ORDINANCE


AN ORDINANCE AMENDING ORDINANCE NO. 235, BEING AN ORDINANCE RELATING TO AND PROVIDING FOR NON-TRAFFIC, ALCOHOL AND DRUG-RELATED OFFENSES.


BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BROWN ING, MISSOURI, AS FOLLOWS:



RECITALS


Ordinance No. 235 was passed by the Board of Aldermen of the City of Browning, State of Missouri on October 10, 1996; and


An amendment to Section 31 is necessary to clarify the intent of the original Ordinance;


NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE CITY OF BROWNING, STATE OF MISSOURI, AMENDS ORDINANCE NO. 235 BY ADDING SECTION 31 A AND ORDAINS AS FOLLOWS:


Section 31 A: Proof of Intoxicating Liquor or Non-Intoxicating Liquor.


For purposes of prosecution under this Chapter involving intoxicating liquor, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is 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 such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.


For purposes of prosecution under this Chapter involving non-intoxicating beer, a manufacturer-sealed container describing that there is non-intoxicating beer therein need not be opened or the contents thereof tested to verify that there is non-intoxicating beer in such container. The alleged violator may allege that there was not non-intoxicating beer in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is non-intoxicating beer therein contains non-intoxicating beer.



No other provisions of Ordinance No. 235 or any other Ordinance of the City of Browning are repealed, altered, amended or changed by this amendment to Ordinance No. 235. This Ordinance shall be in full force and effect from and after its passage.

PASSED AND APPROVED this 3rd day of March, 1997.





ATTEST:



Sally Grieger, City Clerk

BILLNO. 420
ORDINANCE NO. 246

EFFECT AND EFFECTIVE DATE

(SEAL)