FIRST REGULAR SESSION

SENATE BILL NO. 391

90TH GENERAL ASSEMBLY


INTRODUCED BY SENATORS SCHNEIDER, MATHEWSON, STAPLES,

KLARICH, JOHNSON AND KINDER.

Read 1st time February 2, 1999, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

S1698.02I


AN ACT

To repeal section 311.190, RSMo 1994, relating to wine manufacturers license, and to enact in lieu thereof one new section relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 311.190, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 311.190, to read as follows:

311.190.  1.  For the privilege of manufacturing wine or brandy, which manufacturing shall be in accordance with all provisions of federal law applicable thereto except as may otherwise be specified in this section, in quantities not to exceed five hundred thousand gallons, not in excess of eighteen percent of alcohol by weight for wine, or not in excess of thirty-two percent of alcohol by weight for brandy, from grapes, berries, other fruits, fruit products, honey, and vegetables produced or grown in the state of Missouri, exclusive of sugar, water and spirits, there shall be paid to and collected by the director of revenue, in lieu of the charges provided in section 311.180, a license fee of five dollars for each five hundred gallons or fraction thereof of wine or brandy produced up to a maximum license fee of three hundred dollars.

2.  Notwithstanding the provisions of subsection 1 of this section, a manufacturer licensed under this section may use in any calendar year such wine-making material produced or grown outside the state of Missouri in a quantity not exceeding fifteen percent of the manufacturer's wine or brandy entered into fermentation in the prior calendar year.

3.  In any year when a natural disaster causes substantial loss to the Missouri crop of grapes, berries, other fruits, fruit products, honey or vegetables from which wines are made, the director of the department of agriculture shall determine the percent of loss and allow a certain additional percent, based on the prior calendar year's production of such products, to be purchased outside the state of Missouri to be used and offered for sale by Missouri wineries.

4.  A manufacturer licensed under this section may purchase and sell bulk or packaged wines or brandies received from other manufacturers licensed under this section and may also purchase in bulk, bottle and sell to duly licensed wineries, wholesalers and retail dealers on any day except Sunday, and a manufacturer licensed under this section may offer samples of wine and brandy, may sell wine and brandy in its original package directly to consumers at the winery, and may open wine and brandy so purchased by customers so that it may be consumed on the winery premises on Monday through Saturday between 6:00 a.m. and midnight and on Sunday between 11:00 a.m. and 10:00 p.m.




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