SB 919 Modifies provisions relating to intoxicating liquor
Sponsor: Schmitt
LR Number: 5244S.07T Fiscal Notes
Committee: Jobs, Economic Development and Local Government
Last Action: 7/1/2016 - Signed by Governor Journal Page: S2327
Title: SS SCS SB 919 Calendar Position:
Effective Date: Varies
House Handler: Cornejo

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SS/SCS/SB 919 - This act modifies provisions relating to intoxicating liquor.

MALT LIQUOR - 311.090 & 311.200

Current law allows for the issuance of a license to sell malt liquor that has an alcohol level of no more than five percent by weight in cities of less than 19,000 in which voters have not authorized the sale of intoxicating liquor. This act removes the five percent alcohol limit on the malt liquor and adds a reference to a statutory definition of malt liquor.

These provisions are identical to provisions of HCS/HB 1664 (2016) and HCS/HB 2054 (2016).

MICROBREWERIES - 311.195

Currently, microbreweries may receive a license to sell intoxicating liquor by the drink at retail for consumption on the premises. This act specifies that the license allows the microbrewery to sell all kinds of intoxicating liquor as defined by statute and the consumption may occur on the premises of the microbrewery or in close proximity to it. In addition, this act repeals a provision of current law specifying that certain statutes regarding the authority of cities and counties to collect liquor license fees and other liquor regulations apply to microbreweries.

These provisions are identical to provisions of HB 2159 (2016) and HCS/HB 2054 (2016).

COOLERS - 311.198 & Section B

Beginning January 1, 2017, this act allows a brewer to lease portable refrigeration units to retail licensees at a value equal to the cost of the unit to the brewer. A brewer may also enter into lease agreements with wholesalers, who may enter into sub-lease agreements with retail licensees at a value equal to the cost of the unit to the brewer. The brewer or wholesaler may also recover 2% of the total lease value at the execution of the lease. A wholesaler may not directly or indirectly fund the cost or maintenance of the portable refrigeration units.

Under this act, no portable refrigeration unit may exceed certain height, width, and depth dimensions as set forth in this act. The portable refrigeration unit may bear in a conspicuous manner substantial advertising matter about a product or products of the brewer, and no retail location may have more than one unit. Under this act, a retail licensee may sell any product from such units, but dispensing equipment may not be attached to the unit and liquor may not be dispensed from the unit. Further, if a brewer or wholesaler provides such portable refrigeration units, they shall provide the Division of Alcohol and Tobacco Control certain information within 30 days as set forth in this act.

This section shall expire on January 1, 2020, except any lease executed prior to January 1, 2020 shall remain in effect until the expiration of such lease.

This provision is similar to HB 1856 (2016), HCS/HB 2054 (2016), HB 2339 (2016), and HB 2599 (2016).

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 similar to HB 1856 (2016), HCS/HB 2054 (2016), HB 2599 (2016), SCS/HB 279 (2015), and SB 312 (2015).

CONTROLLED LIQUOR SELF-DISPENSING SYSTEMS - 311.205

Currently, licensed liquor retailers may use table tap dispensing systems that allow patrons to self-dispense up to 32 ounces of beer per patron at their tables. This act expands this statute to allow licensed liquor retailers to use self-dispensing systems that allow patrons to self-dispense up to 32 ounces of beer or 16 ounces of wine. The act removes references to table taps and instead refers to self-dispensing systems.

This provision is identical to the truly agreed to and finally passed CCS/HCS/SB 994 (2016), HCS/HB 2054 (2016), HB 2028 (2016), SCS/HB 2104 (2016), and SB 859 (2016).

LOCAL LIQUOR LICENSES - 311.220

Under this act, each liquor licensee must prominently display a copy of any city or county liquor license on the licensed premises. This act specifies that the Division of Alcohol and Tobacco Control may not disapprove an application for a liquor license for failing to possess a local liquor license. In addition, this act requires the licensee to file a copy of its local liquor license with the Division of Alcohol and Tobacco Control within ten days from the issuance of the local license.

This provision is identical to a provision of HCS/HB 2054 (2016).

PROOF OF AGE TO PURCHASE LIQUOR - 311.328

This act adds nondriver's licenses to the list of types of identification that may be used as proof of age to purchase liquor.

This provision is identical to HB 2532 (2016), HB 2534 (2016), HCS/HB 2054 (2016), and HB 2534 (2016).

SALES TAX STATEMENTS - 311.665

Under current law, applicants for a new or renewal liquor license must provide a statement from the Department of Revenue that the applicant has paid all sales and use taxes due. This act only requires applicants seeking to renew a license to provide the statement. In addition, this act requires a licensee to file with the Division of Alcohol and Tobacco Control a copy of the sales tax statement within 10 days from its issuance by the Department of Revenue.

This provision is identical to a provision of HCS/HB 2054 (2016).

FESTIVAL PERMIT FOR OUT-OF-STATE MANUFACTURERS - 311.915

Under this act, an out-of-state liquor manufacturer who is not licensed in Missouri may receive a special permit to participate in festivals, bazaars, and other events. The manufacturer does not need to follow label registration requirements for state-licensed manufacturers.

The permit only allows up to 200 gallons of liquor to be shipped in the state. The licensed manufacturer holding the retail license for the event must pay the excise taxes on the liquor.

The permit is valid for up to 72 hours and costs $25.

This provision is similar to a provision of HCS/HB 2054 (2016).

MEGHAN LUECKE