SB 171 Modifies provisions relating to liquor control
Sponsor: Griesheimer
LR Number: 0545L.02C Fiscal Note: 0545-02
Committee: General Laws
Last Action: 5/15/2009 - In Conference--SB 171-Griesheimer, with HCS, as amended Journal Page:
Title: HCS SB 171 Calendar Position: 4
Effective Date: August 28, 2009
House Handler: Schlottach

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Current Bill Summary


HCS/SB 171 - This act modifies various provisions relating to liquor control.

This act repeals the current provisions regulating nonintoxicating beer and requires such beer to be regulated in the same manner as other intoxicating liquors.

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.

This act defines a "wine manufacturer" as a person, partnership, association, or corporation, who has properly procured a license, and who manufactures in excess of two hundred gallons of wine per calendar year.

Currently, it is a violation for a person with a license to sell liquor to sell liquor, or offer to sell liquor, brewed, manufactured or distilled by one manufacturer in substitution for, or with the representation that any such liquor is the product of another brewer, manufacturer, or distiller. Under this act, it shall not be a violation if such licensee sells, or offers to sell, wine or brandy, as long as the manufacturer of the wine or brandy has provided the Supervisor of Alcohol and Tobacco Control with a copy of the certificate of label approval issued by the Alcohol and Tobacco Tax and Trade Bureau, and if necessary, has properly registered such label or name with the appropriate state agency.

This act allows certain charitable, fraternal, religious, service, or veterans' organizations that are exempt from federal taxes and have a license to sell intoxicating liquor by the drink on their premises to open on Sundays at 9:00 a.m. instead of 11:00 a.m.

This act 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.

Under this act, no person or business shall have more than five liquor licenses, rather than three.

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.

This act is similar to SB 426 (2009), SB 396 (2009), HB 159 (2009), HB 132 (2009), HB 943 (2009), and SCS/SB 188 (2009).

SUSAN HENDERSON MOORE

HA 1 - MAKES THE PROVISION ALLOWING PERSONS OR BUSINESSES TO HAVE UP TO FIVE LIQUOR LICENSES CONSISTENT

HA 4 - REMOVES THE PROVISIONS PROHIBITING A PERSON WITH A CONCEALED CARRY ENDORSEMENT FROM CARRYING A CONCEALED FIREARM INTO ANY INSTITUTION OF HIGHER EDUCATION

HA 1 TO HA 4 - REQUIRES A PERSON WITH A CONCEALED CARRY ENDORSEMENT AND RESIDING ON THE PROPERTY OF A HIGHER EDUCATION INSTITUTION TO OBTAIN A SECURE LOCKER IN WHICH TO STORE HIS OR HER FIREARM WHEN NOT IN USE

HA 5 - CORRECTING AMENDMENT

HA 6 - THE SHERIFF OR CHIEF OF POLICE OF THE CITY OF RESIDENCE OF A PERSON PURCHASING A FIREARM SHALL EXECUTE WITHIN TEN BUSINESS DAYS OF ANY REQUEST ALL DOCUMENTS REQUIRED TO BE SUBMITTED BY THE PURCHASER IF THE PURCHASER IS PROHIBITED FROM POSSESSING FIREARMS

HA 1 TO HA 6 - A PERSON COMMITS THE CRIME OF UNLAWFUL USE OF A WEAPON, IF HE OR SHE POSSESSES ILLEGAL DRUGS THAT ARE SUFFICIENT FOR A FELONY CONVICTION UNDER THE LAWS OF THIS STATE WHILE ALSO IN POSSESSION OF A WEAPON. KNOWLEDGE OF THE QUANTITY OF ILLEGAL DRUGS POSSESSED SHALL NOT BE NECESSARY FOR A CONVICTION.