HOUSE BILL NO. 1443 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MACKEY.
2775H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 311.310, 311.325, 311.480, 311.710, and 537.053, RSMo, and to enact in lieu thereof five new sections relating to supervised alcohol consumption by certain persons.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 311.310, 311.325, 311.480, 311.710, and 537.053, RSMo, are 2 repealed and five new sections enacted in lieu thereof, to be known as sections 311.310, 3 311.325, 311.480, 311.710, and 537.053, to read as follows: 311.310. 1. Any licensee under this chapter, or his employee, who shall sell, vend, 2 give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any 3 person under the age of twenty-one years, or to any person intoxicated or appearing to be in a 4 state of intoxication, or to a habitual drunkard, [and] shall be deemed guilty of a 5 misdemeanor. 6 2. Any person whomsoever [except his parent or guardian] who shall procure for, sell, 7 give away or otherwise supply intoxicating liquor to any person under the age of twenty-one 8 years, except his or her parent or guardian, or to any intoxicated person or any person 9 appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of a 10 misdemeanor[, except that]. 11 3. This section shall not apply to: 12 (1) The supplying of intoxicating liquor to a person under the age of twenty-one years 13 for medical purposes only[, or to]; 14 (2) The administering of such intoxicating liquor to any person by a duly licensed 15 physician;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1443 2
16 (3) The possession and consumption of intoxicating liquor by a person under the 17 age of twenty-one years in a public location or establishment, including a licensed 18 establishment, if the person is under twenty-one years of age and is eighteen years of age 19 or older and such person is in the presence of, accompanied by, and supervised by his or 20 her parent, guardian, or spouse who is twenty-one years of age or older; or 21 (4) The supplying or serving of intoxicating liquor to a person under twenty-one 22 years of age, in a public location or establishment, including a licensed establishment, if 23 the person is under twenty-one years of age and is eighteen years of age or older and 24 such person is in the presence of, accompanied by, and supervised by his or her parent, 25 guardian, or spouse who is twenty-one years of age or older. 26 27 No person shall be denied a license or renewal of a license issued under this chapter solely 28 due to a conviction for unlawful sale or supply to a minor when serving in the capacity as an 29 employee of a licensed establishment. 30 [2.] 4. Except as provided under this subsection and under subsection 3 of this 31 section, any owner, occupant, or other person or legal entity with a lawful right to the 32 exclusive use and enjoyment of any property who knowingly allows a person under the age of 33 twenty-one to drink or possess intoxicating liquor or knowingly fails to stop a person under 34 the age of twenty-one from drinking or possessing intoxicating liquor on such property, unless 35 such person allowing the person under the age of twenty-one to drink or possess intoxicating 36 liquor is his or her parent or guardian, is guilty of a class B misdemeanor. Any second or 37 subsequent violation of this subsection is a class A misdemeanor. 38 [3.] 5. It shall be a defense to prosecution under this section if: 39 (1) The defendant is a licensed retailer, club, drinking establishment, or caterer or 40 holds a temporary permit, or an employee thereof; 41 (2) The defendant sold the intoxicating liquor to the minor with reasonable cause to 42 believe that the minor was twenty-one [or more] years of age or older, or with reasonable 43 cause to believe that the person in the presence of, accompanying, and supervising the 44 minor, as allowed under subsection 3 of this section, was twenty-one years of age or 45 older and was the minor's parent, guardian, or spouse; and 46 (3) To purchase the intoxicating liquor, the person exhibited to the defendant a 47 driver's license, Missouri nondriver's identification card, or other official or apparently 48 official document, containing a photograph of the minor and purporting to establish that such 49 minor was twenty-one years of age and of the legal age for consumption of intoxicating 50 liquor. 311.325. 1. Any person under the age of twenty-one years, who purchases or 2 attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in HB 1443 3
3 section 311.020 or who is visibly in an intoxicated condition as defined in section 577.001, or 4 has a detectable blood alcohol content of more than two-hundredths of one percent or more by 5 weight of alcohol in such person's blood is guilty of a misdemeanor. A first violation of this 6 section shall be punishable as a class D misdemeanor. A second or subsequent violation of 7 this section shall be punishable as a class A misdemeanor. Prior findings of guilt shall be 8 [pleaded] pled and proven in the same manner as required by section 558.021. For purposes 9 of prosecution under this section or any other provision of this chapter involving an alleged 10 illegal sale or transfer of intoxicating liquor to a person under twenty-one years of age, a 11 manufacturer-sealed container describing that there is intoxicating liquor therein need not be 12 opened or the contents therein tested to verify that there is intoxicating liquor in such 13 container. The alleged violator may allege that there was not intoxicating liquor in such 14 container, but the burden of proof of such allegation is on such person, as it shall be presumed 15 that such a sealed container describing that there is intoxicating liquor therein contains 16 intoxicating liquor. 17 2. For purposes of determining violations of any provision of this chapter, or of any 18 rule or regulation of the supervisor of alcohol and tobacco control, a manufacturer-sealed 19 container describing that there is intoxicating liquor therein need not be opened or the 20 contents therein tested to verify that there is intoxicating liquor in such container. The alleged 21 violator may allege that there was not intoxicating liquor in such container, but the burden of 22 proof of such allegation is on such person, as it shall be presumed that such a sealed container 23 describing that there is intoxicating liquor therein contains intoxicating liquor. 24 3. Any person under the age of twenty-one years who purchases or attempts to 25 purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in an 26 intoxicated condition as defined in section 577.001, shall be deemed to have given consent to 27 a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of 28 determining the alcohol or drug content of the person's blood. The implied consent to submit 29 to the chemical tests listed in this subsection shall be limited to not more than two such tests 30 arising from the same arrest, incident, or charge. Chemical analysis of the person's breath, 31 blood, saliva, or urine shall be performed according to methods approved by the state 32 department of health and senior services by licensed medical personnel or by a person 33 possessing a valid permit issued by the state department of health and senior services for this 34 purpose. The state department of health and senior services shall approve satisfactory 35 techniques, devices, equipment, or methods to be considered valid and shall establish 36 standards to ascertain the qualifications and competence of individuals to conduct analyses 37 and to issue permits which shall be subject to termination or revocation by the state 38 department of health and senior services. The person tested may have a physician, or a 39 qualified technician, chemist, registered nurse, or other qualified person at the choosing and HB 1443 4
40 expense of the person to be tested, administer a test in addition to any administered at the 41 direction of a law enforcement officer. The failure or inability to obtain an additional test by a 42 person shall not preclude the admission of evidence relating to the test taken at the direction 43 of a law enforcement officer. Upon the request of the person who is tested, full information 44 concerning the test shall be made available to such person. Full information is limited to the 45 following: 46 (1) The type of test administered and the procedures followed; 47 (2) The time of the collection of the blood or breath sample or urine analyzed; 48 (3) The numerical results of the test indicating the alcohol content of the blood and 49 breath and urine; 50 (4) The type and status of any permit which was held by the person who performed 51 the test; 52 (5) If the test was administered by means of a breath-testing instrument, the date of 53 performance of the most recent required maintenance of such instrument. 54 55 Full information does not include manuals, schematics, or software of the instrument used to 56 test the person or any other material that is not in the actual possession of the state. 57 Additionally, full information does not include information in the possession of the 58 manufacturer of the test instrument. 59 4. The provisions of this section shall not apply to a student who: 60 (1) Is eighteen years of age or older; 61 (2) Is enrolled in an accredited college or university and is a student in a culinary 62 course; 63 (3) Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or 64 other similar malt or fermented beverage as part of the required curriculum; and 65 (4) Tastes a beverage under subdivision (3) of this subsection only for instructional 66 purposes during classes that are part of the curriculum of the accredited college or university. 67 The beverage must at all times remain in the possession and control of an authorized 68 instructor of the college or university, who must be twenty-one years of age or older. Nothing 69 in this subsection may be construed to allow a student under the age of twenty-one to receive 70 any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is 71 delivered as part of the student's required curriculum and the beverage is used only for 72 instructional purposes during classes conducted as part of the curriculum. 73 5. The provisions of this section shall not apply to a person eighteen years of age 74 or older but under twenty-one years of age drinking, possessing, or consuming 75 intoxicating liquor in a public location or establishment, including a licensed 76 establishment, provided that such person is in the presence of, accompanied by, and HB 1443 5
77 supervised by such person's parent, guardian, or spouse who is twenty-one years of age 78 or older. 311.480. 1. It shall be unlawful for any person operating any premises where food, 2 beverages or entertainment are sold or provided for compensation, who does not possess a 3 license for the sale of intoxicating liquor, to permit the drinking or consumption of 4 intoxicating liquor in the premises, without having a license as in this section provided. 5 2. Application for such license shall be made to the supervisor of alcohol and tobacco 6 control on forms to be prescribed by him or her, describing the premises to be licensed and 7 giving all other reasonable information required by the form. The license shall be issued 8 upon the payment of the fee required in this section. A license shall be required for each 9 separate premises and shall expire on the thirtieth day of June next succeeding the date of 10 such license. The license fee shall be sixty dollars per year and the applicant shall pay five 11 dollars for each month or part thereof remaining from the date of the license to the next 12 succeeding first of July. Applications for renewals of licenses shall be filed on or before the 13 first of May of each year. 14 3. The drinking or consumption of intoxicating liquor shall not be permitted in or 15 upon the licensed premises by any person under twenty-one years of age, except as provided 16 under subsection 9 of this section, or by any other person between the hours of 1:30 a.m. 17 and 6:00 a.m. on any day of the week. Licenses issued hereunder shall be conditioned upon 18 the observance of the provisions of this section and the regulations promulgated thereunder 19 governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. 20 The provision of this section regulating the drinking or consumption of intoxicating liquor 21 between certain hours and on Sunday shall apply also to premises licensed under this chapter 22 to sell intoxicating liquor by the drink. In any incorporated city having a population of more 23 than twenty thousand inhabitants, the board of aldermen, city council, or other proper 24 authorities of incorporated cities may, in addition to the license fee required in this section, 25 require a license fee not exceeding three hundred dollars per annum, payable to the 26 incorporated cities, and provide for the collection thereof; make and enforce ordinances 27 regulating the hours of consumption of intoxicating liquors on premises licensed hereunder, 28 not inconsistent with the other provisions of this law, and provide penalties for the violation 29 thereof. No person shall be granted a license hereunder unless such person is of good moral 30 character and a qualified legal voter and a taxpaying citizen of the county, town, city or 31 village, nor shall any corporation be granted a license hereunder unless the managing officer 32 of such corporation is of good moral character and a qualified legal voter and taxpaying 33 citizen of the county, town, city or village. 34 4. Any premises operated in violation of the provisions of this section, or where 35 intoxicating liquor is consumed in violation of this section, is hereby declared to be a public HB 1443 6
36 and common nuisance, and it shall be the duty of the supervisor of alcohol and tobacco 37 control and of the prosecuting or circuit attorney of the City of St. Louis, and the prosecuting 38 attorney of the county in which the premises are located, to enjoin such nuisance. 39 5. Any person operating any premises, or any employee, agent, representative, 40 partner, or associate of such person, who shall knowingly violate any of the provisions of this 41 section, or any of the laws or regulations herein made applicable to the conduct of such 42 premises, is guilty of a class A misdemeanor. 43 6. The supervisor of alcohol and tobacco control is hereby empowered to promulgate 44 regulations necessary or reasonably designed to enforce or construe the provisions of this 45 section, and is empowered to revoke or suspend any license issued hereunder, as provided in 46 this chapter, for violation of this section or any of the laws or regulations herein made 47 applicable to the conduct of premises licensed hereunder. 48 7. Nothing in this section shall be construed to prohibit the sale or delivery of any 49 intoxicating liquor during any of the hours or on any of the days specified in this section by a 50 wholesaler licensed under the provisions of section 311.180 to a person licensed to sell the 51 intoxicating liquor at retail. 52 8. No intoxicating liquor may be served or sold on any premises used as a polling 53 place on election day. 54 9. The possession or consumption of intoxicating liquor shall not be permitted in 55 or upon the licensed premises by any person under twenty-one years of age, unless the 56 person under twenty-one years of age is eighteen years of age or older and such person is 57 in the presence of, accompanied by, and supervised by his or her parent, guardian, or 58 spouse who is twenty-one years of age or older. 311.710. 1. In addition to the penalties and proceedings for suspension or revocation 2 of licenses provided for in this chapter, and without limiting them, proceedings for the 3 suspension or revocation of any license authorizing the sale of intoxicating liquor at retail 4 may be brought in the circuit court of any county in this state, or in the City of St. Louis, in 5 which the licensed premises are located and such proceedings may be brought by the sheriff 6 or any peace officer of that county or by any eight or more persons who are taxpaying citizens 7 of the county or city for any of the following offenses: 8 (1) Selling, giving or otherwise supplying intoxicating liquor to a habitual drunkard 9 or to any person who is under or apparently under the influence of intoxicating liquor; 10 (2) Knowingly permitting any prostitute, degenerate, or dissolute person to frequent 11 the licensed premises; 12 (3) Permitting on the licensed premises any disorderly conduct, breach of the peace, 13 or any lewd, immoral or improper entertainment, conduct or practices; HB 1443 7
14 (4) Selling, offering for sale, possessing or knowingly permitting the consumption on 15 the licensed premises of any kind of intoxicating liquors, the sale, possession or consumption 16 of which is not authorized under his or her license; 17 (5) Selling, giving, or otherwise supplying intoxicating liquor to any person under the 18 age of twenty-one years or a person who is eighteen years of age or older but under 19 twenty-one years of age without the presence, accompaniment, or supervision of such 20 person's parent, guardian, or spouse who is twenty-one years of age or older; 21 (6) Selling, giving or otherwise supplying intoxicating liquors between the hours of 22 1:30 a.m. and 6:00 a.m. any day of the week. 23 2. Provided, that said taxpaying citizen shall submit in writing, under oath, by 24 registered United States mail to the supervisor of alcohol and tobacco control a joint 25 complaint, stating the name of the licensee, the name under which the licensee's business is 26 conducted and the address of the licensed premises, setting out in general the character and 27 nature of the offense or offenses charged, together with the names and addresses of the 28 witnesses by whom proof thereof is expected to be made; and provided, that after a period of 29 thirty days after the mailing of such compl