HCS SS SCS SB 298 -- LIQUOR SALES

SPONSOR:  Griesheimer (Johnson, 47)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 13 to 3.

This substitute makes technical changes to the liquor sales laws.
The substitute also:

(1)  Removes the requirement that written consent be obtained
before a license to sell liquor within 100 feet of a school or
church will be granted but allows the local municipality to deny
a license for the sale of liquor within 300 feet of a school or
church (Section 311.080, RSMo);

(2)  Changes the time of opening from 11:00 a.m. to 9:00 a.m. for
the sale of packaged liquor at retail and the sale of liquor on
Sundays in restaurant bars, amusement places, and places of
entertainment.  The time of opening for restaurant bars located
in a sports stadium in Jackson County is changed from 11:00 a.m.
to 8:00 a.m.  Sunday sales are also expanded to cover a business
having at least 30 rooms for transient guests.  Businesses having
over 30 rooms are also excluded from license limits requirements
(Sections 311.097, 311.098, 311.102, 311.293, and 311.260);

(3)  Prohibits a licensed microbrewer from having more than 10
liquor licenses.  The substitute also exempts a microbrewer who
is licensed to sell intoxicating liquor by the drink at retail
from state law requiring all liquor purchases to be made from a
licensed wholesaler when selling liquor that is produced on the
premises.  For all other liquor sold by the drink at retail for
consumption on the premises, the microbrewer must comply with
state law requiring purchase by a licensed wholesaler (Section
311.195);

(4)  Allows persons licensed to sell malt liquor at retail by the
drink to also sell 3.2% beer by the drink.  The fee for the
license is $25.  Any person licensed to sell malt liquor or 3.2%
beer at retail may sell between the hours of 9:00 a.m. and
midnight on Sundays (Section 311.200);

(5)  Prohibits retailers of alcohol from selling alcohol in
mutilated, torn, or cut cartons.  Retailers may not repackage
liquor in a manner misleading to the consumer or that results in
required labeling being omitted or obscured (Section 311.280);

(6)  Creates a rebuttable presumption that the contents of a
manufacturer-sealed container that is labeled as containing
alcohol or intoxicating beer does contain the listed contents.
The presumption currently exists only for the sale of liquor to
minors (Sections 311.325 and 312.407);

(7)  Requires the purchaser of liquor to provide upon demand by a
liquor retailer a valid and unexpired driver's license from any
state or a passport.  Under current law, an expired license or
passport may be used to purchase liquor (Section 311.328);

(8)  Repeals the section of law requiring the seller of malt
liquor to label the malt liquor container with the name and
location of the manufacturer (Section 311.360);

(9)  Repeals provisions of current law that allow savings and
loan association and credit unions to sell intoxicating liquor
they have repossessed as collateral (Section 311.401);

(10)  Changes the name of the Division of Liquor Control to the
Division of Alcohol and Tobacco Control (Section 311.615);

(11)  Allows liquor control officers to enforce state laws
related to tobacco products (Section 311.630); and

(12)  Requires a liquor retailer to attach a label to each keg
that is sold for off-premise consumption.  The purchaser of the
keg is required to present positive identification, and the
retailer must keep records regarding the identification of the
keg and purchaser.  The purchaser must also sign a statement
acknowledging that the misuse of the keg or its contents may
result in civil liability, criminal prosecution, or both.  The
retailer must keep the registration records for three months.
The retailer may not refund a keg deposit unless the label is
attached to the keg when returned.  The provisions of law
regarding keg registration become effective on July 1, 2004.

FISCAL NOTE:  Estimated Net Cost to the General Revenue Fund of
$0 in FY 2004, $51,500 in FY 2005, and $53,045 in FY 2006.

PROPONENTS:  Supporters say that the courts have declared several
liquor statutes unconstitutional and unenforceable.  These
statutes need to be updated.  Many retailers and stadiums would
like to be able to sell beer at 9:00 a.m.  Currently, the river
front area of St. Louis can already sell beer at 9:00 a.m.  The
proposed new liquor license would encourage 3.2% retailers to
obtain a 5% beer license.  There are only 184 3.2% retailers, and
it is difficult to maintain quality control.  The substitute also
puts adult cabarets under the control of the Division of Liquor
Control.  Persons under the age of 21 would be prohibited from
dancing in cabarets.  Young girls in high school are dancing at
cabarets and being exploited by the cabarets.

Testifying for the bill were Senators Griesheimer and Steelman;
Missouri Restaurant Association; Missouri Retailers Association;
Missouri Grocers' Association; Missouri Hotel and Motel
Association; Kansas City Chiefs; Missouri Petroleum Marketers
Association; and Missouri Beer Wholesalers Association.

OPPONENTS:  There was no opposition voiced to the committee.

Other witnesses testifying on the bill was Division of Liquor
Control.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:13 am