Read 1st time January 20, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 311.328 and 311.329, RSMo 1994, and section 311.680, RSMo Supp. 1999, relating to liquor control, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.
Section A. Sections 311.328 and 311.329, RSMo 1994, and section 311.680, RSMo Supp. 1999, are repealed and three new sections enacted in lieu thereof, to be known as sections 311.328, 311.329 and 311.680, to read as follows:
311.328. 1. The operator's or chauffeur's license issued [under] pursuant to the provisions of section 302.177, RSMo, or the operator's or chauffeur's license issued [under] pursuant to the laws of [the states of Arkansas, Illinois, Oklahoma, Kansas, or Iowa] any state or possession of the United States to residents of those states or possessions, or an identification card as provided for under section 302.181, RSMo, or the identification card issued by any uniformed service of the United States, or a valid passport shall be presented by the holder thereof upon request of any agent of the division of liquor control or any licensee or the servant, agent or employee thereof for the purpose of aiding the licensee or the servant, agent or employee to determine whether or not the person is at least twenty-one years of age when such person desires to purchase or consume alcoholic beverages procured from a licensee. Upon such presentation the licensee or the servant, agent or employee thereof shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.
2. Upon proof by the licensee of full compliance with the provisions of this section, no penalty shall be imposed if the supervisor of the division of liquor control or the courts are satisfied that the licensee acted in good faith.
3. Any person who shall, without authorization from the department of revenue, reproduce, alter, modify, or misrepresent any chauffeur's license, motor vehicle operator's license or identification card shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars, and confinement for not more than one year, or by both such fine and imprisonment.
311.329. 1. Any person less than twenty-one years of age who has in [his] such person's possession a reproduced, modified or altered motor vehicle driver's license, nondriver's license issued by any uniformed service of the United States, or identification card established in section 302.181, RSMo, or any other such identification card which indicates that the person represented on the card is [over] twenty-one years of age or older, is guilty of a class A misdemeanor.
2. No person shall knowingly manufacture, sell, advertise for sale, solicit orders for, deliver or cause to be delivered, or produce in any manner any photographic identification that purports to be an official document issued by a local, state or federal government, or any political subdivision thereof, which contains false or inaccurate information regarding the name, address, date of birth, or height and weight characteristics of the holder of the photographic identification. A person who violates this subsection is guilty of a class A misdemeanor.
311.680. 1. Whenever it shall be shown, or whenever the supervisor of liquor control has knowledge, that a person licensed hereunder has not at all times kept an orderly place or house, or has violated any of the provisions of this chapter, the supervisor of liquor control may, warn, place on probation on such terms and conditions as the supervisor of liquor control deems appropriate for a period not to exceed twelve months, suspend or revoke the license of that person, but the person shall have ten days' notice of the application to warn, place on probation, suspend or revoke the person's license prior to the order of warning, probation, revocation or suspension issuing.
2. Any wholesaler licensed pursuant to this chapter or chapter 312, RSMo, in lieu of, or in addition to, the [warning, probation,] suspension or revocation authorized in subsection 1 of this section, may be assessed a civil penalty or fine by the supervisor of liquor control of not less than one hundred dollars or more than twenty-five hundred dollars for each violation.
3. Any solicitor licensed pursuant to this chapter or chapter 312, RSMo, in lieu of, or in addition to, the suspension or revocation authorized in subsection 1 of this section, may be assessed a civil penalty or fine by the supervisor of liquor control of not less than one hundred dollars or more than twenty-five hundred dollars for each violation.
4. Any retailer with less than five thousand occupant capacity, licensed pursuant to this chapter or chapter 312, RSMo, in lieu of, or in addition to, the warning, probation, suspension or revocation authorized in subsection 1 of this section, may be assessed a civil penalty by the supervisor of liquor control of not less than fifty dollars or more than one thousand dollars for each violation.
5. Any retailer with five thousand or more occupant capacity, licensed pursuant to this chapter or chapter 312,
RSMo, in lieu of, or in addition to, the warning, probation, suspension or revocation authorized in subsection 1 of
this section, may be assessed a civil penalty by the supervisor of liquor control of not less than fifty dollars or more
than five thousand dollars for each violation.
Missouri House of Representatives