CCS HCS SS SCS SB 298 -- LIQUOR SALES; ADULT CABARETS

This bill makes changes to the liquor sales laws.  The bill:

(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.  Liquor retailers licensed before January 1, 2004, are
not affected by this law;

(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.  The occupancy requirement for places of
entertainment in St. Louis County, Jackson County, St. Louis
City, and Kansas City is removed from current law.  Sunday sales
are also expanded to cover a business having at least 40 rooms
for transient guests.  Businesses having over 40 rooms are also
excluded from license limits requirements;

(3)  Prohibits a licensed microbrewer from having more than 10
liquor licenses.  The bill also exempts a microbrewer who is
licensed to sell intoxicating liquor by the drink at retail, when
selling liquor that is produced on the premises, from state law
requiring all liquor purchases to be made from a licensed
wholesaler;

(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 $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;

(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;

(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;

(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;

(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;

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

(10)  Prohibits persons operating any premises where food,
beverage, or entertainment are sold who does not possess a
license for the sale of liquor from permitting the drinking of
any liquor in the premises;

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

(12)  Allows liquor control officers to enforce state laws
related to tobacco products;

(13)  Prohibits persons less than 19 years of age from dancing in
an adult cabaret and a proprietor of an adult cabaret from
allowing a person under 19 years of age to dance.  Persons
violating this provision are guilty of a class A misdemeanor;

(14)  Requires a liquor retailer to attach a label to each keg
that is sold for off-premise consumption.  The bill sets
requirements for both the liquor retailer and the purchaser of a
keg.  Provisions of this law preempt all local laws regulating
keg registration and become effective on July 1, 2004; and

(15)  Creates a new Sunday sales license for resort, convention
trade, and enterprise zone areas in St. Louis and Kansas City.
The bill outlines the qualifications and restrictions for the new
license.

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