407.929. Proof of age required, when--defense to action for violation is reasonable reliance on proof--liability.

MISSOURI STATUTES AND CODES

407.929. Proof of age required, when--defense to action for violation is reasonable reliance on proof--liability.

Proof of age required, when--defense to action for violation isreasonable reliance on proof--liability.

407.929. 1. A person or entity selling tobacco products or rollingpapers or distributing tobacco product samples shall require proof of agefrom a prospective purchaser or recipient if an ordinary person wouldconclude on the basis of appearance that such prospective purchaser orrecipient may be under the age of eighteen.

2. The operator's or chauffeur's license issued pursuant to theprovisions of section 302.177, RSMo, or the operator's or chauffeur'slicense issued pursuant to the laws of any state or possession of theUnited States to residents of those states or possessions, or anidentification card as provided for in section 302.181, RSMo, or theidentification card issued by any uniformed service of the United States,or a valid passport shall be presented by the holder thereof upon requestof any agent of the division of liquor control or any owner or employee ofan establishment that sells tobacco, for the purpose of aiding theregistrant, agent or employee to determine whether or not the person is atleast eighteen years of age when such person desires to purchase or possesstobacco products procured from a registrant. Upon such presentation, theowner or employee of the establishment shall compare the photograph andphysical characteristics noted on the license, identification card orpassport with the physical characteristics of the person presenting thelicense, identification card or passport.

3. Any person who shall, without authorization from the department ofrevenue, reproduce, alter, modify or misrepresent any chauffeur's license,motor vehicle operator's license or identification card shall be deemedguilty of a misdemeanor and upon conviction shall be subject to a fine ofnot more than one thousand dollars, and confinement for not more than oneyear, or by both such fine and imprisonment.

4. Reasonable reliance on proof of age or on the appearance of thepurchaser or recipient shall be a defense to any action for a violation ofsubsections 1, 2 and 3 of section 407.931. No person shall be liable formore than one violation of subsections 2 and 3 of section 407.931 on anysingle day.