Alcohol laws of Missouri
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The alcohol laws of Missouri are among the most permissive in the United States.[1] Missouri is known throughout the Midwest for its largely laissez-faire approach to alcohol regulation, in sharp contrast to the very strict alcohol laws of some of its neighbors, like Kansas and Oklahoma.
History of Missouri alcohol laws
Nicknamed the "Show Me State",
These laws have generally always been this way. During the height of the
During Prohibition, political boss Tom Pendergast ensured that the national prohibition law would not affect Kansas City's liquor industry and saloons.[8] Kansas City's federal prosecutor, who was on Pendergast's payroll, never brought a single felony prosecution under the Volstead Act.[9] Effectively, thanks to Pendergast, prohibition did not affect Kansas City. This atmosphere led the editor of the Omaha World-Herald to remark, "If you want to see some sin, forget about Paris. Go to Kansas City."[9]
An 1857 Missouri statute left all liquor regulation to localities, including the question whether to go dry, except the collection of licensing fees.[10] 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 Immediately, though, Missouri enacted its first Liquor Control Law, which repealed and superseded those local laws.[11][12] This was the first time Missouri had any statewide control of liquor.[13] Today, Missouri has no dry jurisdictions whatsoever.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.[14] Missouri's original 1934 Liquor Control Law prohibited Sunday sales of beverages with more than 5% alcohol by volume, but this restriction was lifted entirely in 1975.[15]
For 2013, the annual "Freedom in the 50 States" study prepared by the Mercatus Center at George Mason University ranked Missouri third in the nation in alcohol freedom, noting Missouri's "alcohol regime is one of the least restrictive in the United States, with no blue laws and taxes well below average."[1]
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[16] 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."[17] Thus, the Liquor Control Law covers any type of alcoholic beverage which contains more than 0.5% alcohol by volume.
Until recently,[
Any beverage containing less than 0.5% alcohol by volume (including
Liquor sales
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
Missouri does, however, limit the hours of retail alcohol sales to between 6:30 AM and 1:30 AM Monday through Saturday,[23] and – for an additional license fee – between 1:30 AM and 6:30 AM on Sunday (beginning August 28, 2021).[24]
Most municipalities, including St. Louis[25] and Kansas City[26] have enacted local laws following the state law, which prohibit the retail sale of liquor between 6:30 AM and 1:30 AM Tuesday through Saturday, and between midnight on Sunday and 9:00 AM the following morning. Sunday hours were changed to the same hours as weekdays on August 28, 2021.
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 Sunday,[23][24] State law allows incorporated cities to prohibit the on-premises sale of liquor by public referendum,[27] 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
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.[31][32] There are no quantity limits whatsoever for shipments which are entirely within Missouri or which are made by licensed Missouri alcohol retailers.[31]
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.[31] Additionally, for such shipments, the commercial carrier must be generally licensed to do business by the Department of Economic Development.[32] In practice, ordinary commercial shippers like FedEx and UPS 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.[33] Such a delivery is deemed not to be a sale in Missouri.[33]
Missouri allows wine manufacturers licensed in any state to obtain a "wine direct shipper license" from the Division of Alcohol and Tobacco Control, which allows them to ship up to two cases of wine per month directly to any individual in Missouri who is at least 21 years old.[34] Unlike shipments under the "reciprocal" provision, for shipments under this provision, the wine manufacturer must use a licensed alcohol carrier.[34]
Open container
Driving
Although a driver is prohibited from consuming alcohol while driving,
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.[37][38] 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."[37] Anheuser-Busch leads opposition to enacting a passenger open container law.[3]
In public
Missouri also is one of only six states (along with Georgia, Louisiana, Montana, Nevada, and Pennsylvania) 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.[39] 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.[39]
Missouri has no state public intoxication 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."[40]
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.[41] Consumption and offering in courthouses is permitted, though, at social functions after business hours when authorized by the court.[41]
Despite the lack of a general state law prohibiting drinking in public, nearly all municipalities, including both St. Louis[42] and Kansas City,[43] do prohibit drinking in public. St. Louis, however, does allow picnickers in public parks to consume alcohol without limitation.[44]
Special allowance for open containers in public in Kansas City
In 2005, anticipating Kansas City's new
The City Council later legalized the possession of an open container in any portion not open to vehicular traffic of the Power & Light District,
DUI
Like every other state in the United States, driving under the influence is a crime in Missouri, and is subject to a great number of regulations outside of the Liquor Control Law.[49] Missouri's maximum blood alcohol level for driving is .08% for persons over the age of 21[50] and .02% for minors and adults under age 21.[51]
Ordinarily, DUI is a misdemeanor in Missouri, although the third DUI conviction becomes a felony.[52] Refusal to take a chemical test (i.e. breathalyzer) when so requested by a law enforcement officer who has probable cause will result in a one-year suspension of the suspect's driver's license.[53]
Minors and alcohol in Missouri
Drinking age
Missouri's
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.[54] Missouri is one of six states, however, with a unique exception which allows a minor to be furnished alcohol by their parent or guardian.[54] Of course, if a parent or guardian purposefully intoxicated their 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 20 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%.[54] 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. [citation needed]
Special expungement for MIP
Since 2005, Missouri law has had a special method of expungement 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 said person turns twenty-one, and said 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), then all records of the case can be completely deleted upon proper application to the Circuit Court of the county in which the person was charged.[55]
Fake ID
In Missouri, it is only a misdemeanor punishable by up to a $500 fine for a person under 21 to represent by virtue of displaying a fake ID that they are over 21 for the purposes of purchasing or possessing alcohol.[56] Additionally, it constitutes a separate misdemeanor under the Liquor Control Law if the minor reproduced or altered the ID themself,[57] punishable by up to one year in prison[58] and/or a fine of up to $1,000.[59]
The forgery of an identity document is a separate felony in Missouri,[60] punishable by up to seven years in prison[58] and/or a fine of up to $5,000 (or if financial gain was made, up to the amount of that financial gain).[59] Possession of forgery instruments also is a felony with the same prospective punishments as that of ordinary forgery.[61]
See also
- Alcohol laws of the United States by state
- History of Kansas City
- History of St. Louis, Missouri
- Smoking laws of Missouri
- People and culture of St. Louis, Missouri
- Sumptuary law
- Tom Pendergast
- Wine shipping laws in the United States
References
- ^ a b Mercatus Center (March 28, 2013). "50 States-Missouri". Freedom in the 50 States. George Mason University. Retrieved 29 March 2013.
- ^ Missouri Secretary of State - State Archives - Origin of "Show Me" slogan
- ^ a b "Anheuser ends opposition to .08 in Missouri," Modern Brewery Age, January 22, 2001
- ^ a b Kenneth H. Winn, "It All Adds Up: Reform and the Erosion of Representative Government in Missouri, 1900-2000," published by the Missouri Secretary of State
- ^ Ira M. Wasserman, "Prohibition and Ethno-Cultural Conflict: the Missouri Prohibition Referendum of 1918," Social Science Quarterly, Volume 70, pp. 886-901.
- ^ The Inflation Calculator Archived 2011-07-18 at the Wayback Machine
- ^ "Mrs. Nation Barred from Kansas City," The New York Times (April 16, 1901)
- ^ Allan May, "The History of the Kansas City Family," Crime Magazine, October 10, 2002
- ^ a b Ken Burns, "Kansas City, a Wide Open Town," from Jazz, PBS, 1997
- ^ "Anti-saloonists win: St. Louis must close her saloons on Sunday", 'The New York Times', May 8, 1888
- ^ 11 CSR § 70-1.010(1) (Missouri Secretary of State - Code of State Regulations)
- ^ Annotations to Mo. Rev. Stat § 311.010
- ^ "For Missouri Prohibition; Senate Passes Resolution Submitting Constitutional Amendment to People", The New York Times, May 6, 1909
- ^ "Kansas City Lid Padlocked: Not a Saloon Opened on Sunday Either on the Missouri or Kansas Side", The New York Times, July 2, 1906
- ^ Missouri Attorney General's Opinion 39-77
- ^ Mo. Rev. Stat. Chapter 311
- ^ a b Mo. Rev. Stat. § 311.020
- ^ a b Mo. Rev. Stat Chapter 312
- ^ Mo. Rev. Stat. § 312.020
- ^ Mo. Rev. Stat. § 311.080
- ^ Mo. Rev. Stat. § 311.200
- ^ Mo. Rev. Stat. § 311.170 Archived 2010-08-30 at the Wayback Machine
- ^ a b Mo. Rev. Stat. § 311.290
- ^ a b Mo. Rev. Stat. § 311.293
- ^ City of St. Louis Rev. Code of Ordinances §§ 14.03.030-040
- ^ Kansas City Code of Ordinances §§ 10-333 and 10-104
- ^ Mo. Rev. Stat. § 311.110
- ^ a b c Mo. Rev. Stat. § 311.174
- ^ Mo. Rev. Stat. § 311.176
- ^ Mo. Rev. Stat. § 311.178
- ^ a b c Mo. Rev. Stat. § 311.410
- ^ a b Mo. Rev. Stat. § 311.420
- ^ a b Mo. Rev. Stat. § 311.462
- ^ a b Mo. Rev. Stat. § 311.185
- ^ Mo. Rev. Stat. § 577.017
- ^ United States Department of Transportation - Open Container Law Conformance
- ^ a b c d e Justin Roberts, "Missouri State and Local Open Container Laws," University of Missouri Institute of Public Policy, June 2005
- ^ 23 U.S.C. § 154
- ^ a b Mo. Rev. Stat. § 311.101
- ^ Mo. Rev. Stat. § 67.305[permanent dead link]
- ^ a b Mo. Rev. Stat. § 574.075
- ^ City of St. Louis Rev. Code of Ordinanes § 14.05.010
- ^ Kansas City Code of Ordinances § 50-152
- ^ City of St. Louis Rev. Code of Ordinances § 14.05.010(a)
- ^ Mo. Rev. Stat. § 311.086 Archived 2010-08-29 at the Wayback Machine
- ^ Kansas City Code of Ordinances §§ 10-134 and 10-135
- ^ a b Rick Alm, "Drinking to be allowed on street in Power & Light District," The Kansas City Star, July 27, 2005
- ^ Kansas City Code of Ordinance § 10-134(c)
- ^ Mo. Rev. Stat. Chapter 577
- ^ Mo. Rev. Stat. § 577.012
- ^ a b Mo. Rev. Stat. § 311.325
- ^ Mo. Rev. Stat. § 577.023
- ^ Mo. Rev. Stat. § 577.041
- ^ a b c Mo. Rev. Stat. § 311.310 Archived 2010-05-27 at the Wayback Machine
- ^ Mo. Rev. Stat. § 311.326
- ^ Mo. Rev. Stat. § 311.320
- ^ Mo. Rev. Stat. § 311.329
- ^ a b Mo. Rev. Stat. § 558.011
- ^ a b Mo. Rev. Stat. § 560.016
- ^ Mo. Rev. Stat. § 570.090
- ^ Mo. Rev. Stat. § 570.100