SB 262 Changes provisions relating to alcohol
Sponsor: Griesheimer
LR Number: 1320L.04T Fiscal Note: 1320-04
Committee: Economic Development, Tourism & Local Government
Last Action: 7/6/2005 - Signed by Governor Journal Page:
Title: HCS SCS SB 262 Calendar Position:
Effective Date: August 28, 2005
House Handler: Johnson

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Current Bill Summary


HCS/SCS/SB 262 - Section 311.070, RSMo, allows wine manufacturers to apply for and be issued a license to sell intoxicating liquor by the drink if the premises is in close proximity to the winery. Currently, there are limitations as to when the premises may remain open. This act provides that such premises must be closed between 1:30 am and 6:00 am on weekdays, and between 1:30 am Sunday and 6:00 am Monday. However, such premises may remain open between the hours of 9:00 am and midnight on Sunday.

Section 311.070, RSMo, also allows a person to apply for and be issued a license to sell intoxicating liquor by the drink. This act requires that 75% or more of the drinks sold shall be Missouri-produced wines.

This act provides that any liquor license cannot be granted within one 100 feet of any school, church, or other place of worship, unless the applicant first obtains written consent from the board of alderman, city council, or other proper city authority.

This provision shall not apply to any premises holding a license issued before January 1, 2004.

Under this act, the prohibition against liquor licenses being issued within 100 feet of these places does not apply to licenses for the Fourth of July, or those issued to church, school, civic, fraternal, veteran, political, or charitable club that has obtained exemption from federal taxes.

This act also redefines the term "keg" to exclude any nonreturnable container with a capacity of less than 6 gallons in the keg registration statute. Any retailer must require a keg purchaser to present an ID and a minimum deposit of $50 per keg. The licensee must record information regarding the keg sale on the identification form provided by the Division of Alcohol and Tobacco Control.

Any person who possesses the qualifications of Chapter 311, RSMo, may apply for a license to sell liquor by the drink for consumption on the premises of any place of entertainment between certain specified hours. A "place of entertainment" is defined as an establishment in St. Charles County which has a gross annual sales in excess of $150,000 and has been in operation for at least one year.

The authority for the collection of fees by cities and counties relating to the sale of liquor by the drink for consumption on the premises where sold, shall apply to a "place of entertainment". And such a place will be required to pay an additional fee of $200 per year.

This act allows wholesalers to donate or deliver brandy, as well as beer and wine, to charitable and religious organizations. Under this act, a charge for admission to an event at which beer, wine, or brandy is available without charge shall not constitute resale, which prohibits such a donation.

This act extends the time, from 20 to 68 hours, that a temporary permit to sell intoxicating liquor is valid.

This act specifies that all references to "liquor control" in statute shall mean "the division of alcohol and tobacco control".

SUSAN HENDERSON