|SB 0043||Revises liquor law requirements|
|Last Action:||07/12/95 - Signed by Governor|
|Effective Date:||August 28, 1995|
HCS/SCS/SB 43 - This act makes several changes in the state's liquor laws.
It repeals a provision enacted in 1994 which created a new class of liquor license authorizing the sale of beer and wine by the drink and in the original package in unincorporated areas of first class charter counties.
The act limits the sale of wines by charitable organizations outside the city limits to those wines not in excess of 14% of alcohol by weight.
Resort restaurants must have annual gross receipts of $75,000, with $50,000 from nonalcoholic sales, in the year preceding its application for a license as a resort instead of the current requirement of $75,000 and $50,000 respectively annually for two years preceding its application. In addition, new restaurants applying for such a license are not required to show projected sales.
The act changes the hours for a new restaurant bar to be open to correspond with changes made in 1994.
The act increases the license fees for manufacturers, wholesalers and retailers; amends Section 311.260 which pertains to the number of liquor licenses held by one person; amends Section 311.265 to cover debts owed by a retailer to a wholesaler; expands special permits to cover malt beverage and distilled spirit tasting in addition to wine tasting already permitted; deletes Section 311.350 pertaining to window displays of liquor; and adds nonintoxicating beer to the permit covered by Section 311.482.
This act deletes language in the liquor control law that requires that appointment of liquor control agents and inspectors must be based equally on party affiliation with the two major political parties in the state.
The act allows agent and inspectors to accept commissions but prohibits them from accepting rewards or gifts. It also allows them to work other jobs with written permission of the Supervisor of Liquor Control.
The act deletes the requirement that the number of agents and inspectors hired by the Liquor Control Division be limited to twenty-four. Agents and inspectors are designated as peace officers and must complete training for certification of peace officers established by the Peace Officers Standards and Training Commission.
The act also provides for extended hours for the sale of intoxicating liquor by the drink in certain cities.
The act provides for a wine manufacturer to have a financial interest in the retail business of a restaurant in which the sale of intoxicating liquor and nonintoxicating beer for consumption on the premises is permitted. Wine manufacturers may apply for a limited license to sell intoxicating liquors and nonintoxicating beer for sale at a banquet or private party on the premises of the manufacturer.
The act adds language: (1) permitting the Sunday sale of intoxicating liquor at any outdoor golf course with a minimum of nine holes; (2) increasing the time from six months to one year when the price of close out merchandise may be decreased; and (3) permitting manufacturers of intoxicating liquor, including beer and wine, to offer coupons redeemable for nonalcoholic merchandise. These coupons must be made available to consumers without requiring a purchase.
Finally, the act contains provisions: (1) pertaining to the
sale of intoxicating liquor when a licensed premises consists of
two or more buildings in close proximity; and (2) requiring
notification to the Supervisor of Liquor Control from a
wholesaler when a retailer's account is delinquent beyond the
permissible ordinary commercial credit period.