Alcohol laws of Missouri - AbsoluteAstronomy.com

The alcohol laws of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

are among the most permissive in the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

when compared to other U.S. states, though Nevada's and Louisiana

Louisiana

Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

's are similar. Missouri is known for its largely laissez-faire

Laissez-faire

In economics, laissez-faire describes an environment in which transactions between private parties are free from state intervention, including restrictive regulations, taxes, tariffs and enforced monopolies....

approach to throughout the Midwest

Midwestern United States

The Midwestern United States is one of the four U.S. geographic regions defined by the United States Census Bureau, providing an official definition of the American Midwest....

, in sharp contrast to the very strict alcohol laws of some of its neighbors, like Kansas

Alcohol laws of Kansas

The alcohol laws of Kansas are among the strictest in the United States, in sharp contrast to its neighboring state of Missouri , and similar to its other neighboring state of Oklahoma...

and Oklahoma

Alcohol laws of Oklahoma

The alcohol laws of Oklahoma comprehensively limit and regulate the sale of alcohol in Oklahoma. Much like its neighboring state of Kansas , Oklahoma's approach to alcohol is quite strict....

Summary

Missouri's lax alcohol laws compared to other states include:

Blanket liquor laws without regard to alcohol percentage;
Legalized public intoxication
Public intoxication
Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...

, which localities cannot override;
No statewide prohibition on drinking in public, though nearly every municipality prohibits this on its own;
No statewide vehicle open container law, allowing passengers in motor vehicles (but not drivers) to consume alcohol openly, though 31 localities do have local vehicle open container laws;
No limitations on the types of locations that can sell liquor off-premises, allowing even drug stores and gas stations to sell hard liquor;
No blue law
Blue law
A blue law is a type of law, typically found in the United States and, formerly, in Canada, designed to enforce religious standards, particularly the observance of Sunday as a day of worship or rest, and a restriction on Sunday shopping...

s;
3:00 AM bar closing hours
Last call (bar term)
In a bar, a last call is an announcement made shortly before the bar closes for the night, informing patrons of their last chance to buy alcoholic beverages. There are various means to make this signal, like ringing a bell, flashing the lights, or announcing orally.Last call times are often...

in St. Louis
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...

, Kansas City
Kansas City, Missouri
Kansas City, Missouri is the largest city in the U.S. state of Missouri and is the anchor city of the Kansas City Metropolitan Area, the second largest metropolitan area in Missouri. It encompasses in parts of Jackson, Clay, Cass, and Platte counties...

, and their surrounding areas;
Legalized interstate shipments of less than five gallons of any lawfully-manufactured alcohol except wine;
Forbidding a local option
Local Option
Local Option is a term used to describe the freedom whereby local political jurisdictions, typically counties or municipalities, can decide by popular vote certain controversial issues within their borders. In practice, it usually relates to the issue of alcoholic beverage sales...

, prohibiting counties and cities from banning the retail sale of liquor;
Permitting open containers on the street in the Power & Light District in Downtown Kansas City
Downtown Kansas City
Downtown Kansas City is the central business district of Kansas City, Missouri and the Kansas City Metropolitan Area. It is located between the Missouri River in the north, to 31st Street in the south; and from the Kansas–Missouri state line east to Troost Avenue as defined by officials of the...

;
Allowing residents over 21 to manufacture up to 100 gallons of any alcohol for personal use each year without any state limitation, license, or taxation; and
Allowing parents and guardians to give alcohol to their children, though not to the level of neglect or abuse

History of Missouri alcohol laws

Nicknamed the "Show Me State" for Missourians' well-known "stalwart, conservative, noncredulous" attitude toward regulation in general, this tendency always has been readily visible with regard to the state's alcohol laws. Missouri's laissez-faire approach to alcohol regulation also stems from its position as the leading alcohol-producing state in America, well known for wine

Wine

Wine is an alcoholic beverage, made of fermented fruit juice, usually from grapes. The natural chemical balance of grapes lets them ferment without the addition of sugars, acids, enzymes, or other nutrients. Grape wine is produced by fermenting crushed grapes using various types of yeast. Yeast...

production in the Missouri Rhineland

Missouri Rhineland

The Missouri Rhineland is a geographical area of Missouri that extends from west of St. Louis to slightly east of Jefferson City, located mostly in the Missouri River Valley on both sides of the river...

and for beer

Beer

Beer is the world's most widely consumed andprobably oldest alcoholic beverage; it is the third most popular drink overall, after water and tea. It is produced by the brewing and fermentation of sugars, mainly derived from malted cereal grains, most commonly malted barley and malted wheat...

production in St. Louis

St. Louis, Missouri

St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...

by Anheuser-Busch

Anheuser-Busch

Anheuser-Busch Companies, Inc. , is an American brewing company. The company operates 12 breweries in the United States and 18 in other countries. It was, until December 2009, also one of America's largest theme park operators; operating ten theme parks across the United States through the...

, which produces Budweiser

Budweiser (Anheuser-Busch)

Budweiser is a 5.0% abv American-style lager introduced in 1876 by Adolphus Busch and one of the highest selling beers in the United States. It is made with up to 30% rice in addition to hops and barley malt. Budweiser is produced in various breweries located around the world...

. Anheuser-Busch is the principal advocate of keeping Missouri's alcohol laws as lax as they are.

But these laws have generally always been this way. During the height of the temperance movement

Temperance movement

A temperance movement is a social movement urging reduced use of alcoholic beverages. Temperance movements may criticize excessive alcohol use, promote complete abstinence , or pressure the government to enact anti-alcohol legislation or complete prohibition of alcohol.-Temperance movement by...

in the late-19th century and early-20th century before nationwide prohibition

Prohibition in the United States

Prohibition in the United States was a national ban on the sale, manufacture, and transportation of alcohol, in place from 1920 to 1933. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban, as well as defining which...

, Missouri never implemented its own statewide prohibition. Actually, the voters of Missouri rejected prohibition in three separate initiative elections

Initiative

In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...

in 1910, 1912, and 1918. When temperance crusader Carrie A. Nation entered a bar in Kansas City

Kansas City, Missouri

Kansas City, Missouri is the largest city in the U.S. state of Missouri and is the anchor city of the Kansas City Metropolitan Area, the second largest metropolitan area in Missouri. It encompasses in parts of Jackson, Clay, Cass, and Platte counties...

in April 1901 and began to smash liquor bottles with her hatchet, she was promptly arrested and fined $500 ($12,926 in 2010 dollars), which her judge stayed as long as she agreed to leave Missouri and never return. The Missouri General Assembly

Missouri General Assembly

The Missouri General Assembly is the state legislature of the U.S. state of Missouri. The bicameral General Assembly is composed of a 34-member Senate, and a 163-member House of Representatives. Members of both houses of the General Assembly are subject to term limits...

was the second to last state legislature to ratify the 18th Amendment

Eighteenth Amendment to the United States Constitution

The Eighteenth Amendment of the United States Constitution established Prohibition in the United States. The separate Volstead Act set down methods of enforcing the Eighteenth Amendment, and defined which "intoxicating liquors" were prohibited, and which were excluded from prohibition...

in 1919.

During prohibition, political boss Tom Pendergast

Tom Pendergast

Thomas Joseph Pendergast controlled Kansas City and Jackson County, Missouri as a political boss. "Boss Tom" Pendergast gave workers jobs and helped elect politicians during the Great Depression, becoming wealthy in the process.-Early years:Thomas Joseph Pendergast, also known to close friends as...

ensured that the national prohibition law would not affect Kansas City's liquor industry and saloons. Kansas City's federal prosecutor

United States Attorney

United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

, who was on Pendergast's payroll, never brought a single felony prosecution under the Volstead Act

Volstead Act

The National Prohibition Act, known informally as the Volstead Act, was the enabling legislation for the Eighteenth Amendment which established prohibition in the United States...

. Effectively, thanks to Pendergast, prohibition did not affect Kansas City. This atmosphere led the editor of the Omaha World-Herald
Omaha World-Herald
The Omaha World-Herald, based in Omaha, Nebraska, is the primary daily newspaper of Nebraska, as well as portions of southwest Iowa. For decades it circulated daily throughout Nebraska, and in parts of Kansas, South Dakota, Missouri, Colorado and Wyoming. In 2008, distribution was reduced to the...

to remark, "If you want to see some sin, forget about Paris

Paris

Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...

. Go to Kansas City."

An 1857 Missouri statute left all liquor regulation to localities, including the question whether to go dry

Dry county

A dry county is a county in the United States whose government forbids the sale of alcoholic beverages. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Hundreds of dry counties exist across the United States, almost all of them in the South...

, except the collection of licensing fees. As a result, despite the lack of statewide prohibition, by the end of nationwide prohibition in 1934 half of Missouri's counties had gone dry. Immediately, though, Missouri enacted its first Liquor Control Law, which repealed and superseded those local laws. This was the first time Missouri had any statewide control of liquor. Today, Missouri has no dry jurisdictions whatsoever.

Before state alcohol regulation began in 1934, many Missouri cities, including both St. Louis and Kansas City, had banned Sunday liquor sales. Missouri's original 1934 Liquor Control Law prohibited Sunday sales of beverages with more than 5% alcohol by volume (not coincidentally the same amount of alcohol in Budweiser), but this restriction was lifted entirely in 1975.

What constitutes "intoxicating liquor"

Unlike many states, the alcohol laws of Missouri do not differentiate between types of alcohol based on the percentage of alcohol in a given beverage. Missouri's Liquor Control Law covers any "alcohol for beverage purposes, alcohol, spiritous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spiritous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume." Thus, the Liquor Control Law covers any type of alcoholic beverage which contains more than 0.5% alcohol by volume.

Until recently, there was a separate regulation for beer

Beer

containing at least 0.5% alcohol by volume and at most 3.2% alcohol by weight, which was classified as "nonintoxicating beer" (rather than a liquor) and was subject to a separate law from the Liquor Control Law. For a long time, however, the Nonintoxicating Beer Law was rarely invoked, as the Liquor Control Law's permissive sale provisions for any alcoholic beverage made so-called "three-two beer" a rarity in Missouri. The Missouri General Assembly

Missouri General Assembly

repealed it in August 2009. The Liquor Control Law now controls all alcoholic beverages containing more than 0.5% alcohol by volume.

Any beverage containing less than 0.5% alcohol by volume (including low alcohol beer

Low alcohol beer

Low-alcohol beer is beer with very low or no alcohol content...

) is expressly exempt from all alcohol regulation in Missouri (including age restrictions), and is subject only to ordinary food safety

Food safety

Food safety is a scientific discipline describing handling, preparation, and storage of food in ways that prevent foodborne illness. This includes a number of routines that should be followed to avoid potentially severe health hazards....

laws.

Manufacturing

Missourians over the age of 21 may manufacture up to 100 gallons per person each year of any alcoholic beverage for personal use, without further limitation, without taxation, and without any license. It should be noted, though, that for production of distilled alcohol (i.e. not beer or wine) for personal use, it probably still is necessary for the private citizen to obtain a permit from the Federal Alcohol and Tobacco Tax and Trade Bureau

Alcohol and Tobacco Tax and Trade Bureau

The Alcohol and Tobacco Tax and Trade Bureau, statutorily named the Tax and Trade Bureau and frequently shortened to TTB, is a bureau of the United States Department of the Treasury....

and meet other requirements under federal law

Law of the United States

The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...

.

Besides that, however, the only alcohol which is illegal for sale or possession in Missouri is that which has been manufactured without a license and/or that on which the required taxes have not been paid.

Off-premises sales

Missouri has no specific state limitations on the places where alcohol may be sold "off-premises" (i.e. for consumption elsewhere). As a result, Missouri is famous in the region for grocery store

Grocery store

A grocery store is a store that retails food. A grocer, the owner of a grocery store, stocks different kinds of foods from assorted places and cultures, and sells these "groceries" to customers. Large grocery stores that stock products other than food, such as clothing or household items, are...

s, drug stores, and even gas stations throughout the state which sell a wide variety of beer, wine, and liquor. As long as it is not located within 100 feet (30.5 m) of a school or church, virtually any retail business (including a vague and undefined "general merchandise store") which obtains the proper licenses from the Division of Alcohol and Tobacco Control and local authorities may sell any type of alcohol. State law even forbids a local option

Local Option

Local Option is a term used to describe the freedom whereby local political jurisdictions, typically counties or municipalities, can decide by popular vote certain controversial issues within their borders. In practice, it usually relates to the issue of alcoholic beverage sales...

and prohibits cities and counties from banning the off-premises sale of alcohol.

Missouri does, however, limit the hours of retail alcohol sales to between 6:00 AM and 1:30 AM Monday through Saturday, and - for an additional license fee - between 9:00 AM and midnight on Sunday.

Most municipalities, including St. Louis and Kansas City have enacted local laws following the state law, which prohibit the retail sale of liquor between 1:30 AM and 6:00 AM Tuesday through Saturday, and between midnight on Sunday and 9:00 AM the following morning.

No Missouri law prohibits establishments from holding both off-premises and on-premises licenses. As a result, some businesses are licensed to sell liquor both "by the drink" (individually for consumption on premises) and "by the package" (by the container for consumption off premises). Effectively, these are bars which double as liquor stores. In these places, off-premises sales are allowed until 1:30 a.m., even in those in St. Louis and Kansas City specially licensed to serve liquor by the drink until 3:00 a.m. (on-premises sales may continue until 3:00, but off-premises sales must cease by 1:30).

On-premises sales

Generally, the hours for sales of liquor by the drink (for consumption on the premises) are the same as liquor by the package: between 6:00 AM and 1:30 AM Monday through Saturday, and - again for an additional fee - between 9:00 AM and midnight on Sunday. State law allows incorporated cities to prohibit the on-premises sale of liquor by public referendum, although no city in Missouri ever has held such a referendum. The on-premises sale of liquor is allowed throughout the state, without any limitation except for the hours when sale is permitted.

Since 1981, properly licensed establishments with certain levels of annual revenue in Kansas City

Kansas City, Missouri

, Jackson County

Jackson County, Missouri

Jackson County is a county located in the U.S. state of Missouri. With a population of 674,158 in the 2010 census, Jackson County is the second most populous of Missouri's counties, after St. Louis County. Kansas City, the state's most populous city and focus city of the Kansas City Metropolitan...

, North Kansas City

North Kansas City, Missouri

North Kansas City is a city in Clay County, Missouri, United States and is an independent municipality that is a part of the Kansas City metropolitan area. The population was 4,714 as of the 2000 census but a large business/industrial base swells the daytime population by thousands more...

, St. Louis

St. Louis, Missouri

St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...

, and St. Louis County

St. Louis County, Missouri

St. Louis County is a county located in the U.S. state of Missouri. Its county seat is Clayton. St. Louis County is part of the St. Louis Metro Area wherein the independent City of St. Louis and its suburbs in St. Louis County, as well as the surrounding counties in both Missouri and Illinois all...

have been permitted to sell liquor by the drink between 6:00 AM and 3:00 AM Mondays through Saturdays, and between 11:00 AM and 3:00 AM on Sundays.

Shipping

Except for wine, Missouri places no limitations on the interstate shipping of alcohol into the state, as long the alcohol is in a quantity less than five gallons, has been lawfully manufactured in its source jurisdiction, and is shipped to a person who is at least 21 years of age. There are no quantity limits whatsoever for shipments which are entirely within Missouri or which are made by licensed Missouri alcohol retailers.

Bulk shipments

To ship alcohol into Missouri in quantities greater than five gallons, both the commercial carrier doing the shipping and the sender itself must obtain a "transporter's license" from the Missouri Department of Revenue and pay the necessary licensing fees. Additionally, for such shipments, the commercial carrier must be generally licensed to do business by the Department of Economic Development. In practice, ordinary commercial shippers like FedEx

FedEx

FedEx Corporation , originally known as FDX Corporation, is a logistics services company, based in the United States with headquarters in Memphis, Tennessee...

and UPS

United Parcel Service

United Parcel Service, Inc. , typically referred to by the acronym UPS, is a package delivery company. Headquartered in Sandy Springs, Georgia, United States, UPS delivers more than 15 million packages a day to 6.1 million customers in more than 220 countries and territories around the...

have the necessary licenses.

Special regulations for wine shipments

An alcohol retailer licensed in Missouri or in any other state which has similar, "reciprocal" wine-shipping laws may ship up to two cases of wine each year to any Missouri resident over the age of 21, provided that the wine is for personal use and not for resale. Such a delivery is deemed not to be a sale in Missouri.

Otherwise, for direct shipments of wine from a winery, a wine manufacturer licensed in Missouri or any other state can obtain a "wine direct shipper license" from the Division of Alcohol and Tobacco Control which lets that manufacturer ship up to two cases of wine per month to any person in Missouri who is at least 21 years of age. Unlike shipments under the "reciprocal" provision, for shipments under this provision, the wine manufacturer must use a licensed alcohol carrier.

Driving

Although a driver is prohibited from consuming alcohol while driving, Missouri has no general open container law

Open container law

In the United States, open container laws prohibit the existence of open containers of alcohol in certain areas. Typically these laws concern public places, such as parks, and vehicles. Open container laws are state laws, rather than federal laws; thus they vary from state to state.-Open containers...

for vehicles, a characteristic which Missouri shares only with the states of Arkansas

Arkansas

Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...

, Connecticut

Connecticut

Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

, Delaware

Delaware

Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...

, Mississippi

Mississippi

Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...

, Virginia

Virginia

The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

, and West Virginia

West Virginia

West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...

. Any non-driving vehicle passenger thus is permitted to possess an open container and consume alcohol in Missouri while the vehicle is in motion, although 31 smaller municipalities, the largest being Independence

Independence, Missouri

Independence is the fourth largest city in the U.S. state of Missouri, and is contained within the counties of Jackson and Clay. It is part of the Kansas City Metropolitan Area...

and St. Charles, have local open container laws. The metropolises of St. Louis and Kansas City have no local open container laws, and thus the state law (or lack thereof) governs. This makes it possible for a passenger to drink legally through the entire 250 miles (402.3 km) trip across Missouri on Interstate 70

Interstate 70

Interstate 70 is an Interstate Highway in the United States that runs from Interstate 15 near Cove Fort, Utah, to a Park and Ride near Baltimore, Maryland. It was the first Interstate Highway project in the United States. I-70 approximately traces the path of U.S. Route 40 east of the Rocky...

between Downtown Kansas City

Downtown Kansas City

Downtown Kansas City is the central business district of Kansas City, Missouri and the Kansas City Metropolitan Area. It is located between the Missouri River in the north, to 31st Street in the south; and from the Kansas–Missouri state line east to Troost Avenue as defined by officials of the...

and Downtown St. Louis

Downtown St. Louis

Downtown St. Louis is the central business district of St. Louis, Missouri, the hub of tourism and entertainment, and the anchor of the St. Louis metropolitan area. The downtown is bounded by Cole Street to the north, the river front to the east, Chouteau Avenue to the south, and Jefferson Avenue...

, only closing his container while passing through the city limits of Independence, Bates City

Bates City, Missouri

is a city in Lafayette County, Missouri, United States. The population was 245 at the 2000 census.-Geography:Bates City is located at .According to the United States Census Bureau, the city has a total area of , all of it land....

, Foristell

Foristell, Missouri

Foristell is a city in St. Charles and Warren Counties in the U.S. state of Missouri. The population was 358 at the 2007 census.-Geography:Foristell is located at ....

, and St. Charles.

As a result of having no state open container laws, under the federal Transportation Equity Act for the 21st century of 1999, a percentage of Missouri's federal highway funds is transferred instead to alcohol education programs each year. Since 1999, the Missouri General Assembly has considered several bills which would have created open container regimens satisfying the federal law, but each one "failed due to weak legislative support." Anheuser-Busch

Anheuser-Busch

leads opposition to enacting a passenger open container law.

In public

Missouri also is one of only six states (along with Georgia

Georgia (U.S. state)

Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...

, Louisiana

Louisiana

, Montana

Montana

Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...

, Nevada

Nevada

Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...

, and Pennsylvania

Pennsylvania

The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

) which has no state law prohibiting drinking in public, although an establishment selling liquor by the drink ordinarily may not permit a patron to take unfinished liquor off the premises. Restaurant and winery patrons, though, may take unfinished bottles of wine out of the restaurant or winery, provided that the containers are closed and placed in sealed bags.

Missouri has no state public intoxication

Public intoxication

Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...

law either, unlike many other states, and state law expressly prohibits local jurisdictions from enacting any law "which authorizes or requires arrest or punishment for public intoxication or being a common or habitual drunkard or alcoholic."

It is a misdemeanor in Missouri, however, to be both intoxicated and disorderly or to consume or offer any alcoholic beverage specifically in any school, church, or courthouse. Consumption and offering in courthouses is permitted, though, at social functions after business hours when authorized by the court.

Despite the lack of a general state law prohibiting drinking in public, nearly all municipalities, including both St. Louis and Kansas City, do prohibit drinking in public. St. Louis, however, does allow picnickers in public parks to consume alcohol without limitation

Special allowance for open containers in public in Kansas City

In 2005, anticipating Kansas City's new Power & Light District, a nine-block shopping, bar, and restaurant entertainment district in Downtown Kansas City

Downtown Kansas City

, and after lobbying by the Cordish Company

Cordish Company

The Cordish Company is a real estate development and entertainment operating company with its headquarters on the 6th floor of the Pratt Street Power Plant in Baltimore, Maryland...

of Baltimore (the District's developer), the Missouri General Assembly passed a new law specifically allowing patrons of any "entertainment district" in Downtown Kansas City to remove any alcoholic beverage from any establishment in the district and carry it openly throughout the district, provided that the beverage is in a plastic cup marked with the logo of the establishment at which it was purchased.

The City Council later legalized the possession of an open container in any portion not open to vehicular traffic of the Power & Light District, Kauffman Center for the Performing Arts

Kauffman Center for the Performing Arts

The Kauffman Center for the Performing Arts is a newly inaugurated performing arts center in downtown Kansas City, Missouri, USA, at 16th and Broadway near the Power & Light District, the Sprint Center and the Crossroads Arts District. Its construction was a major part of the ongoing redevelopment...

, the Crossroads Arts District

Crossroads Arts District

The Crossroads is a historic neighborhood near Downtown Kansas City, Missouri. It is centered at approximately 19th Street and Baltimore Avenue, directly south of the downtown loop and north of Crown Center. It is the city's main art gallery district and center for the visual arts...

, the 18th and Vine Historic District, the Liberty Memorial

Liberty Memorial

The Liberty Memorial, located in Kansas City, Missouri, USA, is a memorial to the fallen soldiers of World War I and houses the The National World War I Museum, as designated by the United States Congress in 2004.. Groundbreaking commenced November 1, 1921, and the city held a site dedication...

, Crown Center

Crown Center

Crown Center is a commercial complex and neighborhood located near Downtown Kansas City, Missouri located between Gillham Road and Grand Boulevard to the east and west, and between Pershing Boulevard and Union Hill to the north and south. The shopping center is anchored by Halls, a department store...

, and the Union Hill

Union Hill, Kansas City

Union Hill is a historic neighborhood in Kansas City, Missouri. The neighborhood is located between 29th Street and 31st Street and Main Street to Gillham Road....

neighborhood. The Power & Light District opened in the spring of 2008, and no law prohibits drinking there "in the street." It is one of only a few places in the United States where open containers are allowed in public.

DUI

Like every other state in the United States, driving under the influence

Driving under the influence

Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...

is a crime in Missouri, and is subject to a great number of regulations outside of the Liquor Control Law. Missouri's maximum blood alcohol level for driving is .08% for persons over the age of 21 and .02% for minors and adults under age 21.

Ordinarily, DUI is a misdemeanor in Missouri, although the third DUI conviction becomes a felony. Refusal to take a chemical test (i.e. breathalyzer

Breathalyzer

A breathalyzer or breathalyser is a device for estimating blood alcohol content from a breath sample...

) when so requested by a law enforcement officer who has probable cause

Probable cause

In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...

will result in a one-year suspension of the suspect's driver's license.

Drinking age

Missouri's drinking age has been 21 since 1945. That is, Missouri law prohibits minors from possessing or purchasing alcohol

Minor In Possession

In the United States, a Minor in Possession, or a MIP, is a criminal offense, typically a misdemeanor. Anyone who is under the age of 21 and possesses alcohol in the United States, with the exception of special circumstances, is violating the law of the state...

. Thus, when the National Minimum Drinking Age Act

National Minimum Drinking Age Act

The National Minimum Drinking Age Act of 1984 was passed on July 17, 1984 by the United States Congress as a mechanism whereby all states would become thereafter required to legislate the age of 21 years as a minimum age for purchasing and publicly possessing alcoholic beverages...

of 1984 came into effect on January 1, 1985, Missouri was in no danger of losing federal highway funds.

A minor in possession (MIP) of alcohol or a business or person which furnishes alcohol to a minor is guilty of a misdemeanor, although for sellers there are numerous defenses and exceptions. Missouri is one of six states, however, with a unique exception which allows a minor to be furnished alcohol by his or her parent or guardian. Of course, if a parent or guardian purposefully intoxicated his or her child, it would be a form of child abuse. Rather, this sort of law allows parents to let their children have a small amount of liquor with a meal, at social gatherings, in religious services, or otherwise use alcohol in moderation. Additionally, although Missouri prohibits minors from possessing or purchasing alcohol, it is one of twenty states (and the District of Columbia) which have no specific law prohibiting the consumption of alcohol by minors.

In 2005, though, the Missouri General Assembly amended the Liquor Control Law to prohibit any minor from having a blood alcohol level higher than .02%. This new law has been referred to as "Possession by Consumption". It remains unclear how the provision permitting family consumption, the lack of a specific consumption prohibition, and the new "minor under the influence" law will work together.

Special expungement for MIP

Since 2005, Missouri law has had a special method of expungement

Expungement

In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the...

for a person who pleaded guilty to or was convicted of being a minor in possession of alcohol one time in Missouri. If more than a year has passed since the charge was disposed of or the person turns twenty-one, whichever is earlier, and the person has had no other MIP expungements and has had no other alcohol-related law enforcement contacts (like drunk driving or violating the terms of a liquor license

Liquor license

-Alberta:In Alberta, liquor licences are issued by the Alberta Gaming and Liquor Commission.-United Kingdom:Throughout the United Kingdom, the sale of alcohol is restricted—pubs, restaurants, shops and other premises must be licensed by the local authority. The individual responsible for the...

), then all records of the case can be completely deleted upon proper application to the Circuit Court

Missouri Circuit Courts

The Missouri Circuit Courts are the state trial courts of original jurisdiction and general jurisdiction of the state of Missouri.-Jurisdiction:The Missouri Constitution provides for the Circuit Courts in Article V, Judicial Department.-List of circuits:...

of the county in which the person was charged.

Fake ID

In Missouri, it is a misdemeanor punishable by up to a $500 fine for a person under 21 to represent by virtue of displaying a fake ID

Identity document forgery

Identity document forgery is the process by which identity documents issued by governing bodies are copied and/or modified by persons not authorized to create such documents or engage in such modifications, for the purpose of deceiving those who would view the documents about the identity or status...

that he or she is over 21 for the purposes of purchasing or possessing alcohol. Additionally, it constitutes a separate misdemeanor under the Liquor Control Law if the minor reproduced or altered the ID himself, punishable by up to one year in prison and/or a fine of up to $1,000.

The forgery of an identity document is a separate felony in Missouri, punishable by up to seven years in prison and/or a fine of up to $5,000 (or if financial gain was made, up to the amount of that financial gain). Possession of forgery instruments also is a felony with the same prospective punishments as that of ordinary forgery.

External links

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