Sale to minor
It is against the law for a licensed alcohol seller or their worker to sell or give alcohol to someone under 21, someone who is drunk, or a habitual drunkard. Regular people (not parents or guardians) also cannot get alcohol for those same groups. A property owner who knowingly lets someone under 21 drink or have alcohol on their property can be charged with a misdemeanor. There is an exception if the seller had good reason to think the person was 21 or older and the person showed a photo ID that said they were old enough.
Classifications stated in the statute. Actual outcomes vary.
311.310. Sale to — certain other persons, — s — ting drinking or possession by a minor, , exception — s. — 1. Any under this chapter, or his employee, who shall sell, vend, give away or otherwise supply any in any quantity whatsoever to any person under the age of twenty-one years, or to any person or appearing to be in a state of intoxication, or to a , and any person whomsoever except his parent or who shall for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be guilty of a misdemeanor, except that this section shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one years for medical purposes only, or to the administering of such intoxicating liquor to any person by a physician. No person shall be denied a or renewal of a license issued under this chapter solely due to a for sale or supply to a minor when serving in the capacity as an employee of a .
2. Any owner, occupant, or other person or with a lawful right to the use and enjoyment of any property who allows a person under the age of twenty-one to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one to drink or possess intoxicating liquor is his or her parent or guardian, is guilty of a . Any second or of this is a .
3. It shall be a defense to under this section if:
(1) The is a , club, drinking , or or holds a , or an employee thereof;
(2) The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one or more years of age; and
(3) To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri , or other official or apparently official document, containing a photograph of the minor and to establish that such minor was twenty-one years of age and of the legal age for consumption of intoxicating liquor.
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Source & history notes
(L. 1947 V. I p. 373 § 4885a, A.L. 1990 H.B. 1180, A.L. 2005 H.B. 972 merged with S.B. 37, et al. and S.B. 402, A.L. 2005 1st Ex. Sess. H.B. 2) Effective 9-15-05 Action for personal injuries or death when sale is proximate cause and party is convicted under 311.310, 537.053 (1964) Evidence was sufficient for superintendent to find that licensee had sold intoxicating liquor to minor and it was not necessary that licensee's guilt be determined by court or jury or that supervisor overcome any presumption of innocence of licensee in order for superintendent to suspend licensee's license. Crooms v. Ketchum (Mo.), 379 S.W.2d 580. (1976) Held that it is not a defense to regulatory action under this section to assert that minor was acting as an agent for an adult. May Dept. Stores v. Supervisor of Liquor Control (A.), 530 S.W.2d 460. (1980) Civil cause of action can arise in favor of a minor who suffers injury as result of becoming intoxicated on liquor illegally sold to him in a drinking establishment. Sampson v. W. F. Enterprises, Inc. (A.), 611 S.W.2d 333. (1985) This statute does not impose civil liability upon a social host for serving alcohol to an intoxicated guest who subsequently injures a third party. Harriman v. Smith (A.), 697 S.W.2d 219. (1987) Neither the local chapter nor the national parent of a fraternity have any civil duty to refrain from serving alcohol to any person under this section. Andres v. Alpha Kappa Lambda Fraternity, 730 S.W.2d 547 (Mo. banc). (1989) Civil liability cause of action under statute limited to tavern owners who dispense alcoholic beverages by the drink. Passenger injured in accident while riding in automobile operated by allegedly intoxicated underage driver did not have cause of action against another passenger who had given intoxicating beverages to driver nor did he have cause of action against the operator of package liquor store who allegedly sold the alcoholic beverages. (Mo.App. W.D.) Leimkuehler v. Myers, 780 S.W.2d 653. (2012) Amendment to section in 2005 adding to list of possible offenders the owners and occupiers of land did not create a new civil duty and cause of action against landowners as social hosts. Otte v. Edwards, 370 S.W.3d 898 (Mo.App.E.D.).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.