Missouri Revised Statutes













Chapter 311

Liquor Control Law

←311.840

Section 311.850.1

311.860→

August 28, 2015

Action to replevin seized liquor, limitations, procedure--damages--appeals--sale of seized liquor--duties of prosecuting officials.

311.850. 1. Whenever any intoxicating liquor or other property of the

value of fifty dollars or less is seized as contraband under any provision of

the liquor control law by any officer, he shall give to the person from whom

it is seized a receipt for said property. Any person claiming title to said

property as owner or otherwise may at any time within sixty days of such

seizure file a suit in replevin against the officer seizing said property.

Said suit shall be heard by the court without a jury and conducted as any

other suit in replevin is conducted except as otherwise provided in this

chapter, but if the court shall adjudge the return of the property to the

defendant or to some third party, the officer making the seizure shall not be

liable for any costs or damages, unless the court shall find that said

seizure was made maliciously and that said officer did not have probable

cause to believe said property was contraband. If the court shall find that

said seized property is contraband, he shall order it turned over to the

supervisor of liquor control to be sold by him and the proceeds to be paid

into the general revenue fund of the state.



2. Appeals shall be allowed from the judgment of the court as in other

civil actions.



3. If no suit is filed within sixty days after the seizure of such

property, the officer seizing said property shall turn it over to the

supervisor of liquor control to be sold by him and the proceeds of the sale

shall be paid into the general revenue fund of the state of Missouri.

Whenever any liquor is sold by any officer which does not bear proper stamps

of the director of revenue upon the containers, he shall, before selling it,

obtain the proper excise stamps from the director of revenue and affix them

to the containers of such liquor, and the cost thereof shall be returned to

the officer out of the proceeds of the sale.



4. The supervisor of liquor control and his agents and any other officer

authorized to make seizures of contraband property under the liquor control

act are each hereby authorized and empowered to call upon the prosecuting

attorneys of the respective counties and the circuit attorney of the city of

St. Louis and the attorney general of the state of Missouri to represent them

in any proceeding hereunder, and thereafter it shall be the duty of such

prosecuting or circuit attorney or the attorney general to proceed on behalf

of the officer making such call according to the provisions of this chapter.



(L. 1949 p. 320 § 4917a)







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