For the purposes of this Article, the following words and phrases
are defined as follows:
CRIMINAL ACT
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri, or the ordinances of the City
of Town and Country, including curfew and moving traffic violations.
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of seventeen (17).
PARENT
The natural father or mother, or the adoptive father or mother.
PARENTAL NEGLECT
Any act or omission by which a parent fails to exercise customary
and effective control over a minor so as to contribute to, cause or
tend to cause a minor to commit any criminal act.
[Ord. No. 2511 §1, 9-27-2000]
A. Purpose And Findings. The Board of Alderman of the City
of Town and Country has found and determined that unsupervised gatherings
where alcoholic beverages or controlled substances are in the possession
of, consumed by, or delivered to persons under the age of twenty-one
(21) years constitute a potential hazard to the health, safety and
welfare of those in attendance at such gatherings and for others.
B. Definitions. The following definitions shall apply to the
provisions of this Section:
ALCOHOLIC BEVERAGES
Any beverage consisting of intoxicating, malt liquor or non-intoxicating beer as those terms are defined in Section
600.020 of Title VI of this Code.
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor defined or described
as such in Section 195.010 RSMo., as same may be amended.
MINOR
Any person under the age of twenty-one (21) years.
PARENT
A natural or adoptive parent, or a guardian, or the adult
designee of either of them.
PRACTITIONER
Any duly licensed medical professional or other person, as
defined or described in Section 195.010, RSMo., as same may be amended.
C. Use Of Premises For Consumption Of Alcoholic Beverages Or Controlled
Substances. It shall be unlawful for any person to knowingly
or negligently permit, on or in a premises under his/her control,
the consumption of alcoholic beverages or controlled substances by
a minor; provided that this shall not apply to the following:
1. The delivery of alcoholic beverages to a minor or the consumption
of alcoholic beverages by a minor in connection with the performance
of any bona fide religious service under the supervision of an adult,
with the consent of the person in control of the premises.
2. The delivery of an alcoholic beverage to a minor, by that minor's
parent, and under the direct supervision of the parent.
3. The possession or consumption of, or the delivery to a minor, of
a controlled substance prescribed for that minor by a practitioner,
when such delivery is by that minor's parent or by that person in
control of the premises provided that such person has obtained the
prior consent of that minor's parent.
D. Duty To Supervise. It shall be unlawful for any person in
control of a premises to leave such premises, whether or not such
premises are currently occupied by minors residing at such premises,
1. When it is reasonably foreseeable that such premises may be used
for a gathering at which alcoholic beverages or controlled substances
may be in possession of or consumed by minors, and
2. When such premises are in fact used for a gathering at which alcoholic
beverages or controlled substances are in the possession of or consumed
by minors.
E. Rental Of Premises. It shall be unlawful for any owner, or agent or employee thereof, to rent any premises to a minor or to an adult when it is reasonably foreseeable that such adult will leave such premises and that such premises may be used for a gathering at which alcoholic beverages or controlled substances may be in possession of or consumed by minors, except as hereinabove provided in Subsection
(C).
F. Duty To Disperse. Any person in control of a premises at
which alcoholic beverages or controlled substances are in the possession
of or are being consumed by minors shall cause all persons in or on
said premises who are not lawful residents thereof to disperse not
more than fifteen (15) minutes after personally receiving an order
to do so by a Police Officer.