Chapter 4 ALCOHOLIC BEVERAGES*
Section 4-20 Purchase or possession by minors; intoxicated minors; exceptions.
(a)
Any person under the age of twenty-one (21) years, who purchases or attempts
to
purchase, or possesses any intoxicating liquor or nonintoxicating beer, as defined in this chapter,
or who is in an intoxicated condition as defined in section 14-611 of this code, 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.
(b) The provisions of this section pertaining to possession
of intoxicating liquor and
nonintoxicating beer shall not apply to a student who:
(1) Is eighteen (18) years of age or older;
(2) Is enrolled in an accredited college or university
and is a student in a culinary course;
(3) Is required to taste, but not consume or imbibe,
any beer, ale, porter, wine or other
similar malt or fermented beverage as part of the required curriculum; and
(4) Tastes a beverage under subdivision (3) of this subsection
only for instructional purposes
during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of
the college or university, who must be twenty-one (21) years of age or older. Nothing in this
subsection may be construed to allow a student under the age of twenty-one (21) to receive any
beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is
delivered as part of the student’s required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
(c) After a period of not less than one
year, or upon reaching the age of twenty-one,
whichever occurs first, a person who has pleaded guilty to or has been found guilty of violating
this section for the first time, and who since such conviction has not been convicted of any other
alcohol-related offense and who is not on probation for the violation of this section at the time
application is made, may apply to the court in which the person was sentenced for an order to
expunge all official records of the arrest, plea, trial and conviction except the municipal
prosecutor’s records. If the court determines, upon review, that such person has not been
convicted of any other alcohol-related offense at the time of the application for expungement,
and the person has had no other alcohol-related enforcement contacts, as defined in section
302.525, RSMo, the court shall enter an order of expungement. The effect of such an order shall
be to restore such person to the status the person occupied prior to such arrest, plea or conviction,
as if such event had 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 the person’s failure to recite or acknowledge such arrest, plea, trial,
conviction or expungement in response to any inquiry made of the person for any purpose
whatsoever. A person shall be entitled to only one expungement pursuant to this section.
Nothing contained in this section shall prevent the municipal court or other city officials from
maintaining such records as are necessary to ensure that an individual receives only one
expungement pursuant to this section.
(Ord No. 18006, § 1, 3-1-04
; Ord. No. 19549, § 1, 6-4-07; Ord. No. 20118, § 1, 11-17-08
)
Editor's note - Prior to the adoption of Ord. No. 18006, §1 on March 1, 2004, Sec. 4-20
was
known as Sec. 4-14.
(Ord. 20118, Amended, 11/17/2008, Prior Text; Ord. 19549, Amended, 06/04/2007, Prior Text; Ord. 18006, Added, 03/01/2004)