For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMUSEMENT PLACE. Any establishment whose business building contains a square footage of at least 6,000 square feet, and where games of skill commonly known as billiards, volleyball, indoor golf, bowling, or soccer are usually played or has a dance floor of at least 2,500 square feet or any outdoor golf course with a minimum of nine holes, and which has annual gross receipts of at least $100,000 of which at least $50,000 of such gross receipts is in non-alcoholic sales.
BOARD. The Board of Aldermen of the City of Otterville, Missouri.
CITY. The City of Otterville, Missouri.
CLOSED PLACE. A place where all doors are locked and where no patrons are in the place or about the premises.
COLLECTOR. The Collector of the City of Otterville, Missouri. If a vacancy exists in the office of COLLECTOR, the City Clerk of the city shall exercise the duties and authorities herein delegated to the COLLECTOR.
COMMON EATING AND DRINKING AREA. An area or areas within a building or group of buildings designated for the eating of food and drinking of liquor sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor, where the costs of maintaining such area or areas are shared by the payment of common area maintenance charges, as provided in the respective leases permitting the use of such areas or otherwise, and where the annual gross income from the sale of prepared meals or food consumed in such common eating and drinking area is, or is projected to be, at least $275,000.
CONSUMPTION ON THE PREMISES. Where beer is served to, and consumed by, buyer on the premises of licensee.
FINANCIAL INTEREST. As defined in RSMo. § 311.060(4), as amended.
INTOXICATING LIQUOR. Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, apart of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of 0.5% by volume, except for non-intoxicating beer as defined herein. All beverages having an alcoholic content of less than 0.5% by volume shall be exempt from the provisions of this chapter.
LICENSEE. The person to whom a license authorized by this chapter has been issued.
LIGHT WINES. An intoxicating liquor consisting of wine containing not in excess of 14% of alcohol by weight made exclusively from grapes, berries, and other fruits and vegetables.
MALT LIQUOR. An intoxicating liquor containing alcohol in excess of 3.2% by weight and not in excess of 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.
NON-INTOXICATING BEER. 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 0.5% by volume and not exceeding 3.2% by weight.
ORIGINAL PACKAGE. Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one or more bottles or other containers of intoxicating liquor or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer. ORIGINAL PACKAGE shall also be construed and held to refer to any package containing three or more standard bottles of beer.
PERSON. An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any state or federal court.
RESORT. Any establishment having at least 30 rooms for the overnight accommodation of transient guests, having a restaurant or similar facility on the premises at least 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 $75,000 per year with at least $50,000 of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in RSMo. § 311.095(2). 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 food receipts requirements of this definition, 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.
RESTAURANT BAR. Any establishment having a restaurant or similar facility on the premises at least 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 $200,000 from the sale of prepared meals or food consumed on such premises.
SALE. The transfer of title or possession, or both, by exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, for a consideration, or an agreement therefor.
SALE BY THE DRINK. Sale of any intoxicating liquor except malt liquor, in the original package, in any quantity less than 50 milliliters shall be deemed SALE BY THE DRINK and may be made only by a holder of a retail liquor dealer’s license, and when so made, the container in every case shall be emptied and the contents thereof served as other intoxicating liquors sold by the drink are served.
(Prior Code, § 600.010) (Ord. 181, passed 1-20-1976)