FIRST REGULAR SESSION

HOUSE BILL NO. 331

93RD GENERAL ASSEMBLY

 


INTRODUCED BY REPRESENTATIVES BAKER (123) (Sponsor), ERVIN, NANCE, FISHER,

BROWN (30), STEVENSON, SANDER, KINGERY AND ROBB (Co-sponsors).

         Read 1st time January 26, 2005 and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

0827L.01I

 

AN ACT

To repeal section 311.325, RSMo, and to enact in lieu thereof one new section relating to intoxicating liquor, with a penalty provision.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 311.325, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 311.325, to read as follows:

            311.325. 1. Any person under the age of twenty-one years, who purchases or attempts to purchase, is under the influence of, or has in his possession, any intoxicating liquor as defined in section 311.020 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 intoxicating liquor to a person under twenty-one years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor 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 intoxicating liquor therein contains intoxicating liquor.

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