ORDINANCE NO. 49
AN ORDINANCE OF THE CITY OF BROWNING, MISSOURI, RELATING TO THE REGULATION, CONTROL, MANUFACTURE, BREWING, SALE, POSSESSION, TRANSPORTATION, AND DISTRIBUTION OF NON-INTOXICATING BEER; DEFINING NON-INTOXICATING BEER AND OTHER TERMS USED IN THIS ORDINANCE: PROVIDING FOR THE ISSUANCE OF LICENSE FOR THE MANUFACTURE AND SALE BOTH AT WHOLESALE AND RETAIL OF NON-INTOXICATING BEER: PRESCRIBING LICENSE AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE: AND FIXING THE TIME WHEN SAID ORDINANCE SHALL BECOME EFFECTIVE.
Be it Ordained by the Board of Aldermen of the City of Browning, Missouri, as Follows, To*wit:
SECTION 1: ORDINANCE--HOW Cited--This ordinance may be cited as the "Non-Intoxicating Beer Ordinance."
SECTION 2: NON-INTOXICATING BEER, DEFINED--Beer having an alcoholic content of not less than one-half (1/2%) percent by volume, nor exceeding three and two-tenths (3.2%) percent by weight, is hereby declared to be non-intoxicating beer. All beverages having an alcoholic content less than one-half (1/2) percent by volume shall be exempt from this ordinance.
SECTION 3: LICENSE REQUIRED--it shall be unlawful for any person firm, partnership, or corporation to manufacture, sell or expose for sale, either at wholesale or retail, within the corporate limits of the city of Browning, Missouri, non-intoxicating beer, as herein defined, in any quantity without first having obtained a license from the city therefore, except as otherwise herein provided.
SECTION 4: AMOUNT OF LICENSE--The license required and imposed under this Ordinance shall be as follows:
(A)-For a license authorizing the manufacture and sale by the manufacture, on non-intoxicating beer, the sum of seventeen & no/100 Dollars.
(B)-For a permit authorizing the sale of the city of Browning, Missouri, by any distributor or wholesaler other than the manufacturer or brewer thereof , on non-intoxicating beer, the sum of seventeen & no/100 Dollars.
(C)-For permit authorizing the sale of beer for consumption on premises where sold the sum of seventeen & no/100 Dollars.
(D)-For a license authorizing the sale of non-intoxicating beer by grocers and other merchants and dealers for sale in the original package direct to the consumer but not by retail, the sum of seventeen & no/100 Dollars.
SECTION 5: LICENSE NON-TRANSFERABLE--No license used under this Ordinance shall be transferable or assignable.
SECTION 6: DURATION OF LICENSE--Each license issued in compliance with this Ordinance shall be for one year from date of issue unless revoked for cause herein provided.
SECTION 7: RESTRICTION AS TO TIME OF SALE--No person having a license under the provision of this Ordinance shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his premises, any non-intoxicating beer in any quantity, or upon the day of any general pr primary election in this State, or upon any County, City, Town or Municipal Election Day.
SECTION 8: HOURS OF SALE--No person having a license under the provisions of this Ordinance shall sell, give away, or otherwise dispose of or suffer the same to be done upon or about his premises, any non-intoxicating beer in any quantity between the hours of Twelve o'clock midnight and Six o'clock A. M.
SECTION 9: RESTRICTIONS AS TO PLACE OF SALE--No person, agent, or employee of any person in any capacity shall sell non-intoxicating beer in any other place than that designed in the license: or at any other time or otherwise than is authorized by this ordinance and the regulations herein provided for. Provided, further that no license shall be issued by the City Council, of Browning, Missouri, for the sale of non-intoxicating beer at retail for consumption on the premises where sold, in a place commonly known as a "Saloon", nor in any building or room where there are blinds, screens, swinging doors, curtains, or any other thins in such building or room that will obstruct or obscure the interior of such room from public view. Provided, further, that should any place so licensed to sell non-intoxicating beer put up any blinds, screens, doors, swinging doors, curtains, that will in any obstruct or obscure the interior of such rooms from public view: the City Council may revoke the license of any such person or persons so permitting such obstruction to be placed.
SECTION 10: PROHIBITIONS CONCERNING DRUNKARDS AND MINORS--No person or his employee shall sell or supply non-intoxicating beer or permit the same to be sold or supplied to a habitual drunkard or to any person who is under or apparently under the influence of intoxicating liquor. Non-intoxicating beer shall not be given sold, or otherwise supplied to any person under the age of Twenty-One years but this shall not apply to supplying of non-intoxicating beer to a person under said age by the parent or guardian of such or to administering of said non-intoxicating beer to said person by a Physician. No person under the age of Twenty-One years shall sell or assist in the sale or dispensing of non-intoxicating beer.
SECTION 11: POSSESSION OF NON-INTOXICATING BEER THAT HAS AN ALCOHOLIC MIXTURE, A MISDEMEANOR--Any person within the corporate limits of the City of Browning, Missouri, holding a license under the provisions of the Ordinance who shall pour into, mix with, or add to any non-intoxicating beer, as in this article defined, any
alcohol or other liquid, or any alcohol or other liquid, or any cube or cubes, or any other ingredients that will increase or tend to increase the alcoholic content of such non-intoxicating beer on the licensed premises where his business is conducted or suffer the same to be done, or who shall possess any such mixture on said premises, shall be deemed guilty of a misdemeanor and upon a conviction thereof shall be convicted and fined the sum of not less than One Dollar ($1.00) or not more than One Hundred Dollars,($100.00).
SECTION 12: APPLICATION FOR LICENSE--All applications for license under the provisions of this Ordinance shall be made in writing to the City Council. No license shall be granted at the same meeting of the City Council at which the application is presented except by unanimous vote of the Council. Provided, however, that said application may be passed on by the City Council at the first meeting of the Council at which the application is presented, if said applicant has first served notice in writing, of his intention to present said application, upon each member of the council, at least five days before the meeting of the council at which said application is to be presented.
SECTION 13: GRANTING OF LICENSE--On approval of the application by the City Council and payment of the license tax herein provided, the City Clerk shall grant applicant a license to continue business in the City for one year from date of issuance of said license. A separate license for each place of business shall be required. Every license issued under the provisions of this Ordinance shall particularly describe the premises at which non-intoxicating beer, may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein. Provided, further, that the other than that described therein. Provided, further, that the City Clerk shall not deliver to any person a license under the provisions of this Ordinance, until such person shall produce the receipt of the City Collector showing that the taxes levied on the same have been paid.
SECTION 14: LICENSE: QUALIFICATIONS OF APPLICANT--"No person shall be granted a license under this Ordinance unless such person is of good moral character and a native born or naturalized citizen of the United States of America, and a qualified legal voter and tax paying citizen of the city of Browning, Missouri, and no person shall be granted a license or permit hereunder, whose license as such dealer has been revoked, or who has been convicted since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or who employs or has employed in his business as such dealer, any person whose license has been revoked or who has been convicted of violating the provisions of any such law since the date aforesaid.
SECTION 15: HOLDER OF LICENSE TO MAINTAIN ORDER--No person holding a license permitting the sale of non-intoxicating beer in the city of Browning, Missouri, shall allow or permit the use of loud, indecent or profane conversation in or around the places described, in such licenses, and shall not allow or permit disorderly conduct, peace disturbance, or brawls in or about said premises, and shall not allow or permit minors to frequent or loiter about said premises without the written consent of the minor's parents or guardian, which written consent shall be exhibited to any person asking to see the same. Nothing herein, however, shall be construed to prevent minors being present, if accompanied by their parent or guardian.

SECTION 16: REVOCATION OF LICENSE--The City Council of Browning, Missouri, may, on hearing, revoke any license issued under the provisions of this Ordinance for good cause shown, first having given such licensee not less than Ten (10) days notice in writing of the application to revoke his license prior to the order of revocation issuing, which said notice shall contain the ground grounds for such revocation set out herein, which notice shall command the licensee to be present at the regular called meeting of the City Council and show cause, if any, why such license should not be revoked. Provided, that said licensee shall have full right to be represented by Counsel at said Hearing, and may produce witnesses and evidence in his behalf at such Hearing, Provided, further, that such notice of revocation hearing shall be served by the City Marshal and may be served upon the licensee by leaving a copy thereof with the licensee, or any person or employee in charge of the place of business of said licensee.
SECTION 17: PENALTY FOR VIOLATION OF ORDINANCE--Any person violating any of the provisions of this Ordinance, except where some penalty is otherwise provided, shall upon conviction thereof be adjudged guilty of a misdemeanor, and shall be punished by a fine of not less than One ($1.00) Dollar and not exceeding One Hundred ($100.00) Dollars. Provided, that upon final conviction of any person for the violation of any of the provisions of this Ordinance, said conviction shall automatically operate to revoke the license hereunder issued to such person. Provided, further, that the term "Conviction" as herein used, shall mean conviction upon final determination of any prosecution of any violation of this Ordinance. Provided, further, that no person having been convicted of the violation of this Ordinance, shall be issued a license or a renewal thereof for a period of one year, from the date of said conviction.
SECTION 18: PERSON DEFINED--The term "Person" as used in this Ordinance shall mean and include any individual, firm, stock company, association, syndicate, partnership, or corporation.
SECTION 19: CONVICTION DUTY OF POLICE JUDGE--Upon conviction of any person under the provisions of this Ordinance, it shall be the duty of the Police Judge to certify such conviction to the City Council.
SECTION 20: REVOCATION SHALL FORFEIT LICENSE FEE--In cases of revocation of forfeiture of any license granted and issued under the provisions of this Ordinance for cause or otherwise, the City shall in no event return any part of the license fee paid for such license.
SECTION 21: UNCONSTITUTIONALITY CLAUSE--Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of said Ordinance shall not be affected thereby.
SECTION 22: REPEAL CLAUSE--All Ordinance or parts of Ordinances in conflict with this Ordinance are hereby repealed.
SECTION 23: ENACTING SECTION--This Ordinance shall be in full force and effect from and after its passage and approval.
Passed this 6 day of Aug, 1935.
Attest: City Clerk. Mayor ex officio, President Board of Alderman.
Approved this 6 day of Aug, 1935.
Quinn H. Beckey Mayor. Attest: H.L. Adams City Clerk.

Repeals-section #5-ORD #33 March 3, 1908