FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COOPER (120).
Read 1st time February 22, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 311.420, RSMo, and to enact in lieu thereof two new sections relating to the shipping of liquor.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 311.420, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 311.185 and 311.420, to read as follows:
311.185. 1. Notwithstanding any rule, law, or regulation to the contrary, any person currently licensed in this state or any other state as a wine manufacturer may apply for and the supervisor of alcohol and tobacco control may issue a wine direct shipper license, as provided in this section, which allows a wine manufacturer to ship up to two cases of wine per month directly to a resident of Missouri who is at least twenty-one years of age for such resident's personal use and not for resale. Before sending any shipment to a resident of Missouri, the wine manufacturer shall first obtain a wine direct shipper license as follows:
(1) File an application with the division of alcohol and tobacco control; and
(2) Provide to the division of alcohol and tobacco control a true copy of its current alcoholic beverage license issued in this state or any other state, as well as a copy of the winery license from the Alcohol and Tobacco Tax and Trade Bureau.
2. All wine direct shipper licensees shall:
(1) Not ship more than two cases of wine per month to any person for his or her personal use and not for resale;
(2) Not use any carrier for shipping of wine that is not licensed under this section;
(3) Only ship wine that is properly registered with the Alcohol and Tobacco Trade and Tax Bureau;
(4) Only ship wine manufactured on the winery premises;
(5) Ensure that all containers of beverage alcohol delivered directly to a resident of this state are conspicuously labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY";
(6) If the winery is located outside of this state, every wine direct shipper licensee shall by January thirty-first make a report under oath to the supervisor of alcohol and tobacco control setting out the total amount of wine shipped into the state the preceding year;
(7) If the winery is located outside of this state, there shall be paid to and collected by the division of alcohol and tobacco control all excise taxes due on the amount to be calculated as if the sale were in this state at the location where the delivery is made;
(8) If the winery is located within this state, provide the division of alcohol and tobacco control any additional information deemed necessary beyond that already required for retail sales from the winery tasting room to ensure compliance of this section;
(9) Permit the division of alcohol and tobacco control to perform an audit of the wine direct shipper licensees' records upon request; and
(10) Be deemed to have consented to the jurisdiction of the division of alcohol and tobacco control or any other state agency and the Missouri courts concerning enforcement of this section and any related laws, rules, or regulations.
3. The wine direct shipper licensee may annually renew with the division of alcohol and tobacco control by providing the division of alcohol and tobacco control all required items provided in subsection 1 of this section.
4. Notwithstanding any law, rule, or regulation to the contrary, any carrier may apply for and the supervisor of alcohol and tobacco control may issue an alcohol carrier license, as provided in this section, which allows the carrier to transport and deliver shipments of alcohol directly to a resident of Missouri who is at least twenty-one years of age or older. Before transporting any shipment of alcohol to a resident of Missouri, the carrier shall first obtain an alcohol carrier license by filing an application with the division of alcohol and tobacco control.
5. All alcohol carrier licensees shall:
(1) Not deliver to any person under twenty-one years of age, or to any intoxicated person, or any person appearing to be in a state of intoxication;
(2) Require valid proof of identity and age;
(3) Obtain the signature of an adult as a condition of delivery; and
(4) Keep records of alcohol shipped which includes the license number and name of the winery or retailer, quantity of alcohol shipped, recipient's name and address, and an electronic or paper form of signature from the recipient of the alcohol.
6. The division of alcohol and tobacco control may promulgate rules to effectuate the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.
311.420. 1. No person, except carriers regulated by the motor carrier and railroad safety division of the department of economic development under chapters 387, 389 and 390, RSMo, shall transport into, within, or through the state of Missouri any intoxicating liquors in quantities larger than five gallons unless such person holds a valid license or permit from the supervisor of liquor control of the state of Missouri to do so. For such license, there shall be paid to the director of revenue the sum of ten dollars per annum. Application for such license shall be made to the supervisor of liquor control of the state of Missouri and each applicant shall submit with his application a bond in the penal sum of one thousand dollars with sufficient surety to be approved by the supervisor of liquor control, conditioned that he will not violate any provisions of the liquor control laws of this state or any regulation promulgated under such liquor control laws, and any violation of such condition shall work a forfeiture of such bond to the state of Missouri. The license year shall end on June thirtieth, and the applicant shall pay as many twelfths as there are months, with each part of a month being counted as a month, remaining from the date of the license to the next succeeding July first. The supervisor of liquor control may issue single transaction licenses, for which there shall be paid to the director of revenue the sum of five dollars, and, if the value of the liquor to be transported exceeds one hundred dollars, the permit shall not be issued until the bond provided for above in this section is given to the state. No such transporter's license shall be required of any person licensed by the supervisor of liquor control whose licensed premises are located in the state of Missouri, nor shall it be necessary to procure a license to transport liquor purchased from a retail liquor dealer duly licensed by the supervisor of liquor control of the state of Missouri. No license or permit shall be required to transport industrial alcohol.
2. The qualifications prescribed for the issuance of other licenses by the provisions of the liquor control law shall not apply to licenses issued under this section, but no license shall be issued to any person who is not of good moral character or who has been convicted since the ratification of the twenty-first amendment to the Constitution of the United States of the violation of any law applicable to the manufacture or sale of intoxicating liquor, nor to any person who has had a license from the supervisor of liquor control revoked. If applicant is a corporation, the managing officer thereof must possess the qualifications prescribed in this section.
3. Carriers licensed under this section or carriers exempt from holding a permit under this section shall not deliver alcohol to a consumer of this state without obtaining an alcohol carrier license under subsection 4 of section 311.185.
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