§ 4-3. Minors.

(a)

Purchase or possession. Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his possession, any intoxicating liquor as defined in section 4-1, or who is visibly intoxicated as defined in section 4-1, or has a detectable blood alcohol content of more than two-hundredths of one (0.0002) percent or more by weight of alcohol in such person's blood is guilty of a violation of this Code. 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 (21) 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.

(b)

Sale, etc., to minor. Any licensee under this chapter, or his employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of a violation of this Code, except that this section shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only, or to the administering of such intoxicating liquor to any person by a duly licensed physician.

(c)

Misrepresenting age.

(1)

Any person of the age of seventeen (17) years or older, and under the age of twenty-one (21) years, who shall represent that he has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, shall upon conviction be deemed guilty of a violation of this Code.

(2)

In addition to any other penalties established in subsection (1) of this section and established in RSMo. §§ 577.500 to 577.530, any person who is less than twenty-one (21) years of age who uses a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by an uniformed service of the United States, passport or identification card established in RSMo. § 302.181, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of a violation of this Code and shall be subject to the provisions as outlined in chapter 1, section 1-7, for each separate offense.

(d)

Expunging of record. After a period of not less than one (1) year after reaching the age of twenty-one (21), a person who has pleaded guilty to or has been found guilty of violating city ordinance subsection (a) for the first time, and who since such conviction has not been convicted of any other alcohol-related offense, may apply to the Kirksville Municipal Court for an order to expunge all official records of his or her arrest, plea, trial and conviction. No records shall be expunged if the person who has pleaded guilty to or has been found guilty of violating subsection (a) is licensed as a commercial motor vehicle driver or was operating a commercial motor vehicle as defined in RSMo. § 302.700 at the time of the violation. If the court determines, upon review, that such person has not been convicted of any other alcohol-related convictions at the time of the application for expunging, and the person has had no other alcohol-related enforcement contacts, the court shall enter an order of expunging. The effect of such an order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction, as if such event has never happened. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expunging in response to any inquiry made of him or her for any purpose whatsoever. A person shall be entitled to only one (1) expungement pursuant to this section. Nothing contained in this section shall prevent courts or other state officials from maintaining such records as are necessary to ensure that an individual receives only one (1) expungement pursuant to this section.

(Ord. No. 11607, 3-3-2003; Ord. No. 11830, § II, 4-1-2008; Ord. No. 12141, § I, 1-5-2015; Ord. No. 12278, § 1, 4-16-2018)

State law reference

Purchase or possession by minor, RSMo. § 311.325; selling to or supplying minors, RSMo. § 311.310; misrepresenting minors, RSMo. § 311.320; expungement of record, RSMo. § 311.326.