SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SMITH (14) (Sponsor), ZWEIFEL, BAKER (123), WILDBERGER, DAVIS, YAEGER, FAITH, BROWN (30), BEARDEN, McGHEE, PAGE, BLACK, CHINN, SATER AND MUSCHANY (Co-sponsors).
Read 1st time February 6, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 311.325, RSMo, and to enact in lieu thereof one new section relating to purchase or possession of alcohol by a minor, 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Section A. Section 311.325, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 311.325, to read as follows: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, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly intoxicated as defined in section 577.001, RSMo, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a misdemeanor and upon conviction shall perform community service for the number of hours determined by the judge. 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.
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