Attention Law Enforcement and All Licensees

FROM: State Supervisor

DATE: August 18, 2006
 

In 2005 the Missouri State Legislature enacted legislation pertaining to the use of minors in alcohol investigations.  The law became effective on August 28, 2005 and requires that specific guidelines be followed when using minors in undercover alcohol compliance check investigations.  The statute can be found at Section 311.722, RSMo, and the corresponding regulation may be found at 11 CSR 70-2.280.

Effective September 1, 2006, the Division of Alcohol and Tobacco Control will begin citing licensees for violations that result from alcohol compliance checks.  This is in addition to the current policy of issuing a summons to any clerk that makes an alcohol sale to the compliance check minor.

Law enforcement departments may continue to conduct compliance checks in any manner deemed appropriate.  However, for the Supervisor of Alcohol and Tobacco Control to discipline the licensee based upon the results of the compliance check, then the compliance check must adhere to the statutory requirements set forth in Section 311.722, RSMo, and 11 CSR 70-2.280.  In addition, the Division will not file any administrative charges against the licensee based upon the investigation if the minor has a previous alcohol related offense or is “working” off a criminal offense.

Attached is a Division checklist for use in conducting alcohol compliance checks within your jurisdiction.  Should you have any questions or are in need of any assistance in implementing compliance checks, please feel free to contact Nancy McGee, Special Agent, in the St. Louis District Office at 314-340-6835, Wainwright State Office Bldg., 111 N. 7th Street, Room 170, St. Louis, MO 63101.

Once again, thank you for your continued assistance in enforcing Missouri’s Liquor Control Laws.

Peter W. Lobdell
State Supervisor