81 Questions
What is the consequence for a licensee or employee who sells, gives away, or supplies intoxicating liquor to a person under 21 years old?
Misdemeanor charge
Which of the following is an exception to the law prohibiting the supply of intoxicating liquor to minors?
Medical purposes only
Who is exempt from being denied a license or renewal of a license due to a conviction for unlawful sale or supply to a minor?
An employee of a licensed establishment
What is the chapter and section number of the Missouri Liquor Law regarding selling to or procuring intoxication liquor for a minor?
RSMO Ch. 311.310
To whom can a person procure or supply intoxicating liquor without violating the law?
Only a parent or guardian
What is the status of a person who habitually consumes excessive amounts of intoxicating liquor?
Habitual drunkard
Who is guilty of a class B misdemeanor?
Any owner, occupant, or other person who knowingly allows a person under twenty-one to drink or possess intoxicating liquor
What is the penalty for a second or subsequent violation of allowing a minor to drink or possess intoxicating liquor?
Class A misdemeanor
What is the defense to prosecution under this section for a defendant who is a licensed retailer?
The defendant sold the intoxicating liquor to the minor with reasonable cause to believe the minor was twenty-one or more years of age
What is the penalty for a first violation of possessing intoxicating liquor by a minor?
Class D misdemeanor
What is the penalty for a second or subsequent violation of possessing intoxicating liquor by a minor?
Class A misdemeanor
What is presumed to be in a manufacturer-sealed container describing that there is intoxicating liquor therein?
Intoxicating liquor
Who is deemed to have given consent to a chemical test or tests of their breath, blood, saliva, or urine?
Any person under the age of twenty-one who purchases or attempts to purchase intoxicating liquor
What is the burden of proof for an alleged violator who alleges that there was not intoxicating liquor in a sealed container?
On the alleged violator to prove there was no intoxicating liquor
What is the purpose of a chemical test or tests of a person's breath, blood, saliva, or urine?
To determine the person's intoxication level
What is the definition of 'intoxicating liquor' in this chapter?
Any beverage containing any amount of alcohol
What is the limit on the number of chemical tests arising from the same arrest, incident, or charge?
Two tests
Who is responsible for approving methods and techniques for chemical analysis?
State department of health and senior services
What is the minimum value of goods, excluding fixtures and intoxicating liquors, that a person must have in their store to obtain a license?
$1,000
Who can administer an additional test at the choosing and expense of the person being tested?
Physician or qualified technician, chemist, registered nurse, or other qualified person
What information is not included in the 'full information' that shall be made available to the person being tested?
The manuals, schematics, or software of the instrument used to test the person
What is the fee for a license for the sale of malt liquor by grocers and other merchants and dealers?
$50 per year
What type of package is referred to as an 'original package'?
Any package containing one or more standard bottles, cans, or pouches of beer
What happens to a person's driving privileges if they are found guilty of possessing or using a controlled substance while operating a motor vehicle and are 21 years or older?
Their driving privileges are revoked
What is the minimum age requirement for a student to taste beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum?
18 years old and enrolled in an accredited college or university
What is the minimum age required for a person to operate a motorboat without supervision?
14 years old
What is the purpose of the student tasting a beverage as part of the required curriculum?
For instructional purposes during classes
On Sundays, what is the time period during which a licensed person may sell malt liquor at retail?
9:00 a.m. to midnight
What is the fee for a license for the sale of malt liquor at retail by drink for consumption on the premises?
$50 per year
How long is the period of suspension for a first offense under subsection 1 of this section?
90 days
Who must be in possession and control of the beverage during the instructional purposes?
The instructor
What is the consequence of failing or being unable to obtain an additional test by a person?
The admission of evidence relating to the test taken at the direction of a law enforcement officer is not precluded
What is the definition of an intoxicated condition while operating a vessel?
Being under the influence of alcohol, a controlled substance or drug, or any combination thereof
What is the fee for a license for the sale of all kinds of intoxicating liquor at retail by the drink for consumption on the premises?
$300 per year
What is the minimum age for a person to operate a motorboat without supervision, under certain circumstances?
16 years old
What is the fee for a license for the sale of all kinds of intoxicating liquor on railroad cars?
$100 per year
What is the role of the state department of health and senior services in issuing permits?
Issuing permits to individuals to conduct analyses
What is the purpose of the state department of health and senior services in establishing standards?
To ascertain the qualifications and competence of individuals to conduct analyses
What happens to a person's licenses and driving privileges when they are convicted of possessing or using a controlled substance while operating a motor vehicle?
They are revoked
What time period is prohibited for the sale, giving away, or consumption of intoxicating liquor on licensed premises?
1:30 a.m. to 6:00 a.m. on weekdays
Who prescribes the forms and manner of application for licenses?
The supervisor of alcohol and tobacco control
What is the blood alcohol content (BAC) limit for operating a vessel?
0.08% or more
What is the consequence for a person who operates a vessel with excessive blood alcohol content?
Their vessel operator privileges are revoked
What must be posted in every car where intoxicating liquor is sold or served on railroad cars?
A duplicate of such license
When must a juvenile court forward an order of suspension or revocation of driving privileges to the director of revenue?
Thirty days before the person's 16th birthday
What is the period of suspension for a second offense under subsection 2 of this section?
90 days
What is the additional term of sentence enhancement if the underlying felony is committed on the grounds of a school?
Two, three, or four years
When must a person who violates this section be paroled?
After serving fifteen calendar years
What is the primary purpose of laws in a community?
To bring order and safety to the community
What is a common complaint regarding the perception of quality of life and neighborhood safety and security?
Public nuisance complaints
What is defined as a public nuisance under the MCCH Chapter 20?
A structure used for criminal street gang activity
What can happen to a property deemed a public nuisance if the owner knew it was being used for criminal activity?
The property can be occupied or used for a period determined by the court
What can be confiscated by a law enforcement agency if it is believed to be used in criminal street gang activity?
A weapon
What is the specific intent required to promote, further, or assist in criminal conduct by gang members?
To benefit, direct, or associate with gang members
What happens to a weapon declared a nuisance by the court?
It is destroyed
Which of the following is NOT a type of regulated container for anhydrous ammonia?
A portable gas can
What notice must be given to the lawful owner of a weapon before it is declared a nuisance?
A registered mail notice 30 days prior to the court hearing
What is the maximum time period for a hearing to be set after a request from the lawful owner of a weapon?
60 days
What is the classification of the offense of operating an all-terrain vehicle in a careless manner?
Class C misdemeanor
What is the minimum number of people required to form a criminal street gang?
3
Which of the following is an exception to the law prohibiting the use of all-terrain vehicles on streets and highways?
For official governmental use
What is the burden of proof in a hearing regarding seized items?
By a preponderance of the evidence
What is the penalty for a person who violates RSMo 578.425 in the commission of a misdemeanor?
Imprisonment in the county jail for up to 1 year
Which of the following is a primary activity of a criminal street gang?
Assault with a deadly weapon
What is the purpose of the MCCH (Blue Book) during the academy?
To serve as a reference for recruits during investigations and report writing
What is the expected outcome of using the MCCH (Blue Book) during the academy?
Recruits will be able to demonstrate the ability to find the answers without becoming a burden to others
What is the purpose of regulating the possession of anhydrous ammonia?
To prevent the manufacturing of methamphetamine
What is the significance of the MCCH (Blue Book) in the academy?
It is a handy reference for recruits during the academy
What is the classification of the offense of participating in a criminal street gang in the commission of a felony?
Felony with an additional term of 1-3 years
Which of the following is NOT a type of criminal activity associated with a criminal street gang?
Speeding
What is the ultimate goal of using the MCCH (Blue Book) during the academy?
To become a 'problem-solver' in the field of law enforcement
What is considered a 'closed place' under the law?
A place where all doors are locked and no patrons are in the place or about the premises.
Between what hours on weekdays are licensees required to keep their premises closed?
1 a.m. and 6 a.m.
What is the penalty for violating any provision of this section?
A class A misdemeanor
What is the exception to the law prohibiting the sale or delivery of intoxicating liquor during certain hours?
A wholesaler selling to a retailer
Under what age is a person subject to a driving privilege suspension or revocation for certain offenses?
Under 21 years old
What is the requirement for a licensee who operate in one room only?
The licensee must keep securely locked during the specified hours all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed.
What is the purpose of the Abuse and Lose statute?
To suspend or revoke the driving privileges of certain offenders
What is the requirement for clubs, hotels, or bowling alleys that hold licenses to sell intoxicating liquor by the drink?
Only the room or rooms in which intoxicating liquor is dispensed must be closed during the specified hours.
What is the age range for a person who is subject to a driving privilege suspension or revocation for a violation of section 311.325?
More than 15 years old and under 21 years old
What is the exception for wholesaler licensed under section 311.180?
The wholesaler is allowed to sell intoxicating liquor to retailers during the prohibited hours.
Study Notes
Selling or Procuring Intoxicating Liquor to a Minor
- No licensee or employee can sell, give away, or supply intoxicating liquor to a person under 21 years old
- No person can procure intoxicating liquor for a person under 21 years old, except their parent or guardian
- Violating this law is a misdemeanor, except for a second or subsequent violation, which is a class A misdemeanor
- A defense to prosecution is available if the defendant is a licensed retailer, club, drinking establishment, or caterer, and has reasonable cause to believe the minor is 21 or older, and the minor exhibited a valid ID
Minor in Possession of Intoxicating Liquor
- A person under 21 years old who purchases, attempts to purchase, or has in their possession intoxicating liquor is guilty of a misdemeanor
- A first violation is punishable as a class D misdemeanor, while a second or subsequent violation is punishable as a class A misdemeanor
- A minor who is visibly intoxicated or has a detectable blood alcohol content above 0.02% is also guilty of a misdemeanor
Chemical Tests for Minors
- A minor who is arrested for minor in possession of intoxicating liquor is deemed to have given implied consent to a chemical test
- The test must be administered by a licensed medical professional or a person with a valid permit
- The minor has the right to have an additional test administered by a physician, technician, or other qualified person of their choice
Exceptions for Students
- Students 18 years or older enrolled in a culinary course may taste, but not consume, beer, ale, porter, wine, or other similar malt or fermented beverages as part of their curriculum
- The beverage must remain in the possession and control of an authorized instructor who is 21 years or older
Sale of Intoxicating Liquor in Less than the Original Package
- Licenses for the sale of intoxicating liquor in the original package are only issued for specific businesses, such as drug stores, cigar and tobacco stores, and grocery stores
- The licensee must have a stock of goods worth at least $1,000, exclusive of fixtures and intoxicating liquors
- Licenses for the sale of malt liquor, as defined in section 311.490, are available for grocers and other merchants and dealers
Closed Places
- No person with a license issued under this chapter can sell, give away, or permit the consumption of intoxicating liquor on their premises between 1:30 a.m. and 6:00 a.m. on weekdays and between 1:30 a.m. Sunday and 6:00 a.m. Monday
- The premises must be locked and no patrons can be present during these hours
Abuse and Lose Statute
- A court can suspend or revoke the driving privileges of a person under 21 years old who commits certain alcohol-related offenses
- The court can also suspend or revoke the driving privileges of a person over 21 years old who violates certain state, county, or municipal laws involving the possession or use of a controlled substance while operating a motor vehicle### Motorboat Operations
- No person under 14 years of age can operate a motorboat unless supervised by a parent, guardian, or someone 16 years or older, or unless the motorboat is moored.
Possession of Anhydrous Ammonia
- Possessing anhydrous ammonia in a non-approved container is a crime.
- Approved containers include tank trucks, tank trailers, rail tank cars, bulk storage tanks, field (nurse) tanks, and field applicators.
All-Terrain Vehicles
- All-terrain vehicles are regulated by RSMo and laws are found in Chapter 19 of the MCCH.
- Use of all-terrain vehicles is prohibited on streets and highways except for official governmental use, agricultural use, or by special permit.
- Operating an all-terrain vehicle in a careless way or while under the influence of drugs or alcohol is a Class C misdemeanor.
Criminal Street Gangs
- A criminal street gang is defined as an ongoing organization, association, or group of three or more people with primary activities including assault, robbery, arson, murder, or drug-related offenses.
- Participating in a criminal street gang is punishable by imprisonment and/or fines.
Punishments for Participating in a Criminal Street Gang
- Conviction of a misdemeanor in association with a criminal street gang can result in imprisonment for up to one year.
- Conviction of a felony in association with a criminal street gang can result in an additional term of one to three years imprisonment.
- If the underlying felony is committed near a school, the additional term can be two to four years.
Public Nuisances
- A public nuisance is defined as any room, building, or structure used by a criminal street gang in a pattern of criminal activity.
- The owner of the premises can be prosecuted and the premises may be ordered not to be occupied or used for a period of up to one year.
Weapons
- Weapons owned or possessed by a member of a criminal street gang for the purpose of committing criminal street gang activity can be confiscated.
- The law enforcement agency or peace officer must initiate a petition in circuit court to determine if the weapon should be returned or declared a nuisance.
- If the court finds the weapon to be a nuisance, it shall be destroyed.
This quiz covers the laws and regulations regarding chemical tests, implied consent, and procedures for chemical analysis of breath, blood, saliva, or urine.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
