§ 3-11. Prohibiting the use of alcoholic beverages and drugs by any minor at open house parties.

(a)

No person who is the owner in possession, a tenant or sub-tenant, or has temporary charge of any residence or premises, shall allow an open house party to take place at the residence or premises if any alcoholic beverage or drug is possessed or consumed at the residence or premises by any minor where the person knew or reasonably should have known that any alcoholic beverage or drug was in the possession or being consumed by a minor at the residence or premises and where the person failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the residence or premises.

The provisions of this section shall not apply to:

(1)

The consumption, use or possession of a drug by a minor pursuant to a lawful prescription for each drug.

(2)

Religious observance or prescribed medical treatments.

(3)

The possession by a minor of alcoholic beverages or lawfully prescribed drugs incidental to the lawful employment of such minor.

(b)

Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by fine of two hundred and fifty dollars ($250.00) for the first violation of this section and a fine of five hundred dollars ($500.00) for each subsequent violation.

(c)

The following definitions shall be used for the provisions of this section:

(1)

Adult. Person seventeen (17) years of age or older.

(2)

Alcoholic beverage. Any alcoholic liquor as defined now and hereafter by the revises Statutes of Missouri (RSMo). Currently, "alcoholic liquor" is define by RSMo 311.020.

(3)

Control. Any form of authority, regulation, responsibility or dominion, including a possessory right.

(4)

Drug. A controlled substance as defined and described now or hereafter by the Revised Statutes of Missouri. Currently "controlled substances" are defined and described by RSMo. 195.005 - 195.425.

(5)

Minor. A person not legally permitted by reason of age to possess, consume or purchase alcoholic liquor as described now or hereafter by the Revised Statutes of Missouri.

(6)

Open house party. A social gathering at a residence or premises of persons in addition to the owner or those with rights of possession or their immediate family members.

(7)

Residence or premises. A motel room, hotel room, home, apartment, condominium, or other dwelling unit, including the curtilage of a dwelling unit, or a hall, meeting room, or other place of assembly, whether occupied as a dwelling or specifically for social functions, and whether owned, leased, rented, or used with or without compensation.

(Ord. No. 07-44, § 1, 9-13-07)