrying on any such business in
the city.
NONINTOXICATING BEER
Any beer manufactured from pure hops or pure extract of hops,
pure barley malt or other wholesome grains or cereals, wholesome yeast
and pure water, free from all harmful substances, preservatives and
adulterants and having an alcoholic content of more than one-half
(½) of one (1) percent by volume and not exceeding three and
two-tenths (3.2) percent by weight.
ORIGINAL PACKAGE
Any package containing three (3), twelve (12) or twenty-four
(24) small standard beer bottles, and any package containing three
(3), six (6) or twelve (12) large standard beer bottles, when such
bottles contain nonintoxicating beer.
PREMISES
The entire building in which the licensee under this article
has his place of business and any additional building used in connection
therewith, and the entire lot or parcel of land on which such building
is situated or which is used in connection with such building.
TRANSPORTATION COMPANY
Any person engaged in the business of transportation for
hire of goods and merchandise by use or means of any vessel, railroad
car, motor vehicle, airplane or other means of conveyance whatsoever,
to whom any of the provisions of this article may apply.
WHOLESALER AND DISTRIBUTOR
All persons who maintain an established place of business
or office in the city, at or from which orders are received and solicited,
or where a supply of intoxicating liquor is kept for sale in the original
package for sale to other persons licensed to sell intoxicating liquor
at retail.
[Code 1964, § 4-2]
No person licensed by the city shall use or permit to be used
upon his liquor licensed premises, as described in this chapter, any
self-service, coin-operated, mechanical devices for the purpose of
selling or dispensing intoxicating liquor or nonintoxicating beer.
[Code 1964, § 4-3; Ord. No. 1813, § 1, 4-15-1999]
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 or nonintoxicating beer, as defined in this chapter, is guilty
of a violation under this Code of Ordinances.
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 or nonintoxicating beer therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor or nonintoxicating
beer in such container. The alleged violator may allege that there
was not intoxicating liquor or nonintoxicating beer 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 or nonintoxicating beer therein contains intoxicating
liquor or nonintoxicating beer.
[Code 1964, §§ 4-30, 4-58]
(a) Except as provided in paragraphs (b) and (c) of this section, no
person under the age of twenty-one (21) years shall sell or assist
in the sale or dispensing of intoxicating liquor or nonintoxicating
beer.
(b) In any place of business licensed in accordance with RSMo., Section
311.200 or Section 312.040, where at least fifty (50) percent of the
gross sales made consist of goods, merchandise, or commodities other
than intoxicating liquor or nonintoxicating beer in the original package,
persons at least eighteen (18) years of age may stock, arrange displays,
accept payment for, and sack for carrying intoxicating liquor or nonintoxicating
beer. Delivery of intoxicating liquor or nonintoxicating beer away
from the licensed business premises cannot be performed by anyone
under the age of twenty-one (21) years.
(c) In any distillery, warehouse, wholesale distributorship, or similar
place of business which stores or distributes intoxicating liquor
or nonintoxicating beer but which does not sell intoxicating liquor
or nonintoxicating 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 nonintoxicating beer for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail.
(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 intoxicating beer in places of business which sell food
for consumption on the premises if at least fifty (50) percent of
all sales in those places consist 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 nonintoxicating
beer.
[Code 1964, § 4-4]
It shall be unlawful for any person to give, lend, sell or otherwise
provide any person under the age of twenty-one (21) years any falsified
identification or the identification of another person for the purpose
of establishing the age of such person as being twenty-one (21) years
of age or older.
[Ord. No. 1614, § 1, 7-7-1994]
It shall be unlawful for any person to:
(1) Drink or consume any alcoholic beverage while in or upon any street,
highway, thoroughfare, alley, sidewalk, parking lot or other public
way;
(2) Appear or be present in or upon any street, highway, thoroughfare,
alley, sidewalk, parking lot or other public way while in an intoxicated
condition;
(3) Possess or have under one's control any unsealed glass, bottle,
can or other open container of any type containing any alcoholic beverage
while in or upon any street, highway, thoroughfare, alley, sidewalk,
parking lot or other public way;
(4) Possess or have under one's control any unsealed glass, bottle,
can or other open container of any type containing any alcoholic beverage
while within or on any motor vehicle while the same is being operated
upon or parked or standing in or upon any street, highway, thoroughfare,
alley, sidewalk, parking lot or other public way.
[Ord. No. 1614, § 1, 7-7-1994]
It shall be unlawful for any person to consume any alcoholic
beverage, or to have in one's possession or control any unsealed
glass, bottle, can or other open container of any type of alcoholic
beverage, while in any public park owned or operated by the city;
except, however, that beer may be possessed and/or consumed by persons
using sites or facilities within such parks pursuant to a facility
permit duly issued by the department of parks and recreation.
[Ord. No. 2018, § 5, 12-1-2005]
(a) It shall be unlawful for any retail licensee, licensed to sell intoxicating
liquor, wine, or beer, or his/her employee to permit in or upon his/her
licensed premises:
(1) The performance of acts, or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts that are prohibited by law;
(2) The displaying of any portion of the areola of the female breast;
(3) The actual or simulated touching, caressing or fondling of the breast,
buttocks, anus or genitals;
(4) The actual or simulated displaying of the pubic hair, anus, vulva
or genitals;
(5) Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus; and
(6) The displaying of films, video or DVD programs or pictures depicting
acts, the live performances of which are prohibited by this regulation
or by any other law.
(b) In addition to the licensee and/or his/her employee being subject
to all penalties contained in this Code, violation of any act or any
provision contained herein shall be grounds for the license of the
licensee to be suspended or revoked.