Section 311.290

Title XX ALCOHOLIC BEVERAGES

Chapter 311

Effective - 28 Aug 2013, 3 histories   

  311.290.  Time fixed for opening and closing premises — closed place defined — penalty. — No person having a license issued pursuant to this chapter, nor any employee of such person, shall sell, give away, or permit the consumption of any intoxicating liquor in any quantity between the hours of 1:30 a.m. and 6:00 a.m. on weekdays and between the hours of 1:30 a.m.  Sunday and 6:00 a.m. Monday, upon or about his or her premises.  If the person has a license to sell intoxicating liquor by the drink, his premises shall be and remain a closed place as defined in this section between the hours of 1:30 a.m. and 6:00 a.m. on weekdays and between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday.  Where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs, hotels, or bowling alleys, this section shall apply only to the room or rooms in which intoxicating liquor is dispensed; and where such licenses are held by restaurants or bowling alleys whose business is conducted in one room only, then the licensee shall keep securely locked during the hours and on the days specified in this section all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed.  A "closed place" is defined to mean a place where all doors are locked and where no patrons are in the place or about the premises.  Any person violating any provision of this section shall be deemed guilty of a class A misdemeanor.  Nothing in this section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this section by a wholesaler licensed under the provisions of section 311.180 to a person licensed to sell the intoxicating liquor at retail.

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(RSMo 1939 § 4891, A.L. 1941 p. 412, A.L. 1951 p. 16, A.L. 1957 p. 27, A.L. 1967 p. 424, A.L. 1979 S.B. 192, A.L. 1981 S.B. 128, A.L. 1987 S.B. 150, A.L. 2003 S.B. 298, A.L. 2009 H.B. 132, A.L. 2013 S.B. 59, A.L. 2013 S.B. 121)

(1954) Where customer placed groceries and illegally purchased whiskey in his car which was parked on driveway of grocery store, a search of his care cannot be objected to by store owner on prosecution for illegal sale of liquor. State v. Egan (A.), 272 S.W.2d 719.

(1968) The opening and closing hours of liquor establishments under this section are fixed according to the system or method generally used by the people of Missouri, its business and commerce, its public agencies, and its political subdivisions, at the time when the method of computation or the meaning of the statute is brought into question. Playboy Club, Inc. v. Myers (Mo.), 431 S.W.2d 221.