[Ord. No. 353-2008 §I, 9-16-2008]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Any person applying for a liquor license.
Any retail establishment whose liquor and beer sales constitute
less than thirty percent (30%) of the gross annual sales and which
does not sell liquor or beer by the drink.
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 one-half
of one percent (.5%) 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 196.365B — 196.445, RSMo.
Any beer manufactured from pure hops or pure extract of hops
and pure barley malt or other wholesome grains or cereals and wholesome
yeast and pure water and free from all harmful substances, preservatives
and adulterants and having an alcoholic content of more than one-half
of one percent (.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
Those persons under the age of twenty-one (21) years.
A corporation, whether operated for profit or not, recognized
by the Missouri Secretary of State as being in good standing with
regular duties assigned to members and which has regular dues collected
from members.
An establishment where:
A permanent kitchen facility where at least commercial grade
stove, sink and refrigeration equipment are located;
Food is served to the general public during the hours of 7:00
A.M. until 9:00 P.M.; and
The establishment is open for the purpose of serving food to
the general public at least four (4) hours during such time period
and a staff of at least two (2) employees is dedicated to the preparation,
serving and cleanup of food items for sale to the general public.
[Ord. No. 353-2008 §I, 9-16-2008]
No person shall purchase, sell, give away or otherwise dispose
of any beer, wine or intoxicating liquor or allow such acts to be
done upon or about his premises, in any quantities, at any time when
such disposal is prohibited by the law of the State of Missouri.
[1]
State Law Reference — Hours when sales are prohibited,
§311.290, RSMo.
[Ord. No. 353-2008 §I, 9-16-2008]
No person shall sell, give away or otherwise supply any beer,
wine or intoxicating liquor or allow such act to be done upon or about
his premises to any person under the age of twenty-one (21) years.
[1]
State Law References — Sales by minors, §311.300,
RSMo.; sales to minors, §311.310, RSMo.; misrepresentation of
age by minor to obtain liquor, §311.320, RSMo.
[Ord. No. 353-2008 §I, 9-16-2008]
The possession, actual or constructive, or purchase of any beer,
wine or intoxicating liquor by any person under the age of twenty-one
(21) years is prohibited.
[Ord. No. 353-2008 §I, 9-16-2008]
A.
No
person shall drink beer, wine or intoxicating liquor in any quantity
upon any street, avenue, alley, sidewalk or in any public place within
the City.
B.
Unless
specifically authorized from time to time by the City Council, no
beer, wine or intoxicating liquor shall be allowed to be sold or given
away or to be brought into, used, possessed or drunk within any of
the public parks in the City.
C.
Alcohol
sales shall be permitted at the Neosho Municipal Golf Course within
the golf course pro shop, restaurant or as an extension thereof by
a cheer cart authorized by the golf course manager. Any sales conducted
by a cheer cart shall be restricted to the golf course boundaries
and to golfing participants and/or their adult guests of legal drinking
age. No alcohol sales shall be permitted by the cheer cart to any
adjacent homes, residences or pedestrians not engaging in the game
of golf.
[Ord. No. 39-2019, 7-2-2019]
D.
Alcohol consumption shall be authorized within the Neosho Municipal Golf Course pro shop, restaurant and/or on the Neosho Municipal Golf Course proper. Any alcohol so consumed must be purchased from the Neosho Golf Course pro shop or restaurant attached thereto. Any alcoholic beverage taken onto the golf course proper must be placed within a container supplied by Neosho Golf Course pro shop or restaurant. Any person found upon golf course property with alcohol not purchased at the Neosho Golf Course pro shop or restaurant shall be subject to penalty in accordance with Section 600.080, and any alcohol so found shall be subject to confiscation and destruction. Notwithstanding the provisions of this Subsection, alcohol consumption at the Neosho Municipal Golf Course may be authorized from time to time by the City Manager if said alcohol is provided by a local vendor.
[Ord. No. 39-2019, 7-2-2019; Ord. No. 247-2021, 11-16-2021]
[Ord. No. 353-2008 §I, 9-16-2008]
A person commits the offense of transporting an open container
if a container of non-intoxicating beer or intoxicating liquor is
found to be open within a vehicle which that person has under his/her
control or in which that person is a passenger and is available for
ready consumption.
[Ord. No. 353-2008 §I, 9-16-2008]
The possession of any device or tool or other means indicating
that the person in possession is twenty-one (21) years of age or older
when he is not is prohibited.
[Ord. No. 353-2008 §I, 9-16-2008]
Any person violating any of the provisions of this Chapter, except where some penalty is otherwise provided, shall upon conviction thereof be adjudged guilty of a misdemeanor and subject to punishment as provided in Section 100.130 of this Code; provided, that upon final conviction of any person for a violation of any of the provisions of this Chapter, such conviction shall automatically be operated to revoke any license issued to such person pursuant to this Chapter; provided further, that the term "conviction", as
used herein, shall mean conviction upon final determination of any
prosecution of any violation of this Chapter; provided further, that
no person having been convicted of the violation of any of the provisions
of this Chapter shall be issued a license or a renewal therefore for
a period of one (1) year from the date of such conviction.
[Ord. No. 353-2008 §I, 9-16-2008]
Upon conviction of any person under the provision of this Chapter,
it shall be the duty of the Municipal Judge to certify such conviction
to the City Council.
