SS HB 132 -- SALE OF LIQUOR

This bill changes the laws regarding the sale of liquor.  In its
main provisions, the bill:

(1)  Regulates nonintoxicating beer in the same manner as
intoxicating liquor by repealing Chapter 312, RSMo, and removing
all references to Chapter 312 and nonintoxicating beer;

(2)  Repeals the provision restricting a liquor licensee's
employee with a felony conviction unrelated to the manufacture or
sale of alcohol from directly participating in retail sales;

(3)  Allows certain charitable, fraternal, religious, service, or
veterans' organizations that are exempt from federal taxes and
have or are qualified to have a license to sell intoxicating
liquor by the drink on their premises to open on Sundays at 9:00
a.m. instead of 11:00 a.m.;

(4)  Specifies that "wine manufacturers" will mean any person,
partnership, association of persons, or corporation which obtains
a license and manufactures over 200 gallons of wine per calendar
year;

(5)  Allows a restaurant bar without an onsite brewery that
serves 45 or more different types of draft beer to sell 32 fluid
ounces or more of beer to customers for consumption off the
premises;

(6)  Limits a person or business to having five liquor licenses
rather than the current limit of three;

(7)  Repeals the provisions allowing certain licensed liquor and
wine wholesalers to offer limited price discounts for certain
quantities of any brand and type of liquor and wine and for
closeout merchandise;

(8)  Repeals the provision requiring wholesalers to follow a
monthly price schedule filed with the Supervisor of the Division
of Alcohol and Tobacco Control within the Department of Public
Safety;

(9)  Requires wholesalers to make available to retailers certain
product information, including price, no later than five days
prior to the first day of the month in which the pricing will be
effective.  Supplemental pricing information can be provided to
retailers after approval by the division for new or
unintentionally omitted items from the monthly item information
listing, and the items can then be sold immediately;

(10)  Authorizes wholesalers to offer merchandise below their
cost only if it is designated as closeout merchandise in the
monthly pricing information for at least six consecutive months
and prohibits them from purchasing new liquor and wine while it
is designated as closeout merchandise;

(11)  Requires delivery orders to be invoiced at the price in
effect when the delivery is made, except for delayed shipments
which can be invoiced at the price in effect when the order is
placed.  Currently, delayed shipment orders are those received
during the last three business days of a month and delivered
during the first three business days of the following month.  The
bill changes those time periods from three to five business days;

(12)  Specifies that no person holding a license or permit will
be guilty of a misdemeanor for offering for sale wine or brandy
if the manufacturer has provided the division supervisor a copy
of the certificate label approval issued by the Alcohol and
Tobacco Tax and Trade Bureau and, if required, has properly
registered the label or name with the appropriate state agency;
and

(13)  Allows a Kansas City festival district's promotional
association to obtain a permit from the division to sell
intoxicating liquor for consumption at the businesses and common
areas within the festival district.  The city must conduct a
public hearing on the promotional association's proposed plan
regarding the festival and obtain written approval for the event
from 50% of the property owners, business owners, and residents
within the district and within 185 feet of the district's
borders.  No minors will be allowed to enter the festival
district during a festival event that serves liquor, and no one
will be allowed to take an alcoholic beverage outside the
festival district boundaries.  The district is limited to 25
events per year and two events per month.  No event can last
longer than 48 hours.  The association may be assessed a civil
fine of up to $5,000 for an alcohol violation and its permit may
be revoked if there are alcohol violations at three separate
events.

The provisions regarding the Kansas City festival district will
expire two years from the effective date.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am