SB 299 Modifies various provisions relating to liquor control
Sponsor: Purgason
LR Number: 1526S.06T Fiscal Note: 1526-05
Committee: Economic Development, Tourism & Local Government
Last Action: 7/13/2007 - Signed by Governor Journal Page:
Title: CCS HCS SCS SB 299 & SS SCS SB 616 Calendar Position:
Effective Date: August 28, 2007
House Handler: Cooper

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CCS/HCS/SCS/SB 299 and SS/SCS/SB 616 - This act modifies provisions relating to liquor control.

SECTION 311.015

This section states that Chapter 311, RSMo, establishes vital state regulation of the sale and distribution of alcohol beverages in order to promote responsible consumption, combat illegal underage drinking, and achieve other important state policies.

SECTION 311.070

This section defines "permanent point-of-sale advertising materials" to include only inside signs, mirrors, and sweepstakes/contest prizes displayed while "temporary point-of-sale advertising materials" include items designed to be used for short periods of time. Additionally, the value of consumer advertising specialties shall not be considered when determining whether distillers, wholesalers, winemakers, and brewers may give or sell any permanent or temporary point-of-sale advertising materials or consumer advertising specialties to a retail business. The total value of all permanent point-of-sale advertising materials provided to a retail business shall not exceed $500 per calendar year, per brand, per outlet. All permanent point-of-sale advertising materials provided to a retailer shall be recorded and the records shall be kept for three years. The provider of permanent point-of-sale advertising materials shall own and control the use of such materials provided.

Currently, a malt beverage wholesaler or brewer may give a gift of not more than $1000 per year or sell something of such value to a temporary permit holder. Under this section, a distiller, wholesaler, winemaker, or brewer may only give a gift of not more than $1000 per year to a temporary permit holder.

Distillers, wholesalers, winemakers, brewers, and retailers may conduct sweepstakes/contests upon a licensed retail premises. The prize dollar amount shall not be limited and can be displayed in a photo, banner, or other temporary point-of-sale advertising material on such premises if: 1) no money or something of value is given to the retailer for the opportunity to conduct the contest; and 2) the prize is not displayed on the premises if its value exceeds the permanent point-of-sale advertising materials dollar limit.

Distillers, wholesalers, winemakers, and brewers participating in the activities of a retail business association may display, serve, or donate its products at or to a convention, pay reasonable dues, pay sponsorship fees, make payments or donations for training on preventative sales to minors and intoxicated persons, checking identifications, age verification devices, and liquor control laws, make contributions of up to $1,000 per year for transportation services to assist persons from retail establishments to overnight accommodations, donate or serve up to $500 per event of alcoholic products at association activities, and make reasonable payments for advertising issued by such associations regardless of whether issued at a convention or trade show. Any retail business association that receives payments or donations shall, upon written request, provide the Division of Alcohol and Tobacco Control with copies of relevant records to ensure compliance with these requirements.

This section removes certain requirements that must be met for distillers, wholesalers, winemakers, and brewers to sell their merchandise that is not intoxicating beverages to a retail business. This section allows distillers, wholesalers, winemakers, and brewers to sell or give a permanent outside sign to retailers if certain requirements are met. This section specifies what qualifies as a permanent outside sign at a business and provides that temporary banners will not be construed to be permanent outdoor signs. Such temporary banners may be provided to retailers, but the total cost shall not exceed $500 per brand.

With limited exception, distillers, wholesalers, winemakers, and brewers that are also producers or vendors of nonalcoholic beverages shall not condition the sale of their alcoholic beverages on the sale of nonalcoholic beverages nor combine the sale of its alcoholic beverages with the sale of its nonalcoholic beverages. They may sell, credit, market, and promote nonalcoholic beverages in the same manner in which the nonalcoholic products are sold, credited, marketed, or promoted by a manufacturer or wholesaler not licensed by the Supervisor of Alcohol and Tobacco Control. Equipment or furnishings provided to sell nonalcoholic products shall not be used by the retailer to sell alcoholic products. Such items must be identified by the retailer as being furnished by a licensed distiller, wholesaler, winemaker, or brewer.

Distillers, wholesalers, winemakers, and brewers shall not require any retailer to purchase any intoxicating liquor to the exclusion in whole or in part of intoxicating liquor sold by other distillers, wholesalers, winemakers, or brewers. Also, distillers, wholesalers, winemakers, or brewers shall be allowed to make contributions to a licensed retail liquor dealer that is a fraternal, civic, service, or veterans' organization, in addition to charitable and religious organizations. They may make payments for advertisements of tax-exempt organizations if the total payment made for all such advertisements is the same as that paid by other vendors.

SECTION 311.071

Distillers, wholesalers, winemakers, and brewers may make contributions for special events where alcohol is sold at retail to a not-for-profit organization that does not hold a liquor license if certain qualifications are met. The contributions shall be used to pay special event infrastructure expenses unrelated to any retail alcohol sales. Records of such contributions must be made available to the Division of Alcohol and Tobacco Control.

SECTION 311.174

This section allows certain tax-exempt entities in the Kansas City area located in a building designated as a National Historic Landmark may apply for a license to remain open until 6:00 a.m. of the following day.

SECTION 311.178

This section repeals the expiration date of January 1, 2007, for certain provisions allowing for the issuance of special permits by the Supervisor of Alcohol and Tobacco Control for extended operating hours to resorts serving liquor to overnight guests.

SECTIONS 311.180 & 311.275

These sections create a $500 annual charge to sell vintage wine to wholesalers. Any vintage wine solicitor may register as the primary American source of supply for vintage wine with the division if another solicitor is not already registered as the primary American source of supply for the vintage wine and the vintage wine has been approved for sale by the federal Alcohol and Tobacco Tax and Trade Bureau.

SECTION 311.185, 311.420, & 311.462

Licensed wine manufacturers may apply for a "wine direct shipper license" from the Supervisor of Alcohol and Tobacco Control (Supervisor). Such license allows a wine manufacturer to ship up to two cases of wine per month directly to a Missouri resident who is at least twenty-one years of age for personal use. The license may be renewed annually.

These sections outline the requirements that must be met by wine direct shipper licensees, including limiting the amount of wine to the permitted amount, using licensed carriers, shipping properly registered wine, having a warning that package contains alcohol, submitting to the Division's jurisdiction, and meeting other requirements based on whether the winery is located within or outside of Missouri.

Carriers may apply for a "alcohol carrier license" from the Supervisor. Such license allows a carrier to transport alcohol directly to Missouri residents who are at least twenty-one years of age. These sections outline the requirements that must be met by alcohol carrier licensees, including delivering only to adults who are not intoxicated, requiring proof of age and identity, obtaining an adult signature, and keeping proper records.

The holder of a retailer alcoholic beverage license may ship up to two cases of wine per year to any adult resident of this state.

SECTION 311.190

This section authorizes certain licensed wine manufacturers who allow consumption of wine on their premises to open on Sundays at 9:00 a.m. instead of 11:00 a.m.

SECTION 311.240

If a renewal application for a license is not timely submitted, an additional late charge shall be added. The amount of the fee shall increase the longer it is late but shall not be more than $300.

SECTION 311.297

This section allows wineries, distillers, manufacturers, wholesalers, or brewers to provide or pour distilled spirits, wine, or malt beverage samples for customer tasting purposes on any temporary licensed retail premises. Samples may be provided conducted off a retail licensed premises if no sales transactions take place. For the purpose of this section, "sales transaction" means an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.

SECTION 311.685

Any retail licensee selling liquor or nonintoxicating beer aggrieved by an action of the supervisor of the division affecting the licensee may bring a civil action against any person who is the proximate cause of such official action, if the violation occurred on or about the premises of the retail licensee. If a judgment is entered in favor of the licensee, the court shall award up to $500 and reasonable court and attorney fees. No civil action shall be brought against the supervisor or the division.

This act is similar to HCS/HB 913 (2007), HB 1058 (2007), SS/SCS/HB 69 (2007), HB 530 (2007), HCS/HB 944 (2007), SB 644 (2007), HB 43 (2007), SB 412 (2007), HB 44 (2007), & HB 81 (2007).

SUSAN HENDERSON MOORE