FIRST REGULAR SESSION
HOUSE BILL NO. 316
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES GRAHAM, OVERSCHMIDT,
GRIESHEIMER AND DOLAN (Co-sponsors).
Read 1st time January 10, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal section 311.660, RSMo 2000, relating to liquor control, and to enact in lieu thereof two new sections relating to the same subject.
Section A. Section 311.660, RSMo 2000, is repealed and two new sections enacted in lieu thereof, to be known as sections 311.635 and 311.660, to read as follows:
311.635. An on-duty peace officer for the division of liquor control, unless working undercover, shall immediately upon entering the premises of a retail licensee present such officer's identification to the licensee or employee in charge.
311.660. 1. The supervisor of liquor control shall have the authority to suspend or revoke for cause all such licenses; and to make the following regulations, without limiting the generality of provisions empowering the supervisor of liquor control as in this chapter set forth as to the following matters, acts and things:
(1) Fix and determine the nature, form and capacity of all packages used for containing intoxicating liquor of any kind, to be kept or sold [under this law] pursuant to this chapter;
(2) Prescribe an official seal and label and determine the manner in which such seal or label shall be attached to every package of intoxicating liquor so sold [under this law] pursuant to this chapter; this includes prescribing different official seals or different labels for the different classes, varieties or brands of intoxicating liquor;
(3) Prescribe all forms, applications and licenses and such other forms as are necessary to carry out the provisions of this chapter, except that when a licensee substantially complies with all requirements for the renewal of a license by the date on which the application for renewal is due, such licensee shall be permitted at least an additional ten days from the date notice is sent that the application is deficient, in which to complete the application;
(4) Prescribe the terms and conditions of the licenses issued and granted [under this law] pursuant to this chapter;
(5) Prescribe the nature of the proof to be furnished and conditions to be observed in the issuance of duplicate licenses, in lieu of those lost or destroyed;
(6) Establish rules and regulations for the conduct of the business carried on by each specific licensee under the license, and such rules and regulations if not obeyed by [every] the licensee shall be grounds for the revocation or suspension of the license; except that the supervisor of liquor control shall not establish any rule or regulation prohibiting a licensee or any employee of a licensee from drinking in such licensee's establishment, or allowing an agent of the supervisor of liquor control to drink in any establishment while such agent is on duty and not working under cover;
(7) The right to examine books, records and papers of each licensee and to hear and determine complaints against any licensee;
(8) To issue subpoenas and all necessary processes and require the production of papers, to administer oaths and to take testimony;
(9) Prescribe all forms of labels to be affixed to all packages containing intoxicating liquor of any kind; and
(10) To make such [other] rules and regulations as are necessary and feasible for carrying out the provisions of this chapter[, as are not inconsistent with this law].
2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority
delegated in this chapter shall become effective only if it complies with and is subject to all of the provisions of
chapter 536, RSMo, and, if applicable, section 536.028, RSMo. All rulemaking authority delegated prior to August
28, 2000, is of no force and effect and repealed. Nothing in this section shall be interpreted to repeal or affect the
validity of any rule filed or adopted prior to August 28, 2000, if it fully complied with all applicable provisions of
law. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after
August 28, 2000, shall be invalid and void.
Missouri House of Representatives