SB 114 Modifies provisions relating to intoxicating liquor
Sponsor: Schmitt
LR Number: 0175S.05P Fiscal Note available
Committee: General Laws
Last Action: 5/17/2013 - In Conference--SS for SCS for SB 114-Schmitt, with HA 1, as amended Journal Page:
Title: SS SCS SB 114 Calendar Position:
Effective Date: Varies
House Handler: Jones

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Current Bill Summary


CCS/SS/SCS/SB 114 - This act modifies provisions relating to intoxicating liquor.

HOME BREWERS - Section 311.055

This act provides that beer brewed for personal or family use may be removed from the premises where brewed for use at organized affairs, exhibitions, or competitions, such as home brewer contests, tastings, or judging. The use may occur off licensed retail premises, on any premises under a temporary retail license, or on any tax-exempt organization’s licensed premises. In addition, this act provides that intoxicating liquor manufactured for personal or family use may not be offered for sale. This act contains an emergency clause for the provision relating to beer brewed for personal or family use.

This provision is identical to a provision truly agreed to and finally passed in SS/SCS/SB 121 (2013).

FESTIVAL CONTRIBUTIONS - Section 311.071

This act provides that distillers, wholesalers, winemakers, retailers, and brewers may make financial contributions for festivals where alcohol is sold to a not-for-profit organization that is registered with the Secretary of State. No part of the contributions may benefit a private shareholder or liquor licensee member of the organization. The contributions must be used to pay for event expenses that are unrelated to retail alcohol sales.

This provision is identical to a provision truly agreed to and finally passed in SS/SCS/SB 121 (2013).

LIQUOR LICENSE FOR BOATS ON TABLE ROCK LAKE - Section 311.091

Under current law, the Division of Alcohol and Tobacco Control may issue a license to serve liquor by the drink at retail for consumption on a boat that can carry 100 or more passengers. This act allows a person to get a license to serve liquor by the drink at retail for consumption on a boat that can carry 45 to 99 passengers and is on Table Rock Lake.

This provision is identical to a provision truly agreed to and finally passed in SS/SCS/SB 121 (2013).

MALT LIQUOR SAMPLES - Section 311.197

Under this act, a wholesaler may give, and a retailer may accept, a sample of malt liquor that is no more than 72 ounces if the retailer has not previously purchased the brand of malt liquor from that wholesaler, the wholesaler keeps a record of the transaction, and no samples are consumed or opened on the premises of the retailer except as provided by the retail license. If a particular product is not available in a size of 72 ounces or less, a wholesaler may give the next larger size to the retailer.

This provision is identical to a provision truly agreed to and finally passed in SS/SCS/SB 121 (2013).

SALE OF LIQUOR ON TRAINS - Section 311.200

Under current law, liquor may not be sold in a train while it is stopped. This act repeals that prohibition.

This provision is identical to a provision truly agreed to and finally passed in SS/SCS/SB 121 (2013).

BOWLING ALLEY CLOSING HOURS - Section 311.290

Current law also requires most businesses licensed to sell alcohol to be closed from 1:30 a.m. to 6 a.m. This act adds bowling alleys to the list of businesses that are not required to be closed during those hours, but which may not sell liquor during those hours. Any rooms in which alcohol is dispensed in a bowling alley would have to be locked from 1:30 a.m. to 6 a.m. If business is conducted in one room, the bowling alley may keep the refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed closed rather than the entire room in which intoxicating liquor is dispensed.

Under current law, restaurants whose business is conducted in one room only may keep the refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed closed instead of the room if substantial quantities of food and merchandise other than liquor are dispensed at the restaurant. This act removes the requirement that substantial quantities of food and merchandise be dispensed at the restaurant.

This provision is identical to a provision truly agreed to and finally passed in SS/SCS/SB 121 (2013).

TEMPORARY LIQUOR LICENSE FOR FESTIVALS - Section 311.483

This act creates a temporary liquor permit for festivals. Any persons holding a license to sell intoxicating liquor by the drink at retail may apply for the permit. An application for a festival permit must be made at least five business days prior to the festival. The temporary permit shall be effective for no more than 168 consecutive hours. The permit costs $10 for each day it covers.

Wholesalers may, but are not be required to, give a retailer credit for liquor that is delivered but not used if the wholesaler removes the product within 72 hours of the expiration of the permit. This act provides that no law or regulation shall be interpreted as preventing a wholesaler, retailer, or distributor from providing storage, cooling, or dispensing equipment for use at festivals.

This provision is identical to a provision truly agreed to and finally passed in SS/SCS/SB 121 (2013).

DEFINITION OF FESTIVAL - Section 316.150

Under current law, a festival is defined as a musical activity which will continue uninterrupted for a period of twelve hours or more. This act removes the term "uninterrupted".

This provision is identical to a provision truly agreed to and finally passed in SS/SCS/SB 121 (2013).

FRANCHISE LAW - Sections 407.400 & 407.413

This act modifies the definition of "franchise" to specify that a franchise includes an agreement between a supplier and distributor of liquor with or without the grant of a license to use a trade name, trademark, service mark, or related characteristic, and whether or not there is a community of interest in the marketing of goods or services. The modified definition shall apply until August 28, 2016. After August 28, 2016, the definition of "franchise" will exist as provided under current law.

This act exempts certain suppliers of intoxicating liquor who sell less than 10,000 cases of distilled spirits or wine in the state within a year from a provision requiring good cause for the termination of a franchise.

This act also provides that certain small brewers may terminate a franchise with a liquor wholesaler without good cause after three years from the date of appointment provided the small brewer first pays compensation to the wholesaler for fair market value.

The two provisions dealing with certain suppliers and small brewers of liquor expire on August 28, 2016.

The provisions of this act shall not be construed as violating the prohibitions in Missouri Constitution on enacting laws that impair contracts or that are retrospective in operation.

This provision is similar to SB 365 (2013).

MEGHAN LUECKE