[RSMo. §311.020]
The term "intoxicating liquor" as used in this
Chapter, shall mean and include 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 one-half of one (.5%) percent by volume except for non-intoxicating
beer as defined in Section 312.010, RSMo. All beverages having an
alcoholic content of less than one-half of one percent (.5%) by volume
shall be exempt from the provisions of this Chapter, but subject to
inspection as provided by Sections 196.365 to 196.445, RSMo.
[Ord. No. 266 §2, 6-6-1955]
It shall be unlawful for any person, firm, partnership or corporation to sell or expose for sale in the City of Tipton, Missouri, intoxicating liquor, as defined in Section 600.010 hereof, in any quantity, without taking out a license to do so from the City of Tipton, Missouri.
[Ord. No. 266 §3, 6-6-1955]
No license shall be issued to any person, firm, partnership
or corporation to sell intoxicating liquors in the City of Tipton,
Missouri, until said person, firm, partnership or corporation has
first secured a State and Federal license to sell intoxicating liquors.
[Ord. No. 266 §4, 6-6-1955]
No formal application for license to sell intoxicating liquors
in the City of Tipton, Missouri, shall be required, but the applicant
before obtaining his/her City license must exhibit to the City Clerk
the State and Federal license to sell intoxicating liquors, or otherwise
satisfy the Clerk of the City of Tipton that said State and Federal
license has been issued to applicant.
[Ord. No. 266 §5, 6-6-1955]
Upon submission of applicant to the City Clerk of his/her Federal
and State license to sell intoxicating liquors, and upon the payment
of the license fee hereinafter set forth, the Clerk shall grant the
applicant a license to sell intoxicating liquors for a term to expire
with the thirtieth (30th) day of June next succeeding the date of
such license. A separate license shall be required for each place
of business. Of the license tax to be paid for any such license, the
applicant shall pay as many twelfths (12ths) as there are months (part
of a month counted as a month) remaining from the date of the license
to the next succeeding July first (1st). Applications for licenses
must be made within ten (10) days after receipt of State and Federal
licenses by applicant.
[Ord. No. 266 §6, 6-6-1955; Ord. No. 99-12 §1, 8-2-1999]
A.
The
amount to be paid for licenses to sell intoxicating liquors in the
City of Tipton, Missouri, shall be as follows:
1.
For every license for sale at retail of intoxicating liquors by the
drink and or the sale at retail of intoxicating liquors in the original
package, the licensee shall pay to the City for said license the sum
of seventy-five dollars ($75.00) per year.
2.
For every license for sale of malt liquor containing alcohol in excess
of three and two-tenths percent (3.2%) by weight and not in excess
of five percent (5%) by weight in the original package direct to consumers
but not for resale, the licensee shall pay to the City for said license
the sum of twenty-two dollars fifty cents ($22.50) per year.
3.
For every license for sale of malt liquor containing alcohol in excess
of three and two-tenths percent (3.2%) by weight and not in excess
of five percent (5%) by weight, manufactured from pure hops or pure
extract of hops or pure barley malt or wholesome grains or cereals
and wholesome yeast and pure water for sale by the drink at retail
for consumption on the premises where it is sold, the licensee shall
pay to the City for said license the sum of fifty dollars ($50.00)
per year, which license shall also permit the holder thereof to sell
non-intoxicating beer as defined in Chapter 312, RSMo., 1949.
[Ord. No. 266 §7, 6-6-1955]
All the Rules and Regulations of Chapter 311, Sections 311.010
to Section 311.880 inclusive of RSMo., 1949, as amended, are hereby
adopted as the Rules and Regulations of the City of Tipton relative
to the sale of intoxicating liquor, and any violation of any of said
Sections, aforesaid of the RSMo., as amended, shall be considered
as violations of this Article, insofar as they are applicable to Cities
of the Fourth Class.
[Ord. No. 266 §9, 6-6-1955]
Any person, firm, partnership, or corporation violating the provisions of Sections 600.010 through 600.070 of this Article, or violating any of the provisions of Chapter 311 entitled "Liquor
Control Law" of RSMo., or any amendments thereof, insofar
as they are applicable to Cities of the Fourth Class, shall upon conviction
be deemed guilty of a misdemeanor and shall be punished by a fine
not exceeding five hundred dollars ($500.00), and each conviction
hereunder shall be reported to the State Supervisor of Liquor Control
by the Municipal Judge of the City of Tipton, Missouri.
[1]
Editor's Note — Ord. no. 05-10 §§1 — 4, adopted November 7, 2005, superseded this section 600.090 "purchase or possession by minor — a misdemeanor" which derived from ord. no. 535 §§2, 4, 1-8-1990. New provisions concerning purchase or possession by a minor are now contained in section 600.200 of the chapter.
[Ord. No. 535 §§3,4, 1-8-1990]
A.
Any
person licensed to sell or his/her employee, who shall sell, vend,
give away or otherwise supply any intoxicating liquor as hereinabove
defined, in any quantity whatsoever to any person under the age of
twenty-one (21) years or to any person intoxicated or appearing to
be in a state of intoxication or to a habitual drunkard, and any person
whomsoever except his/her, parent or guardian who shall procure for,
sell, give away or otherwise supply intoxicating liquor to any person
under the age of twenty-one (21) years, or to any intoxicated person
or any person appearing to be in a state of intoxication, or to a
habitual drunkard, shall be deemed guilty of a misdemeanor; provided
however, that this Section shall not apply to the supplying of intoxicating
liquor to a person under the age of twenty-one (21) years for medical
purposes only, or to the administering of said intoxicating liquor
to any person by a duly licensed physician.
B.
Penalty. Any person violating any of the provisions of this
Section, shall upon conviction thereof, be adjudged guilty of a misdemeanor
and punished by a fine of not less than fifty dollars ($50.00) nor
more than five hundred dollars ($500.00), or by imprisonment in the
County Jail for a term not exceeding fifteen (15) days, or by both
such fine and jail sentence.
