§ 4-1. Definitions.

[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:]

Alcohol is, by law, an age-restricted product that is regulated differently than other products. The provisions of this ordinance adhere to vital state regulation established for the sale and distribution of alcohol beverages in order to promote responsible consumption, combat illegal underage drinking, and achieve other important goals such as maintaining an orderly marketplace composed of licensed alcohol producers, importers, distributors, and retailers.

Closed place. A place where all doors are locked and where no patrons are in the place or about the premises.

State Law reference— Similar provisions, RSMo. § 311.290.

Intoxicated or intoxicated condition. A person is in an intoxicated condition when he or she is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.

Intoxicating liquor (spirits). 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 (0.005) percent by volume. All beverages having an alcoholic content of less than one-half of one (0.005) percent by volume shall be exempt from the provisions of this chapter.

State Law reference— Similar provisions, RSMo. §§ 311.020 and 577.001(13).

Intoxicating malt liquor (beer). Beer shall be brewed from malt or malt substitute, which only includes rice, grain of any kind, bean, glucose, sugar and molasses. Honey fruit, fruit juices, fruit concentrate, herbs, spices, and other food materials may be used as adjuncts in fermenting beer. Flavor and other nonbeverage ingredients containing alcohol may be used in producing beer, but cannot contribute more than forty-nine (49) percent of the overall alcohol content of finished beer. Beer with an alcohol content of more than six (6) percent by volume, cannot consist of no more than one and one-half (1½) percent of the volume to be derived from added flavors and other nonbeverage ingredients containing alcohol.

State Law reference— Similar provisions, RSMo. § 311.490.

Managing officer. A person in the licensee's employ, either as an officer or as an employee who is vested with the general control and superintendence of a whole, or a particular part of, the licensees' business.

State Law reference— Similar provisions, RSMo. § 311.060.

Microbrewery. A business whose primary activity is the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less.

State Law reference— Similar provisions, RSMo. § 311.195.

Not for profit organization. Any tax exempt church, school, civic, service, fraternal, veteran, political, or charitable club or organization registered with the Secretary of State as a nonprofit entity and U.S. Treasury Department exempting the organization from taxes under 501(C)3, 501(C)4, 501(C)5, 501(C)7, 501(C)8, 501(C)10, 501(C)19, or 501(D).

Original package. Any package containing one (1) or more standard bottles, cans or pouches of beer.

State Law reference— Similar provisions, RSMo. § 311.200(2).

Person. Any individual, association, joint stock company, syndicate, copartnership, corporation, receiver, trustee, conservator, or other officer appointed by any state or federal court to whom or to which any provision of this chapter applies or may apply.

State Law reference— Similar provisions, RSMo. § 311.030

Premises. The place where intoxicating liquor is sold. The premises can be one (1) room, a building of several rooms or a building with adjacent or surrounding land such as a lot or garden.

(Ord. No. 11607, 3-3-2003; Ord. No. 11830, § I, 4-1-2008; Ord. No. 12278, § 1, 4-16-2018)