SECOND REGULAR SESSION

HOUSE BILL NO. 1418

92ND GENERAL ASSEMBLY

 

 

INTRODUCED BY REPRESENTATIVES BROWN (Sponsor), QUINN, WILSON (119), ERVIN,

 DUSENBERG, BAKER, STEFANICK AND SUTHERLAND (Co-sponsors).

         Read 1st time February 5, 2004, and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

4348L.01I

 

AN ACT

To amend chapter 578, RSMo, by adding thereto one new section relating to open house parties, with a penalty provision.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Chapter 578, RSMo, is amended by adding thereto one new section, to be known as section 578.455, to read as follows:

            578.455. 1. As used in this section, the following terms mean:

            (1) "Controlled substance", any controlled substance or controlled substance analogue as defined in section 195.010, RSMo;

            (2) "Intoxicating liquor", any alcoholic beverage defined as intoxicating liquor in section 311.020, RSMo;

            (3) "Nonintoxicating beer", any beer defined as nonintoxicating beer in section 312.010, RSMo;

            (4) "Open house party", any social gathering of persons in addition to an owner or those with rights of possession or their immediate family members.

            2. No owner of or person in possession of real property shall allow any open house party to take place on the real property if the owner or possessor knows or reasonably should know that any minor possesses, consumes, or purchases any nonintoxicating beer, intoxicating liquor, or controlled substance while the minor is on the real property.

            3. Every owner of or person in possession of real property on which an open house party takes place who knows or reasonably should know of any minor purchasing, possessing, or consuming any nonintoxicating beer, intoxicating liquor, or controlled substance while the minor is on the real property shall take reasonable steps to prevent the purchase, possession, or consumption of the nonintoxicating beer, intoxicating liquor, or controlled substance on the real property.

            4. Any person convicted of violating this section shall be guilty of a class B misdemeanor.

            5. This section shall not be construed to apply to the lawful purchase, possession, or consumption of any nonintoxicating beer, intoxicating liquor, or controlled substance by any minor.