I have kids; my friends have kids; I’m a lawyer, and people ask for free legal advice. One of the things I get asked about is supplying liquor to a minor.
“Can I give my kids alcohol?”
The statute in Missouri is a little ambiguous. The statute says you can supply liquor to your children. But ‘children’ is not defined in the statute, and these laws are in danger of changing.
The cases I typically see as a defense attorney will be a store clerk or someone selling liquor to a minor. The Greene County Sheriff’s Department sets up stings that send underage kids in to test if a clerk is going to sell alcohol to a minor. Those are the scenarios I see quite a bit.
Do I see the parent giving alcohol to their kids getting charged very often? No. I have seen charges when those same kids get into their parent’s liquor cabinet and share with their friends. Mom and Dad don’t even have to be home to be considered responsible for supplying liquor to a minor in that situation.
Be careful. This area of law is very gray. Parents getting charged for giving their kids alcohol? We don’t see those charges very often. But when we do, they make the news. The only way you’re guaranteed to avoid those charges is not to serve alcohol to minors.
Whether you’re one of those parents in the news or a clerk that got hit by a Greene County sting operation, there are ways we can help. Just give us a call.
MISDEMEANOR SUPPLYING LIQUOR TO A MINOR STATUE
311.310. Sale to minor — certain other persons, misdemeanor — exceptions — permitting drinking or possession by a minor, penalty, exception — defenses. —
1. 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 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 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 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 duly licensed physician. No person shall be denied a license or renewal of a license issued under this chapter solely due to a conviction for unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed establishment.
2. Any owner, occupant, or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly 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 class B misdemeanor. Any second or subsequent violation of this subsection is a class A misdemeanor.
3. It shall be a defense to prosecution under this section if:
(1) The defendant is a licensed retailer, club, drinking establishment, or caterer or holds a temporary permit, 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 nondriver’s identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one years of age and of the legal age for consumption of intoxicating liquor.
PENALTY OF CONVICTION
If you are convicted of selling or supplying alcohol to a minor you can be charged with a misdemeanor and face up to $1,000 in fines and up to 1 year in jail. Someone who finds a minor is drinking or possessing intoxicating liquor on the property but fails to stop the activity may face up to $500 in fines and up to 6 months in prison for a first offense. Second violators face up to $1000 in fines and up to 1 year in jail.