Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 70 - Division of Alcohol and Tobacco Control › Chapter 2 - Rules and Regulations › Section 11 CSR 70-2.280 - Standards for Using Minors in Intoxicating Liquor Investigations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment lays out the standards for
				  the use of minors in on-site as well as off-site
				  investigations.
PURPOSE: This rule establishes standards for the use
				  of minors in intoxicating liquor investigations by a state, local, municipal,
				  or other local law enforcement authority.
(1) On-site Investigations. The following are
				standards for the use of minors in intoxicating liquor investigations by a
				state, county, municipal, or other local law enforcement authority where
				intoxicating liquor is purchased by the minor on or about the licensed
				premises:
(A) The minor must be eighteen (18)
				or nineteen (19) years of age;
(B)
				The minor must have a youthful appearance . The minor must not have facial hair
				or a receding hair-line, or wear excessive makeup or excessive jewelry, or wear
				headgear that will obstruct a clear view of the face or hairline. If the minor
				is wearing headgear or facial coverings required by law, executive order, or
				any official mandate from the city, county, state, or federal government, or if
				the business requests the minor to wear certain headgear or facial coverings,
				the minor shall be permitted to wear such item(s), but must temporarily remove
				said item(s) upon request by the seller of the intoxicating liquor so as to
				provide a clear view of the face and hairline;
(C) The minor must carry his or her own valid
				government-issued identification showing the minor's correct date of birth and,
				upon request, produce such identification to the seller of the intoxicating
				liquor at the licensed establishment; and the state, county, municipal, or
				other local law enforcement agency conducting the investigation must search the
				minor prior to the investigation to ensure that the minor is not in possession
				of any other valid or fictitious identification;
(D) The minor must answer truthfully any
				questions about his or her age and must not remain silent when asked questions
				regarding his or her age, nor misrepresent anything in order to induce a sale
				of intoxicating liquor;
(E) The
				state, county, municipal, or other local law enforcement agency must make a
				copy of the minor's valid identification showing the minor's correct date of
				birth;
(F) The state, county,
				municipal, or other local law enforcement agency conducting such investigations
				must videotape or audiotape any attempt by the minor to purchase intoxicating
				liquor in a good faith effort to record all statements made by the minor and
				the seller;
(G) No state, county,
				municipal, or other local law enforcement agency may employ minors on an
				incentive or quota basis;
(H) If a
				violation occurs, the state, county, municipal, or other local law enforcement
				agency must make reasonable efforts to confront the seller in a timely manner,
				and within forty-eight (48) hours contact or take all reasonable steps to
				contact the owner, manager, or managing officer of the establishment;
(I) The state, county, municipal, or other
				local law enforcement agency must maintain records of each visit to an
				establishment where a minor is used by the agency during an intoxicating liquor
				investigation for a period of at least one (1) year following the investigation
				regardless of whether a violation occurs at each investigation, and such
				records must, at a minimum, include the following information:
1. An Information and Consent document,
				completed by the minor in advance of the investigation, on the division form or
				a similar form approved by the division;
2. An Alcohol and Compliance Buy Checklist,
				signed by the minor and the peace officer responsible for reviewing the
				checklist with said minor, on the division form or a similar form approved by
				the division;
3. A photograph of
				the minor taken immediately prior to the investigation;
4. A copy of the minor's valid identification, showing
				the minor's correct date of birth;
5. The audiotape or videotape specified in
				subsection (1)(F) above; and
6. A
				written Minor Report on the division form or a similar form approved by the
				division;
(J) The state,
				county, municipal, or other local law enforcement agency must provide
				pre-recorded currency to the minor, to be used in the investigation. If a
				violation occurs, said agency should attempt to recover the pre-recorded funds
				tendered to the seller, or an amount equal thereto, and return any change
				tendered to the minor, and should further secure and inventory any intoxicating
				liquor product(s) purchased; and
(K) The state, county, municipal, or other
				local law enforcement agency, in advance of the investigation, must train the
				minor who will be used in the investigation. Training, at a minimum, must
				include:
1. Instruction to enter the
				designated establishment and to proceed immediately to attempt to purchase or
				be supplied with an intoxicating liquor product;
2. Instruction to provide the minor's valid
				identification upon a request for identification by the seller;
3. Instruction to answer truthfully all
				questions about age;
4. Instruction
				not to lie to the seller to induce a sale of intoxicating liquor
				products;
5. Instruction on the use
				of pre-recorded currency; and
6.
				Instruction on the other matters set out in this regulation.