ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
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Amend section 1, pages 1 and 2, by deleting lines 2 through 12 on page 1 and lines 1 through 29 on page 2, and inserting:
“202.020 1. Any [person under 21 years of age] minor who purchases any alcoholic beverage or [any such person] who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor.
2. Any [person under 21 years of age] minor who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.
3. Any minor who is impaired to any degree by the use of an alcoholic beverage is guilty of a misdemeanor.
4. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.
[4.] 5. For the purposes of this section[, possession] :
(a) “Impairment” means any observable signs or symptoms commonly associated with the use of alcoholic beverages.
(b) “Impairment” does not include:
(1) Impairment for an established religious purpose;
(2) Impairment in the presence of the minor’s parent, spouse or legal guardian who is 21 years of age or older; or
(3) Impairment in accordance with a prescription issued by a person statutorily authorized to issue prescriptions.
(c) Possession “in public” includes possession:
[(a)] (1) On any street or highway;
[(b)] (2) In any place open to the public; and
[(c)] (3) In any private business establishment which is in effect open to the public.
[5. The term]
(d) Possession “in public” does not include:
[(a)] (1) Possession for an established religious purpose;
[(b)] (2) Possession in the presence of the [person’s] minor’s parent, spouse or legal guardian who is 21 years of age or older;
[(c)] (3) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;
[(d)] (4) Possession in private clubs or private establishments; or
[(e)] (5) The selling, handling, serving or transporting of alcoholic beverages by a [person] minor in the course of his lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.
(e) “Minor” means a person who is older than 7 years of age and under 21 years of age.”.