311.020. Definition of intoxicating liquor. — The term "intoxicating liquor" as used in this chapter shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume. All beverages having an alcoholic content of less than one-half of one percent by volume shall be exempt from the provisions of this chapter, but subject to inspection as provided by sections 196.365 to 196.445*.
Notes of Decisions
Cited in
19
cases, 1955–2019 · leading case:
State v. Bradshaw, 26 S.W.3d 461 (Mo. Ct. App. 2000).
State v. Bradshaw, 26 S.W.3d 461 (Mo. Ct. App. 2000).
· cites it 3× “liver, attempt to deliver, have in his possession, deposit or conceal in or about the premises of any correctional center: (1) Any controlled substance as that term is defined by law, except upon the written prescription of a licensed physician, dentist, or veterinarian; (2) Any…”
State v. Ohmes, 675 S.W.2d 681 (Mo. Ct. App. 1984).
· cites it 7× “Section 311.020, RSMo 1978, reads as follows: The term "intoxicating liquor" as used in this chapter, shall mean and include alcohol for beverage purposes, alcoholic, spiritous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spiritous,…”
ABA Distributors, Inc. v. Adolph Coors Co., 542 F. Supp. 1272 (W.D. Mo. 1982).
· cites it 3× “§ 311.020. The courts of Missouri, consistent with the courts of many other jurisdictions, infrequently restrict the coverage of statutes by application of concepts of negative implication.”
Snodgras ex rel. Keown v. Martin & Bayley, Inc., 204 S.W.3d 638 (Mo. 2006).
· cites it 2× “325 (“Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly intoxicated as defined in section 577.”
State ex rel. Nixon v. Beer Nuts, Ltd., 29 S.W.3d 828 (Mo. Ct. App. 2000).
· cites it 2× “The microbrewery beers that Beer Nuts sells constitute “intoxicating liquor” as defined in Section 311.020. 1 Beer Nuts conducts its business by advertising to ultimate consumers through the use of various media, such as radio, television and national-circulation magazines.”
State v. Patton, 308 S.W.2d 641 (Mo. 1958).
· cites it 3× “His theory is that § 311.020 deals with and defines eight different categories or classes of beverages, and only the last, that is, “all preparations or mixtures for beverage purposes,” needs to be shown to contain more than 3.”
Crooms v. Ketchum, 379 S.W.2d 580 (Mo. 1964).
· cites it 6× “In addition, the evidence shows that the liquor which was sold was intoxicating liquor as defined by Section 311.020 RSMo 1959 V.A.M.S. Section 311.”
Ozark Wholesale Beverage Co. v. Supervisor of Liquor Control, 80 S.W.3d 491 (Mo. Ct. App. 2002).
· cites it 7× “050 of the law makes it “unlawful for any person, firm, partnership or corporation to manufacture, sell or expose for sale in this state intoxicating liquor, as defined in section 311.020, in any quantity, without taking out a license.”
Von Ruecker v. Holiday Inns, Inc., 775 S.W.2d 295 (Mo. Ct. App. 1989).
· cites it 2× “325, RSMo 1986, provides: "Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his possession, any intoxicating liquor as defined in section 311.020 is guilty of a misdemeanor.”
State v. Woods, 428 S.W.2d 521 (Mo. 1968).
· cites it 2× “§ 311.020, RSMo 1959, V.A.M.S., defines intoxicating liquor as that containing in excess of 3.”
City of Kansas City v. Crawford, 456 S.W.2d 587 (Mo. Ct. App. 1970).
· cites it 2× “Section 311.020, supra, is a part of the “Liquor Control Law” and defines “Intoxicating Liquor” for the purpose of said act.”
Clouse v. Myers, 753 S.W.2d 316 (Mo. Ct. App. 1988).
“§ 311.020. Clouse, as well as Patricia Myers, was violating the law when he knowingly entered into the subterfuge of calling the partnership agreement an employment/management contract so that they could operate the business on Patricia’s license, without an attempt being made…”
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