[Ord. No. 295 §35, 9-13-2001]
A person commits the offense of possession of an open beer or liquor container if a container of non-intoxicating beer, malt liquor or intoxicating liquor, as defined by the ordinances of this City and the laws of the State of Missouri, is found within a motor vehicle which that person has under his/her control or in which that person is a passenger or in his/her possession on any public street, alley or sidewalk.
[Ord. No. 224 §§1 — 5, 8-14-1984]
A. 
It shall be unlawful for any person to have in his/her possession any "open container" of intoxicating liquor as defined in Section 311.020, RSMo., or any non-intoxicating beer having less than three and two-tenths percent (3.2%) of alcohol by weight within two (2) blocks in every direction of the intersection of Main and Maple Streets in the City of Cole Camp during the limited time in September of each year beginning at 6:00 P.M. on the first (1st) Wednesday following Labor Day and ending at 6:00 A.M. on the first (1st) Sunday following said first (1st) Wednesday after Labor Day, except that this provision shall not apply to any person within said two (2) block area from the intersection of Main and Maple Streets who is on the premises of any business or other licensee licensed to sell such intoxicating liquor or non-intoxicating beer.
B. 
The "open container" referred to herein shall be defined as and mean any can, bottle or container in the original can, bottle or container as prepared by the distiller or bottler on which the cap, top, tab or any other seal installed by the distiller or bottler thereof has been broken and shall also be defined as and include any other container, not an original can, bottle or container as prepared by the distiller or bottler, containing such intoxicating liquor or non-intoxicating beer.
C. 
Any Police Officer of the City of Cole Camp shall be authorized to confiscate any such open containers of intoxicating liquor or non-intoxicating beer found by them in the possession of any person during the time and within the area aforesaid.
A. 
The limits specified in Subsection (B) of this Section shall not apply to any quantity of such product, mixture or preparation dispensed pursuant to a valid prescription.
B. 
Within any thirty (30) day period, no person shall sell, dispense or otherwise provide to the same individual, and no person shall purchase, receive or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine or pseudoephedrine or any of their salts or optical isomers, or salts of optical isomers, either as:
1. 
The sole active ingredient; or
2. 
One of the active ingredients of a combination drug; or
3. 
A combination of any of the products specified in Subdivisions (1) and (2) of the Subsection;
in any total amount greater than nine (9) grams.
C. 
All packages of any compound, mixture or preparation containing any detectable quantity of ephedrine or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in Subsection (17) or (18) of Section 195.017, RSMo., shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under Section 195.017, RSMo.
D. 
This Section shall supersede and preempt any local ordinances or regulations, including any ordinances or regulations enacted by any political subdivision of the State. This Section shall not apply to any products that the State Department of Health and Senior Services, upon application of a manufacturer, exempts by rule from this Section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors or to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.
E. 
Persons selling and dispensing substances containing any detectable amount of pseudoephedrine, its salts or optical isomers, or salts of optical isomers or ephedrine, its salts or optical isomers, or salts of optical isomers shall maintain logs, documents and records as specified in Section 195.017, RSMo. Persons selling only compounds, mixtures or preparations that are excluded from Schedule V in Subsection (17) or (18) of Section 195.017, RSMo., shall not be required to maintain such logs, documents and records. All logs, records, documents and electronic information maintained for the dispensing of these products shall be open for inspection and copying by Municipal, County, and State or Federal Law Enforcement Officers whose duty it is to enforce the controlled substances laws of this State or the United States.
F. 
Within thirty (30) days of the enactment of this Section, all persons who dispense or offer for sale, pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in Subsection (17) or (18) of Section 195.017, RSMo., shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.
G. 
Within thirty (30) days of the enactment of this Section, any business entity which sells ephedrine or pseudoephedrine products in the course of legitimate business which is in the possession of pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in Subsection (17) or (18) of Section 195.017, RSMo., and which does not have a State and Federal Controlled Substances Registration, shall return these products to a manufacturer or distributor or transfer them to an authorized controlled substance registrant.
H. 
The provisions of Subsection (B) of this Section limiting individuals from purchasing the specified amount in any thirty (30) day period shall not apply to any compounds, mixtures or preparations that are in liquid or liquid-filled gel capsule form. However, no person shall purchase, receive or otherwise acquire more than nine (9) grams of any compound, mixture or preparation excluded in Subsection (17) or (18) of Section 195.017, RSMo., in a single purchase as provided in Subsection (B) of this Section.
A. 
The retail sale of methamphetamine precursor drugs shall be limited to:
1. 
Sales in packages containing not more than a total of three (3) grams of one (1) or more methamphetamine precursor drugs calculated in terms of ephedrine base, pseudoephedrine base and phenylpropanolamine base; and
2. 
For non-liquid products, sales in blister packs, each blister containing not more than two (2) dosage units, or where the use of blister packs is technically infeasible, sales in unit dose packets or pouches.
B. 
Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (A) of this Section is guilty of a misdemeanor.
C. 
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined by Section 195.010, RSMo., to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by Section 195.010, RSMo., or an imitation controlled substance as defined by Section 195.010, RSMo., in violation of Sections 195.005 to 195.425, RSMo.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, or induce any other person to do so for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes; except that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
A. 
No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use of any solvent, particularly toluol.
B. 
No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by Section 210.550 and this Section.