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Legislation #: 090378 Introduction Date: 5/7/2009
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JOLLY
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-371, Purchase or possession by minors, and enacting in lieu thereof a new section of like number and subject matter which conforms to Section 311.325, RSMo.

Legislation History
DateMinutesDescription
5/7/2009 Filed by the Clerk's office
5/7/2009 Referred to Public Safety and Neighborhoods Committee
5/13/2009 Hold On Agenda (5/27/2009)
5/27/2009 Hold On Agenda (6/24/2009)
7/8/2009 Hold Off Agenda
8/12/2009 Hold On Agenda (8/26/2009)
8/26/2009 Held off Docket
7/21/2010 Release
7/22/2010 Released

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ORDINANCE NO. 090378

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-371, Purchase or possession by minors, and enacting in lieu thereof a new section of like number and subject matter which conforms to Section 311.325, RSMo.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 10-371, Purchase or possession by minors, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 Sec. 10-371. Purchase or possession by minors; burden of proof.

(a) It shall be unlawful for any person under the age of twenty-one years to purchase or attempt to purchase, or to have in his or her possession, any intoxicating liquor as defined in section 311.020, RSMo. or to be visibly intoxicated as defined in section 577.001, RSMo, or to have a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood.

(b) 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 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.

(c) The provisions of this section shall not apply to a student who:

(1) Is eighteen 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.

In addition, 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 years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one 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.

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Galen P. Beaufort

City Attorney