311.310. Sale to minor--certain other persons, misdemeanor--exceptions--permitting drinking or possession by a minor, penalty, exception--defenses. - Missouri Statutes

Sale to minor--certain other persons,misdemeanor--exceptions--permitting drinking or possession by aminor, penalty, exception--defenses.

311.310. 1. Any licensee under this chapter, or his employee, who shallsell, vend, give away or otherwise supply any intoxicating liquor in anyquantity whatsoever to any person under the age of twenty-one years, or to anyperson intoxicated or appearing to be in a state of intoxication, or to ahabitual drunkard, and any person whomsoever except his parent or guardian whoshall procure for, sell, give away or otherwise supply intoxicating liquor toany person under the age of twenty-one years, or to any intoxicated person orany person appearing to be in a state of intoxication, or to a habitualdrunkard, shall be deemed guilty of a misdemeanor, except that this sectionshall not apply to the supplying of intoxicating liquor to a person under theage of twenty-one years for medical purposes only, or to the administering ofsuch intoxicating liquor to any person by a duly licensed physician. Noperson shall be denied a license or renewal of a license issued under thischapter solely due to a conviction for unlawful sale or supply to a minor whenserving in the capacity as an employee of a licensed establishment.

2. Any owner, occupant, or other person or legal entity with a lawfulright to the exclusive use and enjoyment of any property who knowingly allowsa person under the age of twenty-one to drink or possess intoxicating liquoror knowingly fails to stop a person under the age of twenty-one from drinkingor possessing intoxicating liquor on such property, unless such personallowing the person under the age of twenty-one to drink or possessintoxicating liquor is his or her parent or guardian, is guilty of a class Bmisdemeanor. Any second or subsequent violation of this subsection is a classA 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 withreasonable cause to believe that the minor was twenty-one or more years ofage; and

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

(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, RSMo 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.