[Gen. Ords. 1959, § 44.01; Ord.
No. 4745, §§ 1, 2, 1-11-1962; Ord. No. 6259, § 1, 3-23-1978; Ord. No. 6864, § 1, 4-15-1982, Ord. No. 8230, 7-15-1993]
As used in this article, the following terms shall have the
meanings ascribed to them:
A small-scaled, licensed manufacturing establishment that
produces, processes, ferments, rectifies or blends craft brews, wines,
or distilled spirits. This use may include tastings and/or on-site
sale and consumption of intoxicating liquor by the drink as an accessory
use that accounts for less than 50% of the business’s gross
income. If sale for on-site consumption is conducted, said business
must derive at least 15% of its gross income from the sale of non-alcoholic
beverages or prepared food.
[Ord. No. 10806, 5-4-2023]
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 1/2 of
1% by volume. All beverages having an alcoholic content of less than
1/2 of 1% by volume shall be exempt from the provisions of this article.[1]
Any license issued under the provisions of this article.
Liquor manufactured from pure hops, or pure extract of hops,
or pure barley malt, or wholesome grains or cereals and wholesome
yeast and pure water, and commonly called and known as beer, and containing
alcohol not in excess of 5% by weight.[2]
Any package containing one or more standard bottles, cans,
or pouches of beer. With reference to the sale of intoxicating liquor
other than malt liquor or beer, the term means a package or container
containing a quantity of not less than 1/2 pint of intoxicating liquor.[3]
Includes any individual, association, joint stock company,
syndicate, copartnership, corporation, receiver, trustee, conservator
or other personal representative or other representative appointed
by any state or federal court.
That portion of any building in which a licensee under this
article has his 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 buildings are situated, or
which are used in connection with the buildings.
A business establishment at which at least 50% of the gross
income is derived from the sale of non-alcoholic beverages, prepared
food, or non-prepared food.
[Ord. No. 10806, 5-4-2023]
The sale of any intoxicating liquor except malt liquor, in
the original package, in any quantity less than 50 milliliters shall
be deemed "sale by the drink," and 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.[4]
Any person who exposes for or makes one or more sales for
resale of intoxicating liquor within the City or conducts a business
of exposing for sale or selling intoxicating liquor for resale from
an established place of business within the City.
Liquor manufactured exclusively from grapes, berries and
other fruits and vegetables and containing not in excess of 14% of
alcohol by weight.
[Gen. Ords. 1959, § 44.241; Ord.
No. 4549, § 1, 11-21-1959; Ord. No. 6250, § 2, 3-23-1978; Ord. No. 8796, § 1, 2-18-1999; Ord. No. 9669, § 1, 4-5-2007[1]]
(a)Â
Any person under the age of 21 years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in § 3-31 or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo. or has a detectable blood alcohol content of more than 0.02 of 1% or more by weight of alcohol in such person's blood is guilty of an offense. 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 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)Â
For purposes
of determining violations of any provision of this chapter, or of
any rule or regulation of the Supervisor of Alcohol and Tobacco Control,
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.
(c)Â
Any person
under the age of 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 as defined in Section 577.001, RSMo. 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 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 State Department of Health and Senior Services by licensed
medical personnel or by a person possessing a valid permit issued
by the State Department of Health and Senior Services for this purpose.
The State Department of Health and Senior Services shall approve satisfactory
techniques, devices, equipment, or methods to be considered valid
and shall establish standards to ascertain the qualifications and
competence of individuals to conduct analyses and to issue permits
which shall be subject to termination or revocation by the State Department
of Health and Senior Services. 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)Â
The
type of test administered and the procedures followed;
(2)Â
The
time of the collection of the blood or breath sample or urine analyzed;
(3)Â
The
numerical results of the test indicating the alcohol content of the
blood and breath and urine;
(4)Â
The
type and status of any permit which was held by the person who performed
the test;
(5)Â
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. 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.
(d)Â
The provisions
of this section shall not apply to a student who:
(1)Â
Is
18 years of age or older;
(2)Â
Is
enrolled in an accredited college or university and is a student in
a culinary course;
(3)Â
Is
required to taste, but not consume or imbibe, any beer, ale, porter,
wine, or other similar malt or fermented beverage as part of the required
curriculum; and
(4)Â
Tastes
a beverage under Subsection (d)(3) of this subsection only for instructional
purposes during classes that are part of the curriculum of the accredited
college or university. The beverage must at all times remain in the
possession and control of an authorized instructor of the college
or university, who must be 21 years of age or older. Nothing in this
subsection may be construed to allow a student under the age of 21
to receive any beer, ale, porter, wine, or other similar malt or fermented
beverage unless the beverage is delivered as part of the student's
required curriculum and the beverage is used only for instructional
purposes during classes conducted as part of the curriculum.
[Gen. Ords. 1959, § 44.242; Ord.
No. 4549, § 1, 11-21-1959]
It shall be unlawful for any person to give, lend, sell or otherwise
provide any person between the ages of 17 and 21 any falsified identification
or the identification of another person for the purpose of establishing
the age of the minor as being 21 years of age or older.
[1]
Editor's Note: Former § 3-34, Article not to affect professional activities of physicians and pharmacists, Gen. Ords. 1959, § 44.06, and § 3-35, Duty of Police Department to enforce, Gen. Ords. 1959, § 44.25, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
