HB 279 Modifies provisions relating to liquor licenses and advertising of liquor sales and creates the Division of Alcohol and Tobacco Control Fund

Current Bill Summary

- Prepared by Senate Research -


SCS/HB 279 - This act contains provisions relating to intoxicating liquor.

LIQUOR ADVERTISING - 311.067

This act allows a retailer to advertise a sale or price discount on intoxicating liquor sold or provided at retail in the original package or by the drink for consumption on or off the premises so long as the retailer assumes the cost of the sale and the advertised retail price is not below the retailer's cost.

In addition, this act specifies that the Supervisor of Alcohol and Tobacco Control may consider the implications of the 1st and 21st amendments to the United States Constitution and any other constitutional requirements if deciding whether to promulgate new regulations not specifically required by general law and if considering the repeal or modification of existing regulations as allowed by general law.

This provision is similar to provisions of HCS/HB 121 (2015) and HCS/HB 165 (2015).

LIQUOR ON BOATS - 311.091

Under current law, a person may receive a license to sell liquor by the drink on any boat licensed by the United States Coast Guard to carry 100 or more passengers.

This act provides that such a license may be issued for boats licensed to carry 30 or more passengers.

This repeals a provision of current law that 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 substantially similar to HB 149 (2015) and a provision of HB 1615 (2014) and HCS/SB 786 (2014).

GROWLERS - 311.201

This act allows any person who is licensed to sell intoxicating liquor in the original package at retail to sell 32 to 128 ounces of draft beer for consumption off the premises.

This act specifies that no law or rule of the Supervisor of Alcohol and Tobacco Control shall be interpreted to allow a liquor wholesaler, distributor, or manufacturer to provide dispensing or cooling equipment or growlers to anyone who has a retail license to sell liquor in the original package.

This act provides the manner in which growlers may be filled and refilled and requirements for certain information to be provided on the growler.

This provision is identical to SB 312 (2015) and HB 782 (2015) and is similar to HCS/SB 148 (2015).

DIVISION OF ALCOHOL AND TOBACCO FUND - 311.730 & 311.735

This act creates the Division of Alcohol and Tobacco Control Fund. Under this act, 70 percent of the fees collected for liquor licenses and permits are directed to the fund. Money in the fund may only be used by the Division of Alcohol and Tobacco Control for the administration of the liquor control laws and laws prohibiting the sale of tobacco to minors, and any duties relating to licensing, training, technical assistance, and regulations.

This provision is identical to the truly agreed to and finally passed SS/SB 373 (2015) and HCS/SB 148 (2015), and is similar to HB 842 (2015).

BREW-ON-PREMISES LICENSE - 311.910

This act creates a brew-on-premises license for a person who provides brewing supplies and facilities to members of the public for the private manufacture of beer, malt beverages, cider, mead, or wine on licensed premises.

This act also prohibits a person from permitting the use of his or her property for payment for the production of beer, malt beverages, cider, mead, or wine for personal consumption without a brew-on-premises license.

The license does not authorize the sale or consumption of alcoholic beverages on the premises.

The initial license fee is $50 and the annual renewal fee is $25.

This act contains a list of conditions that licensees must comply with. Individuals using the licensee's premises for personal brewing must be at least 21 years old and may produce a certain specified amount of beer, malt beverages, cider, mead, or wine on the premises. In addition, the individuals may not transport more than 20 gallons of such beverages on a given day and may not sell the beverages. The beverages may only be removed from the premises for the personal use of the customer.

This act gives the Division of Alcohol and Tobacco Control rulemaking authority.

This act requires the issuance of a special permit to an out-of-state manufacturer who is not licensed in Missouri for participation in festivals, bazaars, or similar events. Certain registration requirements under current law are waived for the event. The amount of intoxicating liquor shipped in the state must not exceed 200 gallons. This act specifies how excise taxes must be paid. The special permit is only valid for up to 72 hours and a $25 fee is required.

This provision is identical to HCS/HB 121 (2015).

MEGHAN LUECKE


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