FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES JOLLY AND WILLOUGHBY (Co-sponsors).
Pre-filed December 2, 2002, and copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To amend chapter 311, RSMo, by adding thereto one new section relating to liquor control.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 311, RSMo, is amended by adding thereto one new section, to be known as section 311.603, to read as follows:
311.603. 1. As used in this section, the following terms shall mean:
(1) "Keg", any container capable of holding four gallons or more of beer, wine or intoxicating liquor which is designed to dispense beer, wine or intoxicating liquor directly from the container for purposes of consumption;
(2) "Registration seal", any document, stamp, declaration, seal, decal, sticker or device approved by the supervisor which is designed to be affixed to kegs and which displays a registration number and such other information as may be prescribed by the supervisor; and
(3) "Supervisor", the supervisor of liquor control appointed pursuant to section 311.610.
2. The supervisor may provide to any person licensed to sell beer, wine or intoxicating liquor pursuant to section 311.200 such forms and procedures as may be necessary pursuant to this section to sell such beer, wine or intoxicating liquor in kegs for off-premises consumption.
3. The provisions of this section shall not be construed to require a permit or additional license of a person licensed pursuant to this chapter who sells beer, wine or intoxicating liquor for on-premises consumption pursuant to such license.
4. No person licensed pursuant to this chapter to sell beer, wine or intoxicating liquor at retail for off-premises consumption, or any officer, agent or employee thereof, shall sell any such beer, wine or intoxicating liquor in a keg without having registered the sale on a form prescribed by the supervisor and affixed a registration seal on the keg at the time of sale.
5. Prior to the sale of beer, wine or intoxicating liquor in kegs, the keg registration declaration and receipt form provided by the supervisor shall be properly completed and shall contain the following:
(1) The name and address of the purchaser verified by valid identification as determined by rules and regulations promulgated by the supervisor;
(2) The type of identification presented by the purchaser;
(3) A statement signed by the purchaser indicating that the purchaser is twenty-one years of age or older, does not intend to allow persons under twenty-one years of age to consume the alcoholic beverages purchased, and that the purchaser will not remove or obliterate the keg registration tag affixed to the keg or allow its removal or obliteration; and
(4) A statement signed by the purchaser that the purchaser assumes full liability as a result of the transaction.
6. Where the purchaser obtains more than one keg for consumption at the same location and on the same date, only one keg registration declaration and receipt form need be completed. All other keg registration declaration and receipt forms for that particular transaction shall contain the registration number from the fully completed form as a reference and shall be signed by the purchaser. Such keg registration declaration and receipt forms which contain the reference number of a fully completed form and which have been signed by the purchaser shall constitute a valid and properly completed keg registration and declaration receipt.
7. The keg registration seal affixed to the keg may serve as the purchaser's receipt. Upon receipt of a properly registered keg from a consumer, the licensee shall remove and obliterate the keg registration seal from the keg and shall note such action on the keg registration declaration and receipt form which shall be retained by the licensee on the licensee's premises. Kegs made of disposable packaging shall not have to be returned to the licensee. The licensee shall indicate on the keg declaration and receipt form that the keg was not returnable due to its disposable packaging.
8. For the purpose of tracing the kegs and purchaser responsibility, it shall be the responsibility of the licensee to affix the properly completed and signed keg registration seal to all containers of four gallons or more of beer, wine or intoxicating liquor prior to the container leaving control of such licensee.
9. Except as provided in this section, no person shall remove, alter, deface or obliterate the registration seal affixed to a keg. Disposing of empty kegs made of disposable packaging shall not constitute obliteration of the keg registration seal. If any person is in possession of a keg containing beer, wine or intoxicating liquor in violation of this section and such keg does not bear the registration seal, or upon such keg the registration seal has been altered, defaced or obliterated then the keg and its contents shall be subject to seizure and forfeiture.
10. A licensee engaged in the sale of beer, wine or intoxicating liquor in kegs for off-premise consumption pursuant to this section shall maintain a complete and accurate record of all registration forms and other documentation of the sale of kegs at the place of business designated in the permit for a period of six months. Such records shall include the registration seal for nondisposable kegs, which the licensee shall remove from the keg upon its return by the purchaser. Such records regarding keg sales shall be open to inspection by the supervisor or law enforcement officers for reasonable cause, at a reasonable date and time.
11. Except as authorized by the supervisor, no person shall transfer possession of, or give the registered keg or container to, another person. This subsection shall not apply to the return of the registered container to the licensee.
12. The supervisor shall promulgate rules and regulations for the administration of this section and shall design all necessary forms and registration seals. No rule or regulation or portion of a rule or regulation promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
13. This section shall become effective on January 1, 2004, and shall expire on December 31, 2008.<br><hr><br><a href=”https://house.mo.gov”><img src=”/graphics/home_btn.gif”>Missouri House of Representatives</a>