HCS SCS SB 834 -- LIQUOR SALES

SPONSOR:  Sims (Hoppe)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government and Related Matters by a vote of 12 to 0.

This substitute allows the Supervisor of the Division of Liquor
Control to issue a retail license to sell intoxicating liquor
between the hours of 11:00 a.m. and midnight on Sunday to an
airline club located in an international airport and owned or
leased and operated by an airline.  This license will cost $200
in addition to all other fees required by law.  City and county
regulations and fees will also apply to the license.

The substitute permits qualified licensed resorts in Camden,
Miller, and Morgan counties to remain open each day of the week
until 3:00 a.m.  The time of opening on Sunday may be 11:00 a.m.
The resort's previous year's annual gross sales must be $100,000
or more.  A resort is defined as any establishment having at
least 65 rooms for transient guests, at least 3,000 square feet
of meeting space, and a restaurant on the premises.

Business establishments having a minimum of 70 boat slips in
Camden County are allowed to apply to the supervisor for a retail
license to sell liquor by the drink each day of the week until
3:00 p.m.  The time of opening on Sunday may be 11:00 a.m.

The substitute allows the supervisor to issue a special license
to retailers to sell Missouri-produced wines by the drink on the
premise where sold.  This license may only be issued for the
purpose of promoting tourism.  The retailer may remain open
between the hours of 6:00 a.m. and midnight, Monday through
Saturday, and between 11:00 a.m. and 9:00 p.m. on Sundays.

The substitute also allows a wholesaler to give a retailer credit
for intoxicating liquor with an alcohol content of less than 5%
or 3.2% beer in a container with a capacity of four gallons or
more that was delivered for a special event, if the wholesaler
removes the product within seven days of the initial delivery.

New penalties are created for the violations of liquor control
laws.  The bill allows the supervisor to assess the following in
lieu of suspension or revocation of a liquor license:

(1)  A civil penalty of not less than $100 or more than $5,000
against any solicitor licensed to sell liquor when in violation
of any liquor laws;

(2)  A civil penalty of not less than $50 or more than $1,000
against any retailer with less than 5,000 occupant capacity when
in violation of any liquor laws; and

(3)  A civil penalty of not less than $50 or more than $5,000
against any retailer with 5,000 or more occupant capacity when in
violation of any liquor laws.

The supervisor must establish rules to identify which violations
are eligible for civil penalty, the maximum amounts of the
penalty, and conditions for which the penalties may be reduced.

The substitute also requires the supervisor to meet with a
licensee prior to issuing any order of warning, probation,
revocation, suspension, or fine in order to bring early
resolution of disputes.  The supervisor must provide the licensee
a written description of the specific conduct for which
discipline is sought and all documents related to the violation.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Net Effect to the General Revenue Fund of
an Income of $2,494 to $11,494 in FY 2003, a Cost of $4,373 to an
Income of $4,627 in FY 2004, and a Cost of $5,941 to an Income of
$3,059 in FY 2005.  Does not reflect potential costs of the
Missouri Water Patrol.

PROPONENTS:  Supporters say that the substitute will allow
private clubs to serve members drinks at airports.  The state
only has three of these clubs.  The club members pay a membership
fee and should be able to purchase liquor.  Members often have to
leave the club to buy a drink and bring it back to the club.

Testifying for the bill were Senator Sims; and American Airlines.

OPPONENTS:  There was no opposition voiced to the committee.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am