AND

HOUSE BILL NO. 1579

90TH GENERAL ASSEMBLY

TERRY L. SPIELER, Secretary.

3791S.02C

To repeal sections 311.178 and 311.210, RSMo 1994, and section 311.200, RSMo Supp. 1999, relating to the division of liquor control, and to enact in lieu thereof three new sections relating to the same subject.

Section A.  Sections 311.178 and 311.210, RSMo 1994, and section 311.200, RSMo Supp. 1999, are repealed and three new sections enacted in lieu thereof, to be known as sections 311.178, 311.200 and 311.210, to read as follows:

311.178.  1.  Any person possessing the qualifications and meeting the requirements of this chapter who is licensed to sell intoxicating liquor by the drink at retail for consumption on the premises in a [first class] county of the first classification having a charter form of government and not containing all or part of a city with a population of over three hundred thousand, may apply to the supervisor of liquor control for a special permit to remain open on each day of the week until 3:00 a.m. of the morning of the following day.  The time of opening on Sunday may be 11:00 a.m.  The provisions of this section and not those of section 311.097 regarding the time of closing shall apply to the sale of intoxicating liquor by the drink at retail for consumption on the premises on Sunday.  The premises of such an applicant [must] shall be located in an area which has been designated as a convention trade area by the governing body of the county and the applicant [must] shall meet at least one of the following conditions:

(1)  The business establishment's annual gross sales for the year immediately preceding the application for extended hours equals one hundred fifty thousand dollars or more; or

(2)  The business is a resort.  For purposes of this [section] subsection, a "resort" is defined as any establishment having at least sixty rooms for the overnight accommodation of transient guests and having a restaurant located on the premises.

2.  Any person possessing the qualifications and meeting the requirements of this chapter who is licensed to sell intoxicating liquor by the drink at retail for consumption on the premises in a county of the third classification having a population of more than fifteen thousand four hundred but less than fifteen thousand nine hundred inhabitants, a county of the third classification having a population of more than twenty thousand four hundred but less than twenty thousand nine hundred inhabitants or a county of the first classification without a charter form of government with a population of at least twenty-five thousand inhabitants but not more than forty thousand inhabitants, may apply to the supervisor of liquor control for a special permit to remain open on each day of the week until 3:00 a.m. of the morning of the following day.  The time of opening on Sunday may be 11:00 a.m.  The provisions of this section and not those of section 311.097 regarding the time of closing shall apply to the sale of intoxicating liquor by the drink at retail for consumption on the premises on Sunday.  The applicant shall meet all of the following conditions:

(1)  The business establishment's annual gross sales for the year immediately preceding the application for extended hours equals one hundred thousand dollars or more;

(2)  The business is a resort.  For purposes of this subsection, a "resort" is defined as any establishment having at least twenty 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; and

(3)  The applicant shall submit a plan approved by the supervisor of liquor control which outlines how the applicant will ensure that sales of intoxicating liquor by the drink between the hours of 1:00 a.m. and 3:00 a.m shall only be made to guests having overnight accommodations at the applicant's resort.

3.  An applicant granted a special permit [under] pursuant to this section shall, in addition to all other fees required by this chapter, pay an additional fee of three hundred dollars a year payable at the time and in the same manner as its other license fees.

[3.]  4.  The provisions of this section allowing for extended hours of business shall not apply in any incorporated area wholly located in any [first class] county of the first classification having a charter form of government which does not contain all or part of a city with a population of over three hundred thousand inhabitants until the governing body of such incorporated area shall have by ordinance or order adopted the extended hours authorized by this section.

311.200.  1.  No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one or more of the following businesses: A drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his store a stock of goods having a value according to invoices of at least one thousand dollars, exclusive of fixtures and intoxicating liquors.  Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this law.  For every license for sale at retail in the original package, the licensee shall pay to the director of revenue the sum of one hundred dollars per year.

2.  [For a permit authorizing the sale of malt liquor containing alcohol in excess of three and two-tenths percent by weight and not in excess of five percent by weight by grocers and other merchants and dealers in the original package direct to consumers but not for resale, fifteen dollars per year.  The phrase "original package" shall be construed and held to refer to any package containing three or more standard bottles of beer.  This license shall also permit the holders thereof to sell nonintoxicating beer in the original package direct to consumers, but not for resale.] For a license authorizing the sale of malt liquor containing alcohol in excess of three and two-tenths percent by weight and not in excess of five percent by weight by grocers and other merchants and dealers in the original package direct to consumers but not for resale, fifteen dollars per year.  The phrase "original package" shall be construed and held to refer to any package containing three or more standard bottles of beer.  This license shall, also, permit the holders thereof to sell nonintoxicating beer in the original package direct to consumers, but not for resale.  For every license issued for the sale of malt liquor at retail by drink for consumption on the premises where sold, the licensee shall pay to the director of revenue the sum of twenty-five dollars per year, which license shall, also, permit the holder thereof to sell nonintoxicating beer as defined in chapter 312, RSMo.  Notwithstanding the provisions of section 311.290, any person licensed pursuant to this subsection may, also, sell malt liquor at retail between the hours of 11:00 a.m. and midnight on Sunday.

3.  For every license issued for the sale of malt liquor and light wines containing not in excess of fourteen percent of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink for consumption on the premises where sold, the licensee shall pay to the director of revenue the sum of thirty-five dollars per year, which license shall also permit the holder thereof to sell nonintoxicating beer as defined in chapter 312, RSMo.

4.  For every license issued for the sale of all kinds of intoxicating liquor, at retail by the drink for consumption on premises of the licensee, the licensee shall pay to the director of revenue the sum of three hundred dollars per year, which shall include the sale of intoxicating liquor in the original package.

5.  For every license issued to any railroad company, railway sleeping car company operated in this state, for sale of all kinds of intoxicating liquor, as defined in this chapter, at retail for consumption on its dining cars, buffet cars and observation cars, the sum of one hundred dollars per year; except that such license shall not permit sales at retail to be made while such cars are stopped at any station.  A duplicate of such license shall be posted in every car where such beverage is sold or served, for which the licensee shall pay a fee of one dollar for each duplicate license.

6.  All applications for licenses shall be made upon such forms and in such manner as the supervisor of liquor control shall prescribe.  No license shall be issued until the sum prescribed by this section for such license shall be paid to the director of revenue.

311.210.  1.  All applications for all licenses mentioned in this chapter shall be made to the supervisor of liquor control and shall be accompanied by a [proper remittance] bank draft, money order, certified check or cashier's check made payable to the director of revenue for the correct amount of the license fee.  Remittance for renewal of licenses filed on or before the first day of May of each year may be made by personal or business check.  If such check is returned for insufficient funds the licensee shall replace such check and pay a fifty-dollar handling fee within fourteen days from the date such notice is postmarked, by remitting payment by bank draft, money order, certified check or cashier's check.  If the licensee has not replaced such check and paid a fifty-dollar handling fee within fourteen days, beginning on the fifteenth day, if such licensee's renewed license has been issued, such renewed license shall be suspended until the day following the day the licensee makes restitution for the insufficient funds check and pays a fifty-dollar handling fee, or if such licensee's renewed license has not been issued, the renewed license shall not be issued until on or after the day following the day the licensee makes restitution for the insufficient funds check and pays a fifty-dollar handling fee.

2.  The supervisor of liquor control shall have the power and duty to determine whether each application for such license shall be approved or disapproved.  Upon disapproval of any application for a license, the supervisor of liquor control shall so notify the applicant in writing, setting forth therein the grounds and reasons for disapproval, and shall return therewith the applicant's remittance.  Upon approval of any application for a license, the supervisor of liquor control shall issue to the applicant the appropriate license and contemporaneously with such issuance shall file a notice of the issuance of such license together with the applicant's remittance in payment of the same with the director of revenue.  The director of revenue shall immediately issue a receipt in duplicate for such payment, one copy of which shall be filed with the supervisor of liquor control and one copy retained by the director of revenue.