Title 16, Intoxicating Liquor

PART I. GENERAL PROVISIONS §281-1 Definitions. Whenever used in this chapter, unless otherwise apparent from the context: "Addicted to the excessive use of intoxicating liquor" refers to one who has acquired the habit of using intoxicating liquor excessively to deprive oneself of…

PART VII. GENERAL VIOLATIONS AND PROSECUTIONS §281-101 Unlicensed manufacture or sale of liquor; penalty. (a) If any person, acting in person or by or through any agent, servant, or employee, manufactures any liquor, either directly or indirectly, or upon any pretense or by any s…

§281-101.4 Hearing, illegal manufacture, importation, or sale of liquor. The liquor commission or liquor control adjudication board may assess and collect a penalty, or reprimand a person for not having a valid license to manufacture or sell any liquor in violation of this chapte…

§281-101.5 Prohibitions involving minors; penalty. (a) Any adult who provides or purchases liquor for consumption or use by a person under twenty-one years of age shall be guilty of the offense under section 712‑1250.5. (b) No minor shall consume or purchase liquor and no minor s…

§281-102 Other offenses; penalty. If any person violates this chapter or any rule or regulation in effect by authority of this chapter, whether in connection therewith a penalty is referred to or not, for which violation no penalty is specifically prescribed, the person shall be …

§281-102.5 Purchasing from other than primary source of supply; penalty. (a) No licensee authorized to import liquor into this State shall order, purchase, or receive liquor for resale unless the licensee orders, purchases or receives it from the primary source of supply for the …

§281-104 Investigators, employees, counsel for. Whenever any investigator or other employee of the liquor commission shall be prosecuted for any crime or sued in any civil cause for acts done in the performance of the investigator's or employee's duty as an investigator or employ…

§281-105 Determination whether acts were in scope of duty. The determination of whether the acts of an investigator or other employee of the liquor commission, when the investigator or other employee is being prosecuted or sued, were done in the performance of the investigator's …

§281-106 Prosecutions not to exclude other remedies affecting license or goods. The provisions in this chapter for the imposition upon any licensee of the penalties by fine or imprisonment for any violation of this chapter or of any rule or regulation made hereunder having the fo…

§281-107 Presumptive evidence. In any prosecution under this chapter, the fact that any person engaged in any kind of business holds or is required to hold, a license from the government of the United States to manufacture or sell intoxicating liquors or that the person has or ke…

§281-108 Search warrants; seizure. If any person makes complaint, supported by oath, before any district or circuit judge, setting forth facts sufficient to show probable cause that any liquor is being manufactured or kept or deposited for sale or distribution contrary to law wit…

§281-109 Seizure without warrant. (a) If any investigator or police officer has information which causes the investigator or police officer to believe that liquor is kept or deposited in any place mentioned in section 281-108, except a dwelling house, or is kept or concealed in a…

PART II. LIQUOR COMMISSIONS §281-11 County liquor commissions and liquor control adjudication boards; qualifications; compensation. (a) A liquor commission or liquor control adjudication board, consisting of not less than five members, no more than the minimum required for a quor…

§281-11.5 Liquor commission and board attorney. The liquor commission or liquor control adjudication board may hire attorneys to assist it in carrying out its administrative functions under this chapter. The assistance may include providing legal advice and prosecuting and defend…

§281-110 Arrest; abetters. The owner, keeper, and any person having the custody of any liquor or property seized as provided in sections 281-108 and 281-109 shall be forthwith arrested without necessity of warrant and brought before the judge having jurisdiction in the premises. …

§281-111 Condemnation of property or liquor; disposition. Any still, plant, or other equipment shown to have been used for the manufacture of liquor in violation of this chapter and any liquor manufactured or sold in violation of this chapter shall be subject to summary seizure a…

§281-113 Claims. If the owner or possessor of any property or liquor seized under this chapter appears and makes claim to the same, the owner or possessor shall file with the court, before whom the proceedings are pending, the owner's or possessor's claim in writing, setting fort…

§281-114 Appeals. An appeal shall be allowed to any claimant of property or liquor seized as aforesaid from the judgment of the court in the same manner as appeals are allowed in other cases before such tribunals. If the claimant fails to appear and prosecute diligently the claim…

§281-12 Commission and board office. The council of each county shall furnish the liquor commission and the liquor control adjudication board of the county suitable quarters for its meetings, the transaction of its business, and the keeping of its records. The office of the commi…

§281-13 Meetings. Meetings of the liquor commission or the liquor control adjudication board may be held at any time and as often from time to time as the commission or board deems necessary for the proper transaction of its business, upon call of the chairperson or by any other …

§281-14 Records. The liquor commission and liquor control adjudication board shall ensure that complete records are kept of all commission and board meetings, proceedings, and acts with reference to all business pertaining to licenses issued, suspended, and revoked, moneys receiv…

§281-15 Reports, accounts, audit. On or before September 30 of each year the chairperson of the liquor commission shall submit to the elected executive head of the county a full report upon the business and operations of the commission during the preceding year, which year shall …

§281-16 County liquor commission and liquor control adjudication board funds; disposition of realization; payment of expenses. All fees and other moneys collected or received by each liquor commission or liquor control adjudication board under this chapter shall be paid not less …

§281-17 Jurisdiction and powers. (a) The liquor commission, within its own county, shall have the jurisdiction, power, authority, and discretion, subject only to this chapter: (b) Subject only to this chapter, the commission or board and each member thereof shall have the same po…

§281-17.5 Fees; justified, method of change, limitation. (a) Any liquor license fee or any increase in an existing liquor license fee sought to be implemented by any commission shall have, as its justification, a direct and proportionate relationship to costs and expenses of the …

§281-19 Hearings, attendance, examinations. If any person subpoenaed as a witness to attend before the liquor commission or liquor control adjudication board, or to produce any books, papers, or records called for by the process of the commission or board, fails or refuses to res…

§281-2 Excepted articles; penalty. The articles enumerated in this section shall not, after having been manufactured and prepared for the market, be subject to this chapter if they correspond with the following descriptions and limitations, namely: Any person who manufactures any…

§281-20 General right of inspection. Any investigator may, at all times, without notice and without any search warrant or other legal process, visit and have immediate access to every part of the premises of every licensee for the purpose of making any examination or inspection t…

§281-21 Service of subpoenas by investigators, police officers, or other law enforcement officers; witnesses' fees. [(a)] Any investigator, police officer, or other law enforcement officer may serve any subpoena issued by the liquor commission, liquor control adjudication board, …

§281-22 Political activities of commission employees. (a) A commission employee may support, advocate, or aid in the election or defeat of any candidate for public office, or run for public office; provided the employee: (b) Notwithstanding chapter 11 or any other law to the cont…

§281-3 Illegal manufacture, importation, or sale of liquor. It shall be unlawful for any person not having a valid license to manufacture or sell any liquor except as otherwise provided in this chapter; provided that the head of any family may produce for family use and not for s…

PART III. LICENSES AND PERMITS, GENERAL PROVISIONS §281-31 Licenses, classes. (a) Licenses may be granted by the liquor commission as provided in this section. (b) Class 1. Manufacturer license. A license for the manufacture of liquor shall authorize the licensee to: Under this l…

§281-32 Licenses, temporary. (a) A temporary license of any class and kind specified in section 281-31 may be granted under the following conditions: (b) Notwithstanding any other law to the contrary, the commission shall reduce submission requirements, including the waiving of h…

§281-32.5 Permits for trade shows or other exhibitions. Notwithstanding any other provision to the contrary, any trade exhibitor, trade organization or other exhibitor shall apply to the liquor commission or agency administrator for the issuance of a permit, without hearings, fee…

§281-33 Special powers, privileges, and rights. The following special powers, privileges, and rights are hereby granted, anything in this chapter to the contrary notwithstanding:

§281-33.1 Individual permits to receive shipments of liquor. (a) Notwithstanding any other provisions of law, any unlicensed adult person may apply to the liquor commission and be issued, for a nominal fee, except as hereinafter provided, a permit to receive a single shipment of …

§281-33.6 Direct shipment of wine by wineries. (a) Any person holding: may pay any applicable fees and obtain a direct wine shipper permit from the liquor commission of the county to which the wine will be shipped authorizing the holder to directly ship wine to persons in the cou…

[§281-33.8] Reporting of shipments by carriers. (a) Notwithstanding section 281-33, any express carrier company, common or contract carrier, except water carriers as defined and regulated by the Surface Transportation Board of the United States, or other person that transports li…

§281-34 Sham operation under club license; supervision. Whenever the liquor commission is of the opinion that any holder of a club license is not conducting the business under such license in good faith, or that the premises thereof are not continuously kept suitably arranged, fu…

§281-35 Special conditions; club licenses. [(a)] No liquor shall be sold under a club license to any person not a member of the club nor a guest thereof enjoying the privileges of membership, but a member or a guest enjoying the privileges of membership may purchase liquor for co…

[§281-35.5] Special conditions; condominium hotel licenses. A condominium hotel operator shall submit to the commission a copy of the information on the initial application for registration of the condominium hotel operator approved by the real estate commission pursuant to secti…

§281-37 Sales of alcohol. No alcohol shall be sold, bartered, or otherwise furnished by any person whether holding a license to manufacture or sell the same under this chapter or not, except to a person holding a license to resell the same, or to a person holding a purchase permi…

§281-38 Conditions of licenses. Every license issued under this chapter shall contain the condition that it is subject to this chapter and any other laws applicable to the business of the licensee, whether in existence at the time of issue of such license or enacted or amended fr…

§281-39 Place of business; exception; solicitors' and representatives' permits. (a) A license issued under this chapter shall authorize the doing of the business licensed only at the place described in the license, which shall be known as the licensed premises, except: (b) Except…

§281-39.5 Liquor license prohibited; where. (a) The liquor commission or agency of each county may deny or restrict the issuance of a liquor license for on-site sale and consumption by the drink to any applicant whose establishment is or would be located within five hundred feet …

§281-4 Liquor consumption on unlicensed premises prohibited, when. (a) It shall be unlawful for any person who keeps or maintains any restaurant or other premises where food, beverages, or entertainment are provided or brought in by patrons or guests, whether for compensation or …

§281-40 Unlicensed liquor. No licensee shall have or keep any liquor whatever, for sale or consumption, on or in connection with the licensee's licensed premises except as authorized by the licensee's license. Any unauthorized liquor found thereon shall be subject to summary seiz…

§281-41 Transfer of licenses; notice of change in officers, directors, and stockholders of corporate licenses, partners of a partnership license, and members or managers of a limited liability company license; penalty. (a) No license issued under this chapter to an original appli…

§281-42 Manufacturers and wholesale dealers, special restrictions. (a) It shall be unlawful for any person holding a manufacturer's license or a wholesale dealer's license to induce the purchases of a retail licensee by: (b) It shall be unlawful for any person holding a manufactu…

§281-44 Advertisements and signs upon licensed premises. (a) All licensed premises shall post a sign in or about the premises containing and notifying all customers and other persons of the possible sanctions that may be imposed for operating a vehicle under the influence of an i…