☰ Revisor of Missouri

Title XX ALCOHOLIC BEVERAGES

Chapter 311

< > Effective - 28 Aug 2006, 4 histories, see footnote (history) bottom

  311.325.  Purchase or possession by minor, a misdemeanor — container need not be opened and contents verified, when — burden of proof on violator to prove not intoxicating liquor — section not applicable to certain students, requirements. — 1. 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 577.001, RSMo, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a misdemeanor. For purposes of prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

  2. For purposes of determining violations of any provision of this chapter, or of any rule or regulation of the supervisor of alcohol and tobacco control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

  3. The provisions of this section shall not apply to a student who:

  (1) Is eighteen years of age or older;

  (2) Is enrolled in an accredited college or university and is a student in a culinary course;

  (3) Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

  (4) Tastes a beverage under subdivision (3) of this subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

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The beverage must at all times remain in the possession and control of an authorized instructor of the college or university, who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.

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(L. 1959 H.B. 248 § 1, A.L. 1994 S.B. 693, A.L. 2003 S.B. 298, A.L. 2005 S.B. 402, A.L. 2006 S.B. 725)

CROSS REFERENCE:

Nonintoxicating beer container need not be open or tested to prove nonintoxicating beer, burden of proof on offender, RSMo 312.407


---- end of effective  28 Aug 2006 ----

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Effective End
311.325 1/1/2017
311.325 8/28/2011 1/1/2017
311.325 8/28/2009 8/28/2011
311.325 8/28/2006 8/28/2009

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