State Codes and Statutes

Statutes > Missouri > T20 > C311 > 311_270

License for sale of malt liquor only--certain restrictions--penaltyfor violation.

311.270. 1. It shall be unlawful for any person, holding alicense for the sale of malt liquor only, to possess, consume,store, sell or offer for sale, give away or otherwise dispose of,upon or about the premises mentioned in said license, or, upon orabout said premises, to suffer or permit any person to possess,consume, store, sell or offer for sale, give away or otherwisedispose of, any intoxicating liquor of any kind whatsoever otherthan malt liquor brewed or manufactured by the method, in themanner, and of the ingredients, required by the laws of thisstate. Whosoever shall violate any provision of this sectionshall be guilty of a misdemeanor, and upon conviction thereof byany court of competent jurisdiction shall be punished as in thischapter provided as to misdemeanors. Upon such convictionbecoming final, the license of the person so convicted shallforthwith, and without other or further action, order orproceeding, be deemed to have been revoked, and shall by thelicensee be forthwith surrendered to the supervisor and canceled.

2. No license for the sale of malt liquor only shall beissued to any person having in his possession or on the premisesto be licensed a federal excise or occupational tax stamp orreceipt, designating such person or premises as the person orplace for dealing in intoxicating liquor other than malt liquors,or evidencing the payment of a tax for being a dealer in liquorsother than malt liquors. If any person having a license for thesale of malt liquors only shall have in his possession or on thelicensed premises a federal excise or occupational tax stamp orspecial tax receipt, designating such person or premises as theperson or place for dealing in intoxicating liquors, except maltliquors, or evidencing the payment of a tax for being a dealer inliquor other than malt liquors, the license of such person shallbe revoked by the supervisor. In any prosecution for theviolation of this section, evidence that the defendant has in hispossession or upon the premises in question a federal excise oroccupational tax stamp or special tax receipt, designating suchperson or premises as the person or place for dealing inintoxicating liquors other than malt liquors, or evidencing thepayment of a tax for being a dealer in liquors, other than maltliquors, shall be deemed prima facie evidence of a violation ofthe provisions of this section.

3. Any person holding a license for the sale of malt liquoronly, who shall have in his possession or upon the licensedpremises a federal excise or occupational tax stamp or receipt,designating such person or premises as the person or place fordealing in intoxicating liquors, except malt liquors, orevidencing the payment of a tax for being a dealer in liquorother than malt liquors, or for a term to expire after theexpiration of his permit, shall be deemed guilty of a misdemeanorand upon conviction shall be punished by imprisonment in thecounty jail for a term of not less than three months, nor morethan one year, or by a fine of not less than one hundred dollars,nor more than one thousand dollars, or by both such fine andimprisonment.

(RSMo 1939 § 4914, A. 1949 S.B. 1114)

State Codes and Statutes

Statutes > Missouri > T20 > C311 > 311_270

License for sale of malt liquor only--certain restrictions--penaltyfor violation.

311.270. 1. It shall be unlawful for any person, holding alicense for the sale of malt liquor only, to possess, consume,store, sell or offer for sale, give away or otherwise dispose of,upon or about the premises mentioned in said license, or, upon orabout said premises, to suffer or permit any person to possess,consume, store, sell or offer for sale, give away or otherwisedispose of, any intoxicating liquor of any kind whatsoever otherthan malt liquor brewed or manufactured by the method, in themanner, and of the ingredients, required by the laws of thisstate. Whosoever shall violate any provision of this sectionshall be guilty of a misdemeanor, and upon conviction thereof byany court of competent jurisdiction shall be punished as in thischapter provided as to misdemeanors. Upon such convictionbecoming final, the license of the person so convicted shallforthwith, and without other or further action, order orproceeding, be deemed to have been revoked, and shall by thelicensee be forthwith surrendered to the supervisor and canceled.

2. No license for the sale of malt liquor only shall beissued to any person having in his possession or on the premisesto be licensed a federal excise or occupational tax stamp orreceipt, designating such person or premises as the person orplace for dealing in intoxicating liquor other than malt liquors,or evidencing the payment of a tax for being a dealer in liquorsother than malt liquors. If any person having a license for thesale of malt liquors only shall have in his possession or on thelicensed premises a federal excise or occupational tax stamp orspecial tax receipt, designating such person or premises as theperson or place for dealing in intoxicating liquors, except maltliquors, or evidencing the payment of a tax for being a dealer inliquor other than malt liquors, the license of such person shallbe revoked by the supervisor. In any prosecution for theviolation of this section, evidence that the defendant has in hispossession or upon the premises in question a federal excise oroccupational tax stamp or special tax receipt, designating suchperson or premises as the person or place for dealing inintoxicating liquors other than malt liquors, or evidencing thepayment of a tax for being a dealer in liquors, other than maltliquors, shall be deemed prima facie evidence of a violation ofthe provisions of this section.

3. Any person holding a license for the sale of malt liquoronly, who shall have in his possession or upon the licensedpremises a federal excise or occupational tax stamp or receipt,designating such person or premises as the person or place fordealing in intoxicating liquors, except malt liquors, orevidencing the payment of a tax for being a dealer in liquorother than malt liquors, or for a term to expire after theexpiration of his permit, shall be deemed guilty of a misdemeanorand upon conviction shall be punished by imprisonment in thecounty jail for a term of not less than three months, nor morethan one year, or by a fine of not less than one hundred dollars,nor more than one thousand dollars, or by both such fine andimprisonment.

(RSMo 1939 § 4914, A. 1949 S.B. 1114)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T20 > C311 > 311_270

License for sale of malt liquor only--certain restrictions--penaltyfor violation.

311.270. 1. It shall be unlawful for any person, holding alicense for the sale of malt liquor only, to possess, consume,store, sell or offer for sale, give away or otherwise dispose of,upon or about the premises mentioned in said license, or, upon orabout said premises, to suffer or permit any person to possess,consume, store, sell or offer for sale, give away or otherwisedispose of, any intoxicating liquor of any kind whatsoever otherthan malt liquor brewed or manufactured by the method, in themanner, and of the ingredients, required by the laws of thisstate. Whosoever shall violate any provision of this sectionshall be guilty of a misdemeanor, and upon conviction thereof byany court of competent jurisdiction shall be punished as in thischapter provided as to misdemeanors. Upon such convictionbecoming final, the license of the person so convicted shallforthwith, and without other or further action, order orproceeding, be deemed to have been revoked, and shall by thelicensee be forthwith surrendered to the supervisor and canceled.

2. No license for the sale of malt liquor only shall beissued to any person having in his possession or on the premisesto be licensed a federal excise or occupational tax stamp orreceipt, designating such person or premises as the person orplace for dealing in intoxicating liquor other than malt liquors,or evidencing the payment of a tax for being a dealer in liquorsother than malt liquors. If any person having a license for thesale of malt liquors only shall have in his possession or on thelicensed premises a federal excise or occupational tax stamp orspecial tax receipt, designating such person or premises as theperson or place for dealing in intoxicating liquors, except maltliquors, or evidencing the payment of a tax for being a dealer inliquor other than malt liquors, the license of such person shallbe revoked by the supervisor. In any prosecution for theviolation of this section, evidence that the defendant has in hispossession or upon the premises in question a federal excise oroccupational tax stamp or special tax receipt, designating suchperson or premises as the person or place for dealing inintoxicating liquors other than malt liquors, or evidencing thepayment of a tax for being a dealer in liquors, other than maltliquors, shall be deemed prima facie evidence of a violation ofthe provisions of this section.

3. Any person holding a license for the sale of malt liquoronly, who shall have in his possession or upon the licensedpremises a federal excise or occupational tax stamp or receipt,designating such person or premises as the person or place fordealing in intoxicating liquors, except malt liquors, orevidencing the payment of a tax for being a dealer in liquorother than malt liquors, or for a term to expire after theexpiration of his permit, shall be deemed guilty of a misdemeanorand upon conviction shall be punished by imprisonment in thecounty jail for a term of not less than three months, nor morethan one year, or by a fine of not less than one hundred dollars,nor more than one thousand dollars, or by both such fine andimprisonment.

(RSMo 1939 § 4914, A. 1949 S.B. 1114)