This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0933 - Regulates Auctioning of Vintage Wine
L.R. NO.  3452-04
BILL NO.  Truly Agreed To and Finally Passed HCS for SB 933
SUBJECT:  Liquor:  Wine
TYPE:     Original
DATE:     May 22, 1996



                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

General Revenue             $10,834         $13,000         $13,000

Total Estimated
Net Effect on All
State Funds                 $10,834         $13,000         $13,000


                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

None                             $0              $0              $0

Total Estimated
Net Effect on All
Federal Funds                    $0              $0              $0


                    ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

Local Government             $1,042          $1,250          $1,250


                              FISCAL ANALYSIS

ASSUMPTION

Officials of the Department of Revenue, Department of Economic Development,
Office of the Attorney General, Office of Administration and the Missouri
Sheriff's Association assume this proposal would not fiscally impact their
agency.

Officials of the Office of the State Courts Administrator, Office of the
State Public Defender and the Office of Prosecution Services assume this
proposal would have a minimal fiscal impact on their agency.

Officials of the Department of Public Safety - Division of Liquor Control
assume:

STATE REVENUE

The Division of Liquor Control prepares approximately 20 Violation Reports
annually, with an average of two violations per report.  Therefore, it is
estimated that the 40 cited wholesaler violations of Liquor Control Laws will
have the following civil penalties imposed pursuant to Section 311.680.2:

Violations          Penalty Imposed          Total Dollars

   8      @         $        0               $        0
  20      @         $      100               $    2,000
   4      @         $      250               $    1,000
   3      @         $      500               $    1,500
   2      @         $    1,000               $    2,000
   1      @         $    1,500               $    1,500
   1      @         $    2,000               $    2,000
   1      @         $    2,500               $    2,500
  40                                         $   12,500

Officials of Liquor Control assume this proposal would also allow the
Supervisor of Liquor Control to issue a $500 license to a auctioneer located
within a city in the county of the first class with a charter form of
government who has continuously been in business for a period of ten years.

STATE REVENUE

It is estimated that one vintage wine auctioning license will be issued
annually, which will generate $500 revenue annually.

LOCAL REVENUE

Section 311.220, RSMo, requires all liquor licensees to pay an amount equal
to state license fees into the county treasury, and an amount equal to one
and one-half times the state license fee into the municipal treasury.

County Revenue - 1 license x $500 = $500 annually.

City Revenue - 1 license x $500 x 1.5 = $750 annually.


FISCAL IMPACT - State Government    FY 1997    FY 1998    FY 1999
                                   (10 Mo.)
GENERAL REVENUE FUND

Income - Liquor Control
  Auctioning License                   $417       $500       $500

Income - Liquor Control
  Civil Penalties                   $10,417    $12,500    $12,500

ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND                $10,834    $13,000    $13,000


FISCAL IMPACT  - Local Government   FY 1997    FY 1998    FY 1999
                                   (10 Mo.)
Income - County
  License Fees                         $417       $500       $500

Income - City
  License Fees                         $625       $750       $750

ESTIMATED NET EFFECT ON
LOCAL FUNDS                          $1,042     $1,250     $1,250


DESCRIPTION

This proposal would allow the Supervisor of Liquor Control to issue a license
for the selling of vintage wine at auction, by an auctioneer licensed
pursuant to Chapter 343, RSMo.  The one year license will allow the
auctioneer to conduct no more than six auctions of vintage wine per year.
Vintage wine may be shipped to an auctioneer from any location within
Missouri.  This proposal also addresses the issues of vintage wine packaging,
tasting and labeling.

It would allow persons at least 18 years of age to rotate, stock, and arrange
displays at retail establishments licensed to sell intoxicating liquor or
nonintoxicating beer.  It would allow employees of wholesalers and retailers
that are at least 18 years of age, to operate a cash register or scanner for
the sale of intoxicating liquor or non-intoxicating beer on the licensee's
premises.

This proposal would regulate allowable business dealings between brewers,
wholesalers, distillers, winemakers, and retail business that sell
intoxicating liquors.

It would remove the crime of misdemeanor for violations of subsection one of
section 311.070, RSMo.

This proposal would authorize the Supervisor of Liquor Control to impose
civil penalties against any wholesaler licensed pursuant to chapter 311 or
312; of not less than $100, or more than $2,500 for each violation of Liquor
Control Laws.  The civil penalties may be imposed against licensees in lieu
of, or in addition to; warnings, probation, suspension or revocation actions.


This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Department of Public Safety - Division of Liquor Control
State Courts Administrator
Department of Economic Development
Department of Revenue
Office of the Attorney General
State Public Defender
Office of Prosecution Services
Office of Administration
Missouri Sheriff's Association