§ 50-241. Open house parties prohibited where possession or consumption of alcoholic beverages or drugs by minors may occur.

(a)

Definitions. As used in this section, the following terms shall mean:

(1)

Alcoholic beverage means any alcoholic liquor or beer as defined now or hereafter under section 10-1.

(2)

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

(3)

Drug means a controlled substance as defined and described now or hereafter by the Revised Statutes of Missouri.

(4)

Minor means a person not legally permitted by reason of age to possess, consume, or purchase alcoholic liquor as prohibited under the Revised Statutes of Missouri.

(5)

Open house party means 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.

(6)

Residence or premises means 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.

(b)

Prohibited activities under this section. 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 such person knew or reasonably should have known that any alcoholic beverage or drug was in the possession of or being consumed by a minor at the residence or premises and where such person failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the residence or premises.

(c)

Exceptions. 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 such drug issued for such minor.

(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.

(Ord. No. 060165, § 1, 3-16-06)