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City of Olivette, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2581 §1, 6-14-2016]
A. 
No licensee or other merchant or business owner, or any employee or agent, shall, on the premises on which the business is conducted, sell, vend, give away, allow, or otherwise supply: (i) any intoxicating liquor to any person who is under the age of twenty-one (21) years, or permit such person to drink or consume intoxicating liquor, or (ii) sell, give away, lend, permit the use of or otherwise dispose of any soda water, ginger ale, water, ice, glass, spoon, container, or receptacle to any person with the intent or knowledge that the same will be consumed or used in connection with the drinking or consuming of any intoxicating liquor by a person who is under the age of twenty-one (21) years.
B. 
This Section shall not apply to the supplying of intoxicating liquor to any person under the age of twenty-one (21) years by their parent or guardian outside of a licensed premises and if otherwise not in violation of this Chapter, or the supplying of intoxicating liquor to any person under the age of twenty-one (21) years for medicinal purposes, or the administering of intoxicating liquor to such person by a physician.
C. 
It shall be a defense to prosecution under this Section if:
1. 
The defendant sold or provided the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
2. 
To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver'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 (21) years of age.
[Ord. No. 2581 §1, 6-14-2016]
A. 
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his or her possession, any intoxicating liquor, or shall be in a visibly intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood.
B. 
Any person under the age of twenty-one (21) years who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in an intoxicated condition as defined in Section 577.001, RSMo., shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood. The implied consent to submit to the chemical tests listed in this Subsection shall be limited to not more than two (2) such tests arising from the same arrest, incident, or charge. Chemical analysis of the person's breath, blood, saliva, or urine shall be performed according to approved methods used by the City's Police Department in the enforcement of Section 342.040 of this Code. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person, at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer. Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:
1. 
The type of test administered and the procedures followed;
2. 
The time of the collection of the blood or breath sample or urine analyzed;
3. 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
4. 
The type and status of any permit which was held by the person who performed the test;
5. 
If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.
Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the City. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.
C. 
The provisions of this Section 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 intoxicating liquor as part of the required curriculum; and
4. 
Tastes intoxicating liquor 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 at least twenty-one (21) years of age. Nothing in this Section may be construed to allow a student under the age of twenty-one (21) years to receive any intoxicating liquor 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.
[Ord. No. 2581 §1, 6-14-2016]
It shall be unlawful for any person of the age of seventeen (17) years and under the age of twenty-one (21) years to represent that he or she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for, or in any way receiving any intoxicating liquor, except in cases authorized by law. Any person under the age of seventeen (17) years who represents that he or she has attained the age of twenty-one (21) years for the purpose of purchasing, asking for, or in any way receiving any intoxicating liquor may be considered a delinquent child and may be dealt with in accordance with the provisions of Chapter 211, RSMo.
[Ord. No. 2581 §1, 6-14-2016]
It shall be unlawful for any person to possess a modified or altered motor vehicle driver's license, non-driver's license issued by any uniformed service of the United States, or identification card established in Section 302.181, RSMo., or any other identification card that indicates that the person represented on the card is over twenty-one (21) years of age.
[Ord. No. 2581 §1, 6-14-2016]
It shall be unlawful for any person to give, lend, sell or otherwise provide any person between the ages of seventeen (17) and twenty-one (21) years any falsified identification, or the identification of another person, for the purpose of establishing the age of the minor as being twenty-one (21) years of age or older.
[Ord. No. 2581 §1, 6-14-2016]
A person commits the offense of manufacturing a false identification if he or she possesses any means of identification for the purpose of manufacturing and providing or selling a false identification card to a person under the age of twenty-one (21) for the purpose of purchasing or obtaining alcohol.
[Ord. No. 2581 §1, 6-14-2016]
A. 
No person under the age of twenty-one (21) years shall sell or assist in the sale of intoxicating liquor except in the following circumstances:
1. 
At any place of business licensed in accordance with this Chapter where at least fifty percent (50%) of the gross sales made consists of goods, merchandise or commodities other than intoxicating liquor in the original package, persons at least eighteen (18) years of age may stock, arrange displays, sack for carryout, and operate the cash register or scanner connected to the cash register and accept payment for intoxicating liquor. Delivery of intoxicating liquor away from the licensed business premises cannot be performed by anyone under the age of twenty-one (21) years.
2. 
At any place of business which sells food for consumption on the premises, and at least fifty percent (50%) of all sales consists of food, persons eighteen (18) years of age or older may, when acting as a waiter or waitress in such establishments, accept payment for and serve intoxicating liquor. Nothing in this Section shall authorize any person under the age of twenty-one (21) years of age to mix or serve across the bar any intoxicating beverages.