Missouri State Senate

Perfected

SCS/SB 188 - This act modifies various provisions relating to liquor control.

This act repeals certain liquor control provisions pertaining to wholesalers, including exceptions to the wholesaler price regulations and provisions requiring wholesalers to file a schedule with the Supervisor of Alcohol and Tobacco Control in order to operate. Instead, wholesalers are required to make product information, including price, available to retailers no later than five days prior to the first day of the month in which the pricing will be effective. The price provided shall become effective on the first date of the next month and remain in effect until the last day of that month. Supplemental pricing information may be provided to retailers for items that were unintentionally left off the regular information listing after approval by the Division of Alcohol and Tobacco Control.

This act changes the procedure allowing wholesalers to take delivery orders for upcoming months and also changes the requirements for "delayed shipments" under the division's rules and regulations.

This act allows wholesalers to offer retailers merchandise at prices which are below the wholesaler's cost only if such merchandise is specifically designated as "close-out merchandise" when providing the monthly pricing information. The act forbids wholesalers from buying more of such "close-out merchandise". Such "close-out merchandise" shall be designated as such for not less than six consecutive months. After such time, a wholesaler may remove items from its "close-out" designation by no longer identifying them as such on its monthly pricing information.

Currently, a liquor license may not be denied, suspended, or revoked based solely on the fact that an employee has a felony conviction unrelated to the manufacture or sale of alcohol if the employee does not directly participate in retail sales. Under this act, the employee would no longer be prohibited from directly participating in retail sales.

Currently, any winery, distiller, manufacturer, wholesaler or brewer may provide beverage samples off a licensed retail premises as long as no sales transactions take place. This act would allow such entities to provide tasting samples on a licensed retail premises if they have certain permits and no money is given to retailers for the tasting.

This act prohibits any person or business from having more than five liquor licenses, rather than three.

This act is similar to SS/SB 1240 (2008), HCS/HB 310 (2009), SB 396 (2009), and SB 451 (2009).

SUSAN HENDERSON MOORE

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