244.080 Retail sales to certain persons prohibited -- Affirmative defense in prosecution for selling to a minor

244.080 Retail sales to certain persons prohibited -- Affirmative defense in

prosecution for selling to a minor.

A retail licensee, or the licensee's agent, servant, or employee, shall not sell, give away,

or deliver any alcoholic beverages or cannabis-infused beverages, or procure or permit

any alcoholic beverages or cannabis-infused beverages to be sold, given away, possessed

by, or delivered to:

(1) A minor, except that in any prosecution for selling alcoholic beverages or cannabis-

infused beverages to a minor it shall be an affirmative defense that the sale was

induced by the use of false, fraudulent, or altered identification papers or other

documents and that the appearance and character of the purchaser were such that

the purchaser's age could not have been ascertained by any other means and that the

purchaser's appearance and character indicated strongly that the purchaser was of

legal age to purchase alcoholic beverages or cannabis-infused beverages. This

evidence may be introduced either in mitigation of the charge or as a defense to the

charge itself; or

(2) A person who appears to a reasonable person to be actually or apparently under the

influence of alcoholic beverages, cannabis-infused beverages, controlled

substances, other intoxicating substances, or any of these substances in

combination, to the degree that the person may endanger any person or property, or

unreasonably annoy persons in the vicinity.