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Title XX ALCOHOLIC BEVERAGES

Chapter 311

previous next Effective - 15 Sep 2005, see footnotebottom

  311.310.  Sale to minor — certain other persons, misdemeanor — exceptions — permitting drinking or possession by a minor, penalty, exception — defenses. — 1.  Any licensee under this chapter, or his employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of a misdemeanor, except that this section shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one years for medical purposes only, or to the administering of such intoxicating liquor to any person by a duly licensed physician.  No person shall be denied a license or renewal of a license issued under this chapter solely due to a conviction for unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed establishment.

  2.  Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one to drink or possess intoxicating liquor is his or her parent or guardian, is guilty of a class B misdemeanor.  Any second or subsequent violation of this subsection is a class A misdemeanor.

  3.  It shall be a defense to prosecution under this section if:

  (1)  The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, or an employee thereof;

  (2)  The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one or more years of age; and

  (3)  To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri nondriver's identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one years of age and of the legal age for consumption of intoxicating liquor.

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(L. 1947 V. I p. 373 § 4885a, A.L. 1990 H.B. 1180, A.L. 2005 H.B. 972 merged with S.B. 37, et al. and S.B. 402, A.L. 2005 1st Ex. Sess. H.B. 2)

Effective 9-15-05

CROSS REFERENCE:

Action for personal injuries or death when sale is proximate cause and party is convicted under 311.310, 537.053

(1964) Evidence was sufficient for superintendent to find that licensee had sold intoxicating liquor to minor and it was not necessary that licensee's guilt be determined by court or jury or that supervisor overcome any presumption of innocence of licensee in order for superintendent to suspend licensee's license.  Crooms v. Ketchum (Mo.), 379 S.W.2d 580.

(1976) Held that it is not a defense to regulatory action under this section to assert that minor was acting as an agent for an adult. May Dept. Stores v. Supervisor of Liquor Control (A.), 530 S.W.2d 460.

(1980) Civil cause of action can arise in favor of a minor who suffers injury as result of becoming intoxicated on liquor illegally sold to him in a drinking establishment. Sampson v. W.  F. Enterprises, Inc. (A.), 611 S.W.2d 333.

(1985) This statute does not impose civil liability upon a social host for serving alcohol to an intoxicated guest who subsequently injures a third party. Harriman v. Smith (A.), 697 S.W.2d 219.

(1987) Neither the local chapter nor the national parent of a fraternity have any civil duty to refrain from serving alcohol to any person under this section. Andres v. Alpha Kappa Lambda Fraternity, 730 S.W.2d 547 (Mo. banc).

(1989) Civil liability cause of action under statute limited to tavern owners who dispense alcoholic beverages by the drink. Passenger injured in accident while riding in automobile operated by allegedly intoxicated underage driver did not have cause of action against another passenger who had given intoxicating beverages to driver nor did he have cause of action against the operator of package liquor store who allegedly sold the alcoholic beverages. (Mo.App. W.D.) Leimkuehler v. Myers, 780 S.W.2d 653.

(2012) Amendment to section in 2005 adding to list of possible offenders the owners and occupiers of land did not create a new civil duty and cause of action against landowners as social hosts.  Otte v. Edwards, 370 S.W.3d 898 (Mo.App.E.D.).


---- end of effective   15 Sep 2005 ----

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