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Title XX ALCOHOLIC BEVERAGES

Chapter 311

previous next Effective - 28 Aug 1939bottom

  311.740.  Maintaining public nuisance — penalty. — 1.  Any room, house, building, boat, vehicle, structure or place of any kind where intoxicating liquor is sold, manufactured, kept for sale or bartered, in violation of this law and all intoxicating liquors and all property kept and used in maintaining such a place and any still, doubler, worm, worm tub, mash tub, fermenting tub, vessel, fixture or other property of any kind or character used or fit for use in the production or manufacture of intoxicating liquor is hereby declared to be a public and common nuisance, and any person who maintains or assists in maintaining such public and common nuisance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than one thousand dollars or by imprisonment for not less than thirty days nor more than one year or both.

  2.  If a person has knowledge or reason to believe that his property, real or personal, vehicle, boat or structure is occupied or used for the manufacture, sale, storing, keeping or bartering of intoxicating liquor in violation of the provisions of this law and suffers the same to be so used, or maintains or keeps therein any still, doubler, worm, worm tub, mash tub, fermenting tub or fixture used or fit for use in the production or manufacture of intoxicating liquor illegally, after such knowledge or reason to believe, such property shall be subject to a lien for and may be sold to pay all fines and costs assessed against the occupant of such building or property for any violation of this law occurring after the passage thereof which said lien shall attach from the time of filing of notice of commencement of the suit in the office where the records of the transfer of real estate are kept and any such lien may be established and enforced by legal action instituted for that purpose in any court having jurisdiction.

  3.  Such lien shall be released upon final judgment assessing no fines or costs or by paying the final judgment assessing fine and cost.

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(RSMo 1939 § 4943)

(1954) Place where intoxicating liquor was sold and in which immoral men congregated and engaged in such cursing, fighting and quarreling as to disturb others was properly padlocked and its use enjoined. State ex rel. Davenport v. Henry (A.), 270 S.W.2d 88.


---- end of effective   28 Aug 1939 ----

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