[R.O. 2008 §600.010; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6202 §1, 6-28-1999; Ord. No. 8272, 5-26-2020]
For the purpose of this Chapter, the following terms shall have
the meanings designated herein:
Voluntarily ceasing to operate a business that has been legally
licensed by the City and State to be conducted under the Sections
of this Chapter.
Intoxicating liquor or malt liquor.
Any building or structure regularly and primarily used as
a place of worship by any organized religious society, organization
or congregation, regardless of whether or not such building or structure
was originally designed and constructed for such purpose.
A place where all doors are locked and where no patrons are
in the place or about the premises.
Regularly incorporated associations not-for-profit under
the laws of this State organized for sole purpose as benevolent, charitable
or social, having regular dues-paying members. Any incorporated association
organized for the principal reason of selling alcoholic liquor shall
not constitute a club.
A license for the consumption of alcoholic beverages in or
upon premises that do not possess a license for the sale of alcoholic
beverages and where food, beverages or entertainment are sold or provided
for compensation as provided in Section 311.480, RSMo.
Any place that is used regularly or irregularly as a place
of repose, sleep or rest, or any place containing a bed, cot, divan,
couch or other article of furniture on which an adult person may recline;
provided, however, this term does not include any premises used as
a hotel, motel or hotel room.
All interest, legal or beneficial, direct or indirect, in
the capital devoted to the licensed enterprise and all such interest
in the net profits of the enterprise after payment of reasonable and
necessary operating business expenses and taxes, including interest
in dividends, preferred dividends, interest and profits, directly
or indirectly paid as compensation for, or in consideration of interest
in, or for the use of, the capital devoted to the enterprise or for
property or money advanced, loaned or otherwise made available to
the enterprise, except by way of ordinary commercial credit or bona
fide bank credit not in excess of credit customarily granted by banking
institutions whether paid as dividends, interest or profits or in
the guise of royalties, commissions, salaries or any other form whatsoever.
Includes the interior of any motor vehicle or the bed or
flatbed area of any pickup, truck or trailer.
As defined in the liquor control laws of the State of Missouri,
currently Section 311.020, RSMo.
The holder of any license issued under the provisions of
this Chapter.
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 not in excess of five
percent (5%) by weight.
The person who is in active management and control of an
alcoholic beverage establishment.
Means a business whose primary activity is the brewing and
selling of beer, with an annual production of ten thousand (10,000)
barrels or less.
Includes any self-propelled vehicle not operated exclusively
upon tracks.
Any container which is immediately capable of being consumed
from or the seal of which has been broken.
A person who is in actual physical control of a motor vehicle.
One (1) container of not less than fifty (50) milliliters
of any intoxicating liquor containing in excess of five percent (5%)
alcohol by volume or three (3) or more standard containers of malt
liquor.
An individual, partnership, club, association, firm, corporation,
limited liability company, joint stock company, syndicate, receiver,
trustee, conservator or other officer appointed by any State or Federal
Court.
May be either actual or constructive possession if the individual
has knowledge of the presence of the item. A person has actual possession
if he/she has the container on his/her person or within easy reach
and convenient control. A person who, although not in actual possession,
has the power and intention at a given time to exercise dominion or
control over the container either directly or through another person
or persons is in constructive possession of it. Possession may be
sole or joint. If one (1) person alone has possession of the item,
possession is sole; if two (2) or more persons share possession of
the item, possession is joint.
The bounds of the enclosure where alcoholic beverages are
sold or consumed.
A corporation incorporated under the laws of this State,
all the officers and director of which, and all the stockholders who
legally and beneficially own or control sixty percent (60%) or more
of the stock in amount and in voting rights shall be qualified legal
voters and taxpaying citizens of the County and municipality in which
they reside and who shall have been bona fide residents of the State
for a period of three (3) years continuously, immediately prior to
the date of filing of application for a license, provided that a stockholder
need not be a voter or a taxpayer, and all the resident stockholders
of which shall own, legally and beneficially at least sixty percent
(60%) of all the financial interest in the business to be licensed
under this Chapter; provided, that no corporation licensed under the
provisions of State law on January 1, 1947, nor any corporation succeeding
to the business of a corporation licensed on January 1, 1947, as a
result of a tax-free reorganization coming within the provisions of
Section 112, United States Internal Revenue Code shall be disqualified
by reason of the new requirements herein, except corporations engaged
in the manufacture of alcoholic beverages containing alcohol in excess
of five percent (5%) by weight or owned or controlled, directly or
indirectly, by non-resident persons, partnerships or corporations
engaged in the manufacture of alcoholic beverages containing alcohol
in excess of five percent (5%) by weight.
Any establishment having at least thirty (30) rooms for the
overnight accommodation of transient guests, having a restaurant or
similar facility on the premises at least sixty percent (60%) of the
gross income of which is derived from the sale of prepared meals or
food, or means a restaurant provided with special space and accommodations
where, in consideration of payment, food, without lodging, is habitually
furnished to travelers and customers, and which restaurant establishment's
annual gross receipts immediately preceding its application for a
license shall not have been less than seventy-five thousand dollars
($75,000.00) per year with at least fifty thousand dollars ($50,000.00)
of such gross receipts from non-alcoholic sales, or means a seasonal
resort restaurant with food sales as determined in Subsection (2)
of Section 311.095, RSMo. Any facility which is owned and operated
as a part of the resort may be used to sell intoxicating liquor by
the drink for consumption on the premises of such facility and, for
the purpose of meeting the annual gross receipts requirements of this
Subsection, if any facility which is a part of the resort meets such
requirement, such requirement shall be deemed met for any other facility
which is a part of the resort.
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises.
The sale of any intoxicating liquor, except malt liquor,
in the original package in any quantity less than fifty (50) milliliters.
Any school that is regularly used as a public, private or
parochial school, elementary school, high school, college, university,
professional school, business or secretarial school receiving some
support from public, religious or charitable funds.
A motor vehicle designed for operation on the highway which
contains at minimum a bed, sink, refrigerator, stove and functional
restroom facility which are designed to be contained within the motor
vehicle.
Firms or corporations selling intoxicating liquors to duly
licensed retailers for resale.
[R.O. 2008 §600.020; Ord. No. 4960 §1, 3-11-1991; Ord. No. 7528 §1, 5-28-2013; Ord. No. 8413, 9-27-2021]
A.
No person having a license under this law, nor any employee of such
person, shall sell, give away, or permit the consumption of, or suffer
the same to be done upon or about his/her premises, any intoxicating
liquor in any quantity between the hours of 1:30 A.M. and 6:00 A.M.
Tuesday through Saturday and between the hours of 1:30 A.M. and 6:00
A.M. Sunday and between the hours of 1:30 A.M. and 6:00 A.M. Monday.
B.
No person holding a "C.O.L." license under this Chapter shall permit
the drinking or consumption of intoxicating liquor in, upon or about
the premises between the hours of 1:30 A.M. and 6:00 A.M. on any day
of the week.
[R.O. 2008 §600.030; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6599 §1, 11-10-2003; Ord. No. 8413, 9-27-2021]
A.
When
January first (1st), March seventeenth (17th), July fourth (4th),
or December thirty-first (31st) falls on Sunday, and on the Sundays
prior to Memorial Day and Labor Day and on the Sunday on which the
national championship game of the national football league is played,
commonly known as "Super Bowl Sunday," any person having a license
to sell intoxicating liquor by the drink may be open for business
and sell intoxicating liquor by the drink under the provisions of
his/her license on that day from the time which would be lawful on
another day of the week, notwithstanding any provisions of Section
311.290, RSMo., or any other provision of law to the contrary.
B.
Notwithstanding
any other provisions of this Chapter to the contrary, any person who
possesses the qualifications required by this Chapter, and now or
hereafter meets the requirements of and complies with the provisions
of this Chapter, may apply for, and the Supervisor of Liquor Control
may issue, a license to sell intoxicating liquor, as in this Chapter
defined, between the hours of 6:00 A.M. Sunday and 1:30 A.M. Monday
for retail sales or by the drink at retail for consumption on the
premises of any restaurant bar as described in the application.
[R.O. 2008 §600.040; Ord. No. 4960 §1, 3-11-1991]
Any druggist may have in his/her possession intoxicating liquor
purchased by him/her from a licensed vendor, or intoxicating liquor
lawfully acquired at the place of acquisition and legally transported
into this State and the City, and lawfully inspected, gauged and labeled
as provided for in State Law; such intoxicating liquor to be used
in connection with the business of a druggist, in compounding medicines
or as a solvent or preservant; provided, that nothing in this Chapter
shall prevent a regularly licensed druggist, after he/she procures
a license therefor in compliance with this Chapter, from selling intoxicating
liquor in the original package, but not to be drank or the package
opened on the premises where sold; and provided further, that nothing
in this Chapter shall be construed as limiting the right of a physician
to prescribe intoxicating liquor in accordance with his/her professional
judgment for any patient at any time, or prevent a druggist from selling
intoxicating liquor to a person on prescription of a regularly licensed
physician as above provided.
[R.O. 2008 §600.045; Ord. No. 5320 §1, 7-17-1995; Ord. No. 5402 §1, 4-8-1996]
A.
It
shall be unlawful for any person under the age of nineteen (19) years
to enter in, be upon the premises of, or to linger or loiter in or
about the premises of any licensee holding a liquor by the drink license
or a consumption of liquor license, except any such person under the
age of nineteen (19) years of age may be on such premises if accompanied
by his/her parent or legal guardian.
B.
It
shall be unlawful for any individual to allow, cause or assist any
person under the age of nineteen (19) years to enter or be on the
premises of, or linger or loiter in or about the premises of any licensee
holding a liquor by the drink license or consumption of liquor license
in violation of the preceding paragraph.
C.
Any
license holding a liquor by the drink license or consumption of liquor
license shall have a sign conspicuously displayed in the common area
at the principal entrance to the premises, which shall read as follows:
IT IS UNLAWFUL FOR PERSONS UNDER THE AGE OF NINETEEN (19) TO
ENTER THESE PREMISES UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.
VIOLATION CAN RESULT IN A FINE OF UP TO FIVE HUNDRED DOLLARS ($500.00)
AND/OR NINETY (90) DAYS IN JAIL.
D.
This
Section shall not apply to any establishment where substantial quantities
of food are served (fifty percent (50%) or more gross sales from the
sale of food prepared or consumed on the premises) or fifty percent
(50%) or more gross sales from the sale of commodities other than
liquor, including such as billiards, bingo, bowling, indoor golf,
soccer or volleyball.
E.
This
Section shall not apply to any charitable, fraternal, religious, service
or veteran's organization that has obtained an exemption from payment
of Federal income taxes as provided in Section 501(c)(3), 501(c)(4),
501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10), 501(c)(19), or 501(d)
of the United States Internal Revenue Code of 1954, as amended in
accordance with Section 311.090(2), RSMo.
F.
Every
person who commits a violation of this Section shall be adjudged guilty
of a ordinance violation, and be punished by imprisonment not exceeding
three (3) months in jail or a fine of not more than five hundred dollars
($500.00), or by both such fine and imprisonment. Each entry in or
upon the premises in violation of this Section, or each occurrence
of loitering in violation of this Section, shall be punishable as
a separate distinct offense.
[R.O. 2008 §600.050; Ord. No. 4960 §1, 3-11-1991]
No licensee or his/her employee shall sell, vend, give away
or otherwise supply any intoxicating liquor 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; nor shall any person holding a "C.O.L." license
or his/her employee permit the drinking or consumption of intoxicating
liquor in, upon or about the licensed premises by any person under
the age of twenty-one (21) years.
[R.O. 2008 §600.060; Ord. No. 4960 §1, 3-11-1991]
A.
No
person, organization, club or other group shall purchase or in any
way secure or supply intoxicating liquor for or to any person under
the age of twenty-one (21) years.
B.
The prohibition obtained in Subsection (A) shall not apply to the purchase, securing or supply of any intoxicating liquor by the parent or guardian of such person under such age or to the administrating of the sale of intoxicating liquor to such person under such age by a duly licensed physician as part of the medical treatment.
C.
If said violation of Subsection (A) in this Section shall be violated, then the person as well as the organization, club or group which shall be sponsoring, acquisiting or condoning the violation of this Section shall be guilty of an ordinance violation and further, if the violation involves any organization, club or group, the officers, directors, sponsors, leaders or organizers of the illegal securing or supplying of intoxicating liquor may in addition thereto, be held individually guilty of violating this Section.
[R.O. 2008 §600.070; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6778 §§1 — 2, 8-22-2005]
A.
It
shall be unlawful for any person under the age of twenty-one (21)
years to purchase or attempt to purchase any intoxicating liquor as
defined by Missouri law.
B.
It
shall be unlawful for any person under the age of twenty-one (21)
years to have in his or her possession any intoxicating liquor as
defined by State law or to be visibly intoxicated as that term is
defined by State law or to have a detectable blood alcohol content
of two-hundredths of one percent (.02%) or more by weight of alcohol
in such person's blood.
C.
For
the purpose of determining a violation of this Section or any other
provision of this Chapter involving an alleged illegal sale transfer
to or possession of intoxicating liquor by a person under twenty-one
(21) years of age, a manufactured-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is such 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 the person and it shall be presumed that a sealed
container describing that there is intoxicating liquor therein contains
intoxicating liquor.
[R.O. 2008 §600.075; Ord. No. 6777 §1, 8-29-2005]
A.
It
shall be unlawful for any person to supply any intoxicating liquor
to any person under the age of twenty-one (21) years.
B.
Any
owner, occupant, or other person or legal entity with a lawful right
to the exclusive use and enjoyment of any property who knowingly allows
a person under the age of twenty-one (21) to drink or possess intoxicating
liquor or knowingly fails to stop a person under the age of twenty-one
(21) from drinking or possessing intoxicating liquor on such property,
unless such person allowing the person under the age of twenty-one
(21) to drink or possess intoxicating liquor is his or her parent
or guardian, is guilty of an ordinance violation.
C.
It
shall be a defense to the prosecution under this Section if:
1.
The defendant is a parent or guardian of the person who is under
twenty-one (21) years of age; or
2.
The defendant is a licensed retailer, club, drinking establishment
or caterer or holds a temporary permit or an employee thereof; and
the defendant sold the intoxicating liquor to the minor with reasonable
cause to believe that the minor was twenty-one (21) years of more
of age; and to purchase the intoxicating liquor, the person exhibited
to the defendant a driver's license, Missouri non-driver's identification
card or other official or apparently official document containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age of consumption
of intoxicating liquor.
[R.O. 2008 §600.080; Ord. No. 4960 §1, 3-11-1991]
A.
Any
person of the age of seventeen (17) years and under the age of twenty-one
(21) years who shall represent that he or she has attained the age
of twenty-one (21) years for the purpose of purchasing, asking for
or in any way receiving any intoxicating liquor, except in cases authorized
by law, shall upon conviction be deemed guilty of a ordinance violation.
B.
Any
person under the age of seventeen (17) years who shall represent that
he or she has attained the age of twenty-one (21) years for the purpose
of purchasing, asking for or in any way receiving any intoxicating
liquor, except in cases authorized by law, may be considered a delinquent
child and may be dealt with in accordance with the provisions of Chapter
211, RSMo.
[R.O. 2008 §600.090; Ord. No. 4960 §1, 3-11-1991]
B.
In
any place of business licensed in accordance with Section 311.200,
or Section 312.040, RSMo., persons at least eighteen (18) years of
age may stock, arrange displays, operate the cash register or scanner
connected to a cash register and accept payment for, and sack for
carryout, intoxicating liquor. Delivery of intoxicating liquor away
from the licensed business premises cannot be performed by anyone
under the age of twenty-one (21) years. Any licensee who employs any
person under the age of twenty-one (21) years, as authorized by this
Subsection, shall, when at least fifty percent (50%) of the licensee's
gross sales does not consist of non-alcoholic sales, have an employee
twenty-one (21) years of age or older on the licensed premises during
all hours of operation.
C.
In
any distillery, warehouse, wholesale distributorship or similar place
of business which stores or distributes intoxicating liquor but which
does not sell intoxicating liquor at retail, persons at least eighteen
(18) years of age may be employed, and their duties may include the
handling of intoxicating liquor for all purposes except consumption,
sale at retail, or dispensing for consumption or sale at retail.
D.
Persons
eighteen (18) years of age or older may, when acting in the capacity
of a waiter or waitress, accept payment for or serve intoxicating
liquor in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consist of food; provided, that nothing in this Section shall authorize
persons under the age of twenty-one (21) years to mix or serve across
the bar alcoholic beverages.
[R.O. 2008 §600.095; Ord. No. 6202 §1, 6-28-1999; Ord. No. 8413, 9-27-2021]
A.
A person
commits the offense of transporting an open container, if any open
container of intoxicating liquor is found within a motor vehicle that
is being operated within the City limits of the City of Maryville
other than on private property. An open container shall be considered
to be in the possession of the operator of the motor vehicle if the
container is not in the sole possession of a passenger.
B.
A person
commits the offense of possession of an open container, if an open
container of intoxicating liquor is possessed by him/her while the
person is a passenger in a motor vehicle being operated within the
City limits of the City of Maryville other than on private property.
C.
Notwithstanding
the foregoing provisions, a person shall not be guilty of transporting
an open container, nor be guilty of possession of any open container
if:
1.
The person is a passenger in a vehicle which the driver is operating
the vehicle pursuant to a contract to provide transportation for passengers
and such driver holds a valid commercial driver's license with a passenger
endorsement; or
2.
The person is a passenger of a bus in which the driver holds a valid
commercial driver's license with a passenger endorsement; or
3.
The person is a passenger of a self-contained motor home; or
4.
The open container is located in a locked glove compartment, a locked
trunk or other locked non-passenger area of the vehicle;
5.
In the case of motorcycles, motorized bikes and other two-wheeled
motor vehicles, the open container is enclosed within another container;
or
6.
The open container was sold to the person by a person licensed to
sell intoxicating liquor at retail by the drink for on-premises consumption,
and the open container is in a retailer-packaged container, filled
on premises by any employee of the retailer who is twenty-one (21)
years of age or older, for off-premises consumption, and the open
container meets the following requirements:
a.
The container of the alcoholic beverage is rigid, durable, leak-proof,
sealable, and designed to prevent consumption without removal of the
tamperproof cap or seal. A "sealable" container does not include a
container with a lid with sipping holes or openings for straws;
b.
The contents of each container do not exceed one hundred twenty-eight
(128) ounces;
c.
The patron orders and purchases a meal from the licensee simultaneous
with the alcoholic beverage purchase. For purposes of this subdivision,
a "meal" is defined as food that has been prepared on-premises;
d.
The number of alcoholic beverages sold under this Section by a licensee
for off-premises consumption is limited to twice the number of meal
servings sold by the licensee for off-premises consumption;
e.
The licensee provides the patron with a dated receipt or an electronic
record for the meal and alcohol beverages; and
f.
The container is either:
(1)
Placed in a one-time-use, tamperproof, transparent bag that
is securely sealed; or
(2)
The container opening is sealed with tamperproof tape. For purposes
of this subdivision, "tamperproof" means that a lid, cap, or seal
visibly demonstrates when a bag or container has been opened.
|
Containers that are filled under this Section shall be affixed
with a label or a tag that contains the name and address of the business
that filled the container, in type not smaller than three (3) millimeters
in height and not more than twelve (12) characters per inch, and states,
"THIS BEVERAGE CONTAINS ALCOHOL." The filling of a container under
this Section shall be in compliance with Section 3-304.17(c) of the
2009 Food and Drug Administration Food Code, and as the same may be
amended.
|
[R.O. 2008 §600.100; Ord. No. 4960 §1, 3-11-1991]
No license shall be issued for the sale of alcoholic beverages
or "C.O.L." in or upon any structure occupied in whole or in part
as a dwelling unless such dwelling is equipped with a separate entrance
and unless there is no means of entrance or exit from the licensed
premises to any dwelling. This Section shall not apply to back single
rooms used by night watchmen as places of rest.
[R.O. 2008 §600.110; Ord. No. 4960 §1, 3-11-1991]
In the event the owner, tenant or manager of any property within
the confines of the City shall display a sign at or upon said property
to the effect that no intoxicating liquor may be sold, displayed or
consumed upon said property, then anyone in violation of the prohibition
on said sign shall, upon conviction thereof, be deemed guilty of a
ordinance violation.
[R.O. 2008 §600.120; Ord. No. 4960 §1, 3-11-1991]
Licensees selling intoxicating liquor at retail by the drink
for consumption on the premises where sold, shall not keep or secrete,
nor allow any other person to keep or secrete, in or upon the licensed
premises, any intoxicating liquor other than the kind expressly authorized
to be sold by such licensee or permittee.
[R.O. 2008 §600.130; Ord. No. 4960 §1, 3-11-1991]
No holder of a license under this Chapter, or any other person,
shall for any purpose whatsoever mix or permit or cause to be mixed
with any intoxicating liquor kept for sale, sold or supplied by him/her
as a beverage, any drug or form of methylalcohol or impure form of
alcohol.
[R.O. 2008 §600.140; Ord. No. 4960 §1, 3-11-1991]
No licensee shall sell intoxicating liquor or shall offer for
sale any such intoxicating liquor, brewed, manufactured or distilled
by one (1) manufacturer, in substitution for, or with the representation
that any such intoxicating liquor is the product of any other brewer,
manufacturer or distiller.
[R.O. 2008 §600.150; Ord. No. 4960 §1, 3-11-1991]
No more than one (1) retail license provided for by this Chapter
shall be issued for any single premises at any given time.
[R.O. 2008 §600.160; Ord. No. 4960 §1, 3-11-1991; Ord. No. 6478 §1, 6-24-2002]
A.
It
shall be unlawful for any licensee to have, allow or encourage upon
its premises any gambling or gaming as defined by State law, including
both games of chance and games of skill, unless that gambling or gaming
is permitted on the premises of a licensee by the Missouri Gaming
Commission and the Missouri Division of Liquor Control.
B.
It
shall be unlawful for any gambling or gaming as defined by State law,
including both games of chance and games of skill, to occur on the
premises of a licensee, unless that gambling or gaming is permitted
on the premises of a licensee by the Missouri Gaming Commission and
the Missouri Division of Liquor Control.
C.
It
shall be unlawful for any licensee to allow or have any gambling devices
upon its premises unless the operation of said device on the premises
of the licensee is permitted by the Missouri Gaming Commission and
the Division of Liquor Control.
[R.O. 2008 §600.170; Ord. No. 4960 §1, 3-11-1991]
A.
No
retail licensee shall knowingly permit any prostitute, degenerate
or dissolute person to frequent the licensed premises.
B.
No
retail licensee shall allow in or upon his/her premises any improper
disturbance, lewdness, immoral activities, brawls, or any indecent,
profane or obscene language, songs, entertainment, literature or advertising
material — nor shall any licensee cause to have printed or distributed
any lewd, immoral, indecent literature or advertising material; or
cause to have printed or distributed any lewd, immoral, indecent or
obscene literature or advertising material; not allow any person to
appear on the licensed premises in a condition where either or both
of the breasts or pelvic area, or the buttocks, are not covered with
opaque clothing, and no dancing will be allowed on any surface where
food or drinks are served or any place within the premises open to
public view from the exterior of a licensed premises. No person shall
perform a lewd or erotic dance defined herein as being devoted to
or tending to arouse sexual desire, nor shall any person perform a
striptease dance defined herein as removal of clothing.
[R.O. 2008 §600.180; Ord. No. 4960 §1, 3-11-1991; Ord. No. 8272, 5-26-2020]
No person holding a license for the retail sale of intoxicating
liquor shall knowingly sell, give away or serve upon the premises
described in said license, any glass, ice, water, soda-water, phosphates
or any other kind of liquids to be used for the purpose of mixing
intoxicating drinks and commonly referred to as "setups" nor shall
any such licensee suffer any person, while in or upon the licensed
premises, to pour into, mix with, or add intoxicating liquor to water,
soda-water, ginger ale, seltzer, malt, phosphates or any other kind
of liquor or other liquor; provided, however, that nothing herein
contained shall be construed to prohibit any of the above acts in
any private guest room or private dining room of any duly licensed
hotel, motel or private club.
[R.O. 2008 §600.190; Ord. No. 4960 §1, 3-11-1991]
Upon information by the City Prosecuting Attorney that any person
has failed or refused to observe all the terms and conditions of a
subpoena or subpoena duces tecum issued by the Director of Public
Safety, or upon complaint filed by a Public Safety Officer or other
person authorized to effect arrests, the Municipal Judge shall, at
once issue a warrant for the arrest of the person complained against,
which warrant shall be directed to the Director of Public Safety and
shall be executed by him/her or any Officer or member of the Department
of Public Safety.
