SB 121 Modifies provisions relating to liquor control laws
Sponsor: Schaefer
LR Number: 0828S.08T Fiscal Note available
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 6/12/2013 - Signed by Governor Journal Page: S2462
Title: SS SCS SB 121 Calendar Position:
Effective Date: August 28, 2013
House Handler: Jones

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Current Bill Summary


SS/SCS/SB 121 - 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 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.

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.

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

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.

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 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.

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".

Provisions of this act are identical to CCS/SS/SCS/SB 114 (2013).

MEGHAN LUECKE