Section 4-20 Purchase or possession by minors; intoxicated minors; exceptions.
Prior to the adoption of Ord. 20629 on 05/17/2010, Section 4-20 read as follows.
Any person under the age of twenty-one (21) years, who purchases or attempts
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 persons 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
(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
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 students 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
(21) , whichever occurs first, a person who has pleaded guilty to or has been found
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.
No records shall be expunged if the person
who has pleaded guilty to or has been found guilty of violating this section is licensed as a
commercial motor vehicle driver or was operating a commercial motor vehicle as defined in §
302.700, RSMo, at the time of the violation.
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 RSMo § 302.525, 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
known as Sec. 4-14.