ORDINANCE NO. 47
AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF THE SALE OF INTOXICATING LIQUOR. AND FIXING THE AMOUNT OF LICENSE THEREFOR AND REGULATING THE POSSESSION AND CONSUMPTION OF INTOXICATING LIQUOR.
License For Liquor March 5, 1934


Be it ordained by the Board of Aldermen of the City of Browning, Missouri as follows.
Section 1.
Liquor Defined: The term intoxicating liquor, as used in this ordinance, shall mean and include all alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combinations of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of three and two tenths (3.2) percent of alcohol by weight.
Section 2.
License required: It shall be unlawful for any person, firm, association of persons, partnership, company or corporation to have or keep for sale, sell or offer for sale intoxicating liquor, in any quantity, in the City of Browning , Missouri without having first obtained a license from the City of Browning to do so.
Section 3.
Amount of License: The following amounts shall be collected by the City of Browning, Missouri, for license to sell intoxicating liquor: For the sale of intoxicating liquor containing not in excess of five percent (5%) of alcohol by weight, the sum of twenty five dollars ($25.00). [$35.00 amended 6-1-1948]
For the sale of intoxicating liquor containing in excess of five percent (5%) of alcohol by weight, to be sold in the original package and not to be opened or consumed on the premises described in the license, the sum of fifty dollars ($50.00).
Sale of Malt Liquor: Malt liquor, containing in excess of three and two tenths percent (3.2%) of alcohol by weight and not in excess of five percent (5%) of alcohol by weight may be sold to the consumer upon the premises where sold, and by the drink, by the holder of a license, issued by the City of Browning as provided in this ordinance, for the sale of intoxicating liquor containing in excess of three and two tenths percent (3.2%) of alcohol by weight, and less than five percent (5%) of alcohol by weight.
The term Malt Liquor as used in this ordinance shall mean that liquor manufactured from pure hops, and or pure extract of hops, and or pure barley malt and or wholesome grains and or cereals, and wholesome yeast and pure water, and commonly called and known as beer.
Section 5.
Term and non assignability of license: No license issued under this ordinance for the sale of intoxicating liquor shall be transferable or assignable, and shall be for the premises, and none other, described in the license. The term of such License shall be for the period of one year only, unless revoked for cause as herein provided.
Section 6.
License to whom issued: No person shall be granted a license under the term of this ordinance who is not of good moral character, or who is not a native born or naturalized citizen of the United States of America, and who is not a qualified voter of the City of Browning, Missouri.
Section 7.
License, how applied for: Applications for licenses under the term of this ordinance shall be made in writing to the Board of Aldermen and filed with the City Clerk. Applications when made for the sale of intoxicating liquor containing in excess of five percent (5%) of alcohol by weight to be sold in the original package not to be consumed on the premises where sold shall be accompanied by an appraisal of merchandise located on the premises for which the application is made. Said appraisal shall set out the clear market value of said merchandise, exclusive of fixtures and intoxicating liquor, and shall be under oath. No license shall be granted by the Board of Aldermen of the City of Browning, until it is satisfactorily shown that the laws of the State of Missouri have been fully complied with.
Section 8.
License: To whom Granted: No license shall be granted or issued for sale of intoxicating liquor containing in excess of five percent (5%) of alcohol by weight in the original package except to persons engaged in and to be used in connection with the following businesses: a drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery, and or delicatessen store, nor to any person that does not have and keep in the store for which the license is applied for a stock of goods and merchandise of a market value of at least fifteen hundred dollars ($1500.00) exclusive of fixtures and intoxicating liquor.
Section 9.
Premises Not to be Licensed: No license shall be issued under the terms of this ordnance for a place commonly known as a "saloon" nor in any place or building, or room, where blinds, screens curtains, swinging doors, or any other article or object obstructs or obscures the view of the public of the interior of such a place. Provided, further that no intoxicating liquor of any kind or description shall be kept for sale, or sold or served in any place or premises as above described and defined.
Section 10.
Granting of License: Upon approval of the application by the Board of Aldermen and the payment of the License tax herein provided the City Clerk shall issue applicant a license to conduct the sale of intoxicating liquor as described in the license, and upon the premises described in the license, for a period of one year.
Section 11.
When Intoxicating Liquor Shall Be Sold: No person having a license under the provisions of this ordinance, shall sell, offer for sale, give away, or otherwise dispose of, or suffer the same to be done, upon or about his premises, any intoxicating liquor, as herein defined, in any quantity what so ever, on the first day of the week, commonly known as Sunday, or on any state primary or Section 11 (Continued)
general election day, or any county, municipal, city or township election day. Provided, further, that no person shall sell, give away or otherwise dispose of intoxicating liquor, or suffer the same to be done upon or about his premises, between the hours of twelve o'clock midnight and six o'clock in the morning.
Section 12.
Place of Sale: No person having a license under the terms of this ordinance shall sell or offer for sale, intoxicating liquor in any place other than that described in his license.
Section 13.
Possession: No person shall sell, expose for sale, offer for sale, or possess within the corporate limits of the City of Browning, Missouri, any intoxicating liquor as herein defined, unless the same has been inspected and labeled according to the provisions of the State Liquor Control Act, or in packages that shall have upon them the certificate and label of the State supervisor of Liquor Control. Provided however, it shall not be unlawful to permit the natural fermentation of fruit juices in the home for exclusive use of the occupants of the home and their guests. And provided further, it shall be unlawful for the holder of any license for the sale of malt liquor, as herein defined, for consumption on the premises where sold, to keep or secrete, or allow any other person to keep or secrete in or upon the premises described in such license, and intoxicating liquor, other than the kind of liquor expressly authorized to be sold by such license.
Section 14.
Where Consumed: It shall be unlawful for any person to drink or consume intoxicating liquor upon any public street of the City of Browning, Missouri, or in the view or presence and sight of minors.
It is further provided that no person or persons shall consume or drink intoxicating liquor containing more than five percent (5%) of alcohol by weight upon the premises where purchased and that no person holding a license shall permit or allow the consumption of intoxicating liquor containing more than five percent (5%) of alcohol by weight upon or in the premises described in his said license.
Section 15.
To Whom Sold: No person licensed under the terms of this ordinance shall sell or supply any intoxicating liquor to a habitual drunkard, or to any person who is under, or who is apparently under the influence of intoxicating liquor, or to any person who is under the age of twenty one (21) years. But, provided, that this section shall not apply to liquor dispensed for medical purposes upon the prescription of a practicing physician, or that is given to a minor by his parents or guardian.
Section 16.
Holder of License to Maintain Order: No person holding a license for sale of intoxicating liquor in the City of Browning shall allow or permit the use of loud, indecent or profane conversation in or around the premises described in such license, and shall not allow or permit disorderly conduct, peace disturbances or brawls in or about said premises, and shall not Section 16 (Continued)
allow or permit minors to frequent or loiter about said premises without the consent of their parents or guardians.
Section 17.
License to be Revoked When: Whenever any person holding a license in the City of Browning for the sale of intoxicating liquor shall violate any of the terms of this ordinance and shall be convicted in the Police Court of said City of Browning for the violation of this ordinance, or any part thereof, it shall be the duty of the Board of Aldermen to cancel and revoke the license of such person at the next regular meeting of the said Board of Aldermen, and it shall be unnecessary to serve any notice on said meeting upon the holder of said license of such meeting.
Whenever the Board of Aldermen of the City of Browning, or the Mayor of the said City shall be advised by a written complaint filed with the Mayor of said City that any person holding a license has violated any of the terms or provisions of this ordinance or is maintaining an immoral or disorderly place of business, or maintaining and permitting to be maintained a disorderly house, it shall be the duty of the Board of Aldermen, if they find that probable cause exists for the revocation of such license as shown by said complaints, to cause a notice to be served upon the holder of such license at least ten (10) hours before the next regular meeting of the Board of Aldermen of such complaints and that the Board of Aldermen will hear such complaints and determine the matter, and that the said holder of the license may have a right to attend said meeting and show cause why his license should not be revoked, said notice shall state the time and place of said meeting.
The witnesses shall be sworn and their testimony taken as to the matter under inquiry, and if the Board of Aldermen find that the holder of the license has violated any provision of this ordinance or is maintaining an immoral or disorderly house, or permitting the operation of an immoral or disorderly place of business, the Board of Aldermen shall, by an order entered on the minutes of the City Clerk, revoke and cancel said license.
Section 18.
Revoked License Results: No person whose license has been revoked or canceled as herein provided, shall be issued a license or a renewal thereof for the period of one year.
Section 19.
Person Defined: The term as used in this ordinance shall include any individual, association, stock company, partnership or corporation.
Section 20.
In Case of Revocation of License: In case of revocation or forfeiture or cancelation of a license granted and issued under the terms of this ordinance, the City shall in no event return any part of the license fee paid for such license.
Section 21.
Conviction, Duty of Police Judge: Upon conviction of any person under the terms of this ordinance, it shall be the duty of the Police Judge to certify such convictions to the Board of Aldermen and to the State Supervisor of Liquor Control.
Section 22.
Violation, Penalty: Any person or persons violating the terms of this ordinance, or any section thereof shall upon conviction thereof be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars ($100.00). Provided further, that each and every day that said ordinance is violated by such person or persons shall be a separate offense.
Section 23.
Repeal Clause: All ordinances, or parts of ordinances in conflict herewith are hereby repealed. (Section 46 of Ord.#33)
Section 24.
When In Force: This ordinance shall be in force and effect from and after its passage by the Board of Aldermen of the City of Browning, Missouri and its approval by the Mayor of the City of Browning, Missouri.

Passed by the Board of Aldermen of the City of Browning, Missouri and approved by the Mayor of the City of Browning, Missouri, this___5___day of March, 1934.




H. Elmo Schrock , Mayor, City of Browning, Missouri


Attest:
H. L. Adams , City Clerk