[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; Ord. No. 10806, 5-4-2023; Ord. No. 10897, 4-17-2025]
As used in this article, the following terms shall have the meanings ascribed to them:
CRAFT BREWERY, WINERY, or DISTILLERY
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, other than for malt liquor or wine, said business must derive at least 15% of its gross income from the sale of non-alcoholic beverages or prepared food.
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 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]
LIQUOR LICENSE
Any license issued under the provisions of this article.
MALT LIQUOR
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 8% by weight.
ORIGINAL PACKAGE
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.[2]
PERSON
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.
PREMISES
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.
RESTAURANT or FOOD STORE
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.
SALE BY DRINK
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.[3]
WHOLESALER
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.
WINE
Liquor manufactured exclusively from grapes, berries and other fruits and vegetables and containing not in excess of 14% of alcohol by weight.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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) 
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) 
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) 
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) 
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. 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) 
The provisions of this section shall not apply to a student who:
(1) 
Is 18 years of age or older;
(2) 
Is enrolled in an accredited college or university and is a student in a culinary course;
(3) 
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) 
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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).