HB 36 -- LIQUOR CONTROL

CO-SPONSORS:  Jolly, Willoughby

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 11 to 6 with 1 present.

This bill allows the Supervisor of the Division of Liquor Control
to provide forms and procedures to retailers of intoxicating
liquor that are necessary for the sale of intoxicating liquor by
the keg for off-premises consumption.  The supervisor is required
to make rules and regulations for administering this keg
registration law.  The bill does not require additional permits
or licenses.

Retailers are required to register the sale of each keg and affix
a registration seal on each keg at the time of sale.  The
registration records must be maintained by the retailer for a
period of six months.  Registration records must be open to
inspection by the supervisor and law enforcement officers.  The
bill outlines registration requirements, including the
requirement that the purchaser sign a statement assuming full
liability as a result of the transaction.  When a purchaser
obtains more than one keg for consumption at the same location
and on the same date, only one keg registration must be
completed.  Persons who purchase and take possession of kegs may
not transfer possession of the keg.  The keg registration seal
affixed to the keg may serve as the purchaser's receipt for the
purpose of keg return.  Kegs made of disposable packaging need
not be returned to the retailer but must be registered.

A keg is defined as any container capable of holding four gallons
or more of intoxicating liquor which is designed to dispense the
liquor directly from the container for consumption.  Persons in
possession of kegs that are not properly tagged may have the kegs
seized.

The bill becomes effective on January 1, 2004, and will expire
December 31, 2008.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill will hold adults
responsible when they buy kegs for minors.  Twenty states have
already passed this legislation.  Several cities and counties in
Missouri have passed keg registration on the local level.  The
process of keg registration would be easy and will reduce
under-age drinking.

Testifying for the bill were Representative Jolly; Missouri's
Youth/Adult Alliance; Youth with Vision; Missouri Task Force on
Alcohol, Tobacco, and Other Drugs of the United Methodist Church,
Missouri Conference; Missouri Catholic Conference; National
Council on Alcoholism; ACT Missouri; Larry McKowell; Julia
Farber; and Amanda Davis.

OPPONENTS:  Those who oppose the bill say that youth will only
buy liquor in cans, bottles, or other disposable containers.  The
tags could easily be removed from kegs.  The bill also prohibits
the transfer of a keg between adults.  Adults will often transfer
a keg to another adult if all the beer has not been consumed.

Testifying against the bill were Missouri Retailers Association;
and Missouri Grocers Association.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:10 am