Chapter 3

ALCOHOLIC BEVERAGES

CONTENTS

ARTICLE I.  INTOXICATING LIQUOR

§ 3-1. Definitions.

§ 3-2. License required.

§ 3-3. License; persons eligible.

§ 3-4. License; how to apply.

§ 3-5. License; granting of.

§ 3-6. License; term of.

§ 3-7. License fee.

§ 3-8. License not transferable.

§ 3-9. Revocation of license.

§ 3-10. Place of sale.

§ 3-11. Severability.

§ 3-12. Penalty.

§ 3-13. License not to be issued for saloon.

§ 3-14. Conviction.

§ 3-15. License required for sale of malt liquor to be

consumed on premises.

§§ 3-16 to 3-20.  Reserved.

ARTICLE II.  NONINTOXICATING BEER

§ 3-21. Definitions.

§ 3-22. License required.

§ 3-23. License; granting of.

§ 3-24. License; term of.

§ 3-25. License fee.

§ 3-26. License to comply with regulations.

§ 3-27. License not transferable.

§ 3-28. Only when license permitted.

§ 3-29. Revocation of license.

§ 3-30. Place of sale.

§ 3-31. Sale of liquor by package.

§ 3-32. Severability.

§ 3-33. Penalty.

§§ 3-34 to 3-38.  Reserved.

ARTICLE III.  LIQUOR CONTROL

§ 3-39. Lawful possession.

§ 3-40. Closing hours – Sunday, election day, weekdays.

§ 3-41. Repealed by Ord. 112, §1.

§ 3-42. Repealed by Ord. 112, §1.

§ 3-43. Repealed by Ord. 112, §1.

§ 3-44. Officers intoxicated to forfeit office.

§§ 3-45 to 3-49.  Reserved.

Chapter 3

ALCOHOLIC BEVERAGES 

ARTICLE I

INTOXICATING LIQUOR 

Sec. 3-1.  Definitions.

Intoxicating liquor – The term intoxicating liquor as used in this Article shall mean and include all alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combinations of liquors, a part of which is spirituous, vinous, or fermented, and all preparations and/or mixtures for beverage purposes, containing in excess of three and two-tenths percent (3.2%) of alcohol by weight.

Malt liquor – The term malt liquor as used in this Article shall mean that liquor manufactured from pure hops and/or wholesome grains and/or cereals and wholesome yeast and pure water, and commonly called and known as beer.

Person – The term person as used in this Article shall include any individual, association, stock company, syndicate, partnership or corporation.  (§513.301, 1978 Code)

Sec. 3-2.  License required.

It shall be unlawful for any person, firm, association of persons, partnership or corporation, to manufacture, distill, blend, sell or offer for sale intoxicating liquor, in the City of Vienna, in any quantity whatsoever, without first having obtained a permit and license to do so, from the city therefore; provided however, that all licenses issued under this Article shall first be duly authorized as provided for under the laws of Missouri.  (§513.309, 1978 Code)

Sec. 3-3.  License; persons eligible.

(a) No person shall be granted a license under this Section who is not of good moral character, or who has been convicted of a felony in the State of Missouri, a native born or naturalized citizen of the United States of America, and a qualified voter of the City of Vienna, Maries County, Missouri.

(b) No person having been convicted of the violation of any of the terms of this Article shall be issued a license or a renewal thereof for the period of one year therefrom.  (§513.311, 1978 Code)

Sec. 3-4.  License; how to apply.

All applications for license under this Section shall be made in writing to the board of aldermen, and an application made for the sale of intoxicating liquor to be sold in the original package not to be consumed on the premises where sold shall be accompanied by an appraisal of merchandise other than fixtures and intoxicating liquor, and shall be at least $1,500.00 in value, and shall be under oath.  No license shall be granted by the board of aldermen of the City of Vienna, until it is satisfactorily shown that the laws of the State of Missouri have been fully complied with.  (§513.313, 1978 Code)

Sec. 3-5.  License; granting of.

On approval of the application by the board of aldermen and the payment of the license tax herein provided the city clerk shall issue applicant a license to conduct the sale of intoxicating liquor as described in the license for the period of one year.  (§513.315, 1978 Code)

Sec. 3-6.  License; term of.

The license issued under this Article for the sale, manufacture, distilling, or blending, shall be for the period of one year only, unless revoked for cause as herein provided.  (§513.317, 1978 Code)

Sec. 3-7.  License fee.

(a) Manufacture – For the manufacture, blending, distilling and rectifying of intoxicating liquor, as herein defined, the sum of $500.00.

(b) Wholesale (up to five percent (5%) alcohol) – For the sale of intoxicating liquor, by the wholesale, and not in excess of five percent (5%) alcohol by weight, the sum of $100.00.

(c) Wholesale (over five percent (5%) alcohol) – For the sale of intoxicating liquor by the wholesale, in excess of five percent (5%) alcohol by weight, the sum of $250.00.

(d) Retail (up to five percent (5%) alcohol) – For the sale of intoxicating liquor by retail, and not in excess of five percent (5%) alcohol by weight, the sum of $20.00.

(e) Retail package for off-site consumption (over five percent (5%) alcohol) – For the sale of intoxicating liquor by retail, and in excess of five percent (5%) of alcohol by weight, to be sold in the original package and not to be opened or consumed on the premises where sold, the sum of $100.00.  (§513.319, 1978 Code; Ord. 54)

Sec. 3-8.  License not transferable.

No license under this Article shall be transferable or assignable, and shall be for the premises described in the permit and license.  (§513.323, 1978 Code)

Sec. 3-9.  Revocation of license.

In case of revocation or forfeiture of a license granted and issued under the terms of this Article, the city shall in no event return any part of the license fee paid for such license.  (§513.331, 1978 Code)

Sec. 3-10.  Place of sale.

No person having a license under this Article shall sell or offer for sale intoxicating liquor in any place other than that described in his license.  (§513.535, 1978 Code)

Sec. 3-11.  Severability.

Should any paragraph, sentence, phrase, clause or section of this Article be declared unconstitutional or invalid for any reason, the remainder of said Article shall not be affected thereby.  (§513.347, 1978 Code)

Sec. 3-12.  Penalty.

Any person violating the terms of this Article or any section thereof, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding $100.00.  And, provided further, that upon conviction for the violation of any section herein the license issued to said person shall be automatically revoked, and each and every day that said ordinance is violated shall be and continue as a separate offense.  (§513.349, 1978 Code)

Sec. 3-13.  License not to be issued for saloon.

No license shall be issued under the Section 3-15 for a place commonly known as a “saloon”, nor in any place or building, or room where there are blinds, screens, swinging doors, curtains, or any other thing that will obstruct or obscure the view of the public of the interior of such place.  Provided further, that no intoxicating liquor of any kind or description shall be sold or served in any of the above defined places or upon such premises.  (§513.369, 1978 Code)

Sec. 3-14.  Conviction.

Upon conviction of any person under the terms of this Article such shall be reported to the board of aldermen and to the state supervisor of liquor control.  (§513.381, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 3-15.  License required for sale of malt liquor to be consumed on premises.

Malt liquor, containing in excess of three and two-tenths percent (3.2%) alcohol by weight and not in excess of five percent (5%) of alcohol by weight, may be sold to be consumed upon the premises where sold, and by the drink, when license therefore has been issued under the terms of this Article.  (§513.391, 1978 Code)

Secs. 3-16 to 3-20.  Reserved.

ARTICLE II

NONINTOXICATING BEER

Sec. 3-21.  Definitions.

Nonintoxicating beer – The term nonintoxicating beer as used in this Article shall mean and include any malt liquor containing alcohol not in excess of three and two tenths (3.2) percent by weight.  (§513.501, 1978 Code)

Sec. 3-22.  License required.

It shall be unlawful for any person, firm, association of persons, partnership or corporation to manufacture, sell or offer for sale nonintoxicating beer, in the City of Vienna, in any quantity whatsoever, without first having obtained a permit and license to do so from the city therefore; provided however, that all licenses issued under this Article shall first be duly authorized as provided for under the laws of Missouri.  (§513.509, 1978 Code)

Sec. 3-23.  License; granting of.

Before any permit authorized by this Article other than the manufacturer’s permit shall be issued and delivered to any applicant, such applicant shall take and subscribe to an oath that he will not allow any intoxicating liquor of any kind or character, including beer having an alcoholic content in excess of three and two-tenths (3.2) percent by weight, to be kept, stored or secreted in or upon the premises described in such permit, and that such applicant will not otherwise violate any ordinance of this city or knowingly allow any other person to violate any ordinance of this city while in or upon such premises.  (§513.515, 1978 Code)

Sec. 3-24.  License; term of.

The license issued under this Article for the manufacture or sale of said nonintoxicating beer shall be for the period of one year only, unless revoked for causes as hereinafter provided.  (§513.517, 1978 Code)

Sec. 3-25.  License fee.

(a) Manufacture and sale – For the manufacture and the sale by the manufacturer of nonintoxicating beer, brewed, or manufactured in this city, the sum of $100.00.

(b) For the sale by any distributor or wholesaler other than the manufacturer or brewer thereof, of nonintoxicating beer, $50.00.

(c) Retail for on-site consumption – For the sale of nonintoxicating beer for consumption on premises where sold, $10.00.

(d) Retail for off-site consumption

– For the sale of nonintoxicating beer by grocers and other merchants and dealers, for the sale in the original package direct to consumers, but not for resale, $10.00. (§513.519, 1978 Code)

Sec. 3-26.  License to comply with regulations.

(See Section 3-23)  (§513.521, 1978 Code)

Sec. 3-27.  License not transferable.

No license issued under this Article shall be transferable or assignable, and shall be for the premises described in the permit.  (§513.523, 1978 Code)

Sec. 3-28.  Only when license permitted.

No person having a license under the provisions of this Article to sell nonintoxicating beer at retail shall be granted or permitted to hold a license to sell malt liquor containing alcohol in excess of three and two-tenths (3.2) percent by weight or any other kind of intoxicating liquor; nor shall any person be granted or permitted to sell nonintoxicating beer in, upon or about the premises of any person who is the holder of a license to sell intoxicating liquor.  (§513.527, 1978 Code)

Sec. 3-29.  Revocation of license.

In case of revocation of license or forfeiture of any license or permit granted or issued under the terms of this Article the city shall in no event return any part of the license fee paid by such license.  (§513.531, 1978 Code)

Sec. 3-30.  Place of sale.

No person having a license under this Article shall sell or offer for sale intoxicating liquor in any place other than that described in his license.  (§513.535, 1978 Code)

Sec. 3-31.  Sale of liquor by package.

No license shall be offered or given or issued for the sale of intoxicating liquor in the original package, not to be opened or consumed on the premises where sold, except to persons engaged in and to be used in connection with the following businesses:A drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery, and/or delicatessen store.nor to any such person that does not have and keep in his store a stock of goods and merchandise having a value of at least $1,500.00 exclusive of fixtures and intoxicating liquor.  (§513.541, 1978 Code)

Sec. 3-32.  Severability.

Should any paragraph, phrase, clause or sentence or section of this Article be declared unconstitutional or invalid for any reason the remainder of said Article shall not be affected thereby.  (§513.547, 1978 Code)

Sec. 3-33.  Penalty.

Any person, firm, association of persons, partnership or corporation violating any of the provisions of this Article or any section thereof, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100.00.  And, provided further, that upon the conviction for the violation of any section herein the license issued to any person, firm, association of persons, partnership or corporation shall be automatically revoked, and each and every day that said ordinance is violated shall be and continue as a separate offense.  (§513.549, 1978 Code)

Secs. 3-34 to 3-38.  Reserved.

ARTICLE III

LIQUOR CONTROL

Sec. 3-39.  Lawful possession.

No person shall sell, offer for sale, or possess within the City of Vienna, Missouri, any intoxicating liquor, as defined in Section 3-1, unless same has been inspected and labeled according to the provisions of the State Liquor Control Act, or in packages that shall have upon them the certificate and label of the State Supervisor of Liquor Control.  (§2513.011, 1978 Code)

Sec. 3-40.  Closing hours – Sunday, Election Day, weekdays.

(a) Intoxicating liquor.

  (1) Normal hours of operation.  No person or entity duly licensed to dispense intoxicating liquors (as defined by Section 311.020 of the Revised Statutes of Missouri) within Missouri, or the employees of such person or entity, shall sell, give away, or otherwise dispense intoxicating liquor, or in anyway permit such to be done upon or about the premises of such person or entity by drink or in the original package, between the hours of 1:30 o’clock A.M. and 6:00 o’clock A.M. on weekdays and between 1:30 o’clock A.M. and 9:00 o’clock A.M. on Sunday and between 12:00 o’clock Midnight on Sunday and 6:00 o’clock A.M. on Monday.

(2) Hours of operation – certain organizations.

(A) Any charitable, fraternal, religious service or Veteran’s organization (as defined by Section 311.090 of the Revised Statutes of Missouri), duly authorized by the State to dispense intoxicating liquors by the drink, may dispense such between the hours of 9:00 o’clock a.m. on Sunday and Midnight on Sunday.

(B) Any other establishment, duly authorized by the State of Missouri to dispense intoxicating liquors by the drink at hours other than those enumerated may operate in the City in accordance with its license constraints so long as such license remains in full force and effect.

(C) It shall be deemed unlawful for intoxicating liquor to be sold on any premises used as a polling place on Election Day.

(b) Nonintoxicating beer.

  Normal hours of operation. No person or entity having license under the provisions of Chapter 3, shall sell, give away or otherwise dispose of, or suffer the same to be done, upon or about the premises, any nonintoxicating beer in any quantity between the hours of 1:00 o’clock a.m. and 6:00 o’clock a.m.

(c) Penalty – Any person or entity found in violation of this section shall be subject to a fine of not more than $500.00 for each such sale. (§2513.015, 1978 Code) (Ord. 42, §§1-2; Ord. 43, §§1-3; Ord. 54; Ord. 64 §1; Ord. 121, §1)

Sec. 3-41.  Consumption prohibited in certain locations.

(a) (§2513.021, 1978 Code; As amended by adopting ordinance dated July 7, 1992) (Repealed by Ord. 112, §1)

Sec. 3-42.  Sales to minors; certain other persons; exceptions.

 (§2513.031, 1978 Code; As amended by adopting ordinance dated July 7, 1992); (Ord. 84, §1) ( Repealed by Ord. 112, §1)

Sec. 3-43.  Purchase by minors.

 (Ord. 6, §§1-3) (Repealed by Ord. 112, §1)

Sec. 3-44.  Officers intoxicated to forfeit office.

It shall be unlawful for any person elected or appointed to any public office of this City to be intoxicated while in the discharge of his official duty or at any time when such officer should be discharging the duties of his office, or shall, by reason of such intoxication become incapacitated to perform his official duties, keep to the punishment provided by this Title, forfeit his office.  (§2513.041, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Secs. 3-45 to 3-49.  Reserved.