Section 312.407

Title XX ALCOHOLIC BEVERAGES

Chapter 312

Effective - 28 Aug 2003, 2 histories, see footnote   (history) 

  312.407.  Purchase or possession by minor, a misdemeanor — sealed containers need not be opened, when. — 1. Any person under the age of twenty-one years who purchases or attempts to purchase, or has in his possession, any nonintoxicating beer as defined in section 312.010, 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 nonintoxicating beer to a person under twenty-one years of age, a manufacturer-sealed container describing that there is nonintoxicating beer therein need not be opened or the contents therein tested to verify that there is nonintoxicating beer in such container. The alleged violator may allege that there was not nonintoxicating beer 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 nonintoxicating beer therein contains nonintoxicating beer.

  2. For purposes of determining violations of any provisions 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 nonintoxicating beer therein need not be opened or the contents therein tested to verify that there is nonintoxicating beer in such container. The alleged violator may allege that there was not nonintoxicating beer 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 nonintoxicating beer therein contains nonintoxicating beer.

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(L. 1959 H.B. 248 § 2, A.L. 1963 p. 426, A.L. 1994 S.B. 693, A.L. 2003 S.B. 298)

CROSS REFERENCE:

Nonintoxicating beer container need not be opened or tested to prove nonintoxicating beer, burden of proof on offender, RSMo 311.325