SS SCS SB 298 -- Liquor Sales

Sponsor:  Griesheimer

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

(1)  Requires an adult cabaret to obtain a license to possess
intoxicating liquor on the premises.  A license may not be issued
if the cabaret permits a person less that 21 years of age to
dance (Sections 311.050 and 311.050, RSMo);

(2)  Removes the requirement that written consent must be
obtained from a school or church before a license to sell liquor
within 100 feet of the school or church will be granted but
allows a municipal government to prohibit the license.  This law
does not apply to the holder of a license issued before January
1, 2004 (Section 311.080);

(3)  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 substitute also adds restaurant bars on the
premise of any hotel having 50 rooms to the establishments that
may sell on Sundays between 9:00 a.m. and midnight.  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. (Sections
311.097, 311.098, 311.102, and 311.293);

(4)  Prohibits a licensed microbrewer from having more than 10
liquor licenses or having financial interest in any business that
sells intoxicating liquor by the drink at retail for consumption
on the premise.  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 premise, the microbrewer must comply with
state law requiring purchase by a licensed wholesaler (Section
311.195);

(5)  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 $50.  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);

(6)  Increases the license fee for a packaged retail license from
$15 to $50 and increases the retail by the drink license fee from
$35 to $50.  Grocery stores and drug stores must also have $5,000
of stock to qualify for a package license.  The current stock
limit was $1,000 (Section 311.200);

(7)  Prohibits retailers of alcohol from selling alcohol with an
alcohol content of less than 5% 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);

(8)  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);

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

(10)  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);

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

(12)  Allows liquor control officers to enforce state laws
related to tobacco products.  Liquor control officers are also
given the power to search and seize when enforcing liquor and
tobacco laws (Section 311.630); and

(13)  Prohibits a person less than 21 years of age from dancing
in an adult cabaret or a proprietor of an adult cabaret from
employing a person under 21 years of age.  Persons violating this
provision are guilty of a class A misdemeanor (Section 573.509).

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