Senate Committee Substitute

SECTION 311.015

This act 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 act 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 act, 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 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 tradr 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 act 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 act allows distillers, wholesalers, winemakers, and brewers to sell or give a permanent outside sign to retailers if certain requirements are met. This act 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 311.070

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 311.240

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 act 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 act, "sales transaction" means an actual and immediate exchange of monetary consideration for the immediate delivery of goods at the tasting site.

Certain provisions of this act are similar to HCS/HB 913 (2007) & SCS/SB 412 (2007).

SUSAN HENDERSON MOORE