Effective 28 Aug 2009
311.722. Alcohol and tobacco control, minors not to be used in enforcement, exceptions — standards — minors immune from liability, when. — 1. The supervisor of alcohol and tobacco control shall not use minors to enforce the laws of this chapter unless the supervisor promulgates rules and regulations that establish standards for the use of minors. The standards shall include those in subsection 2 of this section.
2. The supervisor shall establish, by July 1, 2006, permissive standards for the use of minors in investigations by any state, county, municipal or other local law enforcement authority, and which shall, at a minimum, provide for the following:
(1) The minor shall be eighteen or nineteen years of age;
(2) The minor shall have a youthful appearance and the minor, if a male, shall not have facial hair or a receding hairline;
(3) The minor shall carry his or her own identification showing the minor's correct date of birth and shall, upon request, produce such identification to the seller of the intoxicating liquor at the licensed establishment;
(4) The minor shall answer truthfully any questions about his or her age and shall not remain silent when asked questions regarding his or her age, nor misrepresent anything in order to induce a sale of intoxicating liquor.
3. The supervisor of alcohol and tobacco control shall not participate with any state, county, municipal, or other local law enforcement agency, nor discipline any licensed establishment when any state, county, municipal, or other law enforcement agency chooses not to follow the supervisor's permissive standards.
4. Any minors used in investigations under this section shall be exempt from any violations under this chapter during the time they are under direct control of the state, county, municipal, or other law enforcement authorities.
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(L. 2005 S.B. 402, A.L. 2009 H.B. 132)
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