HCS HB 340, 303 & 316 - LIQUOR CONTROL

SPONSOR:  Hoppe (Graham)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government and Related Matters by a vote of 17 to 0.

This substitute makes several changes to liquor control laws.
The substitute:

(1)  Deletes the occupancy requirement for places of
entertainment licensed to sell liquor by the drink on Sundays in
St. Louis City, Kansas City, St. Louis County, and Jackson
County (Section 311.102, RSMo);

(2)  Permits qualified licensed resorts in Camden, Miller, and
Morgan counties to remain open each day of the week until 3:00
a.m. of the following day.  The time of opening on Sunday may be
11:00 a.m.  The resort's previous year annual gross sales must
be $100,000 or more.  A resort is defined as any establishment
having at least 20 rooms for transient guests, at least 3,000
square feet of meeting space, and a restaurant on the premises
(Section 311.178);

(3)  Allows a licensee to occupy a licensed premise and perform
duties associated with the operation of the business during
hours when the premise may not be legally open (Section 311.290);

(4)  Requires an on-duty liquor control peace officer, unless
working undercover, to immediately present identification to a
liquor licensee or employee in charge upon entering a retail
liquor establishment.  The Division of Liquor Control is
prohibited from establishing any rule prohibiting an on-duty
licensee or employee of a licensee from drinking in the
licensee's establishment as long as the person is not obviously
impaired or from establishing any rule allowing a liquor control
agent to drink in any establishment while on duty and not
working undercover (Section 311.635); and

(5)  Requires the division to provide copies of any written or
otherwise recorded evidence related to violation by a license at
least 15 days prior to any administrative proceedings (Section
311.805).

The substitute also creates new penalties for violations of
liquor control laws (Section 311.680).  The substitute allows
the Supervisor of Liquor Control to assess in lieu of suspension
or revocation of a liquor license:

(1)  A civil penalty of not less than $100 or more than $5,000
against any solicitor licensed to sell liquor when in violation
of any liquor laws;

(2)  A civil penalty of not less than $50 or more than $1,000
against any retailer with less than 5,000 occupant capacity when
in violation of any liquor laws; and

(3)  A civil penalty of not less than $50 or more than $5,000
against any retailer with 5,000 or more occupant capacity when
in violation of any liquor laws.

FISCAL NOTE:  Estimated Net Income to the General Revenue Fund
of $45,000 in FY 2002, $53,600 in FY 2003, and $53,600 in FY
2004.

PROPONENTS:  Supporters say that fines will give the Division of
Liquor Control an option other than shutting down a liquor
retailer in violation of liquor laws.  It would be difficult to
shut down a stadium.  Small businesses cannot afford to be shut
down.

Testifying for the bill were Representative Hoppe; Missouri
Retailers Association; and Missouri Association of Beverage
Retailers.

OPPONENTS:  There was no opposition voiced to the committee.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am