COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3571-02
Bill No.: SCS for SB 912
Subject: Alcohol; Counties; Licenses - Liquor and Beer; Public Safety Department.
Type: Original
Date: March 4, 2002
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| General Revenue | $1,500 | $1,800 | $1,800 |
| Total Estimated
Net Effect on All State Funds |
$1,500 | $1,800 | $1,800 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Local Government | $3,187 | $3,825 | $3,825 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
ASSUMPTION
Officials from the Department of Public Safety - Liquor Control (DLS) state this bill amends Sections 311.178 to allow qualified licensed resorts in Camden, Miller and Morgan counties to remain open each day of the week until 3:00 a.m. of the morning of the following day. The resort's previous year annual gross sales must be $100,000 or more. A resort is defined as any establishment having at least 75 rooms for transient guests, having at least 3,000 square feet of meeting space and having a restaurant on the premises. Applicants granted this permit must pay a $300 license fee.
DLS assumes that 6 establishments would seek a special permit as outlined in Section 311.178. The estimated increase in license fees would be approximately $1,800 (6 x $300) per year. DLS states that Section 311.220, RSMo, allows cities to charge one and one-half the state liquor license fee amounts and counties to charge an amount equal to the state liquor license fee amount. DLS assumes that seventy-five percent of the licensees that will obtain an extended hours license are located within a municipality. Therefore, the cities will collect additional revenues of $2,025 ($1,800 x 1.5 x 75%). The counties additional revenue collection will equal the state revenue increase of $1,800.
DLS also assumes that one additional agent (at $36,012) will be needed in the Lake of the Ozarks area for the additional work load associated with monitoring the sales of alcoholic beverages until 3:00 a.m. at the resorts. DLS assumes the total cost, including fringe benefits and expense and equipment, for the additional agent would be roughly $62,000 per year.
Oversight assumes DLS will be able to assume any additional responsibilities resulting from this proposal with current resources and will not require the additional agent.
Officials from the Department of Public Safety - State Water Patrol and the Office of the State Courts Administrator each assumed this proposal would not fiscally impact their respective agencies.
In response to another version of this proposal, officials from the Office of the Attorney General state assumed it would not fiscally impact their agency.
In response to another version of this proposal, officials from Camden County stated there could be a minimal increase in revenues resulting from this proposal, but that there also could also be extra prisoner costs due to increased driving-while-intoxicated and boating-while-intoxicated charges.
ASSUMPTION (continued)
Officials from the Office of the State Public Defender assumes that existing staff could provide representation for those few cases arising where persons were charged with serving alcohol to persons without overnight accommodations at the resort. However, passage of more than one similar bill would require the State Public Defender System to request increased appropriations to cover cumulative cost of representing the indigent accused in the additional cases.
Oversight assumes this proposal is for resorts to serve liquor until 3:00 a.m. to their transient guests and therefore will not result in a significant number of driving-while-intoxicated or boating-while-intoxicated charges.
Officials from the Office of Prosecution Services, as well as Miller and Morgan Counties did not respond to our request for fiscal impact.
| FISCAL IMPACT - State Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| GENERAL REVENUE FUND | |||
| Income - 3:00 a.m. liquor license fees | $1,500 | $1,800 | $1,800 |
| ESTIMATED NET EFFECT TO THE GENERAL REVENUE FUND |
$1,500 |
$1,800 |
$1,800 |
| FISCAL IMPACT - Local Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| CITIES | |||
| Income - 3:00 a.m. liquor license fees | $1,687 | $2,025 | $2,025 |
| COUNTIES | |||
| Income - 3:00 a.m. liquor license fees | $1,500 | $1,800 | $1,800 |
| ESTIMATED NET EFFECT TO CITIES AND COUNTIES |
$3,187 |
$3,825 |
$3,825 |
FISCAL IMPACT - Small Business
The proposed legislation could impact resorts located in Camden, Miller, and Morgan counties.
DESCRIPTION
This proposal allows resorts located in Miller, Morgan and Camden counties to apply for a special permit from the Supervisor of Liquor Control to remain open and sell liquor by the drink until 3:00 a.m.
each day of the week and to open at 11:00 a.m. on Sunday.
The applicant must have had gross sales of $100,000 or more in the preceding year and must be a resort. A resort is defined as "any establishment having at least seventy-five rooms for the overnight
accommodation of transient guests, having at least three thousand square feet of meeting space and having a restaurant located on the premises". Any resort holding a special permit must ensure that only overnight guests of the resort are sold liquor between 1:30 a.m. and 3:00 a.m.
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 -
Liquor Control
Missouri Water Patrol
Office of the Attorney General
Camden County
Office of the State Courts Administrator
Office of the State Public Defender
NOT RESPONDING: Miller County, Morgan County, Office of Prosecution Services
Mickey Wilson, CPA
Acting Director
March 4, 2002