HCS SCS SB 188 -- LIQUOR CONTROL

SPONSOR:  Dempsey (Jones, 89)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 11 to 0.

This substitute changes the laws regarding liquor control.  In
its main provisions, the substitute:

(1)  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
close-out merchandise;

(2)  Repeals the requirement that wholesalers follow a monthly
price schedule filed with the Supervisor of the Division of
Alcohol and Tobacco Control within the Department of Public
Safety;

(3)  Requires wholesalers to make available to retailers certain
product information, including pricing, 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 for
new or unintentionally omitted items, which can then be sold
immediately;

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

(5)  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
substitute changes those time periods from three to five days;

(6)  Regulates nonintoxicating beer in the same manner as
intoxicating liquor by removing all references to nonintoxicating
beer as currently defined under Section 312.010, RSMo;

(7)  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;

(8)  Allows a liquor business to employ a person who has been
convicted of a felony unrelated to the manufacture or sale of
intoxicating liquor.  Currently, a business may not be granted or
retain a liquor license if the business employs a person
convicted of a felony who directly engages in the retail sale of
liquor; and

(9)  Limits a business to having five liquor licenses rather than
three.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill clarifies provisions
regarding liquor control and makes them consistent with federal
antitrust laws.

Testifying for the bill were Senator Dempsey; Missouri Restaurant
Association; Missouri Hotel and Lodging Association; Missouri
Retailers Association; Missouri Vintners' Association; and Heath
Clarkson.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am