SB 283
Modifies provisions relating to liquor sales
Sponsor:
LR Number:
1140H.06C
Committee:
Last Action:
5/14/2021 - H Informal Calendar Senate Bills for Third Reading w/HCS
Journal Page:
Title:
HCS SS SB 283
Calendar Position:
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

HCS/SS/SB 283 - This act modifies provisions relating to regulated industries.

REGULATION OF COUNTY PROPERTY (Section 49.266)

Currently, the county commissions in first, second, and fourth class counties are authorized to promulgate regulations concerning the use of county property. This act authorizes the county commission in all noncharter counties to promulgate such regulations.

These provisions are identical to provisions in HCS/SS/SCS/SB 27 (2021), HCS/SCS/SB 91 (2021), HS/HCS/HB 441 (2021), HB 678 (2021), and HB 351 (2021).

INCOME TAX DEDUCTIONS FOR MEDICAL MARIJUANA BUSINESSES (Section 143.121)

This act allows taxpayers authorized under the Missouri Constitution to operate a business related to medical marijuana to claim an income tax deduction in an amount equal to any expenditures otherwise allowable as a federal income tax deduction, but that are disallowed for federal purposes because cannabis is a controlled substance under federal law.

This provision contains an emergency clause.

This provision is identical to HB 877 (2021) and similar to SB 436 (2021).

INCOME TAX DEDUCTIONS FOR LAW ENFORCEMENT OFFICERS (Section 143.1405)

This act allows taxpayers who are members of the patrol, a peace officer, or federal law enforcement officer to claim an income tax deduction as provided in the act.

This act is identical to HB 272 (2021).

KRATOM CONSUMER PROTECTION ACT (Section 196.1170)

This act creates the "Kratom Consumer Protection Act". Any dealer, as such term is defined in the act, preparing, distributing, selling, or exposing for sale a food represented to be a kratom product shall disclose on the product label the factual basis upon which the representation is made. Such dealer shall not prepare, distribute, sell, or expose for sale a kratom product: (1) adulterated with a dangerous non-kratom substance, including a substance that affects the quality or strength of the kratom product so as to render the product injurious to a consumer; (2) contaminated with a dangerous non-kratom substance, including a substance that is poisonous or otherwise deleterious; (3) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; (4) containing any synthetic alkaloids; or (5) does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product.

A dealer shall not distribute, sell, or expose for sale a kratom product to an individual under 18 years of age.

A dealer who violates certain labeling provisions of this act may be assessed a fine as specified in the act and a dealer who violates other provisions, including sales to minors and sales of contaminated or adulterated kratom products, shall be guilty of a Class D misdemeanor. Such dealer may also be subject to a civil cause of action by any aggrieved person for damages incurred.

This act shall preempt any existing or future order, ordinance, or regulation of kratom by any political subdivision of this state.

This act is identical to HCS/HB 350 (2021) and substantially similar to HB 2061 (2020), provisions in HCS/SS/SB 580 (2020), and HCS/SCS/SB 662 (2020).

POWDERED ALCOHOL (Section 311.020)

This act provides that the term "intoxicating liquor" shall also include "powdered alcohol" which means alcohol that is prepared in a powdered, crystalline, or capsule form for direct use or for reconstitution. Additionally, this act provides that all beverages that have less than .5% of alcoholic content by volume shall not be subject to inspection.

This provision is identical to a provision in SCS/HS/HB 533 (2021).

ADVERTISING MATERIALS (Section 311.070.3(7) and 311.070.4(2))

Currently, the amount of permanent point-of-sale advertising materials that may be sold or given to a retailer by a distiller, wholesaler, winemaker, or brewer shall not exceed $500 per year, per brand, per retail outlet.

This act provides that the replacement of similar permanent point-of-sale advertising materials that are damaged and non-functioning shall not apply toward the maximum of $500. Additionally, this act modifies the definitions of "equipment and supplies", "temporary point-of-sale advertising materials", "permanent point-of-sale advertising materials", and "product display."

These provisions are identical to SCS/SB 299 (2021) and substantially similar to SS/SCS/SB 126 (2021).

NON-REFRIGERATION DISPENSING ACCESSORIES (Section 311.070.3(3), 311.070.4(5), 311.070.4(6), and 311.070.7)

This act adds the definition of "nonrefrigeration dispensing accessories" which includes beer and gas hoses, faucets, taps, and other accessories necessary to preserve and serve intoxicating liquor that are not self-refrigerating.

Under this act, a wholesaler or brewer may install non-refrigeration dispensing accessories at the retail business establishment for the purposes of beer equipment to properly preserve and serve draught beer or premixed distilled spirit beverages. A wholesaler or brewer may also lend, give, rent, sell, install, or repair nonrefrigeration dispensing accessories in order to facilitate the delivery to the retailers. A complete record of non-refrigeration dispensing accessories given, rented, sold, installed, and loaned, and repairs and services made to a retailer shall be retained for a period of not less than one year by the wholesaler, brewer, distiller, or winemaker.

Under this act, a distiller, wholesaler, winemaker, or brewer may furnish, give, or sell cleaning and sanitation services to a retailer to preserve product integrity of distilled spirits, wine, or malt beverages.

These provisions are identical to SCS/SB 299 (2021) and substantially similar to SS/SCS/SB 126 (2021).

DELIVERY OF CERTAIN LIQUORS BY WHOLESALER (Section 311.070.4(16) to 311.070.4(18))

Under current law, a wholesaler may exchange for an equal quantity or allow a credit for certain intoxicating liquor that was delivered in a damaged condition. A wholesaler may also withdraw at the time of delivery certain intoxicating liquor if the wholesaler replaces or provides a credit for the retailer. This act adds malt liquor to these provisions. Additionally, this act provides that wholesalers shall distribute consumer advertising specialties, nonrefrigeration dispensing accessories, and other advertising materials to their retailers in a fair and reasonable manner.

These provisions are identical to SCS/SB 299 (2021) and substantially similar to SS/SCS/SB 126 (2021) and SB 947 (2020) and similar to SB 340 (2019), HB 634 (2019), and HCS/HB 1924 (2018).

SUNDAY LIQUOR SALES BY THE DRINK (Section 311.089, 311.293, & 311.710)

Under current law, establishments may apply for a Sunday by-the-drink license to sell intoxicating liquor by the drink at retail in resort areas in St. Louis and Kansas City as well as other cities and counties from the hours of 9 A.M. to 12:00 A.M. This act modifies the hours that establishments may apply for a Sunday by the drink license to 6 A.M. on Sundays and 1:30 A.M. on Mondays.

This provisions are substantially similar to SS/SCS/SB 126 (2021).

SUNDAY LIQUOR SALES FOR OFF PREMISE CONSUMPTION (Section 311.096)

Under current law, a person may obtain a license to sell intoxicating liquor by the drink at retail not for consumption on the premises but for consumption in a common eating and drinking area between the hours of 11:00 A.M. and 12:00 A.M. on Sundays.

This act modifies the hours to 6:00 A.M. on Sundays and 1:30 A.M. on Mondays. This act also allows such persons to apply for a special permit to remain open between the hours of 1:30 A.M. to 3:00 A.M. on Sundays.

This provisions are substantially similar to SS/SCS/SB 126 (2021).

BOTTLES OF WINE AND OTHER LIQUOR TO CARRY OUT OF RESTAURANTS (Section 311.101)

This act provides that a restaurant or restaurant bar shall not allow patrons to carry out one or more bottles of wine or containers of other alcoholic beverages unless:

• The patron ordered a meal;

• The restaurant or restaurant bar provides a dated receipt or an electronic record of the purchase; and

• The restaurant bar securely reseals the bottles or containers of alcohol.

A person shall not be considered to have violated any state law or local ordinance regarding open containers in vehicles as long as such seal on the container is still intact.

This provision is similar to a provision in HBs 547 & 752 (2021).

SUNDAY BY-THE-DRINK LICENSES IN CONVENTION TRADE AREAS (Sections 311.174, 311.176, and 311.178)

This act modifies the time of opening for those licensed to sell intoxicating liquor for consumption on the premises in convention trade areas in Kansas City, North Kansas City, Jackson County, St. Louis County, and St. Louis on Sundays to 6:00 A.M.

This provisions are identical to SS/SCS/SB 126 (2021).

SALE OF MALT LIQUOR (Section 311.200)

This act modifies the hours a person may sell malt liquor at retail to 6:00 A.M. on Sundays to 1:30 A.M. on Mondays.

This provisions are substantially similar to SCS/SB 126 (2021).

TO-GO ALCOHOL (Section 311.202 & 311.280)

This act provides that the holder of a valid license to sell intoxicating liquor at retail may sell retailer-packaged liquor to a consumer in a container, filled on such premises by any employee who is 21 years of age or older, for off-premises consumption if the:

• Container is rigid, durable, leakproof, sealable, and has no openings for straws and contains a certain amount of liquor as provided in the act;

• Consumer orders and purchases a meal prepared on the premises at the same time as the consumer purchases the liquor;

• Holder of the license provides the consumer with a dated receipt for the purchase of the intoxicating liquor;

• Number of alcoholic beverages sold under this section by a licensee for off-premises consumption is limited to twice the number of meal servings sold by the licensee; and

• Sealed container is placed in a one-time-use transparent bag that is sealed or the container has been sealed with tamperproof tape.

Additionally, containers shall have a label with the name and address of the business and another label that states, "THIS BEVERAGE CONTAINS ALCOHOL". This act does not apply to any wholesaler, distributor, or manufacturer of intoxicating liquors.

These provisions are identical to provisions in SS/SCS/SB 126 (2021) and to SCS/HBs 547 & 752 (2021) and similar to provisions in HCS/SS/SB 600 (2020).

Finally, this act provides that any retailer liquor license holder shall not require any seal that has been affixed to a bottle or package of intoxicating liquor to be broken or torn before a consumer who purchases the intoxicating liquor is permitted to carry out the intoxicating liquor from the premises of the retailer.

LIQUOR PERMITS TO NON-PROFIT ORGANIZATIONS (Section 311.482)

This act modifies the provisions that if a religious, civic, fraternal, or other non-profit organizations holds an event in which liquor is sold, the sale of liquor on the day of the event may begin at 6:00 A.M.

This provisions are identical to SS/SCS/SB 126 (2021) and substantially similar to SB 835 (2020).

LIQUOR CONTROL AGENTS (Section 311.620)

Under current law, no person shall be appointed as an agent or inspector for the Department of Liquor Control who is not a resident taxpaying citizen of Missouri for a period of three years previous to his or her appointment and who is not able to pass a physical and mental examination prescribed by a board consisting of the Governor, Lieutenant Governor, Attorney General, and the Supervisor of Liquor Control.

This act modifies this provision to provide that a person shall not be appointed as an agent if he or she is not a resident taxpaying citizen of the state at the time of his or her appointment. Additionally, the person must pass a physical and mental examination prescribed by the Supervisor of Alcohol and Tobacco. Finally, this act changes "Supervisor of Liquor Control" and "Department of Liquor" to "Supervisor of Alcohol and Tobacco Control" and "Division of Alcohol and Tobacco Control."

These provisions are identical to a provision in SS/SCS/SB 126 (2021) and SB 372 (2021).

GAMBLING BOATS (Sections 313.800, 313.805, and 313.812)

Current law defines "excursion gambling boat" as a boat, ferry, or other floating facility. This act modifies such definition to include nonfloating facilities, which are defined as any structure within 1,000 feet of the Missouri or Mississippi rivers that contains at least 2,000 gallons of water beneath or inside the facility.

This act also modifies current law relating to the licensure of excursion gambling boats to allow for nonfloating facilities.

This act is identical to provisions in SS/SCS/HCS/HB 59 (2021), HB 507 (2021), and SB 506 (2021).

SHARING FINANCIAL INFORMATION WITH A BANKING INSTITUTION (Section 362.034)

This act provides that any entity licensed to do business in Missouri may request a state or local licensing authority to share the entity's application, license, or other financial information with a banking institution and also with the banking institution's state and federal supervisory agencies. The entity shall include a waiver with its request to authorize the transfer of confidential information, however this act does not authorize the disclosure of such confidential information except as reasonably necessary to facilitate the such request.

SELLING TOBACCO TO MINORS (Section 407.925 to 407.934)

Under current law, any person or entity is prohibited from selling tobacco products to any person under the age of 18. This act changes the age to 21.

These provisions is identical to HB 517 (2021).

LICENSURE TO PRACTICE AS AN ATTORNEY (Section 484.040)

This act provides that admission or licensure to practice as an attorney in Missouri shall not be contingent on membership in or payment of dues to the Missouri Bar Association.

This provision is identical to HB 385 (2021).

UNLAWFUL USE OF WEAPONS (Section 571.030)

Under current law, a person commits the offense of unlawful use of weapons if the person possesses a firearm while also knowingly in possession of a controlled substance. This act adds that a medical marijuana patient cardholder who is not under the influence or in possession of marijuana in excess of the possession limits set by the Department of Health and Senior Services shall not be prohibited from possessing a weapon and medical marijuana. This provision shall not apply to state-licensed security services employees.

MARY GRACE BRUNTRAGER