SB 188 Modifies various provisions relating to liquor control
Sponsor: Dempsey Co-Sponsor(s)
LR Number: 0544L.07C Fiscal Note: 0544-07
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 5/15/2009 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SCS SB 188 Calendar Position:
Effective Date: August 28, 2009
House Handler: Jones

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Current Bill Summary


HCS/SCS/SB 188 - 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 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), HCS/HB 310 (2009), SS/HB 132 (2009), HB 943 (2009), and HCS/SB 171 (2009).

SUSAN HENDERSON MOORE