state of missouri alcohol & tobacco laws & regulations

STATE OF MISSOURI

ALCOHOL & TOBACCO

LAWS & REGULATIONS

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LIQUOR CONTROL

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Chapter 311, RSMo

STATE OF MISSOURI

MO STATE ALCOHOL AND TOBACCO CONTROL OFFICES

District I (Kansas City): (816) 743-8888

District II (Jefferson City) & Headquarters: (573) 751-2333

District III (St. Louis): (314) 416-6280

District IV (Springfield): (417) 895-5004

Website: www.atc.dps.mo.gov

Facebook: https://www.facebook.com/atcmogov/

The website provides links to Chapters 311 and 407 Missouri Revised Statutes, and the Code of State Regulations.

Chapter 311

Liquor Control Law

General Provisions

Sections:

311.010. Title of law.

311.015. Purpose clause.

311.020. Definition of intoxicating liquor.

311.025. Definition of Missouri Bourbon Whiskey

311.028. Ozark Highlands spirits, qualification as, requirements —

Single Malt, qualification as — Ozark Highlands map

311.030. Definition of person.

311.040. Application of law.

Licenses and Regulations

311.050. License required.

311.055. License to manufacture not required, personal or family use-

-limitation--removal from premises permitted, when--

inapplicability, when.

311.060. Qualifications for licenses–resident corporation and financial

interest defined--revocation, effect of, new license, when.

311.061. Stock ownership not deemed financial interest, when.

311.070. Financial interest in retail businesses by certain licensees

prohibited exceptions–penalties–definitions–activities per-

mitted between wholesalers and licensees–certain contracts

unenforceable–contributions to certain organizations per-

mitted, when–sale of Missouri wines only, license issued,

when.

311.071. Special events, not-for-profit organizations, contributions of

money permitted, when.

311.075. Financial interests in distillery in close proximity to a

recreational resort. (08/28/2017 Distiller Resort License)

311.080. Sale of liquor prohibited near schools and churches, excep-

tions.

311.082. Labeling of kegs sold at retail for off-premise consumption,

procedures.

311.085. License for sale of intoxicating liquor by the drink in unin-

corporated areas of county–sale of malt liquor and light wines

by drink and in package, annual fee (first class charter

counties).

311.086. Portable bars, entertainment district special license–defini-

tions–issuance, procedure (Kansas City).

311.087. Repealed L. 2012 H.B. 1498 § A.

311.088. Special permit for sale of intoxicating liquor by the drink

from 6 a.m. to 3 a.m. the following day--limit on number of

permits per year--fee (Kansas City).

311.089. Sunday liquor sales by the drink, permitted when (St. Louis

City, Kansas City).

311.090. Sale of liquor by the drink, cities, requirements.

311.091. Boat or vessel, liquor sale by drink, requirements, fee.

311.092. Liquor by the drink on vessels regularly moored in city of St.

Louis.

311.093. Repealed L. 2012 H.B. 1498 § A.

311.095. Resorts, seasonal resort restaurants, restaurants, sale of liquor

by the drink, resort defined–temporary license, new

businesses, when.

311.096. Common eating and drinking area, defined–licenses for sale

of liquor by the drink not for consumption on premises– fees–

extended hours for convention trade areas.

311.097. Repealed L. 2012 H.B. 1498 § A.

311.098. Repealed L. 2012 H.B. 1498 § A.

311.099. Controlled access liquor cabinet system for qualified estab-

lishments–definitions–license–employees, requirements–

temporary license, when–sales to establishment, require-

ments.

311.100. Sale by drink defined.

311.101. Unfinished bottles of wine may be carried out of a restaurant

bar, when–transportation permitted–wineries, unfinished

bottles of wine may be removed, when–transportation

permitted–definition of winery.

311.102. Repealed L. 2012 H.B. 1498 § A

311.104. Repealed L. 2012 H.B. 1498 § A

311.110. Election to determine whether liquor may be sold by drink–

procedure.

311.130. Form of ballot.

311.140. Result of election-favorable vote.

311.150 Result of election–unfavorable vote.

311.160. Question may be resubmitted, when–manner.

311.170. Local option provisions applicable only to sales for con-

sumption on premises.

311.174. Convention trade area, Kansas City, North Kansas City,

Jackson County, liquor sale by drink, extended hours for

business, requirements, fee.

311.176. Convention trade area, St. Louis City, liquor sale by drink,

extended hours for business, requirements, fee–resort

defined.

311.178. Convention trade area, St. Louis County, liquor sale by drink,

extended hours for business, requirements, fee–resort de-

fined.

311.179 St. Louis Lambert International Airport and Kansas City

International Airport, special permit, fee.

311.180. Manufacturers, wholesalers, solicitors–license fees–whole-

salers, sale to gaming commission licensees, allowed.

311.181. Wholesaler's license to sell malt liquor, geographical area

limitation–exception–requirements.

311.182. Exclusive areas for wholesalers–violation of area limitations

by wholesalers or brewers, penalties.

311.185. Shipments of alcohol to residents permitted, when.

311.190. Wine or brandy manufacturer's license, fee–use of materials

produced outside state, limitation, exception–what sales may

be made, when.

311.191. Vintage wine, definition–sale of vintage wine through

auction, authorized sellers–licenses to auction–auction

conducted, where, no consumption, issuance period, fee–

shipment out of state–tastings–auctioneer subject to

regulations–penalty.

311.192. Wine manufacturer defined.

311.193. Vintage wine, municipalities may sell by sealed bids–

issuance of license, restrictions–consumption on premises

prohibited, when–shipping–wine tastings– violations,

penalty.

311.195. Microbrewery, defined–license, fee–retail license allowed,

procedure–sale to wholesalers allowed, when–certain

exemptions, when.

311.196. Consumption off the premises, sale of beer permitted for

restaurant bar without an on-site brewery, when.

311.197. Samples, furnishing and acceptance of, when.

311.198. Portable refrigeration units, lease to retail licensee, when —

requirements — duration of lease — rulemaking authority —

expiration date. (1/1/2026)

311.200. Licenses–retail liquor dealers–fees–applications.

311.201. Draft beer, sale of 32 to 128 fluid ounces dispensed on

premises for consumption off premises — requirements.

311.202 Sale of retailer-packaged alcoholic beverages to customers in

containers for off-premises consumption, when —

requirements. (effective 8/28/2021)

311.205 Table Top Dispensing- Allowed, requirements

311.210. Application–remittance, made to whom, powers of super-

visor.

311.211. Fishing skills contest, ticket sales to participants on premises

not grounds to deny license.

311.212. Licenses, suspension or revocation of, violations occurring

more than three years prior, not valid grounds

311.218. Fourth of July celebrations, temporary permits for wine and

malt liquor for certain organizations, fee.

311.220. Counties and cities may charge for licenses — amount —

display of license.

311.230. Application for license to manufacture or sell made to

supervisor.

311.240. Period of license–federal license required–contents of

license–renewals.

311.250. Licenses nontransferable–exceptions.

311.260. More than three licenses by any one person prohibited,

exception.

311.265. Retailer going out of business in debt to wholesaler,

procedure–new license prohibited.

311.270. License for sale of malt liquor only–certain restrictions–

penalty for violation.

311.273. Repealed L. 2012 H.B. 1498 § A.

311.275. Wholesale-solicitors registration required — primary

American source of supply, defined — vintage wine

registration — approval of application, when.

311.280. Unlawful for licensed retailer to purchase from other than

licensed wholesaler–prohibited acts.

311.290. Time fixed for opening and closing premises–closed place

defined–penalty.

311.293. Sunday sales licensee allowed, hours, fee–city or county may

also charge fee, limitations.

311.294. Wine and malt beverages, permit to allow tasting on

premises– limitations.

311.297. Alcohol samples for tasting off licensed retail premises, when.

311.298. Certain holidays, sale by the drink on Sunday allowed.

311.299. Warning sign displayed, liquor licenses–violations

311.300. Persons eighteen years of age or older may sell or handle

liquor or beer, when.

311.310. Sale to minor–certain other persons, misdemeanor–excep-

tions–permitting drinking or possession by a minor, penalty,

exception–defenses.

311.315. Manufacturing a false identification, offense of — penalty.

311.320. Misrepresentation of age by minor to obtain liquor–use of

altered driver's license, passport or I.D. cards, penalties.

311.325. Purchase or possession by minor, penalty — container need

not be opened and contents verified, when — consent to

chemical testing deemed given, when — burden of proof on

violator to prove not intoxicating liquor — section not

applicable to certain students, requirements.

311.326. Expungement of record permitted, when.

311.328. Identification, acceptable forms.

311.329. Reproduction or alteration of identification card, penalty.

311.330. Unauthorized liquors prohibited on premises licensed for sale

by drink, exceptions.

311.332. Wholesale price regulation, discrimination prohibited–

delivery to certain organizations for nonresale purposes,

allowed when–donation permitted, when.

311.333. Wholesalers, returns of alcoholic beverages to, supervisor to

regulate--wholesaler pricing to be made available to retailers,

when.

311.334. Repealed L. 2009 H.B. 132 § A.

311.335. Liquor sales by wholesalers, delivery price--delayed

shipment--sale of close-out merchandise permitted, when.

311.336. Repealed L. 2009 H.B. 132 § A.

311.338. Violation of wholesale price regulations, misdemeanor–sus-

pension of license.

311.340. Mixing liquor with drugs prohibited.

311.355. Manufacturer rebate coupons by wholesalers, regulation of.

311.360. Misrepresentation of brand of liquor unlawful, penalty —

exceptions.

311.370. Liquor in storage–report to supervisor, when–contents of

report.

311.373. Beer required to be in possession of licensed wholesaler prior

to sale at retail.

311.380. Warehouse receipts–unlawful to sell or give away–penalty.

311.390. Duty of carriers to furnish certain information–penalty for

failure–proceedings.

311.400. Unclaimed shipments of liquor may be sold.

311.401. Repossessed liquor, sale by lending institution, when–no

license required.

311.410. Transportation of intoxicating liquor into or through state,

when permitted.

311.420. Transporter's license–fee–bond–qualifications–certain

carriers exempt.

311.430. Revocation of transporter's license.

311.440. Transporter's license to be exhibited to officers, when.

311.450. Bill of lading to accompany transported alcoholic liquors–

contents–inspection.

311.460. Violation of sections 311.410 to 311.450, penalty.

311.462 (Repealed L. 2017 H.B. 115)

311.470. Repealed L. 2010 H.B. 1965§ A.

311.480. Eating places, drinking of intoxicating liquor on premises,

license required, when, hours–regulations– penalties–

exceptions.

311.481. Repealed L. 2012 H.B. 1498 § A.

311.482. Temporary permit for sale by drink may be issued to certain

organizations, when, duration– collection of sales taxes,

notice to director of revenue.

311.483. Festivals, temporary permit to sell liquor by the drink,

procedure.

311.485. Temporary location for liquor by the drink, caterers–permit

and fee required–other laws applicable, exception.

311.486. Special license, drink at retail for consumption on the

premises, when — duration of license — fees.

311.487. Annual license for beer and wine sales at state fair, issued

when, fee–subject to laws of municipality.

311.489. Repealed L. 2014 H.B. 1298 Revision § A.

Inspection and Excises

311.490. Ingredients of beer–intoxicating malt liquor.

311.500. Inspection of breweries–by whom.

311.510. Inspection of malt liquors — duty of supervisor — product

samples not required for approval.

311.520. Fee for inspecting and gauging malt liquors.

311.530. Inspection of beer–exported out of state.

311.540. Liquor inspection, labeling and gauging–requirements.

311.550. Additional revenue charges–fines and penalties.

311.553. Monthly returns and payment of additional charges required–

failure to pay, penalty.

311.554. Privilege of selling wine, additional revenue charge–pur-

pose– limitation on use of revenue.

311.555. Bond–failure to file–forfeiture.

311.557. License, revocation.

311.561. Charges, how paid and collected.

311.580. Possession of illegal or untaxed liquor prohibited–manufac-

turers, blenders and wholesalers excepted, when.

311.600. Unlawful to sell unlabeled liquor–penalty.

Administration of Law–License Suspension

311.610. Supervisor of liquor control–appointment, bond, duties,

assistants–minimum compensation provided.

311.615. Division of alcohol and tobacco control established, duties.

311.620. Qualification and requirements of agent, assistant, deputy, or

inspector.

311.630. Peace officers–authorized to make arrests for certain viola-

tions–method of selection–duty of supervisor.

311.640. Supervisor–employees not permitted to have interest in

liquor business.

311.650. Offices of supervisor.

311.660. Powers of supervisor–regulations–subpoenas.

311.665. Sales and use tax must be paid to renew license — statement

required.

311.670. Failure of supervisor and employees to perform duties.

311.680. Disorderly place, warning, probation, suspension or revoca-

tion of license, when, notice–civil penalty.

311.685. Civil actions permitted, when.

311.691. Review by administrative hearing commission.

311.710. Additional complaints–by whom made–procedure.

311.720. License automatically revoked upon conviction–exceptions.

311.722. Alcohol and tobacco control, minors not to be used in

enforcement, exceptions–standards–minors immune from

liability, when.

311.730. Fees paid into general revenue fund and division of alcohol

and tobacco control fund.

311.735. Division of alcohol and tobacco control fund created, use of

moneys.

Enforcement and Penalties

311.740. Maintaining public nuisance–penalty.

311.750. Action to enjoin nuisance–procedure.

311.760. Penalty for violation of terms of injunction.

311.770. Duty of prosecuting attorney–failure to perform.

311.780. List of complaints, revocations, suspensions to prosecuting

attorneys–attorney general, when.

311.790. Prosecution of violations, by whom–fees and expenses.

311.800. Attorney general may direct prosecuting attorneys to conduct

prosecutions.

311.810. Search warrants, how issued–search and seizure–procedure–

arrests–disposition of perishable products.

311.820. Search of vehicles for contraband liquor–use of evidence

found.

311.830. Transported liquor and vehicle to be seized as contraband,

when.

311.840. Action to forfeit seized liquor as contraband–notice–inter-

vention–judgment–appeal–sale of forfeited liquor–liability of

officers–prosecutor's duties.

311.850. Action to replevin seized liquor, limitations, procedure–

damages–appeals–sale of seized liquor–duties of prosecuting

officials.

311.860. Fees and mileage of officers executing search warrants.

311.868. Fines for violations by manufacturers and distillers to super-

sede other penalties.

311.870. Execution on default by corporation in payment of fine.

311.880. Violation a misdemeanor–penalty.

311.915. Special permit for festivals — limit on shipment in state —

excise taxes — duration of permit.

311.950. Entertainment facilities, purchase through mobile

applications — identification required — rulemaking

authority.

General Provisions

311.010. Title of law.

This law may be cited as the "Liquor Control Law".

(RSMo 1939 § 4874) (1941) Right to traffic in intoxicating liquor is not a "natural right",

such business not being lawful except as authorized by law. Therefore it may be fully

regulated by law and such regulation does not violate natural rights of citizens. State ex

rel. Klein v. Balsiger (A.), 151 S.W.2d 521. Statutes

(1950) State ex rel. Hospital v. Nangle (A.), 230 S.W.2d 128.

311.015. Purpose clause.

Alcohol is, by law, an age-restricted product that is regulated

differently than other products. The provisions of this chapter

establish vital state regulation of the sale and distribution of alcohol

beverages in order to promote responsible consumption, combat

illegal underage drinking, and achieve other important state policy

goals such as maintaining an orderly marketplace composed of state-

licensed alcohol producers, importers, distributors, and retailers.

(L. 2007 S.B. 299 & S.B. 616) Statutes

311.020. Definition of intoxicating liquor.

The term "intoxicating liquor" as used in this chapter shall mean and

include alcohol for beverage purposes, alcoholic, spirituous, vinous,

fermented, malt, or other liquors, or combination of liquors, a part of

which is spirituous, vinous, or fermented, and all preparations or

mixtures for beverage purposes, containing in excess of one-half of

one percent by volume. All beverages having an alcoholic content of

less than one-half of one percent by volume shall be exempt from the

provisions of this chapter, but subject to inspection as provided by

sections 196.365 to 196.445*.

(RSMo 1939 § 4894, A.L. 1990 H.B. 1180, A.L. 2009 H.B. 132) Statutes

*Sections 196.365 to 196.445 were repealed in 2003 by H.B. 600 merged with S.B. 175.

311.025. Definition of Missouri Bourbon Whiskey

1. To qualify as "Missouri Bourbon" or "Missouri Bourbon Whiskey",

and to be labeled as such, a product shall be a spirit that meets the

following conditions:

(1) The product shall be mashed, fermented, distilled, aged, and

bottled in Missouri; and

(2) The product shall be aged in oak barrels manufactured in

Missouri.

2. Beginning January 1, 2020, to qualify as "Missouri Bourbon" or

"Missouri Bourbon Whiskey", and to be labeled as such, all corn used

in the mash must be Missouri-grown corn.

(L. 20196 H B 266) Statutes

311.028. Ozark Highlands spirits, qualification as, requirements

— Single Malt, qualification as — Ozark Highlands map

1. (1) To qualify as "Ozark Highlands" spirits, and to be labeled as

such for sale in Missouri, a product shall meet the following

conditions:

(a) The product shall be mashed, fermented, distilled, aged, and

bottled in the Ozark Highlands region;

(b) The product shall be aged in barrels manufactured from

Missouri;

springs or deep wells in the Ozark Highlands, and without chlorination

or added chemicals such as fluoride; and

(d) The minimum age of a whiskey shall be four years.

(2) To qualify as "Ozark Highlands" spirits, and to be labeled as

such for sale in Missouri, an unaged product, such as gin or vodka,

shall meet the following conditions:

(a) The product shall be mashed, fermented, distilled, and bottled

in the Ozark Highlands region; and

(b) The water source shall be untreated or natural from natural

springs or deep wells in the Ozark Highlands, and without

chlorination or added chemicals such as fluoride.

2. To additionally qualify as "Single Malt", the final product shall be

distilled and bottled at a single distillery.

3. The product shall be further certified, by seal or other means, by the

Ozark Highland Distillers Guild as a qualifying "Ozark Highlands"

product.

4. For the purposes of this section, the Missouri department of natural

resources shall produce, in collaboration with the Ozark Highland

Distillers Guild, and publish an official map of the Ozark Highlands

region.

(L. 2022 H.B. 1738)

311.030. Definition of person.

The term "person" as used in this chapter shall mean and include any

individual, association, joint stock company, syndicate, copartnership,

corporation, receiver, trustee, conservator, or other officer appointed

by any state or federal court.

(RSMo 1939 § 4934) Statutes

311.040. Application of law.

The provisions of this law shall be in force in and apply to every

incorporated city, town or village in this state, whether same be

organized under the general law relating to cities, towns and villages,

or by special charter under the state constitution, any ordinance or

charter provision of any city, town or village to the contrary

notwithstanding.

(RSMo 1939 § 4908) (1957) City ordinance prohibiting sales by any wholesaler to

retailers who are delinquent in payment of accounts to any wholesaler held valid and not

in conflict with either the liquor control law or the nonintoxicating beer law. Passler v.

Johnson (Mo.), 304 S.W.2d 903. Statutes

Licenses and Regulations

311.050. License required.

It shall be unlawful for any person, firm, partnership or corporation to

manufacture, sell or expose for sale in this state intoxicating liquor, as

defined in section 311.020, in any quantity, without taking out a

license. Statutes

(RSMo 1939 § 4895) (1943) Objection to use of word "spirituous" in information charging

sale of "spirituous intoxicating liquor" held without merit. State v. Varnon (Mo.), 174

S.W.2d 146. (1955) Where evidence showed that whiskey purchased was poured from

"shot" glass into Coca-Cola bottle, that such bottle may have contained some other liquid,

it was not error to admit it in evidence, in prosecution for sale without license, even

though alcoholic content of liquor therein was less than that in bottle from which

testimony showed it was poured. State v. Krout (Mo.), 282 S.W.2d 529.

311.055. License to manufacture not required, personal or

family use–limitation—removal from premises permitted, when

—inapplicability, when.

1. No person at least twenty-one years of age shall be required to

obtain a license to manufacture intoxicating liquor, as defined in

section 311.020, for personal or family use. The aggregate amount of

intoxicating liquor manufactured per household shall not exceed two

hundred gallons per calendar year if there are two or more persons

over the age of twenty-one years in such household, or one hundred

gallons per calendar year if there is only one person over the age of

twenty-one years in such household. Any intoxicating liquor

manufactured under this section shall not be sold or offered for sale.

2. Beer brewed under this section may be removed from the premises

where brewed for personal or family use, including use at organized

events, exhibitions, or competitions, such as home brewer contests,

tastings, or judging. The use may occur off licensed retail premises, on

any premises under a temporary retail license issued under section*

311.218, 311.482, 311.485, 311.486, or 311.487, or on any tax exempt

organization's licensed premises as described in section 311.090.

3. Any beer brewed under this section used at an organized event

where an admission fee is paid for entry, at which the beer is available

without a separate charge, shall not be deemed a sale of beer, provided

that the person who brewed the beer receives none of the proceeds

from the admission fee and all consumption is conducted off licensed

retail premises, under the premises of a temporary retail license issued

under section 311.218, 311.482, 311.485, 311.486, or 311.487, or on

any tax exempt organization's licensed premises as described in

section 311.090. Statutes

(L. 1995 S.B. 468, A.L. 2009 H.B. 132, A.L. 2013 S.B. 121, A.L. 2014 H.B. 1304)

*Word "sections" appears in original rolls.

311.060. Qualifications for licenses–resident corporation and

financial interest defined--revocation, effect of, new license, when.

1. No person shall be granted a license hereunder unless such person is

of good moral character and a qualified legal voter and a taxpaying

citizen of the county, town, city or village, nor shall any corporation

be granted a license hereunder unless the managing officer of such

corporation is of good moral character and a qualified legal voter and

taxpaying citizen of the county, town, city or village; and, except as

otherwise provided under subsection 7 of this section, no person shall

be granted a license or permit hereunder whose license as such dealer

has been revoked, or who has been convicted, since the ratification of

the twenty-first amendment to the Constitution of the United States, of

a violation of the provisions of any law applicable to the manufacture

or sale of intoxicating liquor, or who employs in his or her business as

such dealer any person whose license has been revoked unless five

years have passed since the revocation as provided under subsection 6

of this section, or who has been convicted of violating such law since

the date aforesaid; provided, that nothing in this section contained

shall prevent the issuance of licenses to nonresidents of Missouri or

foreign corporations for the privilege of selling to duly licensed

wholesalers and soliciting orders for the sale of intoxicating liquors to,

by or through a duly licensed wholesaler, within this state.

2. (1) No person, partnership or corporation shall be qualified for a

license under this law if such person, any member of such partnership,

or such corporation, or any officer, director, or any stockholder

owning, legally or beneficially, directly or indirectly, ten percent or

more of the stock of such corporation, or other financial interest

therein, or ten percent or more of the interest in the business for which

the person, partnership or corporation is licensed, or any person

employed in the business licensed under this law shall have had a

license revoked under this law except as otherwise provided under

subsections 6 and 7 of this section, or shall have been convicted of

violating the provisions of any law applicable to the manufacture or

sale of intoxicating liquor since the ratification of the twenty-first

amendment to the Constitution of the United States, or shall not be a

person of good moral character.

(2) No license issued under this chapter shall be denied, suspended,

revoked or otherwise affected based solely on the fact that an

employee of the licensee has been convicted of a felony unrelated to

the manufacture or sale of intoxicating liquor. The division of liquor

control shall promulgate rules to enforce the provisions of this

subdivision.

(3) No wholesaler license shall be issued to a corporation for the

sale of intoxicating liquor containing alcohol in excess of five percent

by weight, except to a resident corporation as defined in this section.

3. A "resident corporation" is defined to be a corporation

incorporated under the laws of this state, all the officers and directors

of which, and all the stockholders, who legally and beneficially own

or control sixty percent or more of the stock in amount and in voting

rights, shall be qualified legal voters and taxpaying citizens of the

county and municipality in which they reside and who shall have been

bona fide residents of the state for a period of three years continuously

immediately prior to the date of filing of application for a license,

provided that a stockholder need not be a voter or a taxpayer, and all

the resident stockholders of which shall own, legally and beneficially,

at least sixty percent of all the financial interest in the business to be

licensed under this law; provided, that no corporation, licensed under

the provisions of this law on January 1, 1947, nor any corporation

succeeding to the business of a corporation licensed on January 1,

1947, as a result of a tax-free reorganization coming within the

provisions of Section 112, United States Internal Revenue Code, shall

be disqualified by reason of the new requirements herein, except

corporations engaged in the manufacture of alcoholic beverages

containing alcohol in excess of five percent by weight, or owned or

controlled, directly or indirectly, by nonresident persons, partnerships

or corporations engaged in the manufacture of alcoholic beverages

containing alcohol in excess of five percent by weight.

4. The term "financial interest" as used in this chapter is defined to

mean all interest, legal or beneficial, direct or indirect, in the capital

devoted to the licensed enterprise and all such interest in the net

profits of the enterprise, after the payment of reasonable and necessary

operating business expenses and taxes, including interest in dividends,

preferred dividends, interest and profits, directly or indirectly paid as

compensation for, or in consideration of interest in, or for use of, the

capital devoted to the enterprise, or for property or money advanced,

loaned or otherwise made available to the enterprise, except by way of

ordinary commercial credit or bona fide bank credit not in excess of

credit customarily granted by banking institutions, whether paid as

dividends, interest or profits, or in the guise of royalties, commissions,

salaries, or any other form whatsoever.

5. The supervisor shall by regulation require all applicants for licenses

to file written statements, under oath, containing the information

reasonably required to administer this section. Statements by

applicants for licenses as wholesalers and retailers shall set out, with

other information required, full information concerning the residence

of all persons financially interested in the business to be licensed as

required by regulation. All material changes in the information filed

shall be promptly reported to the supervisor.

6. Any person whose license or permit issued under this chapter has

been revoked shall be automatically eligible to work as an employee

of an establishment holding a license or permit under this chapter five

years after the date of the revocation.

7. Any person whose license or permit issued under this chapter has

been revoked shall be eligible to apply and be qualified for a new

license or permit five years after the date of the revocation. The

person may be issued a new license or permit at the discretion of the

division of alcohol and tobacco control. If the division denies the

request for a new permit or license, the person may not submit a new

application for five years from the date of the denial. If the application

is approved, the person shall pay all fees required by law for the

license or permit. Any person whose request for a new license or

permit is denied may seek a determination by the administrative

hearing commission as provided under section 311.691. Statutes

(RSMo 1939 § 4906, A.L. 1947 V. I p. 370, A.L. 1987 H.B. 520 merged with H.B. 62 &

70, A.L. 2009 H.B. 132, A.L. 2016 S.B. 994, A.L. 2021 S.B. 26)

*Effective 10-14-16, see § 21.250. S.B. 994 was vetoed July 1, 2016. The veto was

overridden on September 14, 2016.

(1972) Eligibility for employee's liquor permit, lost following applicant's conviction of

violation of federal tax laws involving sale and manufacture of intoxicating liquors, was

reinstated by Presidential Pardon received after service in armed forces. Damiano v.

Burge (A.), 481 S.W.2d 562.

(1973) Conviction on misdemeanor charge of possessing obscene literature by 100%

stockholder held sufficient grounds for refusal of liquor by the drink license. Peppermint

Lounge Inc. v. Wright (Mo.), 498 S.W.2d 749.

(1975) Held governor's power to pardon is limited to criminal prosecutions and does not

extend to administrative revocation of license. The court also held that the governor has no

authority to “order” an action by the director of liquor control when the statute places such

duty on the director. Theodoro v. Department of Liquor Control (Mo.), 527 S.W.2d 350.

311.061. Stock ownership not deemed financial interest, when.

Notwithstanding the definition of "financial interest" contained in sec-

tion 311.060, service as a member of the board of directors of a corpo-

ration, the stock of which is traded on the New York or American

Stock Exchange or NASDAQ, or ownership of less than ten percent of

the outstanding shares in such corporation, shall not constitute a

financial interest in such corporation or a subsidiary thereof. Statutes

(L. 1985 H.B. 166, A.L. 1994 S.B. 474)

311.070. Financial interest in retail businesses by certain

licensees prohibited, exceptions--penalties--definitions--activities

permitted between wholesalers and licensees--certain contracts

unenforceable--contributions to certain organizations permitted,

when--sale of Missouri wines only, license issued, when.

1. Distillers, wholesalers, winemakers, brewers or their employees,

officers or agents shall not, except as provided in this section, directly

or indirectly, have any financial interest in the retail business for sale

of intoxicating liquors, and shall not, except as provided in this

section, directly or indirectly, loan, give away or furnish equipment,

money, credit or property of any kind, except ordinary commercial

credit for liquors sold to such retail dealers. However, notwithstanding

any other provision of this chapter to the contrary, for the purpose of

the promotion of tourism, a distiller whose manufacturing

establishment is located within this state may apply for and the

supervisor of alcohol and tobacco control may issue a license to sell

intoxicating liquor, as in this chapter defined, by the drink at retail for

consumption on the premises where sold; and provided further that the

premises so licensed shall be in close proximity to the distillery and

may remain open between the hours of 6:00 a.m. and 1:30 a.m.,

Monday through Saturday and between the hours of 6:00 a.m. on

Sundays and 1:30 a.m. on Mondays. The authority for the collection

of fees by cities and counties as provided in section 311.220, and all

other laws and regulations relating to the sale of liquor by the drink for

consumption on the premises where sold, shall apply to the holder of a

license issued under the provisions of this section in the same manner

as they apply to establishments licensed under the provisions of

section 311.085, 311.090, or 311.095.

2. Any distiller, wholesaler, winemaker or brewer who shall violate

the provisions of subsection 1 of this section, or permit his or her

employees, officers or agents to do so, shall be guilty of a

misdemeanor, and upon conviction thereof shall be punished as

follows:

(1) For the first offense, by a fine of one thousand dollars;

(2) For a second offense, by a fine of five thousand dollars; and

(3) For a third or subsequent offense, by a fine of ten thousand

dollars or the license of such person shall be revoked.

3. As used in this section, the following terms mean:

(1) "Consumer advertising specialties", advertising items that are

designed to be carried away by the consumer, such items include, but

are not limited to: trading stamps, nonalcoholic mixers, pouring racks,

ash trays, bottle or can openers, cork screws, shopping bags, matches,

printed recipes, pamphlets, cards, leaflets, blotters, postcards, pencils,

shirts, caps and visors;

(2) "Equipment and supplies", glassware (or similar containers

made of other materials), carbon dioxide (and other gasses used in

dispensing equipment), ice, nonrefrigerated rolling coolers, portable

bars, agitating tanks, tubs, tents not to exceed one hundred square feet

in size, and any permanently inscribed or securely affixed brand

identified nonrefrigerated item that promotes intoxicating liquor;

(3) "Nonrefrigeration dispensing accessories", includes

regulators, gauges, vents, nuts, clamps, splicers, keg stackers, washers,

shanks, wall brackets, beer and air distributors, beer line insulation,

beer and gas hoses, faucets, taps, tap standards, couplers, air pumps

draft arms, blankets or other coverings for temporary wrapping of

barrels, tavern head and their internal parts, and any other technology

or parts necessary to preserve and serve intoxicating liquor that are not

self-refrigerating;

(4) "Permanent point-of-sale advertising materials", advertising

items designed to be used within a retail business establishment for an

extended period of time to attract consumer attention to the products

of a distiller, wholesaler, winemaker or brewer. Such materials shall

only include inside signs (electric, mechanical or otherwise), mirrors,

table umbrellas, and sweepstakes/contest prizes displayed on the

licensed premises;

(5) "Product display", wine racks, portable branded

nonrefrigerated coolers, bins, barrels, casks, shelving or similar items

the primary function of which is to hold and display consumer

products;

(6) "Promotion", an advertising and publicity campaign to further

the acceptance and sale of the merchandise or products of a distiller,

wholesaler, winemaker or brewer;

(7) "Temporary point-of-sale advertising materials", advertising

items designed to be used for short periods of time. Such materials

include, but are not limited to: banners, decorations reflecting a

particular season or a limited-time promotion, or paper napkins,

coasters, cups, tap handles, ice buckets, condiment caddies, napkin

holders, bar rail mats, shakers, salt rimmers, or menus.

4. Notwithstanding other provisions contained herein, the distiller,

wholesaler, winemaker or brewer, or their employees, officers or

agents may engage in the following activities with a retail licensee

licensed pursuant to this chapter:

(1) The distiller, wholesaler, winemaker or brewer may give or sell

product displays to a retail business if all of the following

requirements are met:

(a) The total value of all product displays given or sold to a retail

business shall not exceed three hundred dollars per brand at any one

time in any one retail outlet. There shall be no combining or pooling

of the three hundred dollar limits to provide a retail business a product

display in excess of three hundred dollars per brand. The value of a

product display is the actual cost to the distiller, wholesaler,

winemaker or brewer who initially purchased such product display.

Transportation and installation costs shall be excluded;

(b) All product displays shall bear in a conspicuous manner sub-

stantial advertising matter on the product or the name of the distiller,

wholesaler, winemaker or brewer. The name and address of the retail

business may appear on the product displays; and

the purchase of intoxicating beverages advertised on the displays by

the retail business in a quantity necessary for the initial completion of

the product display. No other condition shall be imposed by the

distiller, wholesaler, winemaker or brewer on the retail business in

order for such retail business to obtain the product display;

(2) Notwithstanding any provision of law to the contrary, the

distiller, wholesaler, winemaker or brewer may provide, give or sell

any permanent point-of-sale advertising materials, and consumer

advertising specialties to a retail business if all the following

requirements are met:

(a) The total value of all permanent point-of-sale advertising

materials provided to a retail business by a distiller, wholesaler,

winemaker, or brewer shall not exceed five hundred dollars per

calendar year, per brand, per retail outlet. The replacement of similar

in appearance, type, and dollar value permanent point-of-sale

advertising materials that are damaged and nonfunctioning shall not

count towards the maximum of five hundred dollars per calendar year,

per brand, per retail outlet. The value of permanent point-of-sale

advertising materials is the actual cost to the distiller, wholesaler,

winemaker or brewer who initially purchased such item.

Transportation and installation costs shall be excluded. All permanent

point-of-sale advertising materials provided to a retailer shall be

recorded, and records shall be maintained for a period of three years;

(b) The provider of permanent point-of-sale advertising materials

shall own and otherwise control the use of permanent point-of-sale

advertising materials that are provided by any distiller, wholesaler,

winemaker, or brewer;

point-of-sale advertising materials, and consumer advertising special-

ties shall bear in a conspicuous manner substantial advertising matter

about the product or the name of the distiller, wholesaler, winemaker

or brewer. The name, address and logos of the retail business may

appear on the permanent point-of-sale advertising materials,

temporary point of-sale advertising materials, or the consumer

advertising specialties; and

(d) The distiller, wholesaler, winemaker or brewer shall not directly

or indirectly pay or credit the retail business for using or distributing

the permanent point-of-sale advertising materials, temporary point-of-

sale advertising materials, or consumer advertising specialties or for

any incidental expenses arising from their use or distribution;

(3) A distiller, wholesaler, winemaker, or brewer may give a gift not

to exceed a value of one thousand dollars per year to a holder of a

temporary permit as described in section 311.482;

(4) The distiller, wholesaler, winemaker, or brewer may sell

equipment and supplies to a retail business if all the following

requirements are met:

(a) The equipment and supplies shall be sold at a price not less than

the cost to the distiller, wholesaler, winemaker or brewer who initially

purchased such equipment and supplies; and

(b) The price charged for the equipment and supplies shall be col-

lected in accordance with credit regulations as established in the code

of state regulations;

(5) The wholesaler or brewer may install nonrefrigeration

dispensing accessories at the retail business establishment, which shall

include for the purposes of beer equipment to properly preserve and

serve draught beer only and to facilitate the delivery to the retailer the

brewers and wholesalers may lend, give, rent or sell and they may

stall or repair nonrefrigeration dispensing accessories and damage

caused by any beer delivery excluding normal wear and tear. A

complete record of equipment and supplies, and nonrefrigeration

dispensing accessories furnished and installed and repairs and service

made or rendered must be kept by the brewer or wholesalers

furnishing, making or rendering same for a period of not less than one

year;

(6) The distiller, wholesaler, winemaker or brewer may furnish,

give or sell cleaning and sanitation services to a retailer to preserve

product integrity of distilled spirits, wine, or malt beverages;

(7) A wholesaler of intoxicating liquor may furnish or give and a

retailer may accept a sample of distilled spirits or wine as long as the

retailer has not previously purchased the brand from that wholesaler,

if all the following requirements are met:

(a) The wholesaler may furnish or give not more than seven

hundred fifty milliliters of any brand of distilled spirits and not more

than seven hundred fifty milliliters of any brand of wine; if a

particular product is not available in a size within the quantity

limitations of this subsection, a wholesaler may furnish or give to a

retailer the next larger size;

(b) The wholesaler shall keep a record of the name of the retailer

and the quantity of each brand furnished or given to such retailer;

liquor provided to retailers shall be consumed on the premises nor

shall any sample of intoxicating liquor be opened on the premises of

the retailer except as provided by the retail license;

(d) For the purpose of this subsection, the word "brand" refers to

differences in brand name of product or differences in nature of

product; examples of different brands would be products having a

difference in: brand name; class, type or kind designation; appellation

of origin (wine); viticulture area (wine); vintage date (wine); age

(distilled spirits); or proof (distilled spirits); differences in packaging

such as different style, type, size of container, or differences in color

or design of a label are not considered different brands;

(8) The distiller, wholesaler, winemaker or brewer may package and

distribute intoxicating beverages in combination with other nonalco-

holic items as originally packaged by the supplier for sale ultimately

to consumers; notwithstanding any provision of law to the contrary,

for the purpose of this subsection, intoxicating liquor and wine

holesalers are not required to charge for nonalcoholic items any

more than the actual cost of purchasing such nonalcoholic items from

the supplier;

(9) T

he distiller, wholesaler, winemaker or brewer may sell or give

the retail business newspaper cuts, mats or engraved blocks for use in

the advertisements of the retail business;

(10) The distiller, wholesaler, winemaker or brewer may in an

advertisement list the names and addresses of two or more unaffiliated

retail businesses selling its product if all of the following requirements

are met:

(a) The advertisement shall not contain the retail price of the

product;

(b) The listing of the retail businesses shall be the only reference to

such retail businesses in the advertisement;

inconspicuous in relation to the advertisement as a whole; and

(d) The advertisement shall not refer only to one retail business or

only to a retail business controlled directly or indirectly by the same

retail business;

(11) Distillers, winemakers, wholesalers, brewers or retailers may

conduct a local or national sweepstakes/contest upon a licensed retail

premise. The sweepstakes/contest prize dollar amount shall not be

limited and can be displayed in a photo, banner, or other temporary

point-of-sale advertising materials on a licensed premises, if the

following requirements are met;

(a) No money of something of value is given to the retailer for the

privilege or opportunity of conducting the sweepstakes or contest; and

(b) The actual sweepstakes/contest prize is not displayed on the

licensed premises if the prize value exceeds the permanent point-of-

sale advertising materials dollar limit provided in this section;

(12) The distiller, wholesaler, winemaker or brewer may stock,

rotate, rearrange or reset the products sold by such distiller,

wholesaler, wine-maker or brewer at the establishment of the retail

business so long as the products of any other distiller, wholesaler,

winemaker or brewer are not altered or disturbed;

(13) The distiller, wholesaler, winemaker or brewer may provide a

recommended shelf plan or shelf schematic for distilled spirits, wine

or malt beverages;

(14) The distiller, wholesaler, winemaker or brewer participating in

the activities of a retail business association may do any of the

following:

(a) Display, serve, or donate its products at or to a convention or

trade show;

(b) Rent display booth space if the rental fee is the same paid by all

others renting similar space at the association activity;

association activity;

(d) Purchase tickets to functions and pay registration fees if such

purchase or payment is the same as that paid by all attendees,

participants or exhibitors at the association activity; and

(e) Make payments for advertisements in programs or brochures

issued by retail business associations if the total payments made for all

such advertisements are fair and reasonable;

(f) Pay dues to the retail business association if such dues or

payments are fair and reasonable;

(g) Make payments or donations for retail employee training on

preventive sales to minors and intoxicated persons, checking

identifications, age verification devices, and the alcohol and tobacco

control laws;

(h) Make contributions not to exceed one thousand dollars per

calendar year for transportation services that shall be used to assist

patrons from retail establishments to his or her residence or overnight

accommodations;

(i) Donate or serve up to five hundred dollars per event of alcoholic

products at retail business association activities; and

(j) Any retail business association that receives payments or

donations shall, upon written request, provide the division of alcohol

and tobacco control with copies of relevant financial records and

documents to ensure compliance with this subsection;

(15) The distiller, wholesaler, winemaker or brewer may sell or give

a permanent outside sign to a retail business if the following require-

ments are met:

(a) The sign, which shall be constructed of metal, glass, wood,

plastic, or other durable, rigid material, with or without illumination,

or painted or otherwise printed onto a rigid material or structure, shall

bear in a conspicuous manner substantial advertising matter about the

product or the name of the distiller, wholesaler, winemaker, or brewer;

(b) The retail business shall not be compensated, directly or

indirectly, for displaying the permanent sign or a temporary banner;

dollars; and

(d) Temporary banners of a seasonal nature or promoting a specific

event shall not be constructed to be permanent outdoor signs and may

be provided to retailers. The total cost of temporary outdoor banners

provided to a retailer in use at any one time shall not exceed five hun-

dred dollars per brand;

(16) A wholesaler may, but shall not be required to, exchange for

an equal quantity of identical product or allow credit against

outstanding indebtedness for intoxicating liquor with alcohol content

of less than five percent by weight and malt liquor that was delivered

in a damaged condition or damaged while in the possession of the

retailer;

(17) To assure and control product quality, wholesalers at the time

of a regular delivery may, but shall not be required to, withdraw, with

the permission of the retailer, a quantity of intoxicating liquor with

alcohol content of less than five percent by weight and malt liquor in

its undamaged original carton from the retailer's stock, if the

wholesaler replaces the product with an equal quantity of identical

product;

(18) In addition to withdrawals authorized pursuant to subdivision

(17) of this subsection, to assure and control product quality,

wholesalers at the time of a regular delivery may, but shall not be

required to, withdraw, with the permission of the retailer, a quantity of

intoxicating liquor with alcohol content of less than five percent by

weight and malt liquor in its undamaged original carton from the

retailer's stock and give the retailer credit against outstanding

indebtedness for the product if:

(a) The product is withdrawn at least thirty days after initial

delivery and within twenty-one days of the date considered by the

manufacturer of the product to be the date the product becomes

inappropriate for sale to a consumer; and

(b) The quantity of product withdrawn does not exceed the

equivalent of twenty-five cases of twenty-four twelve-ounce

containers; and

not be required to, give a retailer credit for intoxicating liquor with an

alcohol content of less than five percent by weight and malt liquor, in

a container with a capacity of four gallons or more, delivered but not

used, if the wholesaler removes the product within seven days of the

initial delivery;

(19) Wholesalers shall distribute consumer advertising specialties,

equipment and supplies, nonrefrigeration dispensing accessories,

permanent point-of-sale advertising materials, product display,

promotion, and temporary point-of-sale advertising materials to their

retailers in a fair and reasonable manner; and

(20) Nothing in this section authorizes consignment sales.

5. (1) A distiller, wholesaler, winemaker, or brewer that is also in

business as a bona fide producer or vendor of nonalcoholic beverages

shall not condition the sale of its alcoholic beverages on the sale of its

nonalcoholic beverages nor combine the sale of its alcoholic

beverages with the sale of its nonalcoholic beverages, except as

provided in subdivision (8) of subsection 4 of this section. The

distiller, wholesaler, winemaker, or brewer that is also in business as a

bona fide producer or vendor of nonalcoholic beverages may sell,

credit, market, and promote nonalcoholic beverages in the same

manner in which the nonalcoholic products are sold, credited,

marketed, or promoted by a manufacturer or wholesaler not licensed

by the supervisor of alcohol and tobacco control;

(2) Any fixtures, equipment, or furnishings provided by any distiller,

wholesaler, winemaker, or brewer in furtherance of the sale of

nonalcoholic products shall not be used by the retail licensee to store,

service, display, advertise, furnish, or sell, or aid in the sale of

alcoholic products regulated by the supervisor of alcohol and tobacco

control. All such fixtures, equipment, or furnishing shall be identified

by the retail licensee as being furnished by a licensed distiller,

wholesaler, winemaker, or brewer.

6. Distillers, wholesalers, brewers and winemakers, or their officers or

directors shall not require, by agreement or otherwise, that any retailer

purchase any intoxicating liquor from such distillers, wholesalers,

brewers or winemakers to the exclusion in whole or in part of intoxi-

cating liquor sold or offered for sale by other distillers, wholesalers,

brewers, or winemakers.

7. Notwithstanding any other provisions of this chapter to the

contrary, a distiller, winemaker, or wholesaler may install

nonrefrigeration dispensing accessories at the retail business

establishment, which shall include for the purposes of distilled spirits

and wine equipment to properly preserve and serve premixed distilled

spirit and wine beverages only. To facilitate delivery to the retailer,

the distiller, winemaker, or wholesaler may lend, give, rent or sell and

the distiller, winemaker, or wholesaler may install or repair

nonrefrigeration dispensing accessories and damage caused by any

delivery excluding normal wear and tear. A complete record of

nonrefrigeration dispensing accessories furnished and installed and

repairs or service made or rendered shall be kept by the distiller,

winemaker, or wholesaler furnishing, making or rendering the same

for a period of not less than one year.

8. Distillers, wholesalers, winemakers, brewers or their employees or

officers shall be permitted to make contributions of money or mer-

chandise to a licensed retail liquor dealer that is a charitable, fraternal,

civic, service, veterans', or religious organization as defined in section

313.005, RSMo, or an educational institution if such contributions are

unrelated to such organization's retail operations.

9. Distillers, brewers, wholesalers, and winemakers may make pay-

ments for advertisements in programs or brochures of tax-exempt

organizations licensed under section 311.090 if the total payments

made for all such advertisements are the same as those paid by other

vendors.

10. A brewer or manufacturer, its employees, officers or agents may

have a financial interest in the retail business for sale of intoxicating

liquors at entertainment facilities owned, in whole or in part, by the

brewer or manufacturer, its subsidiaries or affiliates including, but not

limited to, arenas and stadiums used primarily for concerts, shows and

sporting events of all kinds.

11. For the purpose of the promotion of tourism, a wine manufacturer,

its employees, officers or agents located within this state may apply

for and the supervisor of alcohol and tobacco control may issue a

license to sell intoxicating liquor, as defined in this chapter, by the

drink at retail for consumption on the premises where sold, if the

premises so licensed is in close proximity to the winery. Such

premises shall be closed during the hours specified under section

311.290 and may remain open between the hours of 6:00 a.m. on

Sundays and 1:30 a.m. on Mondays.

12. For the purpose of the promotion of tourism, a person may apply

for and the supervisor of alcohol and tobacco control may issue a

license to sell intoxicating liquor by the drink at retail for consumption

on the premises where sold, but seventy-five percent or more of the

intoxicating liquor sold by such licensed person shall be Missouri-

produced wines received from manufacturers licensed under section

311.190. Such premises may remain open between the hours of 6:00

a.m. and midnight, Monday through Saturday, and between the hours

of 6:00 a.m. on Sundays and 1:30 a.m. on Mondays. Statutes

(RSMo 1939 § 4879, A.L. 1984 S.B. 441, A.L. 1986 S.B. 444, A.L. 1987 H.B. 62 & 70,

A.L. 1995 S.B. 43, A.L. 1996 S.B. 933, A.L. 2000 H.B. 1631, A.L. 2002 S.B. 834, A.L.

2005 S.B. 262, A.L. 2007 S.B. 299 & S.B. 616, A.L. 2009 H.B. 132, A.L. 2017 H.B. 115,

A.L. 2021 S.B. 126)

(2020) Section and related regulations on information that alcohol manufacturers,

wholesalers, distributors and retailers could include in commercial advertisements violates

the First Amendment of the U. S. Constitution. Missouri Broadcasters Association v.

Schmitt, 946 F.3d 453 (8th Cir.).

311.071. Special events, not-for-profit organizations, contribu-

tions of money permitted, when.

1. Distillers, wholesalers, winemakers, brewers, or their employees or

officers may make contributions of money for special events where

alcohol is sold at retail to a not-for-profit organization that:

(1) Does not hold a liquor license;

(2) Less than forty percent of the members and officers are liquor

licensees;

(3) Is registered with the secretary of state as a not-for-profit

organization; and

(4) Of which no part of the net earnings or contributions inures to

the benefit of any private shareholder or any retail licensee member of

such organization. The contributions from distillers, wholesalers,

winemakers, brewers, or their employees or officers shall be used to

pay special event infrastructure expenses unrelated to any retail

alcohol sales, which include, but are not limited to: security,

sanitation, fencing, entertainment, and advertising.

2. Distillers, wholesalers, winemakers, brewers, retailers, or their

employees or officers may make contributions of money for festivals

as defined in section 316.150 where alcohol is sold at retail to a not-

for-profit organization that:

(1) Is registered with the secretary of state as a not-for-profit

organization;

(2) Of which no part of the net earnings or contributions, directly or

indirectly, inures to the benefit of any private shareholder or any retail

licensee member of such organization; and

(3) Uses the contributions from distillers, wholesalers, winemakers,

brewers, retailers, or their employees or officers only to pay special

event infrastructure expenses unrelated to any retail alcohol sales,

which include, but are not limited to, security, sanitation, fencing,

advertising and transportation.

3. Any not-for-profit organization that receives contributions under

this section shall allow the division of alcohol and tobacco control full

access to the organization's records for audit purposes. Statutes

(L. 2007 S.B. 299 & S.B. 616, A.L. 2013 S.B. 121)

311.075. Financial interests in distillery in close proximity to a

recreational resort.

1. Notwithstanding any other provisions of this chapter to the

contrary, for the purpose of the promotion of tourism, a retailer, its

employees, officers, shareholders, and agents may have a financial

interest in a distillery for the manufacturing of intoxicating liquors

located in close proximity to the grounds of a recreational resort

owned, in whole or in part, by the retailer, its subsidiaries, or affiliates.

As used in this section, the term “recreational resort” shall mean any

grounds used to entertain guests that are owned and operated as part of

a facility by the retailer, its subsidiaries, or affiliates, which shall have

a restaurant, at least thirty rooms for overnight accommodations, and

outdoor activities that include fishing or golf. The distillery shall be in

close proximity to the grounds of the recreational resort.

2. A retailer who is a holder of a license to sell intoxicating liquor by

the drink at retail for consumption on the recreational resort’s grounds

shall be exempt from the provisions of section 311.280, for such

intoxicating liquor that is manufactured in close proximity to the

grounds of the recreational resort in accordance with the provisions of

this chapter. All other intoxicating liquor sold by the drink at retail for

consumption on the recreational resort’s grounds shall be obtained in

accordance with section 311.280.

3. The holder of a recreational resort distillery license* pursuant to

this section may also sell intoxicating liquor produced on the distillery

premises to duly licensed wholesalers, and all such sales to

wholesalers shall be subject to the provisions of sections 311.275 and

311.540. However, holders of a recreational resort distillery license

shall not, under any circumstances, directly or indirectly, have any

financial interest in any Missouri wholesaler’s business. Statutes

(L. 2017 H.B. 115) *Word "licensed" appears in original rolls.

311.080. Sale of liquor prohibited near schools and churches,

exceptions.

1. No license shall be granted for the sale of intoxicating liquor, as

defined in this chapter, within one hundred feet of any school, church

or other building regularly used as a place of religious worship, unless

the applicant for the license shall first obtain the consent in writing of

the board of aldermen, city council, or other proper authorities of any

incorporated city, town, or village, except that when a school, church

or place of worship shall hereafter be established within one hundred

feet of any place of business licensed to sell intoxicating liquor, the

license shall not be denied for this reason. Such consent shall not be

granted until at least ten days' written notice has been provided to all

owners of property within one hundred feet of the proposed licensed

premises.

2. The board of aldermen, city council or other proper authorities of

any incorporated city, town or village may by ordinance prohibit the

granting of a license for the sale of intoxicating liquor within a

distance as great as three hundred feet of any school, church, or other

building regularly used as a place of religious worship. In such cases,

and where the ordinance has been lawfully enacted, no license of any

character shall be issued in conflict with the ordinance while it is in

effect; except, that when a school, church or place of worship is

established within the prohibited distance from any place of business

licensed to sell intoxicating liquor, the license shall not be denied for

this reason.

3. Subsection 1 of this section shall not apply to a license issued by

the supervisor of alcohol and tobacco control for the sale of

intoxicating liquor pursuant to section 311.218 or to a license issued

to any church, school, civic, service, fraternal, veteran, political, or

charitable club or organization which has obtained an exemption from

the payment of federal taxes.

4. Subsection 1 of this section shall not apply to any premises holding

a license issued before January 1, 2004, by the supervisor of alcohol

and tobacco control for the sale of intoxicating liquor. To retain a

license under this subsection, the licensed premises shall not change

license type, amend the legal description, or be without a liquor

license for more than ninety days. Statutes

(RSMo 1939 § 4948, A.L. 1959 H.B. 139, A.L. 2003 S.B. 298, A.L. 2005 S.B. 262)

311.082. Labeling of kegs sold at retail for off-premise consump-

tion, procedures.

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 and which is designed to dispense

beer, wine, or intoxicating liquor directly from the container for pur-

poses of consumption. Any nonreturnable container with a capacity of

less than six gallons shall not be considered a keg under this section;

(2) "Supervisor of alcohol and tobacco control", the person appoint-

ed pursuant to section 311.610.

2. Each keg sold at retail for off-premise consumption shall be labeled

with a numbered identification tag. The division of alcohol and

tobacco control may prescribe the numbered identification tags to be

used for this purpose. The recyclable numbered identification tag shall

be affixed to the handle on the top chime of the keg. The recyclable

numbered identification tag shall be supplied by the division of

alcohol and tobacco control without fee and securely affixed to the

keg by the licensee making the sale.

3. Each retail licensee shall require each keg purchaser to present valid

identification and a minimum deposit of fifty dollars per keg at the

time of purchase. On the identification form provided by the division

of alcohol and tobacco control the licensee shall record for each keg

sale the date of sale, the size of keg, keg tag identification number, the

amount of container deposit, the name, address, and date of birth of

the purchaser, and the form of identification presented by such

purchaser. The purchaser shall sign a statement at the time of purchase

attesting to the accuracy of the purchaser's name and address and

acknowledging that misuse of the keg or its contents may result in

civil liability, criminal prosecution, or both. The licensee shall retain

the identification form for a minimum of three months following the

sale of the keg.

4. The licensee shall not refund a deposit for a keg that is returned

without the numbered identification tag intact and legible. The

licensee shall record the date of return of the keg and the condition of

the numbered identification tag on the identification form required

pursuant to subsection 3 of this section. The licensee may retain any

deposit not refunded for this reason. Upon the return of a properly

tagged keg from a consumer, the licensee shall remove the tag from

the keg and retain such tag with the identification form as required

pursuant to subsection 3 of this section.

5. The supervisor shall promulgate rules and regulations for the

administration of this section and shall design all necessary forms. No

rule, regulation, or portion of a rule or regulation promulgated pursu-

ant to the authority of this section shall become effective unless it has

been promulgated pursuant to chapter 536, RSMo.

6. The provisions of this section shall become effective on July 1,

2004.

7. This section shall fully preempt and supersede any ordinances,

rules, or regulations made by any city, county, or other political sub-

division of the state of Missouri which regulate the selling, labeling, or

registering of kegs. This section shall not impose any new or addi-

tional civil or criminal liability upon the retail licensee. Statutes

(L. 2003 S.B. 298 § 1, A.L. 2005 S.B. 262)

311.085. License for sale of intoxicating liquor by the drink in

unincorporated areas of county–sale of malt liquor and light wines

by drink and in package, annual fee (first class charter counties).

Any person possessing the qualifications and meeting the

requirements of this chapter and the ordinances, rules and regulations

of the first class county having a charter form of government in which

such licensee proposes to operate his business may apply for, and the

supervisor of liquor control may issue, a license for the sale by the

drink of intoxicating liquor on the premises described in the

application. This license shall be valid only for premises located

wholly within the unincorporated areas of such a county. Statutes

(L. 1967 p. 423, A.L. 1981 S.B. 126, A.L. 1994 S.B. 474 merged with S.B. 710, A.L. 1995

S.B. 43)

311.086. Portable bars, entertainment district special license–

definitions–issuance, procedure (Kansas City).

1. As used in this section, the following terms mean:

(1) "Common area", any area designated as a common area in a

development plan for the entertainment district approved by the

governing body of the city, any area of a public right-of-way that is

adjacent to or within the entertainment district when it is closed to

vehicular traffic and any other area identified in the development plan

where a physical barrier precludes motor vehicle traffic and limits

pedestrian accessibility;

(2) "Entertainment district", any area located in a home rule city

with more than four hundred thousand inhabitants and located in more

than one county with a population of at least four thousand inhabitants

that:

(a) Is located in the city's central business district which is the

historic core locally known as the city's downtown area;

(b) Contains a combination of entertainment venues, bars,

nightclubs, and restaurants; and

the city under and pursuant to the Missouri downtown and rural eco-

nomic stimulus act, sections 99.915 to 99.1060, RSMo;

(3) "Portable bar", any bar, table, kiosk, cart, or stand that is not a

permanent fixture and can be moved from place to place;

(4) "Promotional association", an association, incorporated in the

state of Missouri, which is organized or authorized by one or more

property owners located within the entertainment district, who own or

otherwise control not less than one hundred thousand square feet of

premises designed, constructed, and available for lease for bars, night-

clubs, restaurants, and other entertainment venues, for the purpose of

organizing and promoting activities within the entertainment district.

For purposes of determining ownership or control as set forth in this

subdivision, the square footage of premises used for residential, office

or retail uses, (other than bars, nightclubs, restaurants, and other enter-

tainment venues), parking facilities, and hotels within the

entertainment district shall not be used in the calculation of square

footage.

2. Notwithstanding any other provisions of this chapter to the

contrary, any person acting on behalf of or designated by a

promotional association, who possesses the qualifications required by

this chapter, and who meets the requirements of and complies with the

provisions of this chapter, may apply for, and the supervisor of

alcohol and tobacco control may issue, an entertainment district

special license to sell intoxicating liquor by the drink for retail for

consumption dispensed from one or more portable bars within the

common areas of the entertainment district until 3:00 a.m. on

Mondays through Saturdays and from 6:00 a.m. on Sundays and until

1:30 a.m. on Mondays.

3. An applicant granted an entertainment district special license under

this section shall pay a license fee of three hundred dollars per year.

4. Notwithstanding any other provision of this chapter to the contrary,

on such days and at such times designated by the promotional associa-

tion, in its sole discretion, provided such times are during the hours a

license is allowed under this chapter to sell alcoholic beverages, the

promotional association may allow persons to leave licensed establish-

ments, located in portions of the entertainment district designated by

the promotional association, with an alcoholic beverage and enter

upon and consume the alcoholic beverage within other licensed

establishments and common areas located in portions of the

entertainment district designated by the promotional association. No

person shall take any alcoholic beverage or alcoholic beverages

outside the boundaries of the entertainment district or portions of the

entertainment district as designated by the promotional association, in

its sole discretion. At times when a person is allowed to consume

alcoholic beverages dispensed from portable bars and in common

areas of all or any portion of the entertainment district designated by

the promotional association, the promotional association must and

shall ensure that minors can be easily distinguished form persons of

legal age buying alcoholic beverages.

5. Every licensee within the entertainment district must and shall serve

alcoholic beverages in containers that display and contain the

licensee's trade name or logo or some other mark that is unique to that

license and licensee.

6. The holder of an entertainment district special license is solely

responsible for alcohol violations occurring at its portable bar and in

any common area. Statutes

(L. 2005 H.B. 58 § 311.087 merged with S.B. 262, A.L. 2021 S.B. 126)

311.087.1 (Repealed L. 2012 H.B. 1498 § A)

311.088. Special permit for sale of intoxicating liquor by the

drink from 6 a.m. to 3 a.m. the following day--limit on number of

permits per year--fee (Kansas City).

Any person possessing the qualifications and meeting the

requirements of this chapter who is licensed to sell intoxicating liquor

by the drink at retail for consumption on the premises in a home rule

city with more than four hundred thousand inhabitants and located in

more than one county may be issued a special permit by the state and

such city. Notwithstanding the provisions of section 311.089 to the

contrary, the special permit issued under this section shall allow the

licensed premises to sell intoxicating liquor from 6:00 a.m. until 3:00

a.m. on the morning of the following day within one twenty-four hour

period. Any person granted a special permit under this section shall

only be authorized to receive up to six such special permits from the

city in a calendar year. For every special permit issued under the

provisions of this section, the permittee shall pay to the director of the

department of revenue the sum of fifty dollars. Statutes

(L. 2011 H.B. 101)

311.089. Sunday liquor sales by the drink, permitted when (St.

Louis City, Kansas City).

Any establishment possessing or qualifying for a license to sell

intoxicating liquor by the drink at retail in any city not within a

county, any home rule city with more than four hundred thousand

inhabitants and located in more than one county and if such

establishment is also located in a resort area, convention trade area, or

enterprise zone area, the establishment may apply for a Sunday by-

the-drink license between the hours of 6:00 a.m. on Sundays and 1:30

a.m. on Mondays. The license fee for such Sunday by-the-drink

license shall be six hundred dollars per year. The license fee shall be

prorated for the period of the license based on the cost of the annual

license for the establishment. Statutes

(L. 2003 S.B. 298 § 2, A.L. 2012 H.B. 1498, A.L. 2021 S.B. 126)

311.090. Sale of liquor by the drink, cities, requirements.

1. Any person who possesses the qualifications required by this

chapter, and who meets the requirements of and complies with the

provisions of this chapter, and the ordinances, rules and regulations of

the incorporated city in which such licensee proposes to operate his

business, may apply for, and the supervisor of alcohol and tobacco

control may issue, a license to sell intoxicating liquor, as defined in

this chapter, by the drink at retail for consumption on the premises

described in the application; provided, that no license shall be issued

for the sale of intoxicating liquor, other than malt liquor as defined in

section 311.490, and light wines containing not in excess of fourteen

percent of alcohol by weight made exclusively from grapes, berries

and other fruits and vegetables, by the drink at retail for consumption

on the premises where sold to any person other than a charitable,

fraternal, religious, service or veterans’ organization which has

obtained an exemption from the payment of federal income taxes as

provided in Section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(7),

501(c)(8), 501(c)(10), 501(c)(19), or 501(d) of the United States

Internal Revenue Code of 1954, as amended, in any incorporated city

having a population of less than nineteen thousand five hundred

inhabitants, until the sale of such intoxicating liquor, by the drink at

retail for consumption on the premises where sold, shall have been

authorized by a vote of the majority of the qualified voters of the city.

Such authority shall be determined by an election to be held in those

cities having a population of less than nineteen thousand five hundred

inhabitants as determined by the last preceding federal decennial

census, under the provisions and methods set out in this chapter.

Once such licenses are issued in a city with a population of at least

nineteen thousand five hundred inhabitants, any subsequent loss of

population shall not require the qualified voters of such a city to

approve the sale of such intoxicating liquor prior to the issuance or

renewal of such licenses. No license shall be issued for the sale of

intoxicating liquor, other than malt liquor as defined in section

311.490, and light wines containing not in excess of fourteen percent

of alcohol by weight made exclusively from grapes, berries and other

fruits and vegetables, by the drink at retail for consumption on the

premises where sold, outside the limits of such incorporated cities

unless the licensee is a charitable, fraternal, religious, service or

veterans’ organization which has obtained an exemption from the

payment of federal income taxes as provided in Section 501(c)(3),

501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10), 501(c)(19), or

501(d) of the United States Internal Revenue Code of 1954, as

amended.

2. If any charitable, fraternal, religious, service, or veterans’

organization has a license to sell intoxicating liquor on its premises

pursuant to this section and such premises includes two or more

buildings in close proximity, such permit shall be valid for the sale of

intoxicating liquor at any such building. Statutes

(RSMo 1939 § 4890, A.L. 1981 S.B. 126, A.L. 1983 H.B. 85, et al., A.L. 1984 S.B. 441,

A.L. 1990 H.B. 1180, A.L. 1993 S.B. 76, A.L. 1994 S.B. 474, A.L. 1995 S.B. 43, A.L.

2009 H.B. 132, A.L. 2012 H.B. 1498, A.L. 2016 S.B. 919)

311.091. Boat or vessel, liquor sale by drink, requirements, fee.

1. Except as provided under subsection 2 of this section and

notwithstanding any other provisions of this chapter to the contrary,

any person who possesses the qualifications required by this chapter

and who meets the requirements of and complies with the provisions

of this chapter may apply for and the supervisor of alcohol and

tobacco control may issue a license to sell intoxicating liquor, as

defined in this chapter, by the drink at retail for consumption on the

premises of any boat, or other vessel licensed by the United States

Coast Guard to carry thirty or more passengers for hire on navigable

waters in or adjacent to this state, which has a regular place of

mooring in a location in this state or within two hundred yards of a

location which would otherwise be licensable under this chapter. The

license shall be valid even though the boat, or other vessel, leaves its

regular place of mooring during the course of its operation.

2. For every license for sale of liquor by the drink at retail for

consumption on the premises of any boat or other vessel issued under

the provisions of this section, the licensee shall pay to the director of

revenue the sum of three hundred dollars per year. Statutes

(L. 1981 S.B. 126 § 5, A.L. 2013 S.B. 121, A.L. 2016 S.B. 994)

*Effective 10-14-16, see § 21.250. S.B. 994 was vetoed July 1, 2016. The veto was

overridden on September 14, 2016.

311.092. Liquor by the drink on vessels regularly moored in city

of St. Louis.

Notwithstanding any other provisions of this chapter to the contrary,

any person who possesses the qualifications required by this chapter,

and who meets the requirements of and complies with the provisions

of this chapter, may apply for and the supervisor of liquor control may

issue a license to sell intoxicating liquor, as in this chapter defined, by

the drink at retail for consumption on the premises of any boat, or

other vessel which travels on water, which has a regular place of

mooring within the limits of a city not within a county with a popula-

tion of more than six hundred thousand inhabitants. The license shall

be valid even though the boat, or other vessel, leaves the corporate

limits of the city during the course of its operation. Statutes

(L. 1974 S.B. 394)

311.093.1 (Repealed L. 2012 H.B. 1498 § A)

311.095. Resorts, seasonal resort restaurants, restaurants, sale

of liquor by the drink, resort defined–temporary license, new

businesses, when.

1. Notwithstanding any other provisions of this chapter to the con-

trary, any person who possesses the qualifications required by this

chapter, and who now or hereafter meets the requirements of and

complies with the provisions of this chapter, may apply for, and the

supervisor of liquor control may issue, a license to sell intoxicating

liquor, as defined in this chapter, by the drink at retail for consumption

on the premises of any resort as described in the application. As used

in this section the term "resort" means any establishment having at

least thirty rooms for the overnight accommodation of transient

guests, having a restaurant or similar facility on the premises at least

sixty percent of the gross income of which is derived from the sale of

prepared meals or food, or means a restaurant provided with special

space and accommodations where, in consideration of payment, food,

without lodging, is habitually furnished to travelers and customers,

and which restaurant establishment's annual gross receipts

immediately preceding its application for a license shall not have been

less than seventy-five thousand dollars per year with at least fifty

thousand dollars of such gross receipts from nonalcoholic sales, or

means a seasonal resort restaurant with food sales as determined in

subsection 2 of this section. Any facility which is owned and operated

as a part of the resort may be used to sell intoxicating liquor by the

drink for consumption on the premises of such facility and, for the

purpose of meeting the annual gross receipts requirements of this

subsection, if any facility which is a part of the resort meets such

requirement, such requirement shall be deemed met for any other

facility which is a part of the resort.

2. A seasonal resort restaurant is a restaurant which is not a new

restaurant establishment and which is open for business eight or fewer

consecutive months in any calendar year. Fifty percent of all gross

sales of such restaurant shall be sales of prepared meals. Any new

seasonal resort restaurant establishment having been in operation for

less than twelve weeks may be issued a temporary license to sell

intoxicating liquor by the drink at retail for consumption on the

premises for a period not to exceed ninety days if the seasonal resort

restaurant establishment can show a projection for annualized gross

sales of which fifty percent shall be sales of prepared meals. The

temporary license fee and the annual license fee shall be prorated to

reflect the period of operation of the seasonal resort restaurant. The

license shall be valid only during the period for which application was

made and for which the fee was paid. Any seasonal resort restaurant

upon resuming business for its season of operation shall not be

considered a new establishment for purposes of issuing a temporary

license. Nothing in this subsection shall prohibit a seasonal resort

restaurant from becoming a resort restaurant upon application,

payment of fees, and compliance with the requirements of this

chapter.

3. The times for opening and closing the establishments as fixed in

section 311.290, the authority for the collection of fees by counties as

provided in section 311.220, and all other laws and- regulations of the

state relating to the sale of liquor by the drink for consumption on the

premises where sold shall apply to resorts in the same manner as they

apply to establishments licensed under section 311.090.

4. Any new resort or restaurant establishment having been in operation

for less than ninety days may be issued a temporary license to sell

intoxicating liquor by the drink at retail for consumption on the prem-

ises for a period not to exceed ninety days if the resort or restaurant

establishment can show a projection of an annual gross receipts of not

less than seventy-five thousand dollars per year with at least fifty

thousand dollars of such gross receipts from nonalcoholic sales. The

license fee shall be prorated for the period of the temporary license

based on the cost of the annual license for the establishment. Statutes

(L. 1967 p. 423, A.L. 1974 S.B. 348, A.L. 1981 S.B. 126, A.L. 1987 S.B. 150, A.L. 1993

H.B. 63, A.L. 1994 S.B. 474, A.L. 1995 S.B. 43)

311.096. Common eating and drinking area, defined–licenses for

sale of liquor by the drink not for consumption on premises– fees–

extended hours for convention trade areas.

1. As used in this section, the term "common eating and drinking area"

means an area or areas within a building or group of buildings

designated for the eating of food and drinking of liquor sold at retail by

establishments which do not provide areas within their premises for the

consumption of food and liquor; where the costs of maintaining such

area or areas are shared by the payment of common area maintenance

charges, as provided in the respective leases permitting the use of such

areas, or otherwise; and where the annual gross income from the sale

of prepared meals or food consumed in such common eating and

drinking area is, or is projected to be, at least two hundred seventy-five

thousand dollars.

2. Notwithstanding any other provisions of this chapter to the

contrary, any person who possesses the qualifications required by this

chapter, or who now or hereafter meets the requirements of and

complies with the provisions of this chapter, may apply for, and the

supervisor of alcohol and tobacco control may issue, a license to sell

intoxicating liquor, as defined in this chapter, by the drink at retail not

for consumption on the premises where sold but for consumption in a

common eating and drinking area, as described in the application for

such license. In addition to all other fees required by law, each

establishment in a common eating and drinking area licensed under

this subsection shall pay to the director of revenue the sum of three

hundred dollars per year. The times for selling intoxicating liquor as

fixed in section 311.290, the authority for the collection of fees by

counties and cities as provided in section 311.220, and all other laws

and regulations of this state relating to the sale of intoxicating liquor

by the drink shall apply to each establishment licensed under this

subsection in the same manner as they apply to establishments

licensed under sections 311.085 and 311.090.

3. Notwithstanding any other provisions of this chapter to the

contrary, any person who possesses the qualifications required by this

chapter, and who now or hereafter meets the requirements of and

complies with the provisions of this chapter, may apply for, and the

supervisor of alcohol and tobacco control may issue, a license to sell

intoxicating liquor, as defined in this chapter, between the hours of

6:00 a.m. on Sundays and 1:30 a.m. on Mondays by the drink at retail

not for consumption on the premises where sold but for consumption

in a common eating and drinking area, as described in the application

for such license. In addition to all other fees required by law, each

establishment in a common eating and drinking area licensed under

this subsection shall pay an additional fee of two hundred dollars a

year payable at the same time and in the same manner as its other

license fees.

4. Any person possessing the qualifications and meeting the

requirements of this chapter, who is licensed to sell intoxicating liquor

by the drink at retail not for consumption on the premises where sold

but for consumption in a common eating and drinking area, may apply

to the supervisor of alcohol and tobacco control for a special permit to

remain open on all days of the week between the hours of 1:30 a.m. to

3:00 a.m. To qualify for such a permit, the premises of such an

applicant must be located in an area which has been designated as a

convention trade area by the governing body of the county or city.

An applicant granted a special permit under this section shall pay, in

addition to all other fees required by this chapter, an additional fee of

three hundred dollars a year payable at the time and in the same

manner as its other license fees. Statutes

(L. 1986 S.B. 444, A.L. 1994 S.B. 474, A.L. 2021 S.B. 126)

311.097.1 (Repealed L. 2012 H.B. 1498 § A)

311.098.1 (Repealed L. 2012 H.B. 1498 § A)

311.099. Controlled access liquor cabinet system for qualified

establishments–definitions–license–employees, requirements–tem-

porary license, when–sales to establishment, requirements.

1. As used in this section, the following terms mean:

(1) "Controlled access liquor cabinet", a closed container, either

refrigerated in whole or in part or nonrefrigerated, access to the

interior of which is restricted by means of a locking device which

requires the use of a key, access by means of a locking device as

hereinabove described;

(2) "Controlled access liquor cabinet system", a system for the

sale of intoxicating liquor in qualified packages or containers in the

rooms provided for the overnight accommodation of transient guests

in a qualified establishment by means of a controlled access liquor

cabinet, and such system shall permit the licensee to maintain in the

rooms provided for the overnight accommodation of transient guests a

controlled access liquor cabinet in which such licensee may maintain

for sale intoxicating liquor in qualified packages or containers,

together with, if desired, other beverages or food, and such system

shall permit the adult registered guests of the room in which such

controlled access liquor cabinet is located to use the key, magnetic

card or other similar device to gain access to such controlled access

liquor cabinet to obtain the intoxicating liquor or other beverages or

food for consumption;

(3) "Qualified establishment", any establishment having at least

forty rooms for the overnight accommodation of transient guests and

having a restaurant or similar facility on the premises at least sixty

percent of the gross income of which is derived from the sale of

prepared meals or food, which restaurant's annual gross food sales for

the past two years immediately preceding its application for a license

shall not have been less than one hundred thousand dollars per year or,

if such restaurant has been in operation for less than two years, such

restaurant has been in operation for at least ninety days preceding the

application for license for sale of intoxicating liquor by means of

controlled access liquor cabinets and has a projected experience based

upon its sale of food during the preceding ninety days which would

exceed one hundred thousand dollars per year;

(4) "Qualified packages or containers", packages or containers

for intoxicating liquor, other than beer or other malt liquor, which hold

not less than fifty milliliters and not more than two hundred milliliters,

and any packages or containers for beer or other malt liquor;

(5) "Registered guest", each person who signs his name to the

guest register of the qualified establishment or takes some other

equivalent action for the purpose of registering as a guest of such

qualified establishment;

(6) "Room", a room in a qualified establishment which is intended

to be used as, and which is provided for, the overnight accommodation

of transient guests.

2. Notwithstanding any other provision of this chapter to the contrary,

any person who possesses the qualifications required by this chapter,

and who now or hereafter meets the requirements of and complies

with the provisions of this chapter, and who operates a qualified

establishment and who is licensed to sell liquor by the drink at retail

with respect to such qualified establishment, may apply for, and the

supervisor of liquor control shall issue, a license to sell intoxicating

liquor in the rooms of such qualified establishment by means of a

controlled access liquor cabinet system on and subject to the following

terms and conditions:

(1) The key, magnetic card or other similar device required to attain

access to the controlled access liquor cabinet in a particular room may

be provided only to each adult registered guest who is registered to

stay in such room;

(2) Prior to providing a key, magnetic card or other similar device

required to attain access to the controlled access liquor cabinet in a

particular room to the registered guest, the licensee shall verify that

each such registered guest to whom such key, magnetic card or similar

device is to be provided is not a minor, as defined by section 311.310;

(3) All employees handling the intoxicating liquor to be placed in

the controlled access liquor cabinet, including without limitation any

employee who inventories and/or restocks and replenishes the intoxi-

cating liquor in the controlled access liquor cabinet, shall be at least

eighteen years of age and shall obtain such employee permits as the

city, county or other local governmental entity in which the qualified

establishment is located requires to be obtained by employees of the

restaurant operated at such qualified establishment; provided,

however, that no such employee permits shall be required of any

employee who handles the intoxicating liquor in the original case and

who does not open such original case;

(4) Registered guests may use the key, magnetic card or other

similar device required to attain access to the controlled access liquor

cabinet in such registered guest's room at any time; provided,

however, that no controlled access liquor cabinet may be restocked or

replenished with intoxicating liquor, nor shall any intoxicating liquor

be delivered to a room in order to restock or replenish the supply of

intoxicating liquor in the controlled access liquor cabinet, at any time

when the restaurant operated at the qualified establishment is not

permitted to sell liquor by the drink at retail pursuant to the provisions

of this chapter;

(5) Upon request from the registered guest at any time, the qualified

establishment shall cause all intoxicating liquor to be removed from

the controlled access liquor cabinet in the room of such registered

guest as soon as reasonably practicable; and

(6) The qualified establishment shall have the right to collect

payment for the intoxicating liquor or other beverages or food taken

from the controlled access liquor cabinet in the room of a registered

guest in such manner as it shall determine to be appropriate, including

without limitation the inclusion of such charges together with the

charges made to such registered guest for the use of the room or for

purchase of meals at the restaurant operated at such qualified

establishment.

3. Any new qualified establishment having been in operation for less

than ninety days may be issued a temporary license to sell intoxicating

liquor in the rooms of such qualified establishment by means of a con-

trolled access liquor cabinet system for a period not to exceed ninety

days if such establishment can show a projection of an annual

business from prepared meals or food which would exceed not less

than one hundred thousand dollars per year.

4. In addition to any right to sell granted pursuant to any other provi-

sion of this chapter, a duly licensed wholesaler shall be permitted to

sell intoxicating liquor to a qualified establishment in any size of

qualified packages or containers for use in a controlled access liquor

cabinet system; provided, however, that as to any size of qualified

packages or containers which could not be legally sold to the qualified

establishment except for the provisions of this section, any such size

of qualified packages or containers shall be sold by the qualified

establishment only by means of the controlled access liquor cabinet

system. Statutes

(L. 1984 S.B. 441, A.L. 1993 H.B. 63)

Effective 6-7-93

311.100. Sale by drink defined.

The sale of any intoxicating liquor except malt liquor, in the original

package, in any quantity less than fifty milliliters shall be deemed

"sale by the drink", and may be made only by a holder of a retail

liquor dealer's license and when so made, the container in every case

shall be emptied and the contents thereof served as other intoxicating

liquors sold by the drink are served. Statutes

(RSMo 1939 § 4915, A.L. 1980 S.B. 511, A.L. 1984 S.B. 441)

311.101. Unfinished bottles of wine may be carried out of a res-

taurant bar, when–transportation permitted–wineries, unfinished

bottles of wine may be removed, when–transportation permit-ted–

definition of winery.

1. Notwithstanding any other provision of law, it shall not be unlawful

for the owner, operator, or employees of a restaurant bar, as defined in

section 311.097, to allow patrons to carry out one or more bottles of

unfinished wine, nor shall it be unlawful for patrons of such restaurant

bar to carry out one or more bottles of unfinished wine under the fol-

lowing conditions:

(1) The patron must have ordered a meal;

(2) The bottle or bottles of wine must have been at least partially

consumed during the meal;

(3) The restaurant bar must provide a dated receipt for the

unfinished bottle or bottles of wine; and

(4) The restaurant bar must securely reseal the bottle or bottles of

wine and place them in one or more one-time-use, tamperproof, trans-

parent bags and securely seal the bags.

2. Notwithstanding any other provision of law, no person who

transports one or more bottles of unfinished wine which came from a

restaurant bar under the circumstances described in subsection 1 of

this section, in a vehicle, shall be considered to have violated any state

law or local ordinance regarding open containers in vehicles so long as

such person has in his or her possession the dated receipt from the

restaurant bar and the bottle or bottles of wine remain in the restaurant

bar-furnished, one-time-use, tamperproof, transparent bags with the

seals intact.

3. Notwithstanding any other provision of law, it shall be lawful for

the owner, operator, or employees of a winery to allow patrons to

carry out one or more bottles of unfinished wine and it shall be lawful

for patrons of such winery to carry out one or more bottles of

unfinished wine under the following conditions:

(1) The bottle or bottles of wine must have been at least partially

consumed at the winery;

(2) The winery must provide a dated receipt for the unfinished bottle

or bottles of wine; and

(3) The winery must securely reseal the bottle or bottles of wine and

place them in one or more one-time-use, tamperproof, transparent

bags and securely seal the bags.

4. Notwithstanding any other provision of law, no person who trans-

ports one or more bottles of unfinished wine which came from a

winery under the circumstances described under subsection 3 of this

section shall be considered to have violated any state law or local

ordinance regarding open containers in vehicles so long as such

person has in his or her possession the dated receipt from the winery

and the bottle or bottles of wine remain in the winery-furnished, one-

time-use, tamper-proof, transparent bags with the seals intact.

5. As used in this section "winery" means any establishment at which

wine is made. Statutes

(L. 2005 S.B. 262)

*Section 311.097 was repealed by H.B. 1498, 2012

311.102.1 (Repealed L. 2012 H.B. 1498 § A)

311.104.1 (Repealed L. 2012 H.B. 1498 § A)

311.110. Election to determine whether liquor may be sold by

drink–procedure.

Upon application by petition signed by one-fifth of the voters of any

incorporated city, who are qualified to vote for members of the

legislature in such incorporated city of this state, the board of

aldermen, city council or other proper officials of such incorporated

city shall submit the question to the voters of the incorporated city, to

determine whether or not intoxicating liquor, as defined in this

chapter, other than malt liquor containing not to exceed five percent of

alcohol by weight, shall be sold, furnished or given away within the

corporate limits of such incorporated city; and the result thereof shall

be entered upon the records of such board of aldermen, city council or

other proper officials, provided further, that the board of aldermen,

city council or other proper officials shall determine the sufficiency of

the petition presented by the poll books of the last previous city

election. Statutes

(RSMo 1939 § 4935, A.L. 1978 H.B. 971)

311.130. Form of ballot.

The question shall be submitted in substantially the following form:

Shall intoxicating liquor, containing alcohol in excess of five percent

(5%) by weight, be sold by the drink at retail for consumption on the

premises where sold? Statutes

(RSMo 1939 § 4937, A.L. 1965 p. 502, A.L. 1978 H.B. 971)

311.140. Result of election–favorable vote.

If a majority of the votes cast on the question be for the sale of

intoxicating liquor, containing alcohol in excess of five percent by

weight, by the drink at retail for consumption on the premises where

sold, such intoxicating liquors may be sold under the provisions of

existing laws regulating the sale thereof and the procuring of a license

for that purpose; and if a majority of the votes cast on the question be

against the sale of intoxicating liquor, containing alcohol in excess of

five percent by weight, by the drink at retail for consumption on the

premises where sold, the board of aldermen, city council or other

proper authorities of such incorporated city submitting the question

shall publish the result once a week for four consecutive weeks in the

same newspaper in which the notice of submission of the question was

published, and the provisions of this chapter shall take effect and be in

force from and after the date of the last insertion of the publication last

above referred to; and provided further, that no license to sell

intoxicating liquor, by the drink at retail for consumption on the

premises where sold, other than malt liquor containing not to exceed

five percent of alcohol by weight, shall be granted during the time of

publication last above mentioned; provided further, that this law shall

not be construed to interfere with any license issued before the date of

the filing of the petition for the submission of the question, but such

license may run until the date of its expiration and shall not be

renewed. The election in this chapter provided for, and the result

thereof, may be contested in the same manner as is now provided for

by law for the contest of elections of county officers in this state, by

any voter of such incorporated city in which said election shall be

held, by an action to contest, and which shall be brought against the

city holding such election. Statutes

(RSMo 1939 § 4938, A.L. 1978 H.B. 971)

311.150. Result of election–unfavorable vote.

If a majority of the votes cast on the question held under the

provisions of this chapter shall be against the sale of intoxicating

liquor containing alcohol in excess of five percent by weight, by the

drink at retail for consumption on the premises where sold, it shall not

be lawful for any person within the limits of such incorporated city to,

directly or indirectly, sell, give away or barter in any manner whatever

intoxicating liquor, by the drink at retail for consumption on the

premises where sold, except malt liquor, containing alcohol not to

exceed five percent by weight, under proper license, in any quantity

whatever, under the penalties prescribed in this chapter. Statutes

(RSMo 1939 § 4939, A.L. 1978 H.B. 971)

311.160. Question may be resubmitted, when–manner.

Whenever the question submitted in this chapter provided for has been

decided for or against the sale of intoxicating liquor containing

alcohol in excess of five percent by weight, by the drink at retail for

consumption on the premises where sold, then the question shall not

be again submitted within four years next thereafter in the same

incorporated city, and then only on a petition and in every respect

conforming to the provisions of this law. Statutes

(RSMo 1939 § 4940, A.L. 1978 H.B. 971)

311.170. Local option provisions applicable only to sales for con-

sumption on premises.

The provisions made by this chapter for local option shall be held to

be applicable only to sales for consumption on the premises where

sold, and shall not be construed to prevent the sale of intoxicating

liquor in the original package and not to be opened or consumed on

the premises where sold, nor to prevent the sale, at retail by the drink

for consumption on the premises where sold, of malt liquor containing

not to exceed five percent of alcohol by weight, under licenses issued

in accordance with the provisions of this chapter. Statutes

(RSMo 1939 § 4941)

311.174. Convention trade area, Kansas City, North Kansas

City, Jackson County, liquor sale by drink, extended hours for

business, requirements, fee.

1. Any person possessing the qualifications and meeting the

requirements of this chapter who is licensed to sell intoxicating liquor

by the drink at retail for consumption on the premises in a city with a

population of at least four thousand inhabitants which borders the

Missouri River and also borders a city with a population of over three

hundred thousand inhabitants located in at least three counties, in a

city with a population of over three hundred thousand which is located

in whole or in part within a first class county having a charter form of

government or in a first class county having a charter form of

government which contains all or part of a city with a population of

over three hundred thousand inhabitants, may apply to the supervisor

of alcohol and tobacco control for a special permit to remain open on

each day of the week until 3:00 a.m. of the morning of the following

day; except that, an entity exempt from federal income taxes under

Section 501(c)(7) of the Internal Revenue Code of 1986, as amended,

and located in a building designated as a National Historic Landmark

by the United States Department of the Interior may apply for a

license to remain open until 6:00 a.m. of the following day. The time

of opening on Sunday may be 6:00 a.m. The provisions of this section

and not those of section 311.293 regarding the time of closing shall

apply to the sale of intoxicating liquor by the drink at retail for

consumption on the premises on Sunday. When the premises of such

an applicant is located in a city as defined in this section, then the

premises must be located in an area which has been designated as a

convention trade area by the governing body of the city. When the

premises of such an applicant is located in a county as defined in this

section, then the premises must be located in an area which has been

designated as a convention trade area by the governing body of the

county.

2. An applicant granted a special permit under this section shall in

addition to all other fees required by this chapter pay an additional fee

of three hundred dollars a year payable at the time and in the same

manner as its other license fees.

3. The provisions of this section allowing for extended hours of

business shall not apply in any incorporated area wholly located in

any first class county having a charter form of government which

contains all or part of a city with a population of over three hundred

thousand inhabitants until the governing body of such incorporated

area shall have by ordinance or order adopted the extended hours

authorized by this section. Statutes

(L. 1981 S.B. 126 § 4, A.L. 1986 S.B. 500, A.L. 1995 S.B. 43, A.L. 2007 S.B. 299 & S.B.

616, A.L. 2012 H.B. 1498, A.L. 2021 S.B. 126)

311.176. Convention trade area, St. Louis City, liquor sale by

drink, extended hours for business, requirements, fee–resort

defined.

1. Any person possessing the qualifications and meeting the

requirements of this chapter who is licensed to sell intoxicating liquor

by the drink at retail for consumption on the premises in a city not

located within a county may apply to the supervisor of alcohol and

tobacco control for a special permit to remain open on each day of the

week until 3:00 a.m. of the morning of the following day. The time of

opening on Sunday may be 6:00 a.m. The provisions of this section

and not those of section 311.293 regarding the time of closing shall

apply to the sale of intoxicating liquor by the drink at retail for

consumption on the premises on Sunday. To qualify for such a permit,

the premises of such an applicant must be located in an area which has

been designated as a convention trade area by the governing body of

the city and the applicant must meet at least one of the following

conditions:

(1) The business establishment's annual gross sales for the year

immediately preceding the application for extended hours equals one

hundred fifty thousand dollars or more; or

(2) The business is a resort. For purposes of this section, a "resort" is

defined as any establishment having at least sixty rooms for the

overnight accommodation of transient guests and having a restaurant

located on the premises.

2. An applicant granted a special permit pursuant to this section shall,

in addition to all other fees required by this chapter, pay an additional

fee of three hundred dollars a year payable at the time and in the same

manner as its other license fees. Statutes

(L. 1981 S.B. 126 § 3, A.L. 1986 S.B. 500, A.L. 1996 S.B. 933, A.L. 2012 H.B. 1498,

A.L. 2021 S.B. 126)

311.178. Convention trade area, St. Louis County, liquor sale by

drink, extended hours for business, requirements, fee–resort

defined–special permit for liquor sale by drink (Miller, Morgan,

and Camden counties).

1. Any person possessing the qualifications and meeting the

requirements of this chapter who is licensed to sell intoxicating liquor

by the drink at retail for consumption on the premises in a county of

the first classification having a charter form of government and not

containing all or part of a city with a population of over three hundred

thousand may apply to the supervisor of alcohol and tobacco control

for a special permit to remain open on each day of the week until 3:00

a.m. of the morning of the following day. The time of opening on

Sunday may be 6:00 a.m. The provisions of this section and not those

of section 311.293 regarding the time of closing shall apply to the sale

of intoxicating liquor by the drink at retail for consumption on the

premises on Sunday. The premises of such an applicant shall be

located in an area which has been designated as a convention trade

area by the governing body of the county and the applicant shall meet

at least one of the following conditions:

(1) The business establishment's annual gross sales for the year

immediately preceding the application for extended hours equals one

hundred fifty thousand dollars or more; or

(2) The business is a resort. For purposes of this subsection, a

"resort" is defined as any establishment having at least sixty rooms for

the overnight accommodation of transient guests and having a

restaurant located on the premises.

2. Any person possessing the qualifications and meeting the

requirements of this chapter who is licensed to sell intoxicating liquor

by the drink at retail for consumption on the premises in a county of

the third classification without a township form of government having

a population of more than twenty-three thousand five hundred but less

than twenty-three thousand six hundred inhabitants, a county of the

third classification without a township form of government having a

population of more than nineteen thousand three hundred but less than

nineteen thousand four hundred inhabitants or a county of the first

classification without a charter form of government with a population

of at least thirty-seven thousand inhabitants but not more than thirty-

seven thousand one hundred inhabitants may apply to the supervisor

of alcohol and tobacco control for a special permit to remain open on

each day of the week until 3:00 a.m. of the morning of the following

day. The time of opening on Sunday may be 6:00 a.m. The provisions

of this section and not those of section 311.293 regarding the time of

closing shall apply to the sale of intoxicating liquor by the drink at

retail for consumption on the premises on Sunday. The applicant shall

meet all of the following conditions:

(1) The business establishment's annual gross sales for the year

immediately preceding the application for extended hours equals one

hundred thousand dollars or more;

(2) The business is a resort. For purposes of this subsection, a

"resort" is defined as any establishment having at least seventy-five

rooms for the overnight accommodation of transient guests, having at

least three thousand square feet of meeting space and having a

restaurant located on the premises; and

(3) The applicant shall develop, and if granted a special permit shall

implement, a plan ensuring that between the hours of 1:30 a.m. and

3:00 a.m. no sale of intoxicating liquor shall be made except to guests

with overnight accommodations at the licensee's resort. The plan shall

be subject to approval by the supervisor of alcohol and tobacco control

and shall provide a practical method for the division of alcohol and

tobacco control and other law enforcement agencies to enforce the

provisions of subsection 3 of this section.

3. While open between the hours of 1:30 a.m. and 3:00 a.m. under a

special permit issued pursuant to subsection 2 of this section, it shall

be unlawful for a licensee or any employee of a licensee to sell

intoxicating liquor to or permit the consumption of intoxicating liquor

by any person except a guest with overnight accommodations at the

licensee's resort.

4. An applicant granted a special permit pursuant to this section shall,

in addition to all other fees required by this chapter, pay an additional

fee of three hundred dollars a year payable at the time and in the same

manner as its other license fees.

5. The provisions of this section allowing for extended hours of

business shall not apply in any incorporated area wholly located in any

county of the first classification having a charter form of government

which does not contain all or part of a city with a population of over

three hundred thousand inhabitants until the governing body of such

incorporated area shall have by ordinance or order adopted the

extended hours authorized by this section. Statutes

(L. 1981 S.B. 126 § 2, A.L. 1986 S.B. 500, A.L. 2002 S.B. 834, A.L. 2007 S.B. 299 &

S.B. 616 merged with S.B. 613 Revision, A.L. 2012 H.B. 1498, A.L. 2021 S.B. 126)

311.179. St. Louis Lambert International Airport and Kansas

City International Airport, special permit, fee.

1. Any person possessing the qualifications and meeting the

requirements of this chapter who is licensed to sell intoxicating liquor

by the drink at retail in an international airport located in a county

with a charter form of government and with more than nine hundred

fifty thousand inhabitants or in a county of the first classification with

more than eighty-three thousand but fewer than ninety-two thousand

inhabitants and with a city of the fourth classification with more than

four thousand five hundred but fewer than five thousand inhabitants as

the county seat may apply to the supervisor of alcohol and tobacco

control for a special permit which:

(1) Allows the premises located in the international airport in such

county to open at 4 a.m. and sell intoxicating liquor by the drink at

retail for consumption. The provisions of this section and not those of

section 311.293 regarding the time of opening shall apply to the sale

of intoxicating liquor by the drink at retail for consumption on

Sunday;

(2) Allows persons to leave licensed establishments with an

alcoholic beverage and enter other airport designated areas located

within such airport. No person shall take any alcoholic beverage or

beverages outside such designated areas, including onto any airplane;

and

(3) Requires every licensee within such international airport to serve

alcoholic beverages in containers that display and contain the

licensee’s trade name or logo or some other mark that is unique to that

license and licensee.

2. An applicant granted a special permit pursuant to this section shall,

in addition to all other fees required by this chapter, pay an additional

fee of three hundred dollars a year payable at the time and in the same

manner as its other license fees. Statutes

(L. 2012 H.B. 1498, A.L. 2017 H.B. 115, A.L. 2021 S.B. 126)

311.180. Manufacturers, wholesalers, solicitors–license fees–

wholesalers, sale to gaming commission licensees, allowed.

1. No person, partnership, association of persons or corporation shall

manufacture, distill, blend, sell or offer for sale intoxicating liquor

within this state at wholesale or retail, or solicit orders for the sale of

intoxicating liquor within this state without procuring a license from

the supervisor of alcohol and tobacco control authorizing them so to

do. For such license there shall be paid to and collected by the director

of revenue annual charges as follows:

(1) For the privilege of manufacturing and brewing in this state malt

liquor containing not in excess of five percent of alcohol by weight

and the privilege of selling to duly licensed wholesalers and soliciting

orders for the sale of malt liquors containing not in excess of five per-

cent of alcohol by weight, to, by or through a duly licensed wholesaler

within this state, the sum of two hundred fifty dollars;

(2) For the privilege of manufacturing in this state intoxicating

liquor containing not in excess of twenty-two percent of alcohol by

weight and the privilege of selling to duly licensed wholesalers and

soliciting orders for the sale of intoxicating liquor containing not in

excess of twenty-two percent of alcohol by weight, to, by or through a

duly licensed wholesaler within this state, the sum of two hundred

dollars;

(3) For the privilege of manufacturing, distilling or blending intoxi-

cating liquor of all kinds within this state and the privilege of selling

to duly licensed wholesalers and soliciting orders for the sale of

intoxicating liquor of all kinds, to, by or through a duly licensed

wholesaler within this state, the sum of four hundred and fifty dollars;

(4) For the privilege of selling to duly licensed wholesalers and

soliciting orders for the sale of malt liquor containing not in excess of

five percent of alcohol by weight, to, by or through a duly licensed

wholesaler within this state, the sum of fifty dollars;

(5) For the privilege of selling to duly licensed wholesalers and

soliciting orders for the sale of intoxicating liquor containing not in

excess of twenty-two percent of alcohol by weight, to, by or through a

duly licensed wholesaler within this state, the sum of one hundred

dollars;

(6) For the privilege of selling to duly licensed wholesalers and

soliciting orders for the sale of intoxicating liquor of all kinds, to, by

or through a duly licensed wholesaler within this state, the sum of two

hundred and fifty dollars;

(7) For the privilege of selling intoxicating liquor containing not in

excess of five percent of alcohol by weight by a wholesaler to a person

duly licensed to sell such malt liquor at retail and the privilege of

selling to duly licensed wholesalers and soliciting orders for the sale

of malt liquor containing not in excess of five percent of alcohol by

weight, to, by or through a duly licensed wholesaler within this state,

the sum of one hundred dollars;

(8) For the privilege of selling intoxicating liquor containing not in

excess of twenty-two percent of alcohol by weight by a wholesaler to

a person duly licensed to sell such intoxicating liquor at retail and the

privilege of selling to duly licensed wholesalers and soliciting orders

for the sale of intoxicating liquor containing not in excess of twenty-

two percent of alcohol by weight, to, by or through a duly licensed

wholesaler within this state, the sum of two hundred dollars;

(9) For the privilege of selling intoxicating liquor of all kinds by a

wholesaler to a person duly licensed to sell such intoxicating liquor at

retail and the privilege of selling to duly licensed wholesalers and

soliciting orders for the sale of intoxicating liquor of all kinds, to, by

or through a duly licensed wholesaler within this state, the sum of five

hundred dollars, except that a license authorizing the holder to sell to

duly licensed wholesalers and to solicit orders for sale of intoxicating

liquor, to, by or through a duly licensed wholesaler, shall not entitle

the holder thereof to sell within the state of Missouri, direct to

retailers.

(10) For the privilege of selling to duly licensed wholesalers and

soliciting orders for the sale of vintage wine as defined in section

311.191, to, by, or through a duly licensed wholesaler within this

state, the sum of five hundred dollars.

2. Solicitors, manufacturers and blenders of intoxicating liquor shall

not be required to take out a merchant's license for the sale of their

products at the place of manufacture or in quantities of not less than

one gallon.

3. The provisions of this section relating to the privilege of selling

malt liquor are subject to and limited by the provisions of sections

311.181 and 311.182.

4. The licenses prescribed in this section for the privilege of selling

intoxicating liquor by a wholesaler to a person duly licensed to sell

such intoxicating liquor at retail shall allow such wholesaler to sell

intoxicating liquor to licensees licensed by the gaming commission to

sell beer or alcoholic beverages pursuant to section 313.840, RSMo.

Statutes

(RSMo 1939 § 4898, A.L. 1945 p. 1043, A.L. 1985 H.B. 369, A.L. 1994 S.B. 651, A.L.

1995 S.B. 43,

A.L. 2007 S.B. 299 & S.B. 616)

311.181. Wholesaler's license to sell malt liquor, geographical

area limitation–exception–requirements.

1. In addition to any other information or documents required by law,

an applicant for a license which grants alone or with other privileges

the privilege of selling intoxicating liquor containing not in excess of

five percent of alcohol by weight by a wholesaler to a person duly

licensed to sell such malt liquor at retail shall submit to the supervisor

of liquor control a statement under oath designating clearly the

geographical area within which the applicant has been authorized by

the brewer to sell such malt liquor, the brand or brands he proposes to

sell, and the brewer or brewers who manufacture the brands, and

affirming that the applicant will maintain a warehouse and delivery

facilities within the designated geographical area. Each such

wholesaler applicant shall enter into a written agreement with the

brewer of the brand or brands which the applicant proposes to sell,

which agreement must specifically designate a geographic area within

which such wholesaler applicant is authorized to sell such brand or

brands. A copy of such written agreement shall be filed with the

supervisor of liquor control as a part of such application. It shall be

unlawful for any such wholesaler applicant, who is granted a license

hereunder, to sell any brand or brands of malt liquor in the state of

Missouri except in the designated geographic area described in said

agreement. Provided, however, that when such an applicant is

prevented from servicing the designated geographic area due to fire,

flood, or other causes beyond his reasonable control, another licensed

wholesaler not within the designated geographic area may sell the

specified brands of malt liquor in that designated geographic area, if

the applicant wholesaler who is prevented from servicing the area

consents thereto and approval is obtained from the applicable brewer

and the supervisor of liquor control.

2. A specified geographic area designation in any agreement required

by this section shall be changed only upon a written agreement

between the wholesaler and the brewer, and shall be filed pursuant to

this section and the supervisor shall require the brewer and wholesaler

to verify that the level of service within the designated geographic

area will not be affected by such change.

3. No provision of any written agreement required by this section shall

expressly or by implication or in its operation establish or maintain the

resale price of any brand or brands of beer by the licensed wholesaler.

4. The provisions of section 311.720 shall not apply to this section.

(L. 1985 H.B. 369, A.L. 2009 H.B. 132) Statutes

311.182. Exclusive areas for wholesalers–violation of area

limitations by wholesalers or brewers, penalties.

1. No brewer or manufacturer of malt liquor, who designates a

specific geographic area for which a wholesaler shall be responsible,

shall enter into any agreement with any other person for the purpose

of establishing an additional wholesaler for the same brands of malt

liquor in such designated area. Provided, however, that section

311.181 and this section shall not prevent a brewer, manufacturer or

wholesaler of malt liquor from exercising or enforcing any rights or

obligations established by or contained within any written agreement

required by section 311.181.

2. Any wholesaler or brewer who shall violate the provisions of

section 311.181 or this section, or permit his employees, officers or

agents to do so, shall be guilty of a misdemeanor, and upon conviction

thereof shall be punished only as follows:

(1) For the first offense, by a fine of one thousand dollars;

(2) For a second offense, by a fine of five thousand dollars; and

(3) For a third offense, by a fine of twenty-five thousand dollars.

3. The provisions of section 311.720 shall not apply to this section.

Statutes

(L. 1985 H.B. 369, A.L. 2009 H.B. 132)

311.185. Shipments of alcohol to residents permitted, when.

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 this state 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 this state, the

wine manufacturer shall first obtain a wine direct shipper license as

follows:

(1) File an application with the division of alcohol and tobacco con-

trol; 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 Tax and Trade Bureau;

(4) Only ship wine manufactured on the winery premises;

(5) Ensure that all containers of wine 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" or are conspicuously labeled with

wording preapproved by the division of alcohol and tobacco control;

(6) If the winery is located outside of this state, 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, pay 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 neces-

sary beyond that already required for retail sales from the winery tast-

ing room to ensure compliance with 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 its license

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

wine directly to a resident of this state who is at least twenty-one years

of age or older. Before transporting any shipment of wine to a resident

of this state, 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 wine shipped which include the license number

and name of the winery or retailer, quantity of wine shipped,

recipients; name and address, and an electronic or paper form of

signature from the recipient of the wine.

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. Statutes

(L. 2007 S.B. 299 & S.B. 616)

311.190. Wine or brandy manufacturer's license, fee–use of

materials produced outside state, limitation, exception–what sales

may be made, when.

1. For the privilege of manufacturing wine or brandy, which

manufacturing shall be in accordance with all provisions of federal

law applicable thereto except as may otherwise be specified in this

section, in quantities not to exceed five hundred thousand gallons, not

in excess of eighteen percent of alcohol by weight for wine, or not in

excess of thirty-four percent of alcohol by weight for brandy, from

grapes, berries, other fruits, fruit products, honey, and vegetables

produced or grown in the state of Missouri, exclusive of sugar, water

and spirits, there shall be paid to and collected by the director of

revenue, in lieu of the charges provided in section 311.180, a license

fee of five dollars for each five hundred gallons or fraction thereof of

wine or brandy produced up to a maximum license fee of three

hundred dollars.

2. Notwithstanding the provisions of subsection 1 of this section, a

manufacturer licensed under this section may use in any calendar year

such wine- and brandy-making material produced or grown outside

the state of Missouri in a quantity not exceeding fifteen percent of the

manufacturer's wine entered into fermentation in the prior calendar

year.

3. In any year when a natural disaster causes substantial loss to the

Missouri crop of grapes, berries, other fruits, fruit products, honey or

vegetables from which wines are made, the director of the department

of agriculture shall determine the percent of loss and allow a certain

additional percent, based on the prior calendar year's production of

such products, to be purchased outside the state of Missouri to be used

and offered for sale by Missouri wineries.

4. A manufacturer licensed under this section may purchase and sell

bulk or packaged wines or brandies received from other manufacturers

licensed under this section and may also purchase in bulk, bottle and

sell to duly licensed wineries, wholesalers and retail dealers on any

day except Sunday, and a manufacturer licensed under this section

may offer samples of wine, may sell wine and brandy in its original

package directly to consumers at the winery, and may open wine so

purchased by customers so that it may be consumed on the winery

premises on Monday through Saturday between 6:00 a.m. and

midnight and on Sunday between 6:00 a.m. and 1:30 a.m. on

Mondays. Statutes

(L. 1943 p. 620 § 4898a, A.L. 1945 p. 1056, A.L. 1969 H.B. 237, A.L. 1979 H.B. 701,

A.L. 1982 H.B. 1323, A.L. 1993 H.B. 63, A.L. 1994 S.B. 474, A.L. 1999 S.B. 391, A.L.

2007 S.B. 299 & S.B. 616, A.L. 2021 S.B. 126)

311.191. Vintage wine, definition–sale of vintage wine through

auction, authorized sellers–licenses to auction–auction conducted,

where, no consumption, issuance period, fee–shipment out of

state–tastings–auctioneer subject to regulations–penalty.

1. As used herein, the term "vintage wine" means bottled domestic

white, rose or sparkling wine which is not less than five years old,

domestic red wine which is not less than ten years old, or imported

white, rose, red, sparkling or port wine which is not less than three

years old.

2. Notwithstanding any other provisions of this chapter, any munici-

pality or person legally owning, controlling or possessing a private

collection of vintage wines in their original packages, including an

executor, administrator, personal representative, guardian or

conservator of an estate, sheriff, trustee in bankruptcy, or person

appointed or authorized by a court to act upon or execute a court order

or writ of execution with regard to the disposition of that vintage wine,

is authorized to sell that vintage wine at auction on consignment

through an auctioneer licensed herein. The auctioneer involved in such

sale shall ensure that each bottle of vintage wine sold from a private

collection has a permanently fixed label stating that the bottle was

acquired from a private collection.

3. The supervisor of liquor control is hereby authorized to issue a

license to conduct auctions of vintage wine to any person licensed as

an auctioneer pursuant to chapter 343, RSMo, and regularly

conducting business as an auctioneer at a fixed location in this state

within a city in a county of the first classification with a charter form

of government; provided, however, that no such license to auction

vintage wine may be issued to any person, or any entity controlled in

whole or in part by a person, who:

(1) Has been convicted of a felony or of any offense under this*

chapter;

(2) Either possesses a current license to sell intoxicating liquor at

wholesale or retail, or previously possessed such a license which was

revoked for cause; or

(3) Has not been continuously in business in this state as an

auctioneer for a period of ten years prior to making application for

such license to auction vintage wine. The license to auction vintage

wine shall be in addition to any license or permit requirements

imposed by ordinance within the county or municipal jurisdictions in

which the auctioneer conducts such business.

4. No auction of vintage wine may be conducted off the business

premises of the auctioneer. No vintage wine sold at auction shall be

consumed on the premises of the auctioneer, nor shall any original

package of vintage wine be opened on such premises in the course of

any such auction, except as provided herein. A license to conduct

auctions of vintage wine shall be issued for a period of one year and

shall authorize the auctioneer to conduct not more than six auctions of

vintage wine during such year. The license shall be issued in such

form and upon the completion of such application as may be required

by the supervisor of liquor control. The fee for such license shall be

five hundred dollars per year.

5. A municipality or person legally owning, controlling or possessing

a private collection of vintage wines in their original packages may

ship the vintage wine in such packages from any location within the

state of Missouri to an auctioneer licensed pursuant to this act. Upon

receipt of the vintage wine the auctioneer shall be responsible for the

storage and warehousing thereof, for the labeling thereof pursuant to

the requirements of subsection 2 of this section, for the delivery of the

vintage wine to the purchasers at auction, and for the payment and

transfer of any applicable state and local taxes in connection with the

auction sale.

6. An auctioneer licensed to sell vintage wine pursuant to this section

may hold vintage wine tastings on the premises where an auction of

such vintage wine is to be conducted within the period of twenty-four

hours immediately preceding the commencement of the auction.

7. An auctioneer licensed pursuant to this section shall be subject to

all restrictions, regulations and provisions of this chapter governing

the acquisition, storage and sale of intoxicating liquor for off-premises

consumption which are not inconsistent with the provisions of this*

section.

8. An auctioneer who affixes a label to any bottle of vintage wine, as

provided in subsection 2 of this section, without having determined

through the exercise of reasonable diligence that the wine was

acquired from a bona fide private collection, shall be guilty of a class

C misdemeanor and, upon a finding of or plea of guilty with regard to

any such misdemeanor, shall be subject to cancellation of the license

issued pursuant to subsection 3 of this section. Statutes

(L. 1996 S.B. 933, A.L. 2005 S.B. 262) *The word "this" does not appear in original rolls.

**"This act" (S.B. 933, 1996) contains numerous sections. Consult Disposition of Sections

table for definitive listing.

311.192. Wine manufacturer defined.

The term "wine manufacturer" as used in this chapter shall mean

any person, partnership, association of persons, or corporation who

has procured a license under subdivision (2) of subsection 1 of section

311.180 or section 311.190, and who manufactures in excess of two

hundred gallons of wine per calendar year. Statutes

(L. 2009 H.B. 132)

311.193. Vintage wine, municipalities may sell by sealed bids–

issuance of license, restrictions–consumption on premises prohib-

ited, when–shipping–wine tastings–violations, and penalty.

1. As used in this section, the term "vintage wine" means bottled

domestic white, rose, or sparkling wine which is not less than five

years old, domestic red wine which is not less than ten years old, or

imported white, rose, red, sparkling, or port wine which is not less

than three years old.

2. Notwithstanding any other provisions of this chapter, any munici-

pality legally owning, controlling or possessing a private collection of

vintage wines in their original packages is authorized to sell such

Vintage wine through a sealed bid process. The municipality may set a

minimum bid and may reserve the right to reject all bids. The

municipality shall designate a municipal employee to sell vintage wine

through a sealed bid process who shall ensure that each bottle of

vintage wine sold from a private collection has a permanently fixed

label stating that the bottle was acquired from a private collection.

3. The supervisor of liquor control is hereby authorized to issue a

license to a designated municipal employee provided that no such

license to sell vintage wine through a sealed bid process may be issued

to any person who:

(1) Has been convicted of a felony or of any offense under this

chapter;

(2) Either possesses a current license to sell intoxicating liquor at

wholesale or retail, or previously possessed such a license which was

revoked for cause.

4. The license to sell vintage wine through a sealed bid process shall

be in addition to any license or permit requirements imposed by ordi-

nance within the county or municipality.

5. No vintage wine sold through the sealed bid process shall be

consumed on the premises of the municipality, nor shall any original

package of vintage wine be opened on such premises, except as

provided herein. A license to sell vintage wine through a sealed bid

process shall be issued for a period of one year and shall authorize the

designated municipal employee to sell such wine not more than six

different times during that year. The license shall be issued in such

form and upon completion of such application as may be required by

the supervisor of liquor control. The fee for such license shall be fifty

dollars per year which shall be paid by the municipality.

6. The municipality legally owning, controlling, or possessing a

private collection of vintage wines in their original packages may ship

the vintage wine in such packages from any location within the state

of Missouri to the designated municipal employee licensed pursuant to

this section. Upon receipt of the vintage wine the designated

municipal employee shall be responsible for the storage and ware-

housing thereof, for the labeling thereof pursuant to the requirements

of subsection 2 of this section, for the delivery of the vintage wine to

the purchasers, and for the payment and transfer of any applicable

state and local taxes in connection with the sale.

7. The designated municipal employee licensed to sell vintage wine

pursuant to this section may hold vintage wine tastings on the prem-

ises where the vintage wine is stored within the period of twenty-four

hours immediately preceding the first date on which sealed bids will

be accepted.

8. The designated municipal employee licensed pursuant to this sec-

tion shall be subject to all restrictions, regulations, and provisions of

this chapter governing the acquisition, storage, and sale of intoxicating

liquor for off-premises consumption which are not inconsistent with

the provisions of this section.

9. A municipal employee designated by the municipality to sell vin-

tage wine through a sealed bid process who affixes a label to any bot-

tle of wine, as provided in subsection 2 of this section, without having

determined through the exercise of reasonable diligence that the wine

was acquired from a bona fide private collection, shall be guilty of a

class C misdemeanor and, upon a finding of or plea of guilty with

regard to any such misdemeanor, shall be subject to a cancellation of

the license issued pursuant to subsection 3 of this section. Statutes

(L. 2005 S.B. 262)

311.195. Microbrewery, defined–license, fee–retail license

allowed, procedure–sale to wholesalers allowed, when–certain

exemptions, when.

1. As used in this section, the term "microbrewery" means a

business whose primary activity is the brewing and selling of beer,

with an annual production of ten thousand barrels or less.

2. A microbrewer’s license shall authorize the licensee to manufacture

beer and malt liquor in quantities not to exceed ten thousand barrels

per annum. In lieu of the charges provided in section 311.180, a

license fee of five dollars for each one hundred barrels or fraction

thereof, up to a maximum license fee of two hundred fifty dollars,

shall be paid to and collected by the director of revenue.

3. Notwithstanding any other provision of this chapter to the contrary,

the holder of a microbrewer’s license may apply for, and the

supervisor of alcohol and tobacco control may issue, a license to sell

all kinds of intoxicating liquor, as defined in this chapter, by the drink

at retail for consumption on the premises of the microbrewery or in

close proximity to the microbrewery. No holder of a microbrewer’s

license, or any employee, officer, agent, subsidiary, or affiliate

thereof, shall have more than ten licenses to sell intoxicating liquor by

the drink at retail for consumption on the premises.

4. The holder of a microbrewer’s license may also sell beer and malt

liquor produced on the brewery premises to duly licensed wholesalers.

However, holders of a microbrewer’s license shall not, under any

circumstances, directly or indirectly, have any financial interest in any

wholesaler’s business, and all such sales to wholesalers shall be

subject to the restrictions of sections 311.181 and 311.182.

5. A microbrewer who is a holder of a license to sell intoxicating

liquor by the drink at retail for consumption on the premises shall be

exempt from the provisions of section 311.280, for such intoxicating

liquor that is produced on the premises in accordance with the

provisions of this chapter. For all other intoxicating liquor sold by the

drink at retail for consumption on the premises that the microbrewer

possesses a license for must be obtained in accordance with section

311.280. Statutes

(L. 1990 H.B. 1180, A.L. 1993 H.B. 63, A.L. 2003 S.B. 298 merged with S.B. 540, A.L.

2009 H.B. 132, A.L. 2016 S.B. 919)

311.196. Consumption off the premises, sale of beer permitted

for restaurant bar without an on-site brewery, when.

Notwithstanding any other provision of law to the contrary, any

restaurant bar without an on-site brewery that serves twenty or more

different types of draft beer may sell thirty-two fluid ounces or more

of such beer to customers for consumption off the premises of such

bar or tavern. As used in this section, the term "restaurant bar" means

any establishment having a restaurant or similar facility on the

premises at least fifty percent of the gross income of which is derived

from the sale of prepared meals or food consumed on such premises.

Statutes

(L. 2009 H.B. 132, A.L. 2012 H.B. 1498)

311.197. Samples, furnishing and acceptance of, when.

1. A wholesaler of malt liquor may furnish or give, and a retailer may

accept, a sample of malt liquor as long as the retailer has not

previously purchased the brand of malt liquor from that wholesaler if

all of the following requirements are met:

(1) The sample shall not be more than seventy-two fluid ounces;

except if a particular product is not available in a size of seventy-two

fluid ounces or less, a wholesaler may furnish or give the next larger

size to the retailer;

(2) The wholesaler shall keep a record of the name of the retailer

and the quantity of each brand furnished or given to such retailer; and

(3) No samples of malt liquor provided shall be consumed or opened

on the premises of the retailer except as provided by the retail license.

2. For purposes of this section, brands shall be differentiated by

differences in the brand names of the products or the nature of the

products, including products that differ in the designation of class,

type, or kind. Differences in packaging, such as differences in the

style, type, or size of the product container or the color or design of a

label shall not be considered different brands. Statutes

(L. 2013 S.B. 121)

311.198. Portable refrigeration units, lease to retail licensee,

when — requirements — duration of lease — rulemaking

authority — expiration date.

1. Notwithstanding any other provision of law, rule, or regulation to

the contrary, a brewer may lease to the retail licensee and the retail

licensee may accept portable refrigeration units at a total lease value

equal to the cost of the unit to the brewer plus two percent of the total

lease value as of the execution of the lease. Such portable refrigeration

units shall remain the property of the brewer. The brewer may also

enter into lease agreements with wholesalers, who may enter into

sublease agreements with retail licensees in which the value contained

in the sublease is equal to the unit cost to the brewer plus two percent

of the total lease value as of the execution of the lease. If the lease

agreement is with a wholesaler, the portable refrigeration units shall

become the property of the wholesaler at the end of the lease period,

which is to be defined between the brewer and the wholesaler. A

wholesaler may not directly or indirectly fund the cost or maintenance

of the portable refrigeration units. Brewers shall be responsible for

maintaining adequate records of retailer payments to be able to verify

fulfillment of lease agreements. No portable refrigeration unit may

exceed forty cubic feet in storage space. A brewer may lease, or

wholesaler may sublease, not more than one portable refrigeration unit

per retail location. Such portable refrigeration unit may bear in a

conspicuous manner substantial advertising matter about a product or

products of the brewer and shall be visible to consumers inside the

retail outlet. Notwithstanding any other provision of law, rule,

regulation, or lease to the contrary, the retail licensee is hereby

authorized to stock, display, and sell any product in and from the

portable refrigeration units. No dispensing equipment shall be attached

to a leased portable refrigeration unit, and no beer, wine, or

intoxicating liquor shall be dispensed directly from a leased portable

refrigeration unit. Any brewer or wholesaler that provides portable

refrigeration units shall within thirty days thereafter notify the division

of alcohol and tobacco control on forms designated by the division of

the location, lease terms, and total cubic storage space of the units.

The division is hereby given authority, including rulemaking

authority, to enforce this section and to ensure compliance by having

access to and copies of lease, payment, and portable refrigeration unit

records and information.

2. Any lease or sublease executed under this section shall not exceed

five years in duration and shall not contain any provision allowing for

or requiring the automatic renewal of the lease or sublease.

3. Any rule or portion of a rule, as that term is defined in section

536.010, 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 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the

powers vested with the general assembly pursuant to chapter 536 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 January 1, 2017, shall

be invalid and void.

4. This section shall expire on January 1, 2026. Any lease or

sublease executed under this section prior to January 1, 2026, shall

remain in effect until the expiration of such lease or sublease. Statutes

(L. 2016 S.B. 919) Effective 1-01-17

*Expires 1-01-20 311.200. **(L. 2019 S B 197 extends expiration date to January 1,

2026)

311.200. Licenses — retail liquor dealers — fees — applications.

1. No license shall be issued for the sale of intoxicating liquor in the

original package, not to be consumed upon the premises where sold,

except to a person engaged in, and to be used in connection with, the

operation of one or more of the following businesses: a drug store, a

cigar and tobacco store, a grocery store, a general merchandise store, a

confectionery or delicatessen store, nor to any such person who does

not have and keep in his or her store a stock of goods having a value

according to invoices of at least one thousand dollars, exclusive of

fixtures and intoxicating liquors. Under such license, no intoxicating

liquor shall be consumed on the premises where sold nor shall any

original package be opened on the premises of the vendor except as

otherwise provided in this law. For every license for sale at retail in

the original package, the licensee shall pay to the director of revenue

the sum of one hundred dollars per year.

2. For a permit authorizing the sale of malt liquor, as defined in

section 311.490, by grocers and other merchants and dealers in the

original package direct to consumers but not for resale, a fee of fifty

dollars per year payable to the director of the department of revenue

shall be required. The phrase "original package" shall be construed

and held to refer to any package containing one or more standard

bottles, cans, or pouches of beer. Notwithstanding the provisions of

section 311.290, any person licensed pursuant to this subsection may

also sell malt liquor at retail between the hours of 6:00 a.m. on

Sundays and 1:30 a.m. on Mondays.

3. For every license issued for the sale of malt liquor, as defined in

section 311.490, at retail by drink for consumption on the premises

where sold, the licensee shall pay to the director of revenue the sum of

fifty dollars per year. Notwithstanding the provisions of section

311.290, any person licensed pursuant to this subsection may also sell

malt liquor at retail between the hours of 6:00 a.m. on Sundays and

1:30 a.m. on Mondays.

4. For every license issued for the sale of malt liquor, as defined in

section 311.490, and light wines containing not in excess of fourteen

percent of alcohol by weight made exclusively from grapes, berries

and other fruits and vegetables, at retail by the drink for consumption

on the premises where sold, the licensee shall pay to the director of

revenue the sum of fifty dollars per year.

5. For every license issued for the sale of all kinds of intoxicating

liquor, at retail by the drink for consumption on premises of the

licensee, the licensee shall pay to the director of revenue the sum of

three hundred dollars per year, which shall include the sale of

intoxicating liquor in the original package.

6. For every license issued to any railroad company, railway sleeping

car company operated in this state, for sale of all kinds of intoxicating

liquor, as defined in this chapter, at retail for consumption on its

dining cars, buffet cars and observation cars, the sum of one hundred

dollars per year. A duplicate of such license shall be posted in every

car where such beverage is sold or served, for which the licensee shall

pay a fee of one dollar for each duplicate license.

7. All applications for licenses shall be made upon such forms and in

such manner as the supervisor of alcohol and tobacco control shall

prescribe. No license shall be issued until the sum prescribed by this

section for such license shall be paid to the director of revenue. Statutes

(RSMo 1939 § 4901, A.L. 1945 p. 1043, A.L. 1945 p. 1061, A. 1949 S.B. 1114, A.L. 1981

S.B. 126, A.L. 1983 H.B. 85, et al., A.L. 1995 S.B. 43, A.L. 2003 S.B. 298, A.L. 2009

H.B. 132, A.L. 2013 S.B. 121, A.L. 2014 S.B. 653, A.L. 2014 H.B. 1304 merged with S.B.

689, A.L. 2016 S.B. 919, A.L. 2021 S.B. 126)

(1954) Operator of drug store which was located within zoning district in city in which the

sale of intoxicating liquors was not authorized, held not entitled to a license from the city

for sale of such liquor in original packages. State ex rel. Barnett v. Sappington (A.), 266

S.W.2d 774.

311.201. Draft beer, sale of 32 to 128 fluid ounces dispensed on

premises for consumption off premises — requirements.

1. Any person who is licensed to sell intoxicating liquor in the original

package at retail as provided in subsection 1 of section 311.200 may

sell from thirty-two to one hundred twenty-eight fluid ounces of draft

beer to customers in containers filled by any employee of the retailer

on the premises for consumption off such premises. Any employee of

the licensee shall be at least twenty-one years of age to fill containers

with draft beer.

2. No provision of law, rule, or regulation of the supervisor of alcohol

and tobacco control shall be interpreted to allow any wholesaler,

distributor, or manufacturer of intoxicating liquor to furnish

dispensing or cooling equipment, or containers that are filled or

refilled under subsection 1 of this section, to any person who is

licensed to sell intoxicating liquor in the original package at retail as

provided in subsection 1 of section 311.200.

3. (1) Containers that are filled or refilled under subsection 1 of this

section shall be affixed with a label or a tag that shall contain the

following information in type not smaller than three millimeters in

height and not more than twelve characters per inch:

(a) Brand name of the product dispensed;

(b) Name of brewer or bottler;

brewed or fermented beverage;

(d) Net contents;

(e) Name and address of the business that filled or refilled the

container;

(f) Date of fill or refill;

(g) The following statement: “This product may be unfiltered and

unpasteurized. Keep refrigerated at all times.”

(2) Containers that are filled or refilled under subsection 1 of this

section shall be affixed with the alcoholic beverage health warning

statement as required by the Federal Alcohol Administration Act, 27

CFR Sections 16.20 to 16.22.

4. (1) The filling and refilling of containers shall only occur on

demand by a customer and containers shall not be prefilled by the

retailer or its employee.

(2) Containers shall only be filled or refilled by an employee of the

retailer.

(3) Containers shall be filled or refilled as follows:

(a) Containers shall be filled or refilled with a tube as described in

subdivision (4) of this subsection and:

a. Food grade sanitizer shall be used in accordance with the

Environmental Protection Agency registered label use instructions;

b. A container of liquid food-grade sanitizer shall be maintained

for no more than ten malt beverage taps that will be used for filling

and refilling containers;

c. Each container shall contain no less than five tubes that will

be used only for filling and refilling containers;

d. The container shall be inspected visually for contamination;

e. After each filling or refilling of a container, the tube shall be

immersed in the container with the liquid food-grade sanitizer; and

f. A different tube from the container shall be used for each

filling or refilling of a container; or

(b) Containers shall be filled or refilled with a contamination-free

process and:

a. The container shall be inspected visually for contamination;

b. The container shall only be filled or refilled by the retailer’s

employee; and

c. The filling or refilling shall be in compliance with the Food

and Drug Administration Code 2009, Section 3-304.17(c).

(4) Containers shall be filled or refilled from the bottom of the

container to the top with a tube that is attached to the malt beverage

faucet and extends to the bottom of the container or with a commercial

filling machine.

(5) When not in use, tubes to fill or refill shall be immersed and

stored in a container with liquid food-grade sanitizer.

(6) After filling or refilling a container, the container shall be sealed

as set forth in subsection 1 of this section. Statutes

(L. 2016 S.B. 919)

311.202. Sale of retailer-packaged alcoholic beverages to

customers in containers for off-premises consumption, when —

requirements.

1. Notwithstanding any provision of law to the contrary, any person

who is licensed to sell intoxicating liquor at retail by the drink for on-

premises consumption may sell retailer-packaged alcoholic beverages

to customers in containers, filled on such premises by any employee

of the retailer who is twenty-one years of age or older, for off-

premises consumption if all the following requirements are met:

(1) The container of the alcoholic beverage is rigid, durable,

leakproof, sealable, and designed to prevent consumption without

removal of the tamperproof cap or seal. A sealable container does not

include a container with a lid with sipping holes or openings for

straws;

(2) The contents of each container do not exceed one hundred

twenty-eight ounces;

(3) The patron orders and purchases a meal from the licensee

simultaneous with the alcoholic beverage purchase. For purposes of

this subdivision, a "meal" is defined as food that has been prepared

on-premises;

(4) The number of alcoholic beverages sold under this section by a

licensee for off-premises consumption is limited to twice the number

of meal servings sold by the licensee for off-premises consumption;

(5) The licensee provides the patron with a dated receipt or an

electronic record for the meal and alcohol beverages; and

(6) The container is either:

(a) Placed in a one-time-use, tamperproof, transparent bag that is

securely sealed; or

(b) The container opening is sealed with tamperproof tape.

For purposes of this subdivision, "tamperproof" means that a lid,

cap, or seal visibly demonstrates when a bag or container has been

opened.

2. Containers that are filled under subsection 1 of this section shall be

affixed with a label or a tag that contains the name and address of the

business that filled the container, in type not smaller than three

millimeters in height and not more than twelve characters per inch,

and states, "THIS BEVERAGE CONTAINS ALCOHOL.".

3. The filling of a container under this section shall be in compliance

with Section 3-304.17(C) of the 2009 Food and Drug Administration

Food Code.

4. No provision of law, or rule or regulation of the division of alcohol

and tobacco control, shall be interpreted to allow any wholesaler,

distributor, or manufacturer of intoxicating liquor to furnish containers

that are filled under subsection 1 of this section to any person who is

licensed to sell intoxicating liquor at retail. . Statutes

(L. 2021 S.B. 126)

311.205. Self-dispensing of beer permitted, when.

1. Any person licensed to sell liquor at retail by the drink for

consumption on the premises where sold may use a self-dispensing

system, which is monitored and controlled by the licensee and allows

patrons of the licensee to self-dispense beer or wine. Before a patron

may dispense beer or wine, an employee of the licensee must first

authorize an amount of beer or wine, not to exceed thirty-two ounces

of beer or sixteen ounces of wine per patron per authorization, to be

dispensed by the self-dispensing system.

2. No provision of law or rule or regulation of the supervisor shall be

interpreted to allow any wholesaler, distributor, or manufacturer of

intoxicating liquor to furnish self-dispensing or cooling equipment or

provide services for the maintenance, sanitation, or repair of self-

dispensing systems. Statutes

(L. 2012 H.B. 1498, A.L. 2016 S.B. 919 merged with S.B. 994)

Effective 8-28-16 (S.B. 919); *10-14-16 (S.B. 994), see § 21.250

*S.B. 994 was vetoed July 1, 2016. The veto was overridden on September 14, 2016.

311.210. Application–remittance, made to whom, powers of

supervisor.

1. All applications for all licenses mentioned in this chapter shall be

made to the supervisor of liquor control and shall be accompanied by

a proper remittance made payable to the director of revenue.

2. The supervisor of liquor control shall have the power and duty to

determine whether each application for such license shall be approved

or disapproved. Upon disapproval of any application for a license, the

supervisor of liquor control shall so notify the applicant in writing,

setting forth therein the grounds and reasons for disapproval, and shall

return therewith the applicant's remittance. Upon approval of any

application for a license, the supervisor of liquor control shall issue to

the applicant the appropriate license and contemporaneously with such

issuance shall file a notice of the issuance of such license together

with the applicant's remittance in payment of the same with the

director of revenue. The director of revenue shall immediately issue a

receipt in duplicate for such payment, one copy of which shall be filed

with the supervisor of liquor control and one copy retained by the

director of revenue. Statutes

(RSMo 1939 § 4888, A.L. 1945 p. 1043)

311.211. Fishing skills contest, ticket sales to participants on

premises not ground to deny license.

Sales of tickets for participation in fishing contests wherein the skill of

the participant is an element shall not be construed as gambling or

participation in gambling activities for the purpose of administering

the provisions of this chapter, or rules and regulations made pursuant

thereto. The division of alcohol and tobacco control shall not deny,

suspend or revoke any license issued under those chapters because of

the sale of such tickets on the licensed premises. Statutes

(L. 1989 S.B. 419 § 1, A.L. 2009 H.B. 132)

311.212. Licenses, suspension or revocation of, violations occur-

ring more than three years prior, not valid grounds.

The division of liquor control shall not suspend, revoke, refuse to

renew or refuse to grant a license issued under the provisions of this

chapter based on a violation of any provision of this chapter or of any

rule or regulation promulgated by the supervisor of liquor control,

when such violation occurred more than three years prior to the

division's decision to suspend, revoke, refuse to renew or refuse to

grant such license. Statutes

(L. 1987 S.B. 150 § 2, A.L. 2009 H.B. 132)

311.218. Fourth of July celebrations, temporary permits for

wine and malt liquor for certain organizations, fee.

1. Other provisions of this chapter to the contrary notwithstanding, a

permit for the sale of wine and malt liquor for consumption on the

premises where sold may be issued to any church, school, civic,

service, fraternal, veteran, political, or charitable club or organization

for sale of such wine and malt liquor at any picnic, bazaar, fair,

festival or similar gathering or event held to commemorate the annual

anniversary of the signing of the Declaration of Independence of the

United States. Such permit shall be issued only during the period from

June fifteenth to July fifteenth annually and only for the day or days

named therein and it shall not authorize the sale of wine and malt

liquor except between the hours of 6:00 a.m. and 1:30 a.m. and for not

more than seven days by any such organization. The permit may be

issued to cover more than one place of sale within the general confines

of the place where the gathering or event is held; provided, however,

no permit shall be issued to any organization which selects or restricts

the membership thereof on the basis of race, religion, color, creed, or

place of national origin. For the permit, the holder thereof shall pay to

the director of revenue the sum of one hundred dollars. No provision

of law or rule or regulation of the supervisor shall prevent any

wholesaler or distributor from providing customary storage, cooling or

dispensing equipment for use by the holder of the permit at such

gathering or event.

2. As used in this section the term "wine" means a beverage

containing not in excess of fourteen percent of alcohol by weight.

Statutes

(L. 1983 H.B. 460, A.L. 2009 H.B. 132, A.L. 2021 S.B. 126)

311.220. Counties and cities may charge for licenses — amount

— display of license.

1. In addition to the permit fees and license fees and inspection fees by

this law required to be paid into the state treasury, every holder of a

permit or license authorized by this law shall pay into the county

treasury of the county wherein the premises described and covered by

such permit or license are located, or in case such premises are located

in the City of St. Louis, to the collector of revenue of said city, a fee in

such sum not in excess of the amount by this law required to be paid

into the state treasury for such state permit or license, as the county

commission, or the corresponding authority in the City of St. Louis, as

the case may be, shall by order of record determine, and shall pay into

the treasury of the municipal corporation, wherein said premises are

located, a license fee in such sum, not exceeding one and one-half

times the amount by this law required to be paid into the state treasury

for such state permit or license, as the lawmaking body of such

municipality, including the City of St. Louis may by ordinance

determine.

2. The board of aldermen, city council or other proper authorities of

incorporated cities may charge for licenses issued to manufacturers,

distillers, brewers, wholesalers and retailers of all intoxicating liquor,

located within their limits, fix the amount to be charged for such

license, subject to the limitations of this law, and provide for the

collection thereof, make and enforce ordinances for the regulation and

control of the sale of all intoxicating liquors within their limits,

provide for penalties for the violation of such ordinances, where not

inconsistent with the provisions of this law.

3. Every licensee shall keep displayed prominently at all times on their

licensed premises any city or county license designating their premises

as a place licensed by the city or county to sell intoxicating liquors.

Nonetheless, no application shall be disapproved by the supervisor of

alcohol and tobacco control for failure to possess a city or county

license when making application for a license. Within ten days from

the issuance of said city or county license, the licensee shall file with

the supervisor of alcohol and tobacco control a copy of such city or

county license. Statutes

(RSMo 1939 § 4904, A.L. 2016 S.B. 919)

(1954) In certiorari proceeding to review denial of liquor license by city liquor control

director, court could only quash its writ or quash the decision of the director of liquor

control. State ex rel. Bruno v. Johnson (A.), 270 S.W.2d 99.

(1956) Evidence that applicant for city liquor license was sole owner of business rather

than partner of her husband held sufficient to require issuance of such license. State ex rel.

Sirna v. Johnson (A.), 287 S.W.2d 114.

(1957) City ordinance prohibiting sales by any wholesaler to retailers who are delinquent

in payment of accounts to any wholesaler held valid and not in conflict with either the

liquor control law or the nonintoxicating beer law. Passler v. Johnson (Mo.), 304 S.W.2d

903.

(1968) Evidence sufficient to support petition for writ of mandamus to compel city council

to issue liquor license. State v. City of St. Robert (A.), 424 S.W.2d 73.

(1969) No provision is made for notice and hearing in case of municipal authority to grant

or deny liquor license and court will not imply requirement of notice. Kopper Kettle

Restaurants, Inc. v. City of St. Robert (A.), 439 S.W.2d 1.

311.230. Application for license to manufacture or sell made to

supervisor.

Application for license to manufacture or sell intoxicating liquor,

under the provisions of this law, shall be made to the supervisor of

liquor control. Statutes

(RSMo 1939 § 4896, A.L. 1967 p. 424)

311.240. Period of license–federal license required–contents of

license–renewals.

1. On approval of the application and payment of the license tax

provided in this chapter, the supervisor of liquor control shall grant the

applicant a license to conduct business in the state for a term to expire

with the thirtieth day of June next succeeding the date of such license.

A separate license shall be required for each place of business. Of the

license tax to be paid for any such license, the applicant shall pay as

many twelfths as there are months (part of a month counted as a

month) remaining from the date of the license to the next succeeding

July first.

2. No such license shall be effective, and no right granted thereby shall

be exercised by the licensee, unless and until the licensee shall

have obtained and securely affixed to the license in the space provided

therefor an original stamp or other form of receipt issued by the duly

authorized representative of the federal government, evidencing the

payment by the licensee to the federal government of whatever excise

or occupational tax is by any law of the United States then in effect

required to be paid by a dealer engaged in the occupation designated

in said license. Within ten days from the issuance of said federal

stamp or receipt, the licensee shall file with the supervisor of liquor

control a photostat copy thereof, or such duplicate or indented and

numbered stub therefrom as the federal government may have issued

to the taxpayer with the original.

3. Every license issued under the provisions of this chapter shall

particularly describe the premises at which intoxicating liquor may be

sold thereunder, and such license shall not be deemed to authorize or

permit the sale of intoxicating liquor at any place other than that

described therein.

4. Applications for renewal of licenses must be filed on or before the

first day of May of each calendar year.

5. In case of failure to submit the completed renewal application

required under subsection 4 of this section on or before the first day of

May, there shall be added to the amount of the renewal fee a late

charge of one hundred dollars from the second day of May to the last

day of May; a late charge of two hundred dollars if the renewal

application is submitted on the first day of June to the last day of June;

or a late charge of three hundred dollars if the renewal application is

submitted after the last day of June. Statutes_2

(RSMo 1939 § 4897, A.L. 2007 S.B. 299 & S.B. 616)

311.250. Licenses nontransferable–exceptions.

1. No license issued under this chapter shall be transferable or

assignable except as herein provided. In the event of the death of the

licensee, the widow or widower or the next of kin of such deceased

licensee, who shall meet the other requirements of this law may make

application and the supervisor of liquor control may transfer such

license to permit the operation of the business of the deceased for the

remainder of the period for which a license fee has been paid by the

deceased.

2. Whenever one or more members of a partnership withdraws from

the partnership the supervisor of liquor control, upon being requested,

shall permit the remaining partner, or partners, originally licensed, to

continue to operate for the remainder of the period for which the

license fee has been paid, without obtaining a new license. Statutes_2

(RSMo 1939 § 4893, A.L. 1947 V. I p. 372)

311.260. More than five licenses by any one person prohibited,

exception.

1. No person, corporation, employee, officer, agent, subsidiary, or

affiliate thereof, shall:

(1) Have more than five licenses; or

(2) Be directly or indirectly interested in any business of any other

person, corporation, or employee, officer, agent, subsidiary, or

affiliate thereof, who sells intoxicating liquor at retail by the drink for

consumption on the premises described in any license; or

(3) Sell intoxicating liquor at retail by the drink for consumption at

the place of sale at more than five places in this state.

2. Notwithstanding any other provision of this chapter or municipal

ordinance to the contrary, for the purpose of determining whether a

person, corporation, employee, officer, agent, subsidiary, or affiliate

thereof has a disqualifying interest in more than five licenses pursuant

to subsection 1 of this section, there shall not be counted any license

to sell intoxicating liquor at retail by the drink for consumption on the

following premises:

(1) Restaurants where at least fifty percent of the gross income of

which is derived from the sale of prepared meals or food consumed on

the premises where sold; or

(2) Establishments which have an annual gross income of at least

two hundred thousand dollars from the sale of prepared meals or food

consumed on the premises where sold; or

(3) Facilities designed for the performance of live entertainment and

where the receipts for admission to such performances exceed one

hundred thousand dollars per calendar year; or

(4) Any establishment having at least forty rooms for the overnight

accommodation of transient guests. Statutes_2

(RSMo 1939 § 4907, A.L. 1971 S.B. 18, A.L. 1990 H.B. 1180, A.L. 1995 S.B. 43, A.L.

2003 S.B. 298, A.L. 2009 H.B. 132)

311.265. Retailer going out of business in debt to wholesaler,

procedure–new license prohibited.

When a retailer licensed under this chapter, is delinquent beyond the

permissible ordinary commercial credit period, the wholesaler shall

notify the supervisor of liquor control in writing of the debt and no

new or renewal license shall be issued to the retailer until the reported

debt is satisfied. The wholesaler shall immediately notify the

supervisor of liquor control in writing when the debt is satisfied. As

used in this section, the term "retailer" shall include an individual,

corporation, partnership or limited liability company, all officers and

directors of such person or entity and all stockholders owning, legally

or beneficially, directly or indirectly, ten percent or more of the stock

of such person or entity. Statutes_2

(L. 1985 H.B. 166, A.L. 1995 S.B. 43, A.L. 2009 H.B. 132)

311.270. License for sale of malt liquor only–certain restric-

tions–penalty for violation.

1. It shall be unlawful for any person, holding a license for the sale of

malt liquor only, to possess, consume, store, sell or offer for sale, give

away or otherwise dispose of, upon or about the premises mentioned

in said license, or, upon or about said premises, to suffer or permit any

person to possess, consume, store, sell or offer for sale, give away or

otherwise dispose of, any intoxicating liquor of any kind whatsoever

other than malt liquor brewed or manufactured by the method, in the

manner, and of the ingredients, required by the laws of this state.

Whosoever shall violate any provision of this section shall be guilty of

a misdemeanor, and upon conviction thereof by any court of com-

petent jurisdiction shall be punished as in this chapter provided as to

misdemeanors. Upon such conviction becoming final, the license of

the person so convicted shall forthwith, and without other or further

action, order or proceeding, be deemed to have been revoked, and

shall by the licensee be forthwith surrendered to the supervisor and

canceled.

2. No license for the sale of malt liquor only shall be issued to any

person having in his possession or on the premises to be licensed a

federal excise or occupational tax stamp or receipt, designating such

person or premises as the person or place for dealing in intoxicating

liquor other than malt liquors, or evidencing the payment of a tax for

being a dealer in liquors other than malt liquors. If any person having

a license for the sale of malt liquors only shall have in his possession

or on the licensed premises a federal excise or occupational tax stamp

or special tax receipt, designating such person or premises as the

person or place for dealing in intoxicating liquors, except malt liquors,

or evidencing the payment of a tax for being a dealer in liquor other

than malt liquors, the license of such person shall be revoked by the

supervisor. In any prosecution for the violation of this section,

evidence that the defendant has in his possession or upon the premises

in question a federal excise or occupational tax stamp or special tax

receipt, designating such person or premises as the person or place for

dealing in intoxicating liquors other than malt liquors, or evidencing

the payment of a tax for being a dealer in liquors, other than malt

liquors, shall be deemed prima facie evidence of a violation of the

provisions of this section.

3. Any person holding a license for the sale of malt liquor only, who

shall have in his possession or upon the licensed premises a federal

excise or occupational tax stamp or receipt, designating such person or

premises as the person or place for dealing in intoxicating liquors,

except malt liquors, or evidencing the payment of a tax for being a

dealer in liquor other than malt liquors, or for a term to expire after the

expiration of his permit, shall be deemed guilty of a misdemeanor and

upon conviction shall be punished by imprisonment in the county jail

for a term of not less than three months, nor more than one year, or by

a fine of not less than one hundred dollars, nor more than one

thousand dollars, or by both such fine and imprisonment. Statutes_2

(RSMo 1939 § 4914, A. 1949 S.B. 1114)

311.273.1 (Repealed L. 2012 H.B. 1498 § A)

311.275. Wholesale-solicitors registration required — primary

American source of supply, defined — vintage wine registration

— approval of application, when.

1. For purposes of tax revenue control, beginning January 1, 1980, no

holder of a license to solicit orders for the sale of intoxicating liquor,

as defined in this chapter, within this state, other than a wholesale-

solicitor, shall solicit, accept, or fill any order for any intoxicating

liquor from a holder of a wholesaler’s license issued under this

chapter, unless the holder of such solicitor’s license has registered

with the division of alcohol and tobacco control as the primary

American source of supply for the brand of intoxicating liquor sold or

sought to be sold. The supervisor of alcohol and tobacco control shall

provide forms for annual registration as the primary American source

of supply, and shall prescribe the procedures for such registration.

2. Beginning January 1, 1980, no holder of a wholesaler’s license

issued under this chapter shall order, purchase or receive any

intoxicating liquor from any solicitor, other than a wholesale-solicitor,

unless the solicitor has registered with the division of alcohol and

tobacco control as the primary American source of supply for the

brand of intoxicating liquor ordered, purchased or received.

3. The term “primary American source of supply” as used herein

shall mean the distiller, producer, the owner of the commodity at the

time it became a marketable product, the bottler, or the exclusive

agent of any such distiller, producer, bottler or owner, the basic

requirement being that the nonresident seller be the first source closest

to the manufacturer in the channel of commerce from whom the

product can be secured by American wholesalers.

4. Any vintage wine solicitor licensed under section 311.180 may

with the division of alcohol and tobacco control, provided that another

solicitor is not registered as the primary American source of supply

for the vintage wine and the vintage wine has been approved for sale

by the federal Alcohol and Tobacco Tax and Trade Bureau.

5. The supervisor of alcohol and tobacco control shall approve or deny

any application for primary American source of supply for any

intoxicating liquor product within five working days following the

receipt of a properly completed application. Any such application for

an intoxicating liquor product received by the supervisor of alcohol

and tobacco control that is not approved or denied within five working

days shall be considered conditionally approved and such intoxicating

liquor product may be solicited, sold, shipped, ordered, purchased, and

received in this state. All such applications submitted by applicants

located in the state, and exclusively doing business in the state, shall

be approved or denied before any such applications originating from

other states are approved or denied. Statutes_2

(L. 1979 H.B. 701, A.L. 2007 S.B. 299 & S.B. 616, A.L. 2017 H.B. 115)

311.280. Unlawful for licensed retailer to purchase from other

than licensed wholesaler–prohibited acts.

1. It shall be unlawful for any person in this state holding a retail

liquor license to purchase any intoxicating liquor except from, by or

through a duly licensed wholesale liquor dealer in this state. It shall be

unlawful for such retail liquor dealer to sell or offer for sale any

intoxicating liquor purchased in violation of the provisions of this

section. Any person violating any provision of this section shall be

deemed guilty of a misdemeanor.

2. Any retailer licensed pursuant to this chapter shall not:

(1) Sell intoxicating liquor with an alcohol content of less than five

percent by weight to the consumer in an original carton received from

the wholesaler that has been mutilated, torn apart, or cut apart; or

(2) Repackage intoxicating liquor with an alcohol content of less

than five percent by weight in a manner misleading to the consumer or

that results in required labeling being omitted or obscured. Statutes_2

(RSMo 1939 § 4913, A.L. 2003 S.B. 298, A.L. 2009 H.B. 132)

311.290. Time fixed for opening and closing premises--closed

place defined--penalty.

No person having a license issued pursuant to this chapter, nor any

employee of such person, shall sell, give away, or permit the

consumption of any intoxicating liquor in any quantity between the

hours of 1:30 a.m. and 6:00 a.m. on weekdays and between the hours

of 1:30 a.m. Sunday and 6:00 a.m. Monday, upon or about his or her

premises. If the person has a license to sell intoxicating liquor by the

drink, his premises shall be and remain a closed place as defined in

this section between the hours of 1:30 a.m. and 6:00 a.m. on weekdays

and between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday.

Where such licenses authorizing the sale of intoxicating liquor by the

drink are held by clubs, hotels, or bowling alleys, this section shall

apply only to the room or rooms in which intoxicating liquor is

dispensed; and where such licenses are held by restaurants or bowling

alleys whose business is conducted in one room only, then the licensee

shall keep securely locked during the hours and on the days specified

in this section all refrigerators, cabinets, cases, boxes, and taps from

which intoxicating liquor is dispensed. A "closed place" is defined to

mean a place where all doors are locked and where no patrons are in

the place or about the premises. Any person violating any provision of

this section shall be deemed guilty of a class A misdemeanor. Nothing

in this section shall be construed to prohibit the sale or delivery of any

intoxicating liquor during any of the hours or on any of the days

specified in this section by a wholesaler licensed under the provisions

of section 311.180 to a person licensed to sell the intoxicating liquor at

retail. Statutes_2

(RSMo 1939 § 4891, A.L. 1941 p. 412, A.L. 1951 p. 16, A.L. 1957 p. 27, A.L. 1967 p.

424, A.L. 1979 S.B. 192, A.L. 1981 S.B. 128, A.L. 1987 S.B. 150, A.L. 2003 S.B. 298,

A.L. 2009 H.B. 132, A.L. 2013 S.B. 59, A.L. 2013 S.B. 121)

(1954) Where customer placed groceries and illegally purchased whiskey in his car which

was parked on driveway of grocery store, a search of his car cannot be objected to by store

owner on prosecution for illegal sale of liquor. State v. Egan (A.), 272 S.W.2d 719.

(1968) The opening and closing hours of liquor establishments under this section are fixed

according to the system or method generally used by the people of Missouri, its business

and commerce, its public agencies, and its political subdivisions, at the time when the

method of computation or the meaning of the statute is brought into question. Playboy

Club, Inc. v. Myers (Mo.), 431 S.W.2d 221.

311.293. Sunday sales, package liquor licensee allowed, hours,

fee–city or county may also charge fee, limitations--exception.

1. Except for any establishment that may apply for a license under

section 311.089, any person possessing the qualifications and meeting

the requirements of this chapter, who is licensed to sell intoxicating

liquor at retail, may apply to the supervisor of alcohol and tobacco

control for a special license to sell intoxicating liquor at retail between

the hours of 6:00 a.m. on Sundays and 1:30 a.m. on Mondays. A

licensee under this section shall pay to the director of revenue an

additional fee of two hundred dollars a year payable at the same time

and in the same manner as its other license fees.

2. In addition to any fee collected pursuant to section 311.220, a city

or county may charge and collect an additional fee not to exceed three

hundred dollars from any licensee under this section for the privilege

of selling intoxicating liquor at retail between the hours of 6:00 a.m.

on Sundays and 1:30 a.m. on Mondays in such city or county;

however the additional fee shall not exceed the fee charged by that

city or county for a special license issued pursuant to any provision of

this chapter which allows a licensee to sell intoxicating liquor by the

drink for consumption on the premises of the licensee on Sundays.

3. The provisions of this section regarding the time of closing shall not

apply to any person who possesses a special permit issued under

section 311.174, 311.176, or 311.178. Statutes_2

(L. 1993 H.B. 63, A.L. 1994 S.B. 474, A.L. 2003 S.B. 298, A.L. 2012 H.B. 1498, A.L.

2021 S.B. 126)

(2002) Section specifies only the time when liquor can be sold, and not the type of liquor

which can be sold. Ozark Wholesale Beverage Company v. Supervisor of Liquor Control,

80 S.W.3d 491 (Mo. App. W.D.).

311.294. Wine and malt beverages, permit to allow tasting on

premises–limitations.

1. Notwithstanding any other provisions of this chapter to the

contrary, any person possessing the qualifications and meeting the

requirements of this chapter, who is licensed to sell intoxicating liquor

in the original package at retail under sections 311.200 and 311.293,

may apply to the supervisor of liquor control for a special permit to

conduct wine, malt beverage and distilled spirit tastings on the

licensed premises. A licensee under this section shall pay to the

director of revenue an additional twenty-five dollars a year payable at

the same time and manner as other license fees.

2. Nothing in this section shall be construed to permit the licensee to

sell wine, malt beverages or distilled spirits for on-premises

consumption. Statutes_2

(L. 1994 S.B. 474 § 311.295, A.L. 1995 S.B. 43)

311.297. Alcohol samples for tasting off licensed retail premises,

when.

1. Any winery, distiller, manufacturer, wholesaler, or brewer or

designated employee may provide and pour distilled spirits, wine, or

malt beverage samples off a licensed retail premises for tasting

purposes provided no sales transactions take place. For purposes of

this section, a "sales transaction" shall mean an actual and immediate

exchange of monetary consideration for the immediate delivery of

goods at the tasting site.

2. Notwithstanding any other provisions of this chapter to the

contrary, any winery, distiller, manufacturer, wholesaler, or brewer or

designated employee may provide, furnish, or pour distilled spirits,

wine, or malt beverage samples for customer tasting purposes on any

temporary licensed retail premises as described in section 311.218,

311.482, 311.485, 311.486, or 311.487, or on any tax exempt

organization's licensed premises as described in section 311.090.

3. (1) Notwithstanding any other provisions of this chapter to the

contrary, any winery, distiller, manufacturer, wholesaler, or brewer or

designated employee may provide or furnish distilled spirits, wine, or

malt beverage samples on a licensed retail premises for customer

tasting purposes so long as the winery, distiller, manufacturer,

wholesaler, or brewer or designated employee has permission from the

person holding the retail license. The retail licensed premises where

such product tasting is provided shall maintain a special permit in

accordance with section 311.294 or hold a by-the-drink-for-

consumption-on-the-premises-where-sold retail license. No money or

anything of value shall be given to the retailers for the privilege or

opportunity of conducting the on-the-premises product tasting.

(2) Distilled spirits, wine, or malt beverage samples may be

dispensed by an employee of the retailer, winery, distiller,

manufacturer, or brewer or by a sampling service retained by the

retailer, winery, distiller, manufacturer, or brewer. All sampling

service employees that provide and pour intoxicating liquor samples

on a licensed retail premises shall be required to complete a server

training program approved by the division of alcohol and tobacco

control.

(3) Any distilled spirits, wine, or malt beverage sample provided by

the retailer, winery, distiller, manufacturer, wholesaler, or brewer

remaining after the tasting shall be returned to the retailer, winery,

distiller, manufacturer, wholesaler, or brewer. Statutes_2

(L. 2007 S.B. 299 & S.B. 616, A.L. 2011 H.B. 101)

311.298. Certain holidays, sale by the drink on Sunday allowed.

When January first, March seventeenth, July fourth, or December

thirty-first falls on Sunday, and on the Sundays prior to Memorial Day

and Labor Day and on the Sunday on which the national

championship game of the national football league is played,

commonly known as "Super Bowl Sunday", any person having a

license to sell intoxicating liquor by the drink may be open for

business and sell intoxicating liquor by the drink under the provisions

of his license on that day from the time and until the time which

would be lawful on another day of the week, notwithstanding any

provisions of section 311.290 or any other provision of law to the

contrary. Statutes_2

(L. 1967 p. 425 § 1, A.L. 1969 H.B. 665, A.L. 1993 H.B. 63, A.L. 1994 S.B. 474)

311.299. Warning sign displayed, liquor licenses–violations.

1. Any person who is licensed pursuant to this chapter to sell or serve

alcoholic beverages at any establishment shall place on the premises

of such establishment a warning sign as described in this section. Such

sign shall be at least eleven inches by fourteen inches and shall read

“WARNING: Drinking alcoholic beverages during pregnancy may

cause birth defects.” The licensee shall display such sign in a

conspicuous place on the licensed premises.

2. Any employee of the supervisor of liquor control may report a

violation of this section to the supervisor, and the supervisor shall

issue a warning to the licensee of the violation.

3. Notwithstanding the provisions of section 311.880 to the contrary,

no person who violates the provisions of this section shall be guilty of

a crime. Statutes_2

(L. 2001 S.B. 130)

311.300. Persons eighteen years of age or older may sell or

handle intoxicating liquor, when.

1. Except as provided in this section, no person under the age of

twenty-one years shall sell or assist in the sale or dispensing of

intoxicating liquor.

2. In any place of business licensed in accordance with section

311.200, persons at least eighteen years of age may stock, arrange

displays, operate the cash register or scanner connected to a cash

liquor. Delivery of intoxicating liquor away from the licensed business

premises cannot be performed by anyone under the age of twenty-one

years. Any licensee who employs any person under the age of twenty-

one years, as authorized by this subsection, shall, when at least fifty

percent of the licensee's gross sales does not consist of nonalcoholic

sales, have an employee twenty-one years of age or older on the

licensed premises during all hours of operation.

3. In any distillery, warehouse, wholesale distributorship, or similar

place of business which stores or distributes intoxicating liquor but

which does not sell intoxicating liquor at retail, persons at least

eighteen years of age may be employed and their duties may include

the handling of intoxicating liquor for all purposes except

consumption, sale at retail, or dispensing for consumption or sale at

retail.

4. Any wholesaler licensed pursuant to this chapter may employ

persons of at least eighteen years of age to:

(1) Rotate, stock and arrange displays at retail establishments

licensed to sell intoxicating liquor; and

(2) Un

load delivery vehicles and transfer intoxicating liquor into

retail licensed premises if such persons are supervised by a delivery

vehicle driver who is twenty-one years of age or older.

5. Persons eighteen years of age or older may, when acting in the

capacity of a waiter or waitress, accept payment for or serve

intoxicating liquor in places of business which sell food for

consumption on the premises if at least fifty percent of all sales in

those places consists of food; provided that nothing in this section

shall authorize persons under twenty-one years of age to mix or serve

across the bar intoxicating beverages. Statutes_2

(RSMo 1939 § 4885, A. 1949 S.B. 1114, A.L. 1969 S.B. 37, A.L. 1971 H.B. 173, A.L.

1976 S.B. 487, H.B. 1367, A.L. 1981 S.B. 128, A.L. 1996 S.B. 933, A.L. 1997 H.B. 63,

A.L. 2009 H.B. 132, A.L. 2019 S.B. 197)

311.310. Sale to minor–c

ertain other persons, misdemeanor–

exceptions–permitting drinking or possession by a minor, penalty,

exception–defenses.

1. Any licensee under this chapter, or his employee, who shall sell,

vend, give away or otherwise supply any intoxicating liquor in any

quantity whatsoever to any person under the age of twenty-one years,

or to any person intoxicated or appearing to be in a state of intoxica-

tion, or to a habitual drunkard, and any person whomsoever except

his parent or guardian who shall procure for, sell, give away or

otherwise supply intoxicating liquor to any person under the age of

twenty-one

years, or to any intoxicated person or any person

appearing to be in a state of intoxication, or to a habitual drunkard,

shall be deemed guilty of a misdemeanor, except that this section

shall not apply to the supplying of intoxicating liquor to a person

under the age of twenty-one years for medical purposes only, or to the

administering of such intoxicating liquor to any person by a duly

licensed physician. No person shall be denied a license or renewal of

a license issued under this chapter solely due to a conviction for

unlawful sale or supply to a minor when serving in the capacity as an

employee of a licensed establishment.

2. Any owner, occupant, or other person or legal entity with a lawful

right to the exclusive use and enjoyment of any property who know-

ingly allows a person under the age of twenty-one to drink or possess

intoxicating liquor or knowingly fails to stop a person under the age

of twenty-one from drinking or possessing intoxicating liquor on such

property, unless such person allowing the person under the age of

twenty-one to drink or possess intoxicating liquor is his or her parent

or guardian, is guilty of a class B misdemeanor. Any second or

subsequent violation of this subsection is a class A misdemeanor.

3. It shall be a defense to prosecution under this section if:

(1) The defendant is a licensed retailer, club, drinking establishment,

or caterer or holds a temporary permit, or an employee thereof;

(2) The defendant sold the intoxicating liquor to the minor with rea-

son

able cause to believe that the minor was twenty-one or more years

of age; and

(3) To purchase the intoxicating liquor, the person exhibited to the

defendant a driver's license, Missouri nondriver's identification card,

or other official or apparently official document, containing a

photograph of the minor and purporting to establish that such minor

was twenty-one years of age and of the legal age for consumption of

intoxicating liquor. Statutes_2

(L. 1947 V. I p. 373 § 4885a, A.L. 1990 H.B. 1180, A.L. 2005 H.B. 972 merged with S.B.

37, et al. and

S.B. 402, A.L. 2005 1st Ex. Sess. H.B. 2)

Effective 9-15-05

CROSS REFERENCE: Action for personal injuries or death when sale is proximate cause

and party is convicted under 311.310, RSMo 537.053

(1964) Evidence was sufficient for superintendent to find that licensee had sold

intoxicating liquor to minor and it was not necessary that licensee's guilt be determined by

court or jury or that supervisor overcome any presumption of innocence of licensee in

order for superintendent to suspend licensee's license. Crooms v. Ketchum (Mo.), 379

S.W.2d 580.

(1976) Held that it is not a defense to regulatory action under this section to assert that

minor was acting as an agent for an adult. May Dept. Stores v. Supervisor of Liquor

Control (A.), 530 S.W.2d 460.

(1980) Civil cause of action can arise in favor of a minor who suffers injury as result of

becoming intoxicated on liquor illegally sold to him in a drinking establishment. Sampson

v. W. F. Enterprises, Inc. (A.), 611 S.W.2d 333.

(1985) This statute does not impose civil liability upon a social host for serving alcohol to

an intoxicated guest who subsequently injures a third party. Harriman v. Smith (A.), 697

S.W.2d 219.

(1987) Neither the local chapter nor the national parent of a fraternity have any civil duty

to refrain from serving alcohol to any person under this section. Andres v. Alpha Kappa

Lambda Fraternity, 730 S.W.2d 547 (Mo. banc).

(1989) Civil liability cause of action under statute limited to tavern owners who dispense

alcoholic beverages by the drink. Passenger injured in accident while riding in automobile

operated by allegedly intoxicated underage driver did not have cause of action against

another passenger who had given intoxicating beverages to driver nor did he have cause of

action against the operator of package liquor store who allegedly sold the alcoholic

beverages. (Mo.App. W.D.) Leimkuehler v. Myers, 780 S.W.2d 653.

(2012) Amendment to section in 2005 adding to list of possible offenders the owners and

occupiers of land did not create a new civil duty and cause of action against landowners as

social hosts. Otte v. Edwards, 370 S.W.3d 898 (Mo.App.E.D.).

311.315. Manufacturing a false identification, offense of —

penalty.

1. A person commits the offense of manufacturing a false

identification if he or she possesses any means of identification for the

purpose of manufacturing and providing or selling a false

identification card to a person under the age of twenty-one for the

purpose of purchasing or obtaining alcohol.

2. The offense of manufacturing a false identification is a class A

misdemeanor. Statutes_2

(L. 2014 S.B. 491) Effective 1-01-17

311.320. Misrepresentation of age by minor to obtain liquor–use

of altered driver's license, passport or I.D. cards, penalties.

1. Any person of the age of seventeen years and under the age of

twenty-one years who shall represent that he has attained the age of

twenty-one years for the purpose of purchasing, asking for or in any

way receiving any intoxicating liquor, except in cases authorized by

law, shall upon conviction be deemed guilty of a misdemeanor. Any

person under the age of seventeen years who shall represent that he has

attained the age of twenty-one years for the purpose of purchasing,

asking for or in any way receiving any intoxicating liquor, except in

cases authorized by law, may be considered a delinquent child and

may be dealt with in accordance with the provisions of chapter 211,

RSMo.

2. In addition to any other penalties established in subsection 1 of this

section and established in sections 577.500 to 577.530, RSMo, any

person who is less than twenty-one years of age who uses a

reproduced, modified or altered chauffeur's license, motor vehicle

operator's license, identification card issued by any uniformed service

of the United States, passport or identification card established in

section 302.181, RSMo, for the purpose of purchasing, asking for or in

any way receiving any intoxicating liquor, shall be guilty of a

misdemeanor and shall be subject to a fine of five hundred dollars for

each separate offense. Statutes_2

(L. 1947 V. I p. 373 § 4885b, A.L. 1989 H.B. 397, A.L. 1992 H.B. 1316, A.L. 1993 H.B.

63) Effective 6-7-93

311.325. Purchase or possession by minor, penalty — container

need not be opened and contents verified, when — consent to

chemical testing deemed given, when — burden of proof on

violator to prove not intoxicating liquor — section not applicable

to certain students, requirements.

1. Any person under the age of twenty-one years, who purchases or

attempts to purchase, or has in his or her possession, any intoxicating

liquor as defined in section 311.020 or who is visibly in an intoxicated

condition as defined in section 577.001, or has a detectable blood

alcohol content of more than two-hundredths of one percent or more

by weight of alcohol in such person's blood is guilty of a

misdemeanor. A first violation of this section shall be punishable as a

class D misdemeanor. A second or subsequent violation of this section

shall be punishable as a class A misdemeanor. Prior findings of guilt

shall be pleaded and proven in the same manner as required by section

558.021. For purposes of prosecution under this section or any other

provision of this chapter involving an alleged illegal sale or transfer of

intoxicating liquor to a person under twenty-one years of age, a

manufacturer-sealed container describing that there is intoxicating

liquor therein need not be opened or the contents therein tested to

verify that there is intoxicating liquor in such container. The alleged

violator may allege that there was not intoxicating liquor in such

container, but the burden of proof of such allegation is on such person,

as it shall be presumed that such a sealed container describing that

there is intoxicating liquor therein contains intoxicating liquor.

2. For purposes of determining violations of any provision of this

chapter, or of any rule or regulation of the supervisor of alcohol and

tobacco control, a manufacturer-sealed container describing that there

is intoxicating liquor therein need not be opened or the contents

therein tested to verify that there is intoxicating liquor in such

container. The alleged violator may allege that there was not

intoxicating liquor in such container, but the burden of proof of such

allegation is on such person, as it shall be presumed that such a sealed

container describing that there is intoxicating liquor therein contains

intoxicating liquor.

3. Any person under the age of twenty-one years who purchases or

attempts to purchase, or has in his or her possession, any intoxicating

liquor, or who is visibly in an intoxicated condition as defined in

section 577.001, shall be deemed to have given consent to a chemical

test or tests of the person's breath, blood, saliva, or urine for the

purpose of determining the alcohol or drug content of the person's

blood. The implied consent to submit to the chemical tests listed in

this subsection shall be limited to not more than two such tests arising

from the same arrest, incident, or charge. Chemical analysis of the

person's breath, blood, saliva, or urine shall be performed according to

methods approved by the state department of health and senior

services by licensed medical personnel or by a person possessing a

valid permit issued by the state department of health and senior

services for this purpose. The state department of health and senior

services shall approve satisfactory techniques, devices, equipment, or

methods to be considered valid and shall establish standards to

ascertain the qualifications and competence of individuals to conduct

analyses and to issue permits which shall be subject to termination or

revocation by the state department of health and senior services. The

person tested may have a physician, or a qualified technician, chemist,

registered nurse, or other qualified person at the choosing and expense

of the person to be tested, administer a test in addition to any

administered at the direction of a law enforcement officer. The failure

or inability to obtain an additional test by a person shall not preclude

the admission of evidence relating to the test taken at the direction of a

law enforcement officer. Upon the request of the person who is tested,

full information concerning the test shall be made available to such

person. Full information is limited to the following:

(1) The type of test administered and the procedures followed;

(2) The time of the collection of the blood or breath sample or urine

analyzed;

(3) The numerical results of the test indicating the alcohol content of

the blood and breath and urine;

(4) The type and status of any permit which was held by the person

who performed the test;

(5) If the test was administered by means of a breath-testing

instrument, the date of performance of the most recent required

maintenance of such instrument.

Full information does not include manuals, schematics, or software of

the instrument used to test the person or any other material that is not

in the actual possession of the state. Additionally, full information

does not include information in the possession of the manufacturer of

the test instrument.

4. The provisions of this section shall not apply to a student who:

(1) Is eighteen years of age or older;

(2) Is enrolled in an accredited college or university and is a student

in a culinary course;

(3) Is required to taste, but not consume or imbibe, any beer, ale,

porter, wine, or other similar malt or fermented beverage as part of the

required curriculum; and

(4) Tastes a beverage under subdivision (3) of this subsection only

for instructional purposes during classes that are part of the curriculum

of the accredited college or university. The beverage must at all times

remain in the possession and control of an authorized instructor of the

college or university, who must be twenty-one years of age or older.

Nothing in this subsection may be construed to allow a student under

the age of twenty-one to receive any beer, ale, porter, wine, or other

similar malt or fermented beverage unless the beverage is delivered as

part of the student's required curriculum and the beverage is used only

for instructional purposes during classes conducted as part of the

curriculum. Statutes_2

(L. 1959 H.B. 248 § 1, A.L. 1994 S.B. 693, A.L. 2003 S.B. 298, A.L. 2005 S.B. 402, A.L.

2006 S.B. 725, A.L. 2009 H.B. 62, A.L. 2011 H.B. 111, A.L. 2014 S.B. 491)

Effective 1-01-17

311.326. Expungement of record permitted, when.

After a period of not less than one year after reaching the age of

twenty-one a person who has pleaded guilty to or has been found

guilty of violating section 311.325 for the first time, and who since

such conviction has not been convicted of any other alcohol-related

offense, may apply to the court in which he or she was sentenced for

an order to expunge all official records of his or her arrest, plea, trial

and conviction. No records shall be expunged if the person who has

pleaded* guilty to or has been found guilty of violating section

311.325 is licensed as a commercial motor vehicle driver or was

operating a commercial motor vehicle as defined in section 302.700 at

the time of the violation. If the court determines, upon review, that

such person has not been convicted of any other alcohol-related

offense at the time of the application for expungement, and the person

has had no other alcohol-related enforcement contacts, as defined in

section 302.525, the court shall enter an order of expungement. The

effect of such an order shall be to restore such person to the status he

or she occupied prior to such arrest, plea or conviction, as if such

event had never happened. No person as to whom such order has been

entered shall be held thereafter under any provision of any law to be

guilty of perjury or otherwise giving a false statement by reason of his

or her failure to recite or acknowledge such arrest, plea, trial,

conviction or expungement in response to any inquiry made of him or

her for any purpose whatsoever. A person shall be entitled to only one

expungement pursuant to this section. Nothing contained in this

section shall prevent courts or other state officials from maintaining

such records as are necessary to ensure that an individual receives

only one expungement pursuant to this section. Statutes_2

(L. 2005 S.B. 402, A.L. 2009 H.B. 62 merged with H.B. 683, A.L. 2009 H.B. 62 merged

with H.B. 683) *Word "plead" appears in original rolls.

311.328. Identification, acceptable forms.

1. A valid and unexpired operator’s or chauffeur’s license issued

under the provisions of section 302.177, or a valid and unexpired

operator’s or chauffeur’s license issued under the laws of any state or

territory of the United States to residents of those states or territories,

or a valid and unexpired identification card or nondriver’s license as

provided for under section 302.181, or a valid and unexpired

nondriver’s license issued under the laws of any state or territory of

the United States to residents of those states or territories, or a valid

and unexpired identification card issued by any uniformed service of

the United States, or a valid and unexpired passport shall be presented

by the holder thereof upon request of any agent of the division of

alcohol and tobacco control or any licensee or the servant, agent or

employee thereof for the purpose of aiding the licensee or the servant,

agent or employee to determine whether or not the person is at least

twenty-one years of age when such person desires to purchase or

consume alcoholic beverages procured from a licensee. Upon such

presentation the licensee or the servant, agent or employee thereof

shall compare the photograph and physical characteristics noted on the

license, identification card or passport with the physical characteristics

of the person presenting the license, identification card or passport.

2. Upon proof by the licensee of full compliance with the provisions

of this section, no penalty shall be imposed if the supervisor of the

division of alcohol and tobacco control or the courts are satisfied that

the licensee acted in good faith.

3. Any person who shall, without authorization from the department of

revenue, reproduce, alter, modify, or misrepresent any chauffeur’s

license, motor vehicle operator’s license or identification card shall be

deemed guilty of a misdemeanor and upon conviction shall be subject

to a fine of not more than one thousand dollars, and confinement for

not more than one year, or by both such fine and imprisonment.

Statutes_2

(L. 1965 p. 503 §§ 1 to 5, A.L. 1971 H.B. 365, A.L. 1972 S.B. 462, A.L. 1982 H.B. 986,

A.L. 1987 S.B. 230, A.L. 1992 H.B. 1316, A.L. 1993 H.B. 63, A.L. 2003 S.B. 298, A.L.

2016 S.B. 919)

311.329. Reproduction or alteration of identification card, pen-

alty.

Any person who has in his possession a reproduced, modified or

altered motor vehicle driver's license, nondriver's license issued by

any uniformed service of the United States, or identification card

established in section 302.181, RSMo, or any other such identification

card which indicates that the person represented on the card is over

twenty-one years of age, is guilty of a class A misdemeanor. Statutes_2

(L. 1993 S.B. 180 § 10)

311.330. Unauthorized liquors prohibited on premises licensed

for sale by drink, exceptions.

It shall be unlawful for the holder of any license authorized by this

chapter, for the sale of any intoxicating liquor at retail by the drink for

consumption on the premises where sold, to keep or secrete, or to

allow any other person to keep or secrete in or upon the premises

described in such license, any intoxicating liquor, other than the kind

of liquor expressly authorized to be sold by such license, or any kind

of liquor used exclusively as an ingredient in any foods being prepared

and sold on the premises. Statutes_2

(RSMo 1939 § 4899, A.L. 1980 H.B. 1234, A.L. 1996 S.B. 933)

311.332. Wholesale price regulation, discrimination prohibited-

-delivery to certain organizations for nonresale purposes, allowed

when--donation permitted, when.

1. It shall be unlawful for any wholesaler licensed to sell intoxicating

liquor and wine containing alcohol in excess of five percent by weight

to persons duly licensed to sell such intoxicating liquor and wine at

retail, to discriminate between retailers or in favor of or against any

retailer or group of retailers, directly or indirectly, in price, in

discounts for time of payment, or in discounts on quantity of

merchandise sold, or to grant directly or indirectly any discount,

rebate, free goods, allowance or other inducement, excepting a

discount not in excess of one percent for quantity of liquor and wine,

and a discount not in excess of one percent for payment on or before a

certain date. The delivery of manufacturer rebate coupons by

wholesalers to retailers shall not be a violation of this subsection.

2. Manufacturers or wholesalers shall be permitted to donate or deliver

or cause to be delivered beer, wine, or brandy for nonresale purposes

to any unlicensed person or any licensed retail dealer who is a

charitable or religious organization as defined in section 313.005 or

educational institution, at any location or licensed premises, provided,

such beer, wine, or brandy is unrelated to the organization's or

institution's licensed retail operation. A charge for admission to an

event or activity at which beer, wine, or brandy is available without

separate charge shall not constitute resale for the purposes of this

subsection. Wine used in religious ceremonies may be sold by

wholesalers to a religious organization as defined in section 313.005.

Any manufacturer or wholesaler providing nonresale items shall keep

a record of any deliveries made pursuant to this subsection.

3. Manufacturers, wholesalers, retailers and unlicensed persons may

donate wine in the original package to a charitable or religious

organization as defined in section 313.005 or educational institution

for the sole purpose of being auctioned by the organization or

institution for fund-raising purposes, provided the auction takes place

on a retail-licensed premises and all proceeds from the sale go into a

fund of an organization or institution that is unrelated to any licensed

retail operation. Statutes_2

(L. 1955 p. 40 § 311.331, A.L. 1985 H.B. 166, A.L. 1986 S.B. 444, A.L. 1987 H.B. 62 &

70, A.L. 1995 S.B. 43, A.L. 1997 H.B. 63, A.L. 2005 S.B. 262, A.L. 2009 H.B. 132)

(1966) This section does not make it unlawful for a wholesaler to refuse to sell its products

to any particular retailer; it makes it unlawful only for a wholesaler to discriminate

between retailers, (1) in price;

(2) in discounts for time payments, and (3) in discounts for quantity of merchandise sold.

It also makes it unlawful for a wholesaler to grant any rebate, free goods, allowances or

other inducements, except as specifically authorized. Giloti v. Hamm-Singer Corp. (Mo.),

396 S.W.2d 711.

311.333. Wholesalers, returns of alcoholic beverages to,

supervisor to regulate--wholesaler pricing to be made available to

retailers, when.

1. Any wholesaler licensed under this chapter to sell intoxicating

liquors and wines may accept the return of any intoxicating liquor

containing alcohol in excess of five percent by weight and wines as

provided by rules and regulations promulgated by the supervisor of

liquor control, pursuant to chapter 536.

2. Any wholesaler licensed to sell intoxicating liquor or wine

containing alcohol in excess of five percent by weight to persons duly

licensed to sell such intoxicating liquor and wine at retail shall make

available to all such retailers, not later than five days prior to the first

day of the month in which the pricing is to be effective, information

regarding all products which shall be available for sale in the next

month. Such information shall include the brand or trade name,

capacity of individual packages, nature of contents, age and proof, the

per-bottle and per-case price which shall be offered equally to all

retailers, the number of bottles contained in each case, and the size

thereof. The price provided to retailers under this section shall become

effective on the first day of the next month and remain in effect until

the last day of that month. Supplemental pricing information may be

provided to retailers by wholesalers for items that were

unintentionally left off a regular monthly item information listing or

for new items after approval for sale in Missouri by the Missouri

division of alcohol and tobacco control. A wholesaler shall be allowed

to sell such items to retailers immediately upon production of such

supplemental information. Statutes_2

(L. 1987 S.B. 150 § 1, A.L. 2009 H.B. 132)

311.334. (Repealed L. 2009 H.B.132 ₰ A)

311.335. Liquor sales by wholesalers, delivery price--delayed

shipment--sale of close-out merchandise permitted, when.

1. Any wholesaler licensed to sell intoxicating liquor and wine

containing alcohol in excess of five percent by weight shall deliver

such intoxicating liquor and wine to a retailer at the price in effect for

that calendar month in which the delivery occurs.

2. Such wholesaler licensed to sell intoxicating liquor and wine

containing alcohol in excess of five percent by weight shall not take

an order for delivery in a month subsequent to the month in which the

order is taken, provided that during the last five business days of each

month, orders may be taken for delivery in the following month at the

price in effect for that following month and provided, further, that for

any order received within the last five business days of a month, the

wholesaler may, with the consent of the retailer placing such order,

deliver such order to the retailer within the first five business days of

the month following the month in which the order was received by

such wholesaler at the price in effect for the month in which the order

was placed. Such order received within the last five business days of a

month and delivered within the first five business days of the

subsequent month shall be known as a "delayed shipment". A delayed

shipment shall be deemed delivered on the last business day of the

month in which the order was received for purposes of implementing

and enforcing rules and regulations of the supervisor of alcohol and

tobacco control relating to invoicing, discounts and ordinary

commercial credit terms.

3. Any wholesaler licensed to sell intoxicating liquors and wines

containing alcohol in excess of five percent by weight shall be allowed

to offer for sale intoxicating liquors or wines containing alcohol in

excess of five percent by weight to persons duly licensed to sell

intoxicating liquors and wines at retail at prices which are below the

wholesaler's cost only if such intoxicating liquors and wines are

designated to be close-out merchandise. Wholesalers shall designate

intoxicating liquors and wines containing alcohol in excess of five

percent by weight to be close-out merchandise by identifying them

such as close-out items when providing monthly pricing information

to retailers as required in section 311.333. A wholesaler shall not

purchase any intoxicating liquor or wine containing alcohol in excess

of five percent by weight while such intoxicating liquor or wine is

designated as close-out merchandise. Intoxicating liquors or wines

containing alcohol in excess of five percent by weight that are

designated as close-out merchandise shall be designated as close-out

merchandise for not less than six consecutive months. After such time,

a wholesaler may remove items from close-out designation by no

longer identifying them as close-out items when providing monthly

pricing information to retailers as required in section 311.333. Statutes_2

(L. 1998 H.B. 1705 § 1, A.L. 2009 H.B. 132)

311.336. (Repealed L. 2009 H.B.132 ₰ A)

(1984) Liquor price posting laws, making wholesaler prices available for public display,

does not itself constitute a violation of the Sherman Act. (Mo. banc) Wine and Spirits

Specialty, Inc. v. Daniel, 666 S.W.2d 416.

311.338. Violation of wholesale price regulations, misdemeanor-

-suspension of license.

Alleged violations of sections 311.332, 311.333, and 311.335 shall be

reported to the supervisor of alcohol and tobacco control. Any person

violating any provisions of sections 311.332, 311.333, and 311.335

shall be deemed guilty of a misdemeanor, and it shall be the duty of

the supervisor of alcohol and tobacco control to suspend or revoke the

license of any wholesaler violating any of the provisions of sections

311.332, 311.333, and 311.335. Statutes_2

(L. 1955 p. 40 § 311.334, A.L. 1985 H.B. 166, A.L. 2009 H.B. 132)

311.340. Mixing liquor with drugs prohibited.

No holder of a license under this chapter, or any other person, shall for

any purpose whatsoever mix or permit or cause to be mixed with any

intoxicating liquor kept for sale, sold or supplied by him as a

beverage, any drug or form of methyl alcohol or impure form of

alcohol. Statutes_2

(RSMo 1939 § 4882)

311.355. Manufacturer rebate coupons by wholesalers,

regulation of.

1. Manufacturers of intoxicating liquor other than beer or wine shall

be permitted to offer consumer cash rebate coupons as provided in this

subsection:

(1) Consumer cash rebate coupons may be published or advertised

by manufacturers in newspapers, magazines and other mass media;

(2) Coupon advertisements may list the amount of the cash rebate,

but not the retail price of the intoxicating liquor after the rebate;

(3) Applications for cash rebates must be made directly from the

consumer to the manufacturer, and not through retailers or

wholesalers;

(4) Cash rebates must be made directly to consumers by

manufacturers;

(5) Wholesalers and manufacturers may deliver cash rebate coupons

to retailers, either for distribution at the point of sale or in connection

with packaging.

2. Manufacturers of intoxicating liquor including beer and wine may

offer coupons redeemable for nonalcoholic merchandise, except that

such redeemable coupons must be made available without a purchase

requirement to consumers at the point of sale, or by request through

the mail, or at the retailer's cash register. Redeemable coupons may be

published or advertised by manufacturers in newspapers, magazines

and other mass media. Advertisements must state that no purchase is

required to obtain the nonalcoholic merchandise and provide informa-

tion on the procedure to obtain such merchandise. The retail value of

the nonalcoholic merchandise shall not be stated in the advertisement

or on the product. Wholesalers and manufacturers may deliver these

redeemable coupons at the point of sale or in connection with

packaging. Statutes_2

(L. 1986 S.B. 444 § 1, A.L. 1995 S.B. 43)

311.360. Misrepresentation of brand of liquor unlawful, penalty

— exceptions.

1. No person holding a license or permit shall sell malt liquor, or any

other intoxicating liquor in this state, or shall offer for sale any such

malt liquor, or other intoxicating liquor whatsoever, brewed,

manufactured or distilled by one manufacturer, in substitution for, or

with the representation that any such malt liquor or other intoxicating

liquor, is the product of any other brewer, manufacturer or distiller.

Whosoever shall violate the provisions of this section shall be deemed

guilty of a misdemeanor.

2. Notwithstanding the provisions of subsection 1 of this section, no

person holding a license or permit shall be deemed guilty of a

misdemeanor for offering for sale, or for the sale of, wine or brandy so

long as the manufacturer of the brandy or the wine manufacturer has

provided the supervisor of alcohol and tobacco control with a copy of

the certificate of label approval issued by the Alcohol and Tobacco

Tax and Trade Bureau and, if necessary, has properly registered such

label or name with the appropriate state agency. Statutes_2

(RSMo 1939 § 4911, A.L. 1996 S.B. 933, A.L. 2003 S.B. 298, A.L. 2009 H.B. 132)

311.370. Liquor in storage--report to supervisor, when--

contents of report.

Every person, firm, partnership or corporation who shall keep or store

any intoxicating liquor in any warehouse, or other storage place in this

state, shall at the time such liquor is received and stored, notify the

supervisor of liquor control and furnish to him a list of the kind and

quantity of such intoxicating liquor, and the name and address of the

owner thereof, and upon the withdrawal of said intoxicating liquor, or

any part thereof, shall notify said supervisor and furnish to him the

name and address of the person to whom such intoxicating liquor shall

be delivered, the kind, quantity and amount thereof. A violation of any

of the provisions of this section shall constitute a misdemeanor.

Statutes_2

(RSMo 1939 § 4947)

311.373. Beer required to be in possession of licensed wholesaler

prior to sale at retail.

All malt beverages purchased for resale in this state prior to being

resold at retail shall physically come into the possession of a licensed

wholesaler and be unloaded in and distributed from the licensed

wholesaler's warehouse in this state. Statutes_2

(L. 1993 S.B. 76) Effective 5-5-93

311.380. Warehouse receipts–unlawful to sell or give away–pen-

alty.

It shall be unlawful to sell, offer for sale, or give away any warehouse

receipt, or receipts, of intoxicating liquor without first securing

permission, written or printed, of the supervisor of liquor control so to

do. Any person violating any provision of this section shall be deemed

guilty of a misdemeanor. Statutes_2

(RSMo 1939 § 4912)

311.390. Duty of carriers to furnish certain information–penalty

for failure –proceedings.

1. Every railroad, express or transportation company, or other com-

mon carrier or contract hauler, shall, when requested, furnish to the

supervisor of liquor control a duplicate bill of lading or receipt, show-

ing the name of the consignor and consignee, date, place received,

destination and quantity of intoxicating liquors, received by them for

shipment to any point within this state. Upon failure to comply with

the provisions herein, said railroad, express or transportation

company, or other common carrier or contract hauler, shall forfeit and

pay to the state of Missouri the sum of fifty dollars for each and every

failure, to be recovered in any court of competent jurisdiction.

2. The supervisor of liquor control and the director of revenue are each

hereby authorized and empowered to call upon the prosecuting

attorneys of the respective counties or the circuit attorneys or the attor-

ney general to bring any proceeding hereunder on the relation of the

supervisor of liquor control or the director of revenue, as the case may

be, to the use of the state of Missouri. The penalties collected shall be

disposed of as provided by section 7, article IX, of the Constitution of

Missouri, and section 171.010, RSMo. Statutes_2

(RSMo 1939 § 4931, A.L. 1945 p. 1043)

311.400. Unclaimed shipments of liquor may be sold.

Any railroad or express company doing business in this state shall

have the right to sell unclaimed or refused shipments of intoxicating

liquor in the same manner that such railroad or express company is or

may be hereafter authorized to sell other unclaimed or refused

property under the laws of this state, and no license or permit shall be

required of such railroad or express company for such sale of such

unclaimed or refused intoxicating liquor. Statutes_2

(RSMo 1939 § 4919)

311.401. Repossessed liquor, sale by lending institution, when–

no license required.

Any lending institution doing business with any distiller, wholesaler,

winemaker, brewer, or retailer in Missouri duly licensed under this

chapter shall have the right to sell intoxicating liquor which such

lending institution has repossessed to a retailer duly licensed under

this chapter, with the approval of the supervisor of alcohol and

tobacco control, provided such liquor was originally taken as

collateral for a business loan. No license or permit shall be required

for such sale, and such sale shall be limited to cases, kegs, or barrels

of such liquor, and any leftover unopened containers. Such transaction

shall be subject to the provisions of chapter 400, RSMo. As used in

this section, the term "lending institution" means any bank or trust

company incorporated under the laws of this state or of the United

States. Statutes_2

(L. 1983 S.B. 6, A.L. 2003 S.B. 298)

311.410. Transportation of intoxicating liquor into or through

state, when permitted.

No person shall transport intoxicating liquor in, into or through the

state of Missouri which has not been lawfully manufactured. No

person shall transport intoxicating liquor in any quantity exceeding

five gallons in or into the state of Missouri for delivery or use therein,

unless the required inspection, labeling or gauging fee or license has

been paid thereon and unless the bottle or other container in which the

liquor is immediately contained has upon it stamps of the director of

revenue of the state of Missouri evidencing payment of such fee;

provided, however, that persons licensed by the supervisor of liquor

control as manufacturers, blenders, or distillers of intoxicating liquor

may import intoxicating liquor into and transport it into and within

this state in bulk without having paid the fees above referred to and

without first affixing the stamps to the containers of such liquor when

it is to be used only in manufacturing, blending, or distilling

intoxicating liquor, and subject to such regulations as the supervisor of

liquor control may prescribe to safeguard the fees due the state of

Missouri; and provided further, that persons licensed as

manufacturers, blenders, distillers, and wholesalers whose licensed

premises are within the state of Missouri may import into United

States government bonded warehouses located in this state

intoxicating liquors which have been bottled in United States govern-

ment bond without first paying said fees and without first affixing the

stamps to the containers of such liquor, subject to such regulations as

the supervisor of liquor control may prescribe to safeguard the fees

due this state when such liquor is withdrawn from said warehouse for

sale or storage in this state outside of a United States internal revenue

bonded warehouse; and provided further, that wholesalers licensed by

the supervisor of liquor control whose licensed premises are within the

state of Missouri may import into and transport into United States cus-

toms bonded warehouses in this state intoxicating liquors from foreign

countries and from other United States customs bonded warehouses,

located in any state of the United States, without first paying the fees

above referred to and without first affixing the stamps to the contain-

ers of said liquor subject to such regulations as have been or may be

prescribed by the supervisor of liquor control to safeguard the fees due

the state of Missouri when such liquor is withdrawn from such United

States customs bonded warehouse for sale or storage in this state out-

side of a United States customs bonded warehouse. Statutes_2

(RSMo 1939 § 4932, A.L. 1949 p. 320)

311.420. Transporter's license–fee–bond–qualifications–certain

carriers exempt.

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 per-

mit from the supervisor of alcohol and tobacco 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 alcohol and tobacco 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 alcohol and

tobacco 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 alcohol and tobacco 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 alcohol and tobacco 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 alcohol and

tobacco 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 alcohol and tobacco 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 wine to a resident of this

state without obtaining an alcohol carrier license under section

311.185.

Statutes_

(L. 1949

p. 320 § 4932, A.L. 1985 H.B. 157, A.L. 2007 S.B. 299 & S.B. 616 )

Division

motor carrier and railroad safety abolished, duties and functions transferred

highways and transportation commission and department of transportation,

226.008

(1951) Provisions of § 311.820 constitute a condition to the granting of a license hereunder

and application and acceptance of a license under this section requires consent to the

inspection of cargo by enforcement officers. Constitutional rights against search therefor

are waived by licensee. State v. Ward, 361 Mo. 1236, 239 S.W.2d 313.

311.430. Revocation of transporter's license.

The supervisor of liquor

control may revoke any transportation permit

or license granted by him for failure of the licensee or permittee to

comply with the conditions or requirements set forth in sections

311.410 to 313.450 and for violation of any section of the liquor

control law of the state of Missouri. Statutes_2

(L. 1949 p. 320 § 4932)

311.440. Transporter's license to be exhibited to officers, when.

Every person transporting liquor within, into, or through the state of

Missouri shall, upon demand, supply the supervisor of liquor control

and any of his agents or any peace officer of the state of Missouri with

evidence that a liquor transporter's license has been issued to him by

the supervisor of liquor control of the state of Missouri. Statutes_2

(L. 1949 p. 320 § 4932)

311.450. Bill of lading to accompany transported alcoholic

liquors– contents–inspection.

Any alcoholic liquors in excess of one hundred gallons being

transported into, within, or through the state of Missouri shall be

accompanied at all times during transportation by a bill of lading or

other memorandum of shipment, showing an exact description of the

alcoholic liquors being transported, the name and address of the

consignor, the name and address of the consignee, the route to be

traveled by such vehicle while in Missouri, and the vehicle

transporting such liquors shall not vary from such route. Such bill of

lading or memorandum shall be shown to the supervisor of liquor

control or any peace officer of this state upon demand. The name of

the consignor on any such bill of lading or other memorandum of

shipment shall be the name of the true consignor of the alcoholic

beverages being transported and such consignor shall only be a person

who has the legal right to make such shipment. The name of the

consignee on such bill of lading or memorandum of shipment shall be

the true consignee of the alcoholic beverages being transported and

who has previously authorized in writing the shipment of the alcoholic

beverages being transported and who has a legal right to receive such

beverages at the point of destination shown on the bill of lading or

other memorandum of shipment. Statutes_2

(L. 1949 p. 320 § 4932, A.L. 1987 S.B. 150)

311.460. Violation of sections 311.410 to 311.450, penalty.

Any person knowingly and willfully violating any provisions of

sections 311.410 to 311.450 shall be deemed guilty of a felony and

shall be punished upon conviction by imprisonment in the penitentiary

not exceeding two years or by imprisonment in the county jail not

exceeding one year or by a fine not exceeding one thousand dollars.

(L. 1949 p. 320 § 4932) Statutes_2

(1961) Information which failed to allege that the defendant knowingly and willfully

transported illegally manufactured intoxicating liquor held insufficient notwithstanding it

stated that defendant did "unlawfully and feloniously transport, etc." State v. Thomas

(Mo.), 343 S.W.2d 56.

311.462. (Repealed L. 2017 H.B. 115) (8/28/2017)

311.470. (Repealed L. 2010 H.B. 1965)

311.480. Eating places, drinking of intoxicating liquor on

premises, license required, when, hours–regulations–penalties–

exceptions.

1. It shall be unlawful for any person operating any premises where

food, beverages or entertainment are sold or provided for

compensation, who does not possess a license for the sale of

intoxicating liquor, to permit the drinking or consumption of

intoxicating liquor in the premises, without having a license as in this

section provided.

2. Application for such license shall be made to the supervisor of

alcohol and tobacco control on forms to be prescribed by him or her,

describing the premises to be licensed and giving all other reasonable

information required by the form. The license shall be issued upon the

payment of the fee required in this section. A license shall be required

for each separate premises and shall expire on the thirtieth day of June

next succeeding the date of such license. The license fee shall be sixty

dollars per year and the applicant shall pay five dollars for each month

or part thereof remaining from the date of the license to the next

succeeding first of July. Applications for renewals of licenses shall be

filed on or before the first of May of each year.

3. The drinking or consumption of intoxicating liquor shall not be

permitted in or upon the licensed premises by any person under

twenty-one years of age, or by any other person between the hours of

1:30 a.m. and 6:00 a.m. on any day of the week. Licenses issued

hereunder shall be conditioned upon the observance of the provisions

of this section and the regulations promulgated thereunder governing

the conduct of premises licensed for the sale of intoxicating liquor by

the drink. The provision of this section regulating the drinking or

consumption of intoxicating liquor between certain hours and on

Sunday shall apply also to premises licensed under this chapter to sell

intoxicating liquor by the drink. In any incorporated city having a

population of more than twenty thousand inhabitants, the board of

aldermen, city council, or other proper authorities of incorporated

cities may, in addition to the license fee required in this section,

require a license fee not exceeding three hundred dollars per annum,

payable to the incorporated cities, and provide for the collection

thereof; make and enforce ordinances regulating the hours of

consumption of intoxicating liquors on premises licensed hereunder,

not inconsistent with the other provisions of this law, and provide

penalties for the violation thereof. No person shall be granted a license

hereunder unless such person is of good moral character and a

qualified legal voter and a taxpaying citizen of the county, town, city

or village, nor shall any corporation be granted a license hereunder

unless the managing officer of such corporation is of good moral

character and a qualified legal voter and taxpaying citizen of the

county, town, city or village.

4. Any premises operated in violation of the provisions of this section,

or where intoxicating liquor is consumed in violation of this section, is

hereby declared to be a public and common nuisance, and it shall be

the duty of the supervisor of alcohol and tobacco control and of the

prosecuting or circuit attorney of the city of St. Louis, and the

prosecuting attorney of the county in which the premises are located,

to enjoin such nuisance

5. Any person operating any premises, or any employee, agent,

representative, partner, or associate of such person, who shall

knowingly violate any of the provisions of this section, or any of the

laws or regulations herein made applicable to the conduct of such

premises, is guilty of a class A misdemeanor.

6. The supervisor of alcohol and tobacco control is hereby empowered

to promulgate regulations necessary or reasonably designed to enforce

or construe the provisions of this section, and is empowered to revoke

or suspend any license issued hereunder, as provided in this chapter,

for violation of this section or any of the laws or regulations herein

made applicable to the conduct of premises licensed hereunder.

7. Nothing in this section shall be construed to prohibit the sale or

delivery of any intoxicating liquor during any of the hours or on any

of the days specified in this section by a wholesaler licensed under the

provisions of section 311.180 to a person licensed to sell the

intoxicating liquor at retail.

8. No intoxicating liquor may be served or sold on any premises used

as a polling place on election day. Statutes_2

(L. 1945 p. 1032 § 4895a, A.L. 1978 H.B. 1634, A.L. 1979 S.B. 192, A.L. 1981 S.B. 126,

A.L. 1987 S.B. 150, A.L. 2003 S.B. 298, A.L. 2009 H.B. 132, A.L. 2021 S.B. 126)

311.481.1 (Repealed L. 2012 H.B. 1498 § A)

311.482. Temporary permit for sale by drink may be issued to

certain organizations, when, duration--collection of sales taxes,

notice to director of revenue.

1. Notwithstanding any other provision of this chapter, a permit for the

sale of all kinds of intoxicating liquor, including intoxicating liquor in

the original package, at retail by the drink for consumption on the

premises of the licensee may be issued to any church, school, civic,

service, fraternal, veteran, political, or charitable club or organization

for the sale of such intoxicating liquor at a picnic, bazaar, fair, or

similar gathering. The permit shall be issued only for the day or days

named therein and it shall not authorize the sale of intoxicating liquor

for more than seven days by any such club or organization.

2. To secure the permit, the applicant shall complete a form provided

by the supervisor, but no applicant shall be required to furnish a per-

sonal photograph as part of the application. The applicant shall pay a

fee of twenty-five dollars for such permit.

3. If the event will be held on a Sunday, the permit shall authorize the

sale of intoxicating liquor on that day beginning at 6:00 a.m.

4. At the same time that an applicant applies for a permit under the

provisions of this section, the applicant shall notify the director of

revenue of the holding of the event and by such notification, by

certified mail, shall accept responsibility for the collection and

payment of any applicable sales tax. Any sales tax due shall be paid to

the director of revenue within fifteen days after the close of the event,

and failure to do so shall result in a liability of triple the amount of the

tax due plus payment of the tax, and denial of any other permit for a

period of three years. Under no circumstances shall a bond be required

from the applicant.

5. No provision of law or rule or regulation of the supervisor shall be

interpreted as preventing any wholesaler or distributor from providing

customary storage, cooling or dispensing equipment for use by the

permit holder at such picnic, bazaar, fair or similar gathering. Statutes_2

(L. 1987 S.B. 150 § 3, A.L. 1995 S.B. 43, A.L. 2009 H.B. 132, A.L. 2011 H.B. 101, A.L.

2021 S.B. 126)

311.483. Festivals, temporary permit to sell liquor by the drink,

rocedure.

1. The supervisor of liquor control may issue a temporary permit to

persons holding licenses to sell intoxicating liquor by the drink at

retail for consumption on the premises pursuant to the provisions of

this chapter who furnish provisions and service for use at a festival as

defined in chapter 316. An application for a permit under this section

shall be made at least five business days prior to the festival. The

temporary permit shall be effective for a period not to exceed one

hundred sixty-eight consecutive hours, and shall authorize the service

of alcoholic beverages at such festival during the hours at which

alcoholic beverages may lawfully be sold or served upon premises

licensed to sell alcoholic beverages for on-premises consumption. For

every permit issued pursuant to the provisions of this section, the

permittee shall pay to the director of revenue the sum of ten dollars for

each calendar day, or fraction thereof, for which the permit is issued.

2. All provisions of the liquor control law and the ordinances, rules,

and regulations of the incorporated city, or the unincorporated area of

any county, in which is located the premises in which such function,

occasion, or event is held shall extend to such premises and shall be in

force and enforceable during all the time that the permittee, its agents,

servants, employees, or stock are in such premises. This temporary

permit shall allow the sale of intoxicating liquor in the original

package.

3. To assure and control product quality, wholesalers may, but shall

not be required to, give a retailer credit for intoxicating liquor

delivered and invoiced under the permit number, but not used, if the

wholesaler removes the product within seventy-two hours of the

expiration of the permit issued pursuant to this section.

4. No provision of law or rule or regulation of the supervisor shall be

interpreted as preventing any wholesaler, retailers, or distributor from

providing customary storage, cooling, or dispensing equipment for use

at a festival. Statutes_2

(L. 2013 S.B. 121)

311.485. Temporary location for liquor by the drink, caterers–

permit and fee required–other laws applicable, exception.

1. The supervisor of liquor control may issue a temporary permit to

caterers and other persons holding licenses to sell intoxicating liquor

by the drink at retail for consumption on the premises pursuant to the

provisions of this chapter who furnish provisions and service for use at

a particular function, occasion or event at a particular location other

than the licensed premises, but not including a festival as defined in

chapter 316. The temporary permit shall be effective for a period not

to exceed one hundred sixty-eight consecutive hours, and shall

authorize the service of alcoholic beverages at such function, occasion

or event during the hours at which alcoholic beverages may lawfully

be sold or served upon premises licensed to sell alcoholic beverages

for on-premises consumption. For every permit issued pursuant to the

provisions of this section, the permittee shall pay to the director of

revenue the sum of ten dollars for each calendar day, or fraction

thereof, for which the permit is issued.

2. Except as provided in subsection 3 of this section, all provisions of

the liquor control law and the ordinances, rules and regulations of the

incorporated city, or the unincorporated area of any county, in which

is located the premises in which such function, occasion or event is

held shall extend to such premises and shall be in force and

enforceable during all the time that the permittee, its agents, servants,

employees, or stock are in such premises. This temporary permit shall

allow the sale of intoxicating liquor in the original package.

3. Notwithstanding any other law to the contrary, any caterer who

possesses a valid state and valid local liquor license may deliver

alcoholic beverages in the course of his or her catering business. A

caterer who possesses a valid state and valid local liquor license need

not obtain a separate license for each city the caterer delivers in, so

long as such city permits any caterer to deliver alcoholic beverages

within the city.

4. To assure and control product quality, wholesalers may, but shall

not be required to, give a retailer credit for intoxicating liquor with an

alcohol content of less than five percent by weight delivered and

invoiced under the catering permit number, but not used, if the

wholesaler removes the product within seventy-two hours of the

expiration of the catering permit issued pursuant to this section.

Statutes_2

(L. 1978 H.B. 978, A.L. 1987 S.B. 150, A.L. 1994 S.B. 474, A.L. 1995 S.B. 43, A.L. 1999

S.B. 81, A.L. 2000 H.B. 1631, A.L. 2005 S.B. 262, A.L. 2009 H.B. 132, A.L. 2011 H.B.

101, A.L. 2012 H.B. 1498)

311.486. Special

license, drink at retail for consumption on the

premises, when — duration of license — fees.

1. The supervisor of alcohol and tobacco control may issue a special

license to caterers and other persons holding licenses to sell

intoxicating liquor by the drink at retail for consumption on the

premises pursuant to the provisions of this chapter who furnish

provisions and

service for use at a particular function, occasion, or

event at a particular location other than the licensed premises, but not

including a festival as defined in chapter 316. The special license shall

be effective for a maximum of fifty days during any year, and shall

authorize the service of alcoholic beverages at such function, occasion,

or event during the hours at which alcoholic beverages may lawfully

be sold or served upon premises licensed to sell alcoholic beverages

for on-premises consumption. For every special license issued

pursuant to the provisions of this subsection, the licensee shall pay to

the director of revenue the sum of five hundred dollars a year payable

at the same time and in the same manner as its other license fees.

e supervisor of alcohol and tobacco control may issue a special

license to caterers and other persons holding licenses to sell

intoxicating liquor by the drink at retail for consumption on the

premises pursuant to the provisions of this chapter who furnish

provisions and service for use at a particular function, occasion, or

event at a particular location other than the licensed premises, but not

including a festival as defined in chapter 316. The special license shall

be effective for an unlimited number of functions during the year, and

shall authorize the service of alcoholic beverages at such function,

occasion, or event during the hours at which alcoholic beverages may

lawfully be sold or served upon premises licensed to sell alcoholic

beverages for on-premises consumption. For every special license

issued pursuant to the provisions of this subsection, the licensee shall

pay to the director of revenue the sum of one thousand dollars a year

payable at the same time and in the same manner as its other license

fees.

3. Caterers issued a special license pursuant to subsections 1 and 2 of

this section shall report to the supervisor of alcohol and tobacco

control the location of each function three business days in advance.

The report of each function shall include permission from the property

owner and city, description of the premises, and the date or dates the

function will be held.

4. Except as provided in subsection 5 of this section, all provisions of

the liquor control law and the ordinances, rules and regulations of the

incorporated city, or the unincorporated area of any county, in which is

located the premises in which such function, occasion, or event is held

shall extend to such premises and shall be in force and enforceable

during all the time that the licensee, its agents, servants, employees, or

stock are in such premises. Any special license issued

under this section shall allow the sale of intoxicating liquor in the

original package.

5. Notwithstanding any other law to the contrary, any caterer who

possesses a valid state and valid local liquor license may deliver

alcoholic beverages, in the course of his or her catering business. A

caterer who possesses a valid state and valid local liquor license need

not obtain a separate license for each city the caterer delivers in, so

long as such city permits any caterer to deliver alcoholic beverages

within the city.

6. To assure and control product quality, wholesalers may, but shall

not be required to, give a retailer credit for intoxicating liquor with an

alcohol content of less than five percent by weight delivered and

invoiced under the catering license number, but not used, if the

wholesaler removes the product within seventy-two hours of the

expiration of the catering function. Statutes_2

(L. 2004 S.B. 1062, A.L. 2009 H.B. 132, A.L. 2011 H.B. 101, A.L. 2012 H.B. 1498)

311.487. Annual license for beer and wine sales at state fair,

issued when, fee–subject to laws of municipality.

1. The supervisor of liquor control may issue to any person holding a

concessionaire's contract, issued by the Missouri state fair, an annual

license effective for the fourteen-day period when the fair is held and

for any additional periods of time approved by the director of the fair

which shall authorize the sale of malt liquor and Missouri-produced

wines, for consumption on the premises where sold, on the Missouri

state fairgrounds and, in the case of Missouri-produced wines, in the

original package, on each day of the week within any period which

has been approved by the director of the fair and during the hours at

which such malt liquor or wine may lawfully be sold or served upon

premises licensed to sell malt liquor or wine for on-premises

consumption in the incorporated city in which the Missouri state fair

is located. For every permit issued pursuant to the provisions of this

section, the permittee shall pay to the director of revenue the sum of

one hundred dollars for such license, except that for licenses issued to

the concessionaire of the premises on the fairgrounds known as the

grandstand and to the concessionaire of the premises on the

fairgrounds known as the exhibition center, there shall be paid to the

director of revenue the sum of three hundred dollars for such licenses.

2. All provisions of the liquor control law and the ordinances, rules

and regulations of the incorporated city in which is located the

Missouri state fair shall extend to such premises and shall be in force

and enforceable during all the time that the permittee, its agents,

servants, employees or stock are on such premises. Statutes_2

(L. 1993 S.B. 76, A.L. 1994 S.B. 474, A.L. 2009 H.B. 132)

311.489.1 (Repealed L. 2014 H.B. 1298 Revision § A)

Inspection and Excises

311.490. Ingredients of beer–intoxicating malt liquor.

No person, partnership or corporation engaged in the brewing,

manufacture or sale of beer as defined, in this chapter, or other

intoxicating malt liquor, shall use in the manufacture or brewing

thereof, or shall sell any such beer or other intoxicating malt liquor

which contains ingredients not in compliance with the following

standards:

(1) Beer shall be brewed from malt or a malt substitute, which only

includes rice, grain of any kind, bean, glucose, sugar, and molasses.

Honey, fruit, fruit juices, fruit concentrate, herbs, spices, and other

food materials may be used as adjuncts in fermenting beer;

(2) Flavor and other nonbeverage ingredients containing alcohol

may be used in producing beer, but may contribute to no more than

forty-nine percent of the overall alcohol content of the finished beer.

In the case of beer with an alcohol content of more than six percent by

volume, no more than one and one-half percent of the volume of the

beer may consist of alcohol derived from added flavors and other

nonbeverage ingredients containing alcohol; and

(3) Beer, intoxicating malt liquor, and malt beverages, as defined in

this section, shall not be subject to the requirements of subsection 1 of

section 311.332 and sections 311.335 and 311.338. Statutes_2

(RSMo 1939 § 4921, A.L. 2006 S.B. 725, A.L. 2009 H.B. 132)

311.500. Inspection of breweries–by whom.

Every person, partnership, or corporation who shall erect or keep a

brewery for the manufacture or brewing of beer, or other malt

products within this state, for the purpose of offering the same for

sale, shall cause the same to be inspected by the said supervisor of

liquor control or his agents. Statutes_2

(RSMo 1939 § 4920)

311.510. Inspection of malt liquors — duty of supervisor —

product samples not required for approval.

1. It shall be the duty of the supervisor of liquor control, or his or her

designee, to cause to be inspected all beer, as defined in this chapter,

or other intoxicating malt liquors, brewed, manufactured or sold in

this state, and he or she shall determine whether such beer or other

intoxicating malt liquor has been made from pure hops or the pure

extract of hops, or of pure barley malt or other wholesome grains or

cereals, or wholesome yeast, and pure water, and whether the package

containing such beer or intoxicating malt liquor has been correctly

labeled to show that the same has been made from wholesome

ingredients.

2. Notwithstanding the provisions of subsection 1 of this section, the

supervisor of liquor control, or his or her designee, shall not require

product samples and shall not require the testing of product samples to

determine alcohol content prior to granting approval for the sale of

any such beer or other intoxicating malt liquor product in the state of

Missouri if the supervisor of liquor control is provided with a copy of

a certificate of label approval issued by the Alcohol and Tobacco Tax

and Trade Bureau*.

3. Notwithstanding the provisions of subsection 1 of this section, the

supervisor of liquor control shall not require product samples prior to

granting approval for the sale of any beer or other intoxicating malt

liquors brewed, manufactured, and sold exclusively in this state if the

supervisor of liquor control is provided a label. The supervisor of

liquor control shall have sole authority to approve all labels for keg

collars, bottles, and cans of such beer or other intoxicating malt liquor

and any inspections to determine labeling compliance for such

products shall be under the sole authority of the supervisor of liquor

control, with no approval or inspection by the Alcohol and Tobacco

Tax and Trade Bureau required. Statutes_2

(RSMo 1939 § 4922, A.L. 1945 p. 1043, A.L. 2000 H.B. 1631, A.L. 2017 H.B. 115)

*Words "Alcohol and Tobacco Trade Bureau" appear in original rolls.

311.520. Fee for inspecting and gauging malt liquors.

As a charge for the inspection and gauging of all malt liquors, the

director of revenue shall collect the sum of one dollar and eighty-six

cents per barrel. Statutes_2

(RSMo 1939 § 4925, A.L. 1945 p. 1043, A.L. 1961 p. 43, A.L. 1969 4th Ex. Sess. S.B. 2,

A.L. 2009 H.B. 132)

311.530. Inspection of beer–exported out of state.

All beer as defined in this chapter, or other intoxicating malt liquors

manufactured in the state and exported outside of the state for sale,

shall be inspected as other liquors designated in this chapter, but said

inspection shall be free of cost to the manufacturer. Statutes_2

(RSMo 1939 § 4927)

311.540. Liquor inspection, labeling and gauging–requirements.

1. Every person, persons or corporation who shall manufacture or

distill spirituous liquors, including brandy, rum, whiskey, and gin, and

other spirituous liquors, within this state, and wholesale or retail

dealers or any other person who shall import such intoxicating liquors

into this state, for the purpose of sale or offering the same for sale in

this state, shall, before offering the same for sale, cause the same to be

inspected and gauged by the supervisor of liquor control, or his or her

designee. It shall be the duty of the supervisor of liquor control, or his

or her designee, to inspect and gauge such character of intoxicating

liquor referred to in this section and to ascertain whether the same is

correctly labeled.

2. Notwithstanding the provisions of subsection 1 of this section, the

supervisor of liquor control, or his or her designee, shall not require

product samples and shall not require the testing of product samples to

determine alcohol content prior to granting approval for the sale of

any such spirituous liquors product in the state if the supervisor of

liquor control, or his or her designee, is provided with a copy of a

certificate of label approval issued by the Federal Bureau of Alcohol,

Tobacco and Firearms which verifies the alcohol content of the

product. Statutes_2

(RSMo 1939 § 4902, A.L. 1945 p. 1043, A.L. 2000 H.B. 1631, A.L. 2017 H.B. 115)

311.550. Additional revenue charges–fines and penalties.

1. In addition to all other licenses and charges, there shall be paid to

and collected by the director of revenue charges as follows:

(1) For the privilege of selling in the state of Missouri spirituous

liquors, including brandy, rum, whiskey, and gin, and other spirituous

liquors and alcohol for beverage purposes, there shall be paid, and the

director of revenue shall be entitled to receive, the sum of two dollars

per gallon or fraction thereof;

(2) For the privilege of selling wines, the sum of thirty cents per

gallon to the credit of the agriculture protection fund created under

section 261.200 to be used solely for agricultural business

development and marketing-related functions of the department of

agriculture.

2. The person who shall first sell such liquor to any person in this state

shall be liable for the payment, except that no refund of any tax

collected and remitted to the director of revenue by a retail seller upon

gross receipts from a sale of beer, liquor or wine subject to the charges

contained in sections 311.520, 311.550 and 311.554 shall be claimed

for refund under chapter 144 for any amount illegally or erroneously

overcharged or over collected as a result of imposition of sales tax by

the retail seller upon amounts representing the charges imposed under

this chapter.

3. Any person who sells to any person within this state any

intoxicating liquors mentioned in subdivision (1) of subsection 1,

unless the charge hereby imposed is paid, is guilty of a felony and

shall be punished by imprisonment by the state department of

corrections for a term of not less than two years nor more than five

years, or by imprisonment in the county jail for a term of not less than

one month nor more than one year, or by a fine of not less than fifty

dollars nor more than one thousand dollars, or by both such fine and

imprisonment.

4. It shall be unlawful for any person to remove the contents of any

container containing any of the intoxicating liquors mentioned in

subdivision (1) of subsection 1 without destroying such container, or

to refill any such container, in whole or in part, with any of the liquors

mentioned in subdivision (1) of subsection 1. Any person violating the

provisions of this subsection shall be guilty of a misdemeanor.

5. Every manufacturer, out-state solicitor and wholesale dealer

licensed under this chapter shall make a true duplicate invoice of the

same, showing the date, amount and value of each class of such

liquors shipped or delivered, and retain a duplicate thereof, subject to

the use and inspection of the supervisor of liquor control and his

representatives for two years.

6. Any person who shall sell in this state any intoxicating liquor

without first having procured a license from the supervisor of liquor

control authorizing him to sell such intoxicating liquor is guilty of a

felony and upon conviction shall be punished by imprisonment by the

state department of corrections for a term of not less than two years

nor more than five years, or by imprisonment in the county jail for a

term of not less than three months nor more than one year, or by a fine

of not less than one hundred dollars nor more than one thousand

dollars, or by both such fine and imprisonment. Statutes_2

(RSMo 1939 § 4900, A.L. 1945 p. 1043, A.L. 1961 p. 43, A.L. 1969 4th Ex. Sess. S.B. 2,

A.L. 1994 S.B. 477, et al., A.L. 2010 S.B. 795)

Effective 12-31-94, and shall apply to all tax periods beginning on or after 1-1-95 (S.B.

477 § C, 1994)

311.553. Monthly returns and payment of additional charges

required–failure to pay, penalty.

1. Payment of the charges provided by section 311.550 shall be made

by the manufacturer, including one who blends or bottles intoxicating

liquors, as to all intoxicating liquor produced or imported by the

manufacturer for sale or use for beverage purposes within this state,

by the out-state solicitor who imports into this state intoxicating liquor

manufactured or produced outside of this state for sale or use for

beverage purposes within this state and by the wholesale dealer who

imports or receives intoxicating liquor manufactured or produced

without the United States for sale or use for beverage purposes within

this state. Each manufacturer, out-state solicitor and wholesale dealer

on or before the fifteenth day of each calendar month shall file with

the supervisor of liquor control, on forms prescribed and furnished by

the supervisor, a written report in duplicate, under oath, in such form

as is required by the supervisor to enable him to compute, and assure

the accuracy of, the charges due on all sales and importations of

intoxicating liquor occurring during the preceding month. Payment of

the charges in the amount disclosed by the report by bank draft,

money order, certified check or cashier's check payable to the

department of revenue shall accompany the report to the supervisor of

liquor control.

2. If the supervisor of liquor control deems it necessary in order to

ensure the payment of the charges imposed by this law, he may

require returns to be made more frequently than and covering periods

of less than a month. The return shall contain such further information

as the supervisor of liquor control may reasonably require. Each such

manufacturer, out-state solicitor or wholesale dealer shall pay to the

director of revenue, with the filing of such return, the tax imposed by

this law, as so reported during the period covered by such return.

3. In case of failure to pay any charges as required under sections

311.520 and 311.550 on or before the date prescribed therefor, there

shall be added to the amount of charge an amount equal to one percent

per business day of the deficiency, not to exceed twenty-five percent

of the deficiency, and in addition interest on the deficient charge and

penalty at the rate of one percent a month or fraction of a month from

the date the deficient charge became due until paid. Statutes_2

(L. 1961 p. 43, A.L. 1989 S.B. 429, A.L. 1990 H.B. 1180)

311.554. Privilege of selling wine, additional revenue charge–

purpose–Missouri wine and grape fund created–limitation on use

of revenue.

1. In addition to the charges imposed by section 311.550, there shall

be paid to and collected by the director of revenue for the privilege of

selling wine, an additional charge of six cents per gallon or fraction

thereof. The additional charge shall be paid and collected in the same

manner and at the same time that the charges imposed by section

311.550 are paid and collected.

2. Until June 30, 2006, the revenue derived from the additional charge

imposed by subsection 1 shall be deposited by the state treasurer to the

credit of a separate account in the marketing development fund

created by section 261.035. Beginning July 1, 2006, the revenue

derived from such additional charge shall be deposited by the state

treasurer in the Missouri wine and grape fund created by this section.

Moneys to the credit of both the marketing development fund and the

Missouri wine and grape fund shall be used only for market

development in developing programs for growing, selling, and

marketing of grapes and grape products grown in Missouri, including

all necessary funding for the employment of experts in the fields of

viticulture and enology as deemed necessary, and programs aimed at

improving marketing of all varieties of grapes grown in Missouri; and

shall be appropriated and used for no other purpose.

3. There is hereby created in the state treasury the "Missouri Wine and

Grape Fund", which shall consist of money collected under this

section. The state treasurer shall be custodian of the fund and shall

approve disbursements from the fund to the department of agriculture

for use solely by the Missouri wine and grape board created under

section 262.820 in accordance with sections 30.170 and 30.180. Upon

appropriation, money in the fund shall be used solely for the

administration of this section. Notwithstanding the provisions of

section 33.080 to the contrary, any moneys remaining in the fund at

the end of the biennium shall not revert to the credit of the general

revenue fund. The state treasurer shall invest moneys in the fund in

the same manner as other funds are invested. Any interest and moneys

earned on such investments shall be credited to the fund.

4. In addition to the charges imposed by subsection 1 of this section

and section 311.550, there shall be paid to and collected by the

director of revenue for the privilege of selling wine an additional

charge of six cents per gallon or fraction thereof. Until June 30, 2006,

this additional six cents per gallon shall be deposited by the state

treasurer to the credit of a separate account in the marketing

development fund created by section 261.035. Beginning July 1, 2006,

the revenue derived from such additional charge shall be deposited by

the state treasurer in the Missouri wine and grape fund created in this

section. Statutes_2

(L. 1983 S.B. 6 §§ 311.554, 2, A.L. 1989 S.B. 340, A.L. 1998 H.B. 1240, A.L. 2002 H.B.

1348, A.L. 2005 S.B. 355)

311.555. Bond–failure to file–forfeiture.

Every manufacturer, including one who blends or bottles intoxicating

liquors, as to all intoxicating liquor produced or imported by the

manufacturer for sale or use for beverage purposes within this state,

and the out-state solicitor who imports into this state intoxicating

liquor manufactured or produced outside of this state for sale or use

for beverage purposes within this state, and the wholesale dealer who

imports or receives intoxicating liquor manufactured or produced

without the United States for sale or use for beverage purposes within

this state and, therefore, shall be liable for payment for charges as

provided by section 311.553, shall also file with the supervisor of

liquor control a bond in an amount not less than one thousand dollars

and not to exceed one hundred thousand dollars on a form to be

approved by, and with a surety satisfactory to, the supervisor of liquor

control. Such bond shall be conditioned upon the manufacturer, out-

state solicitor or wholesale dealer paying to the director of revenue all

moneys becoming due from such manufacturer, out-state solicitor or

wholesale dealer under this law. The supervisor of liquor control shall

fix the penalty of the bond in each case, taking into consideration the

amount of intoxicating liquor expected to be sold and used by such

manufacturer, out-state solicitor or wholesale dealer, and the penalty

fixed by the supervisor shall be sufficient in the supervisor's opinion,

to protect the state of Missouri against failure to pay any amount due

under this law, but the amount of the penalty fixed by the supervisor

shall not exceed twice the amount of tax liability of a monthly return.

In no event shall the amount of such penalty be less than one thousand

dollars. Failure by any licensed manufacturer, out-state solicitor or

wholesale dealer to keep a satisfactory bond in effect with the

supervisor or to furnish additional bond to the supervisor when

required hereunder by the supervisor to do so shall be grounds for the

revocation or suspension of such manufacturer's, out-state solicitor's

or wholesale dealer's license by the supervisor. If a manufacturer, out-

state solicitor or wholesale dealer fails to pay any amount due under

this law, his bond with the supervisor shall be deemed forfeited, and

the department of revenue may institute a suit in its own name on such

bond. Statutes_2

(L. 1961 p. 43 § 311.553, A.L. 1967 p. 426)

311.557. License, revocation.

After notice and opportunity for a hearing, the supervisor may revoke

or suspend the license of any manufacturer, out-state solicitor or

wholesale dealer who fails to comply with the provisions of sections

311.553 and 311.555. No new or renewal license shall be granted to a

person who fails to comply with sections 311.553 and 311.555. Statutes_2

(L. 1961 p. 43 § 311.553)

311.561. Charges, how paid and collected.

Notwithstanding any provision in this chapter, all charges imposed by

this chapter shall be paid and collected as provided in sections

311.520 and 311.553, and the affixing of stamps to the containers of

intoxicating liquor shall not be required or sufficient to show the

payment of the charges. Statutes_2

(L. 1961 p. 43)

311.580. Possession of illegal or untaxed liquor prohibited–

manufacturers, blenders and wholesalers excepted, when.

1. No person shall possess intoxicating liquor in any quantity for any

purpose in the state of Missouri which has not been lawfully manufac-

tured.

2. No person shall possess intoxicating liquor within the state of

Missouri for sale in any quantity, or for any other purpose in any

quantity, in excess of five gallons, unless the required inspection,

labeling or gauging fee or license has been paid thereon, except that

persons licensed by the supervisor of liquor control as manufacturers,

blenders, or distillers of intoxicating liquor may possess intoxicating

liquor in this state in bulk without having paid the fees above referred

to when it is to be used only in manufacturing, blending, or distilling

intoxicating liquor, and subject to such regulations as the supervisor of

liquor control may prescribe to safeguard the fees due the state of

Missouri. Persons licensed as manufacturers, blenders, distillers, and

wholesalers whose licensed premises are within the state of Missouri

may possess in United States government bonded warehouses located

in this state intoxicating liquors which have been bottled in United

States government bond without first paying the fees subject to such

regulations as the supervisor of liquor control may prescribe to

safeguard the fees due this state when the liquor is withdrawn from

said warehouse for sale or storage in this state outside of a United

States internal revenue bonded warehouse. Wholesalers licensed by

the supervisor of liquor control whose licensed premises are within the

state of Missouri may possess in United States customs bonded

warehouses in this state intoxicating liquors without first paying the

fees above referred to subject to regulations prescribed by the

supervisor of liquor control to safeguard the fees due the state of

Missouri when the liquor is withdrawn from a United States customs

bonded warehouse for sale or storage in this state outside of a United

States customs bonded warehouse. Statutes_2

(RSMo 1939 § 4884, A.L. 1945 p. 1043, A.L. 1949 p. 320, A.L. 1961 p. 43)

311.600. Unlawful to sell unlabeled liquor–penalty.

Any person who shall sell any intoxicating liquors, as defined in this

chapter, within this state, which have not been inspected and labeled

according to the provisions of this law, shall be deemed guilty of a

misdemeanor, and in addition thereto shall have his license or other

authority, giving him the right to manufacture or sell said liquors in

this state, revoked, and shall not again receive any such license or

other authority for a period of two years thereafter. Statutes_2

(RSMo 1939 § 4928, A.L. 1945 p. 1043, A.L. 1961 p. 43)

Administrative Law - License Suspension

311.610. Supervisor of liquor control–appointment, bond,

duties, assistants–minimum compensation provided.

1. For the purpose of carrying out the provisions of this chapter and

the liquor control law, the governor, by and with the advice and

consent of the senate, shall appoint some suitable person of good

moral character over the age of thirty years, who has been a qualified

elector in the state of Missouri for at least five years next before the

date of his appointment, as supervisor of liquor control. The

supervisor of liquor control shall serve at the pleasure and under the

supervision and direction of the governor.

2. The supervisor of liquor control shall devote his entire time to the

duties of his office and, with the approval of the governor, appoint and

employ all agents, assistants, deputies, inspectors and employees

necessary for the proper enforcement and administration of the

provisions of the liquor control law whose salaries shall be fixed by

the governor, but no salary shall be greater than that paid to

employees in other state departments for similar work, except that no

salary of an agent directly engaged in the enforcement of the liquor

control law shall be less than eight thousand dollars a year. In addition

to his salary, the supervisor of liquor control and each of the agents,

assistants, deputies, inspectors and employees shall be reimbursed for

all expenses necessarily incurred in the discharge of their duties. No

expenses shall be allowed for sustenance to any supervisor, agent,

assistant, deputy, inspector or employee while in the city or town of

his residence.

3. Before entering upon the discharge of his duties, the supervisor of

liquor control shall take and subscribe to an oath to support the

Constitution of the United States and of this state, and faithfully

demean himself in office, and shall also execute bond to the state of

Missouri in the penal sum of ten thousand dollars, conditioned for the

faithful performance of the duties of his office, which bond shall be

approved by the governor and deposited with the secretary of state and

kept in his office; the premiums of the bond shall be paid by the state

out of funds appropriated for that purpose.

4. The supervisor of liquor control shall issue licenses for the

manufacture and sale of ardent spirits, malt, vinous, fermented and

every class of liquors used as beverages. The supervisor of liquor

control shall keep a record of all intoxicating liquor manufactured,

brewed or sold in this state by every brewery, distiller, manufacturer,

distributor or wholesaler, and make a complete report of the same to

the governor at the end of each calendar year, or as soon thereafter as

possible. Statutes_2

(

RSMo 1939 § 4875, A.L. 1945 p. 1043, A.L. 1959 H.B. 104, A.L. 1972 H.B. 649, A.L.

2009 H.B. 132)

CROSS REFERENCES:

Appointment, nomination by director of department of public safety, RSMo 650.005

Supervisor of alcohol and tobacco control, position created, 311.615

311.615. Division of liquor control established, duties.

There shall be a division within the department of public safety known

as the "Division of Alcohol and Tobacco Control", which shall have as

its chief executive officer the supervisor of alcohol and tobacco

control appointed pursuant to section 311.610. All references to the

division of liquor control and the supervisor of liquor control in the

statutes shall mean the division of alcohol and tobacco control and

supervisor of alcohol and tobacco control. Statutes_2

(L. 2003 S.B. 298, A.L. 2005 S.B. 262)

311.620. Qualification and requirements of agent, assistant,

deputy, or inspector.

1. No person shall be appointed as agent, assistant, deputy or inspector

under the provisions of the liquor control law who shall have been

convicted of or against whom any indictment may be pending for any

offense; nor shall any person be appointed as such agent, assistant,

deputy or inspector who is not of good character or who is not a

citizen of the United States, and who is not a resident taxpaying

citizen of the state at the time of his or her appointment; or who is not

able to read and write the English language or who does not possess

ordinary physical strength and who is not able to pass such physical

and mental examination as the supervisor of alcohol and tobacco

control may prescribe.

2. No agent, assistant, deputy or inspector so appointed shall hold any

other commission or office, elective or appointive or accept any other

employment compensation while he or she is an employee of the

division of alcohol and tobacco control, except with the written

permission of the supervisor of alcohol and tobacco control. No agent,

assistant, deputy or inspector of the division of alcohol and tobacco

control shall accept any reward or gift other than his or her regular

salary and expenses as provided in this chapter. No agent, assistant,

deputy or inspector of the division of alcohol and tobacco control shall

perform any police duty connected with the conduct of any election,

nor at any time or in any manner electioneer for or against any party

ticket, or any candidate for nomination or office on any party ticket,

nor for or against any proposition of any kind or nature to be voted

upon at any election.

3. The agents, assistants, deputies and inspectors appointed under the

provisions of section 311.610 shall before entering upon the discharge

of their duties, each take and subscribe an oath to support the

Constitution and laws of the United States and the State of Missouri

and to faithfully demean themselves in office in the form prescribed

by Section 11, Article VII of the Constitution of this State, and they

shall each give bond to be approved by the supervisor of alcohol and

tobacco control for faithful performance of the duties of their

respective offices and to safely keep and account for all moneys and

property received by them. This bond shall be in the sum of five

thousand dollars, and the cost of furnishing all such bonds shall be

paid by the state.

4. Any agent, assistant, deputy or inspector of the division of alcohol

and tobacco control who shall violate the provisions of this chapter

shall be immediately discharged. Statutes_2

(L. 1941 p. 409 § 4875a, A.L. 1945 p. 1040, A.L. 1995 S.B. 43, A.L. 2021 S.B. 126)

311.630. Peace officers–authorized to make arrests for certain

violations–method of selection–duty of supervisor.

1. The supervisor of alcohol and tobacco control and employees to be

selected and designated as peace officers by the supervisor of alcohol

and tobacco control are hereby declared to be peace officers of the

state of Missouri, with full power and authority to make arrests and

searches and seizures only for violations of the provisions of this

chapter relating to intoxicating liquors, and sections 407.924 to

407.934 relating to tobacco products, and to serve any process

connected with the enforcement of such laws. The peace officers so

designated shall have been previously appointed and qualified under

the provisions of section 311.620 and shall be required to hold a valid

peace officer license pursuant to chapter 590.

2. The supervisor of alcohol and tobacco control shall furnish such

peace officers with credentials showing their authority and a special

badge, which they shall carry on their person at all times while on

duty. The names of the peace officers so designated shall be made a

matter of public record in the office of the supervisor of alcohol and

tobacco control.

3 All fees for the arrest and transportation of persons arrested and for

the service of writs and process shall be the same as provided by law

in criminal proceedings and shall be taxed as costs. Statutes_2

(L. 1943 p. 621 § 4876a, A.L. 1945 p. 1042, A.L. 1990 H.B. 1180, A.L. 1995 S.B. 43,

A.L. 2003 S.B. 298, A.L. 2009 H.B. 132)

311.640. Supervisor–employees not permitted to have interest in

liquor business.

Neither the supervisor of liquor control nor any of his employees,

shall have any interest, directly or indirectly, either proprietary or by

means of any loan, mortgage or other lien, either for his own benefit

or in a fiduciary capacity, or in any other manner in or on any

premises where intoxicating liquor is distilled, brewed, manufactured

or sold; nor shall he or they have any interest, directly or indirectly in

any business, wholly or partially devoted to the distilling, brewing,

manufacture or sale of intoxicating liquor; nor shall he or they,

directly or indirectly, engage in dealing in or distilling, brewing,

manufacturing or selling intoxicating liquor, either as owner, part

owner, partner, member of a syndicate, shareholder of a corporation,

agent or employee, either for his or their benefit or in a fiduciary

capacity. Statutes_2

(RSMo 1939 § 4883)

311.650. Offices of supervisor.

The principal office of the supervisor of liquor control shall be at the

seat of government at Jefferson City, and the director of the division

of facilities management, design and construction at the capitol shall

provide offices for the liquor control department. Statutes_2

(RSMo 1939 § 4887, A.L. 2014 H.B. 1299 Revision)

311.660. Powers of supervisor–r

egulations–subpoenas.

1. The supervisor of liquor control shall have the authority to suspend

or revoke for cause all such licenses; and to make the following

regulations, without limiting the generality of provisions empowering

the supervisor of liquor control as in this chapter set forth as to the

following matters, acts and things:

(1) Fix and determine the nature, form and capacity of all packages

used for containing intoxicating liquor of any kind, to be kept or sold

under this law;

(2) Prescribe an official seal and label and determine the manner

which

such seal or label shall be attached to every package of

intoxicating liquor so sold under this law; this includes prescribing

different official seals or different labels for the different classes,

varieties or brands of intoxicating liquor;

(3) Prescribe

all forms, applications and licenses and such other

forms as are necessary to carry out the provisions of this chapter,

except that when a licensee substantially complies with all

requirements for the renewal of a license by the date on which the

application for renewal is due, such licensee shall be permitted at least

an additional ten days from the date notice is sent that the application

is deficient, in which to complete the application;

(4) Prescribe the terms and conditions of the licenses issued and

granted under this law;

(5) Prescribe the nature of the proof to be furnished and conditions to

be observed in the issuance of duplicate licenses, in lieu of those lost

or destroyed;

(6) Establish rules and regulations for the conduct of the business

carried on by each specific licensee under the license, and such rules

and regulations if not obeyed by every licensee shall be grounds for

the revocation or suspension of the license;

(7) The right to examine books, records and papers of each licensee

and to hear and determine complaints against any licensee;

(8) To issue subpoenas and all necessary processes and require the

production of papers, to administer oaths and to take testimony;

(9) Prescribe all forms of labels to be affixed to all packages

containing intoxicating liquor of any kind; and

(10) To make such other rules and regulations as are necessary and

feasible for carrying out the provisions of this chapter, as are not

inconsistent with this law.

2. Notwithstanding subsection 1 of this section, the supervisor of

liquor control shall not prohibit persons from participating in the sale

of intoxicating liquor within the scope of their employment solely on

the basis of being found guilty of any felony offense, except for

prohibitions set forth in sections 311.191 and 311.193. Statutes_2

(RSMo 1939 § 4889, A.L. 1989 S.B. 429, A.L. 2021 S.B. 26)

CROSS REFERENCE: Regulations to be filed in office of secretary of state, Const. Art. V

§ 22

(1964) This section and regulation of supervisor pursuant thereto forbidding any

advertisement of intoxicating liquor which contains offer of coupon, premium, prize or

rebate as inducement to purchase intoxicating liquor held valid. Milgram Food Stores, Inc.

v. Ketchum (Mo.), 384 S.W.2d 510. (1975) For discussion of "reasonable rule regulation"

as applied to this section, see Brown-Foreman Distillers Corporation v. Stewart (Mo.), 520

S.W.2d 1.

311.665. Sales and use tax must be paid to renew license —

statement required.

1. Before any license is renewed under the provisions of this chapter,

the supervisor of liquor control shall require a statement from the

director of revenue that the applicant has paid all sales and use taxes

due, including all penalties and interest or does not owe any sales or

use tax.

2. Within ten days from the issuance of a sales and use tax statement

by the director of revenue, the licensee shall file with the supervisor of

alcohol and tobacco control a copy of such sales and use tax

statement. Statutes_2

(L. 1984 H.B. 1533, et al. § 2, A.L. 2009

H.B. 132, A.L. 2016 S.B. 919)

311.670. Failure of supervisor and employees to perform duties.

If the supervisor of liquor control or any of his employees or agents

shall fail to perform any of the duties imposed upon them by this

chapter, or shall in any manner violate any of the provisions thereof,

he or they shall be deemed guilty of a misdemeanor and, if the

supervisor of liquor control or any of his employees or agents shall

fail to faithfully perform the duties enjoined upon them by this

chapter, they may be removed from office by the governor. Statutes_2

(RSMo 1939 § 4929)

311.680. Disorderly place, warning, probation, suspension or

revocation of license, when, notice--civil penalties--meet and

confer opportunity, when.

1. Whenever it shall be shown, or whenever the supervisor of liquor

control has knowledge, that a person licensed hereunder has not at all

times kept an orderly place or house, or has violated any of the

provisions of this chapter, the supervisor of liquor control may warn,

place on probation on such terms and conditions as the supervisor of

liquor control deems appropriate for a period not to exceed twelve

months, suspend or revoke the license of that person, but the person

shall have ten days' notice of the application to warn, place on

probation, suspend or revoke the person's license prior to the order of

warning, probation, revocation or suspension issuing.

2. Any wholesaler licensed pursuant to this chapter in lieu of, or in

addition to, the warning, probation, suspension or revocation

authorized in subsection 1 of this section, may be assessed a civil

penalty by the supervisor of liquor control of not less than one

hundred dollars or more than twenty-five hundred dollars for each

violation.

3. Any solicitor licensed pursuant to this chapter in lieu of the

suspension or revocation authorized in subsection 1 of this section

may be assessed a civil penalty or fine by the supervisor of liquor

control of not less than one hundred dollars nor more than five

thousand dollars for each violation.

4. Any retailer with less than five thousand occupant capacity licensed

pursuant to this chapter in lieu of the suspension or revocation

authorized by subsection 1 of this section may be assessed a civil

penalty or fine by the supervisor of liquor control of not less than fifty

dollars nor more than one thousand dollars for each violation.

5. Any retailer with five thousand or more occupant capacity licensed

pursuant to this chapter in lieu of the suspension or revocation

authorized by subsection 1 of this section, may be assessed a civil

penalty or fine by the supervisor of liquor control of not less than fifty

dollars nor more than five thousand dollars for each violation.

6. Any aggrieved person may appeal to the administrative hearing

commission in accordance with section 311.691.

7. In order to encourage the early resolution of disputes between the

supervisor of liquor control and licensees, the supervisor of liquor

control, prior to issuing an order of warning, probation, revocation,

suspension, or fine, shall provide the licensee with the opportunity to

meet or to confer with the supervisor of liquor control, or his or her

designee, concerning the alleged violations. At least ten days prior to

such meeting or conference, the supervisor shall provide the licensee

with notice of the time and place of such meeting or conference, and

the supervisor of liquor control shall also provide the licensee with a

written description of the specific conduct for which discipline is

sought, a citation of the law or rules allegedly violated, and, upon

request, copies of any violation report or any other documents which

are the basis for such action. Any order of warning, probation,

revocation, suspension, or fine shall be effective no sooner than thirty

days from the date of such order. Statutes_3

(RSMo 1939 § 4905, A.L. 1978 S

.B. 661, A.L. 1996 S.B. 933, A.L. 2002 S.B. 834, A.L.

2009 H.B. 132)

(1964) Evidence was sufficient for superintendent to find that licensee had sold

intoxicating liquor to minor and it was not necessary that licensee's guilt be determined by

court or jury or that supervisor overcome any presumption of innocence of licensee in

order for superintendent to suspend licensee's license. Crooms v. Ketchum (Mo.), 379

S.W.2d 580.

311.685. Civil actions permitted, when.

1. Any retail licensee selling intoxicating liquor under this chapter and

aggrieved by official action of the supervisor affecting the licensee

may bring a civil action against any person who is the proximate cause

of such official action by the supervisor, if the violation occurred on or

about the premises of the retail licensee. If a judgment is entered in

favor of the licensee, the court shall award the retail licensee civil

damages up to an amount of five thousand dollars and shall award

reasonable court costs and attorney fees.

2. No civil action shall be brought under this section against any

employee of the supervisor of alcohol and tobacco control or any law

enforcement officer. Statutes_3

(L. 2007 S.B. 299 & S.B. 616, A.L. 2009 H.B. 132)

311.691. Review by administrative hearing comm

ission.

Any person aggrieved by official action of the supervisor of liquor

control affecting the licensed status of a person subject to the jurisdic-

tion of the supervisor of liquor control, including the refusal to grant,

the grant, the revocation, the suspension, the warning, the probation,

the imposition of a civil penalty or the failure to renew a license, may

seek a determination thereon by the administrative hearing

commission pursuant to the provisions of section 621.045, RSMo, and

it shall not be a condition to such determination that the person

aggrieved seek a reconsideration, a rehearing, or exhaust any other

procedure within the office of the supervisor of liquor control. Statutes_3

(

L. 1978 S.B. 661, A.L. 1996 S.B. 933)

311.710. Additional complaints–b

y whom made–procedure.

1. In addition to the penalties and proceedings for suspension or

revocation of licenses provided for in this chapter, and without limit-

ing them, proceedings for the suspension or revocation of any license

authorizing the sale of intoxicating liquor at retail may be brought in

the circuit court of any county in this state, or in the city of St. Louis,

in which the licensed premises are located and such proceedings may

be brought by the sheriff or any peace officer of that county or by any

eight or more persons who are taxpaying citizens of the county or city

for any of the following offenses:

(1) Selling, giving or otherwise supplying intoxicating liquor to a

habitual drunkard or to any person who is under or apparently under

the influence of intoxicating liquor;

(2) Knowingly permitting any prostitute, degenerate, or dissolute

person to frequent the licensed premises;

(3) Permitting on the licensed premises any disorderly conduct,

breach of the peace, or any lewd, immoral or improper entertainment,

conduct or practices;

(4) Selling, offering for sale, possessing or knowingly permitting the

consumption on the licensed premises of any kind of intoxicating

liquors, the sale, possession or consumption of which is not authorized

under his or her license;

(5) Selling, giving, or otherwise supplying intoxicating liquor to any

person under the age of twenty-one years;

(6) Selling, giving or otherwise supplying intoxicating liquors

between the hours of 1:30 a.m. and 6:00 a.m. any day of the week.

2. Provided, that said taxpaying citizen shall submit in writing, under

oath, by registered United States mail to the supervisor of alcohol and

tobacco control a joint complaint, stating the name of the licensee, the

name under which the licensee's business is conducted and the

address of the licensed premises, setting out in general the character

and nature of the offense or offenses charged, together with the names

and addresses of the witnesses by whom proof thereof is expected to

be made; and provided, that after a period of thirty days after the

mailing of such complaint to the supervisor of alcohol and tobacco

control the person therein complained of shall not have been cited by

the supervisor to appear and show cause why his or her license should

not be suspended or revoked then they shall file with the circuit clerk

of the county or city in which the premises are located a copy of the

complaint on file with the supervisor of alcohol and tobacco control.

3. If, pursuant to the receipt of such complaint by the supervisor of

alcohol

and tobacco control, the licensee appears and shows cause why

his or her license should not be suspended or revoked at a hearing held

for that purpose by the supervisor and either the complainants or the

licensee consider themselves aggrieved with the order of the

supervisor then, after a request in writing by either the complainants or

the licensee, the supervisor shall certify to the circuit clerk of the

county or city in which the licensed premises are located a copy of the

original complaint filed with him or her, together with a copy of the

transcript of the evidence adduced at the hearing held by him or her.

Such certification by the supervisor shall not act as a supersedeas of

any order made by him or her.

4. Upon receipt of such complaint, whether from the complainant

directly or from the supervisor of alcohol and tobacco control, the

court shall set a date for an early hearing thereon and it shall be the

duty of the circuit clerk to cause to be delivered by registered United

States mail to the prosecuting attorney of the county or to the circuit

attorney of the City of St. Louis and to the licensee copies of the

complaint and he or she shall, at the same time, give notice of the time

and place of the hearing. Such notice shall be delivered to the

prosecuting attorney or to the circuit attorney and to the licensee at

least fifteen days prior to the date of the hearing.

5. The complaint shall be heard by the court without a jury and if there

has been a prior hearing thereon by the supervisor of alcohol and

tobacco control then the case shall be heard de novo and both the

complainants and the licensee may produce new and additional

evidence material to the issues.

6. If the court shall find upon the hearing that the offense or offenses

charged in the complaint have been established by the evidence, the

court shall order the suspension or revocation of the license but, in so

doing, shall take into consideration whatever order, if any, may have

been made in the premises by the supervisor of alcohol and tobacco

control. If the court finds that to revoke the license would be unduly

severe, then the court may suspend the license for such period of time

as the court deems proper.

7. The judgment of the court in no event shall be superseded or stayed

during pendency of any appeal therefrom.

8. It shall be the duty of the prosecuting attorney or circuit attorney to

prosecute diligently and without delay any such complaints coming to

him or her by virtue of this section.

9. The jurisdiction herein conferred upon the circuit courts to hear and

determine complaints for the suspension or revocation of licenses in

the manner provided in this section shall not be exclusive and any

authority conferred upon the supervisor of alcohol and tobacco control

to revoke or suspend licenses shall remain in full force and effect, and

the suspension or revocation of a license as provided in this section

shall be in addition to and not in lieu of any other revocation or

suspension provided by this chapter.

10. Costs accruing

because of such hearings in the circuit court shall

be taxed in the same manner as criminal costs. Statutes_3

(L. 1943 p. 617 § 4946a, A.L. 2021 S.B. 126)

311.720. License automatically revoked upon conviction–excep-

tions.

Conviction in any court of any violation of this chapter, or any felony

violation of chapter 195, RSMo, in the course of business, shall have

the effect of automatically revoking the license of the person

convicted, and such revocation shall continue operative until said case

is finally disposed of, and if the defendant is finally acquitted, he may

apply for and receive a license hereunder, upon paying the regular

license charge therefor, in the same manner as though he had never

had a license hereunder; provided, however, that the provisions of this

section shall not apply to violations of section 311.070, and violations

of said section shall be punished only as therein provided. Statutes_3

(RSMo 1939 § 4909, A.L. 1941 p. 410, A.L. 1998 H.B. 1147, et al.)

311.722. Alcohol and tobacco control, minors not to be used in

enforcement, exceptions–standards–minors immune from

liability, when.

1. The supervisor of alcohol and tobacco control shall not use minors

to enforce the laws of this chapter unless the supervisor promulgates

rules and regulations that establish standards for the use of minors.

The standards shall include those in subsection 2 of this section.

2. The supervisor shall establish, by July 1, 2006, permissive

standards for the use of minors in investigations by any state, county,

municipal or other local law enforcement authority, and which shall,

at a minimum, provide for the following:

(1) The minor shall be eighteen or nineteen years of age;

(2) The minor shall have a youthful appearance and the minor, if a

male, shall not have facial hair or a receding hairline;

(3) The minor shall carry his or her own identification showing the

minor's correct date of birth and shall, upon request, produce such

identification to the seller of the intoxicating liquor at the licensed

establishment;

(4) The minor shall answer truthfully any questions about his or her

age and shall not remain silent when asked questions regarding his or

er age, nor misrepresent anything in order to induce a sale of

intoxicating liquor.

3. The supervisor of alcohol and tobacco control shall not participate

with any state, county, municipal, or other local law enforcement

agency, nor discipline any licensed establishment when any state,

county, municipal, or other law enforcement agency chooses not to

follow the supervisor's permissive standards.

4. Any minors used in investigations under this section shall be

exempt from any violations under this chapter during the time they are

under direct control of the state, county, municipal, or other law

enforcement authorities. Statutes_3

(L. 2005 S.B. 402, A.L. 2009 H.B. 132)

311.730. Fees paid into general revenue fund and division of

alcohol and tobacco control fund.

1. Except as otherwise provided under subsection 2 of this section, all

fees collected by the director of revenue as provided for in this

chapter, including licenses, inspection and gauging fees, shall be paid

into the state treasury, to the credit of the ordinary state revenue fund.

2. Seventy percent of all fees for licenses and permits collected under

this chapter shall be paid to the credit of the division of alcohol and

tobacco control fund established under section 311.735. Statutes_3

(RSMo 1939 § 4930, A.L. 1945 p. 1043, A.L. 2015 S.B. 373)

311.735. Division of alcohol and tobacco control fund created,

use of moneys.

1. There is hereby created in the state treasury the "Division of

Alcohol and Tobacco Control Fund". The state treasurer shall be

custodian of the fund. In accordance with sections 30.170 and 30.180,

the state treasurer may approve disbursements. The fund shall be a

dedicated fund and, upon appropriation, money in the fund shall be

used solely by the division of alcohol and tobacco control for the

administration of this chapter and sections 407.925 to 407.934, and

any duties under such chapter and sections relating to licensing,

training, technical assistance, and regulations.

2. Notwithstanding the provisions of section 33.080 to the contrary,

any moneys remaining in the fund at the end of the biennium shall not

revert to the credit of the general revenue fund.

3. Appropriation of funds by the general assembly from the fund shall

be used to support the division of alcohol and tobacco control for the

purposes provided under subsection 1 of this section. Statutes_3

(L. 2015 S.B. 373)

Enforcement and Penalties

311.740. Maintaining public nuisance–p

enalty.

1. Any room, house, building, boat, vehicle, structure or place of any

kind where intoxicating liquor is sold, manufactured, kept for sale or

bartered, in violation of this law and all intoxicating liquors and all

property kept and used in maintaining such a place and any still, dou-

bler, worm, worm tub, mash tub, fermenting tub, vessel, fixture or

other property of any kind or character used or fit for use in the

production or manufacture of intoxicating liquor is hereby declared to

be a public and common nuisance, and any person who maintains or

assists in maintaining such public and common nuisance shall be

guilty of a misdemeanor and upon conviction thereof shall be fined

not less than one hundred dollars nor more than one thousand dollars

or by imprisonment for not less than thirty days nor more than one

year or both.

2. If a person has knowledge or reason to believe that his property,

real or personal, vehicle, boat or structure is occupied or used for the

manufacture, sale, storing, keeping or bartering of intoxicating liquor

in violation of the provisions of this law and suffers the same to be so

used, or maintains or keeps therein any still, doubler, worm, worm

tub, mash tub, fermenting tub or fixture used or fit for use in the

production or manufacture of intoxicating liquor illegally, after such

knowledge or reason to believe, such property shall be subject to a

lien for and may be sold to pay all fines and costs assessed against the

occupant of such building or property for any violation of this law

occurring after the passage thereof which said lien shall attach from

time of filing of notice of commencement of the suit in the office

where the records of the transfer of real estate are kept and any such

lien

may be established and enforced by legal action instituted for

that purpose in any court having jurisdiction.

3. Such lien shall be released upon final judgment assessing no fines

or costs or by paying the final judgment assessing fine and cost.

Statutes_3

(RSMo 1939 § 4943)

(

1954) Place where intoxicating liquor was sold and in which immoral men congregated

and engaged in such cursing, fighting and quarreling as to disturb others was properly

padlocked and its use enjoined. State ex rel. Davenport v. Henry (A.), 270 S.W.2d 88.

311.750. Action to enjoin nuisance–procedure.

1. That an action to enjoin any nuisance defined in this chapter maybe

brought in the name of the state of Missouri by the attorney general of

the state of Missouri, or by any prosecuting attorney or circuit attorney

of any county or city of the state of Missouri. Such action shall be

brought and tried as an action in equity and may be brought in any

court having jurisdiction to hear and determine equity cases. If it is

made to appear by affidavit, or otherwise to the satisfaction of the

court, or judge in vacation, that such nuisance exists, a temporary writ

of injunction shall forthwith issue restraining the defendant from

conducting or maintaining any such nuisance until the conclusion of

the trial. Where a temporary injunction is prayed for, the court may

issue an order restraining the defendant and all other persons from

removing or in any way interfering with the liquor or fixtures, or other

things used in connection with the violation of this chapter

constituting such nuisance. No bond shall be required in instituting

such proceedings.

2. It shall not be necessary for the court to find the property involved

was being lawfully used as aforesaid at the time of the hearing, but on

finding that the material allegations of the petition are true, the court

shall order that no liquors shall be manufactured, sold, bartered, stored

or kept in any such room, house, building, boat, vehicle, structure or

place, or any part thereof. And upon such judgment of the court order-

ing said nuisance to be abated, the court may order that the room,

house, building, boat, vehicle, structure or place, shall not be occupied

or used for such period as the court may determine, not to exceed the

period of one year; provided, however, that the court may find that the

owner of such property, real or personal, or boat, vehicle, room or

other structure or place knew or should have known or had reason to

believe that the said property, boat, vehicle, room or structure was

used for the purpose of the violation of this law. Statutes_3

(RSMo 1939 § 4944)

(1942) Where evidence showed defendants sold intoxicating liquors in amusement resort

and restaurant without license in violation of the law, court properly enjoined such

violation, but that part of judgment which enjoined wife as one of owners by entirety from

managing or working about premises was reversed. State ex rel. Wallach v. Oehler (A.),

159 S.W.2d 313.

311.760. Penalty for violation of terms of injunction.

Any person violating the terms of the injunction as provided for in this

chapter, shall be punished for contempt by fine of not less than one

hundred dollars, nor more than one thousand dollars, or by

imprisonment in the county jail for not less than thirty days or more

than one year; or by both such fine and imprisonment and the court

shall have the power to enforce such injunction by such measures and

means as in the judgment of the court may be necessary. Statutes_3

(RSMo 1939 § 4945)

311.770. Duty of prosecuting attorney–failure to perform.

1. In case the existence of any place where intoxicating liquors are

manufactured or sold in violation of law is disclosed in any criminal

proceedings, it shall be the duty of the prosecuting attorney to proceed

promptly to enforce the provisions of this law against such place as a

nuisance.

2. In any affidavit, information or indictment for the violation of this

law, separate offenses may be united in separate counts and the

defendant may be tried on all of the separate offenses at one trial and

the cumulative penalty for each offense may be imposed by the courts.

It shall not be necessary in any affidavit, information or indictment to

give the name of the purchaser or to include any defensive negative

averments, but it shall be sufficient to state that the act complained of

was then and there prohibited and unlawful.

3. Whenever any prosecuting attorney shall be unable or shall neglect,

fail or refuse to enforce any of the provisions of this chapter, or for

any reason whatsoever, the provisions of this chapter shall not be

enforced in any county in this state, it shall be the duty of the attorney

general of the state to enforce the same in such county, and for that

purpose, he may appoint as many assistants as he shall deem

necessary, and he and his assistants shall be authorized to sign, verify

and file, all such complaints, affidavits, petitions, informations,

indictments and papers as the prosecuting attorney is authorized to

sign, verify or file, and to do and perform any act that the prosecuting

attorney might lawfully do or perform. Statutes_3

(RSMo 1939 § 4946)

311.780. List of complaints, revocations, suspensions to

prosecuting attorneys–attorney general, when.

1. The supervisor of liquor control shall, at least once each month,

transmit a list of all complaints made to or by him against licensees

for alleged violations of the liquor control law to the circuit attorney

of the city of St. Louis and to the prosecuting attorney of every county

in which said violations are alleged to have occurred, together with a

list showing all revocations and suspensions of licenses within such

county ordered by said supervisor of liquor control, together with a

brief statement of the facts pertaining to each case, and it shall be the

duty of the supervisor of liquor control at the time of transmitting each

such list and statement to transmit to the attorney general a duplicate

thereof for the information of the attorney general in carrying out and

enforcing the provisions of the liquor control law.

2. It shall be the duty of the circuit attorney of the city of St. Louis and

the prosecuting attorney of every county to transmit to the supervisor

of liquor control, at least once in every three months, a written report

of the action, if any, taken by such circuit or prosecuting attorney on

each complaint contained on the lists so transmitted to him. Statutes_3

(RSMo 1939 § 4878, A.L. 1978 H.B. 1634) Effective 1-2-79

311.790. Prosecution of violations, by whom–fees and expenses.

1. For the purpose of enforcing the provisions of this chapter and acts

amendatory thereto, the prosecuting attorneys of the respective

counties or the circuit attorneys, or at the request of the governor, the

attorney general shall investigate and prosecute all violations of any

provision of this law; and shall represent the supervisor of liquor

control in any and all legal matters arising under this chapter. When

requested by the governor, the attorney general, or his assistants shall

in the enforcement of this law, have the power to sign indictments or

informations and conduct prosecutions in any county or city within

this state.

2. Whenever any tax, fee or other charge, as authorized by this chapter

shall be due, suit may be instituted in any court of competent

jurisdiction by the prosecuting attorney of the county, or at the request

of the director of revenue, by the attorney general, in the name of the

state at the relation of the director of revenue, to recover such tax, fee

or other charge, and in any such suit all persons, associations or

corporations interested may be made parties and service may be had

on both residents and nonresidents in the same manner as provided by

law in civil actions. Statutes_3

(RSMo 1939 § 4876, A.L. 1945 p. 1043)

311.800. Attorney general may direct prosecuting attorneys to

conduct prosecutions.

Whenever requested to carry out any of the duties as required by this

chapter, the attorney general may, in his discretion, direct the

prosecuting attorney of the county to conduct prosecutions and

institute suits as required by this chapter. Statutes_3

(RSMo 1939 § 4877)

311.810. Search warrants, how issued–search and

seizure–procedure–arrests–disposition of perishable

products.

1. The attorney general of the state of Missouri at the direction of the

governor, or the prosecuting attorney of any county, or the supervisor

of liquor control, or any assistant deputy or inspector appointed by the

supervisor of liquor control, is hereby empowered to file in the circuit

court an application for a search warrant, which application shall be

presented to a circuit or associate circuit judge and shall be by petition

setting forth substantially the facts upon which the same is based,

describing the place to be searched and the thing or things to be seized

as nearly as may be, which petition shall be verified by the oath of the

officer filing the same.

2. If it shall appear to the satisfaction of the court in which said peti-

tion is filed, either from the facts set forth in such petition, if

supported by the affidavit of a competent witness to the facts set forth

therein, or from evidence heard thereon, that there is probable cause to

believe that intoxicating liquor is being unlawfully manufactured,

sold, stored or kept in any building, structure, motor vehicle or other

conveyance, or at any place described in such petition, within such

county or transported, as by the law of this state defined, contrary to

the provisions of any such law, or that thereat or therein is being used

or kept any still, doubler, worm, worm tub, mash, mash tub,

fermenting tub, vessel, fixture or equipment, or any part or parts

thereof used or fit for use in the unlawful manufacture or production

of intoxicating liquor, it shall be the duty of such court to issue or

cause to be issued a search warrant thereon, directed to the sheriff or

other officer authorized by law to serve such process in this state,

which search warrant shall substantially recite the facts set forth in

such petition, and it shall thereupon be the duty of the officer

executing such search warrant forthwith to enter any such building,

structure, place, motor vehicle or other conveyance, either in the

daytime or nighttime, by force if necessary, and to remove therefrom

any intoxicating liquor, malt, mash and all grain, grain products, fruit

or fruit products found therein or thereat which have reached such a

stage of fermentation as to be unfit for any use save in the unlawful

manufacture of intoxicating liquor; and to seize and remove therefrom

any intoxicating liquor, still, doubler, worm, worm tub, mash, mash

tub, fermenting tub, vessel, fixture or equipment, or any part or parts

thereof, used or fit for use in the unlawful manufacture of intoxicating

liquor, and all grain, grain products, sugar syrup, hops, raisins and

other fruit or fruit products used or fit for use in the unlawful

manufacture of intoxicating liquor, which have not so fermented as to

be useless for any other purpose than in the manufacture or production

of intoxicating liquor, and to hold such property until all prosecutions

arising out of such search and seizure shall be ended and determined.

All intoxicating liquor unlawfully manufactured, stored, kept, sold,

transported or otherwise disposed of, and the containers thereof and all

equipment used or fit for use in the manufacture or production of the

same, including all grain or other materials used, in the unlawful

manufacture of intoxicating liquor, and which are found at or about

any still or outfit for the unlawful making or manufacture of intoxicat-

ing liquor, are hereby declared contraband, and no right of property

shall be or exist in any person or persons, firm, or corporation owning,

furnishing or possessing any such property, liquor, material or equip-

ment; but all such intoxicating liquors, property, articles and things,

shall be sold upon an order of the court and in the manner provided in

this chapter and the proceeds thereof shall be applied on the payment

of any fine and costs lawfully assessed against any person or persons

convicted of the unlawful manufacture, production, transportation,

sale, gift, storing, or possession of intoxicating liquor, or for any other

unlawful disposition thereof in any such building, structure, motor

vehicle or other conveyance, at any such place or on the premises

thereof, or applied on the payment of any fine or costs of any person

so convicted of keeping therein or thereat any still, doubler, worm,

worm tub, mash, mash tub, fermenting tub, vessel, fixture or equip-

ment, or any part or parts thereof used or fit for use in the unlawful

manufacture or production of intoxicating liquor, contrary to the

provisions of this chapter, and all such property shall likewise be

liable for the costs of making any search and seizure in case no person

or persons shall be found in charge or control of any such property or

claiming the same; provided, that all persons engaged in the work of

unlawfully manufacturing intoxicating liquors in any building,

structure, motor vehicle or other conveyance, or at any place as

defined in this chapter, or of keeping, storing or selling intoxicating

liquor in violation of this law or of any of the laws of this state, or

assisting in any way in such unlawful manufacture, production,

keeping, storing, selling or transporting same, and all persons in

possession or control, whether owners or not, of any still, doubler,

worm, worm tub, mash, mash tub, fermenting tub, vessel, fixture or

equipment used or fit for use in the unlawful manufacture or

production of intoxicating liquor, or in possession or control of any

grain, grain products, syrup, sugar, hops, raisins, or other fruit or fruit

products, being used in the unlawful manufacture or unlawful

production of intoxicating liquor, shall be deemed equally guilty of a

violation of this law; provided further, that nothing in this chapter

shall be so construed as to prevent any officer whose duty it is to make

arrests from arresting, with or without warrant, any person or persons

found violating any of the provisions of this law or from seizing or

holding, as the case may be, any of the intoxicating liquor so found,

including any liquor in process of fermentation or distillation, or any

of the equipment, articles or materials, being in use or fit for use, in

the process of unlawfully manufacturing intoxicating liquor as herein

specified; however, in the case of a misdemeanor or a violation of a

municipal or county ordinance, no physical arrest shall be made of any

licensee who was not on the licensed premises at the time the violation

occurred but a summons for later appearance may be issued. It is

hereby expressly made the duty of the sheriffs and their deputies

within their respective counties, and of marshals, chiefs of police and

policemen in cities, towns and villages, and of all other officials

whose duty it is or shall be to make arrests, to diligently suppress any

violation of this law, and to this end such officers are hereby

authorized and directed to arrest, with or without a warrant, any

person or persons found violating any such provisions; and, if arrested

without a warrant, then such officer shall immediately report the same

to the prosecuting attorney of the county, and file the necessary

complaint thereon. It shall be equally the duty of any officer to seize

and hold without first obtaining a search warrant, any intoxicating

liquor, still, doubler, worm, worm tub, mash, mash tub, fermenting

tub, vessel, fixture or equipment, or any part or parts thereof, which he

may find in use or fit for use in the unlawful manufacture of

intoxicating liquor and to report same immediately to the prosecuting

attorney of the county in which such liquor, articles and equipment

may be found; provided further, that any officer executing a search

warrant as provided in this chapter shall forthwith make his return

thereon to the court issuing said search warrant of the manner and date

of his execution thereof, showing what, if anything, was seized and

held by such search, together with the name of the owner or owners, if

known, of the things seized, and if not known, then the name or names

of the person or persons appearing to be in charge or control thereof,

and shall attach to said return as a part thereof an accurate list or

inventory of the article and things so seized and in case of the seizure

of any such articles, things or equipment, or intoxicating liquor which

said officer may have found in use or fit for use without the aid of a

search warrant as herein provided, he shall immediately file a list of

the things so seized with the prosecuting attorney of the county in

which the same were found, and shall hold the things so seized for

disposition in accordance with the provisions of this law; and

provided further, that all such articles, products and things declared in

this section to be contraband, and which shall be seized by any officer

and which shall be of such perishable nature as not to be susceptible

of preservation until the determination of any prosecution arising out

of seizure, shall be sold or otherwise disposed of as provided in this

chapter by an order of the court issuing such search warrant, and the

proceeds of such sale shall be held and applied as in this law

providing. Statutes_3

(RSMo 1939 § 4916, A.L. 1945 p. 1043, A.L. 1978 H.B. 1634, A.L. 1987 H.B. 520)

311.820. Search of vehicles for contraband liquor–use of

evidence found.

The supervisor of liquor control of the state of Missouri and his agents

and inspectors, members of the Missouri state highway patrol, and

every sheriff and deputy sheriff in the state of Missouri may inspect

and search any vehicle, with or without a search warrant, which he has

probable cause to believe is being used in violation of the terms of this

statute; provided, however, that any evidence found by any such

officer while inspecting or searching any vehicle pursuant to the

provisions of sections 311.410 to 311.460 may be used in any

prosecution for the violation of sections 311.410 to 311.460; in any

proceeding seeking to have any property seized in such search

declared contraband under the provisions of sections 311.410 to

311.460, 311.580 and 311.820 to 311.850, but any such evidence shall

not be used in any other proceeding whatsoever, civil or criminal.

Statutes_3

(L. 1949 p. 320 § 4932)

(1951) The provisions of this section constitute a condition to the granting of a license

under § 311.420 and consequently, objections to search on constitutional grounds are

waived by application for and acceptance of license. State v. Ward, 361 Mo. 1236, 239

S.W.2d 313.

(1953) If party to action for forfeiture does not establish that he is the owner of or has an

interest in the whiskey he cannot question the legality of the search and seizure. State v.

Rodgers, 364 Mo. 247, 260 S.W.2d 736.

311.830. Transported liquor and vehicle to be seized as contra-

band, when.

Any intoxicating liquor being transported into, within, or through the

state of Missouri in knowing and willful violation of the provisions of

sections 311.410 to 311.460, 311.580 and 311.820 to 311.850, and the

conveyance in which it is being transported shall be deemed

contraband and shall be forfeited to the state of Missouri, and the

supervisor of liquor control, or any of his agents and inspectors, and

any peace officer of the state of Missouri shall seize any such liquor

and the conveyance in which it is being transported as contraband.

Statutes_3

(L. 1949 p. 320 § 4932)

311.840. Action to forfeit seized liquor as contraband–notice–

intervention–judgment–appeal–sale of forfeited liquor–liability of

officers–prosecutor's duties.

1. Whenever any intoxicating liquor or other property having a value

of more than fifty dollars is seized as contraband under any section of

the liquor control law, the officer seizing such property, or the

supervisor of liquor control, if the seizure is made by one of his

agents, shall commence an action in the circuit court of the county in

which such property is seized by filing a petition in the office of the

clerk of said court in the name of the state of Missouri as plaintiff

against the person from whom the property was seized as defendant,

and there shall be a rebuttable presumption that said property is the

property of the defendant from whom it was seized. Said petition shall

describe the property seized and the circumstances of the seizure and

shall pray the court to make an order, declaring said liquor or other

property to be contraband and directing said seizing officer or the

supervisor of liquor control, if the seizure was made by the supervisor

or one of his agents, to sell said property at public or private sale,

subject to the approval of the said circuit court. A summons shall be

issued and process served on the defendant as in other civil suits. The

defendant shall file his answer within thirty days after service of

process upon him, whether such service is personal service, service by

mail, or service by publication. After defendant's time for filing

answer has expired, the court shall fix a day for hearing and said

action shall be heard by the court without a jury and shall be

conducted, except as otherwise in this chapter provided, as other cases

under the code of civil procedure of the state of Missouri.

2. However, in addition to any other process provided by the civil

code, the clerk of the circuit court shall cause to be published one time

in some newspaper having a general circulation in the county where

the action is pending, or if there be no newspaper of general circula-

tion in the county, then in some newspaper of an adjoining county, a

notice to all persons whom it may concern that said petition has been

filed in said court, briefly describing the property seized, the time and

circumstances of the seizure, the person from whom seized, and

stating that any person claiming any interest in the property may, upon

his own request, be made a party to the action and assert any claim he

may have thereto within thirty days after the publication of said

notice.

3. Any person claiming any interest in said property may intervene in

said action within thirty days after the publication of said notice,

setting forth any claim he may have to said property.

4. The court shall render such judgment as to it shall seem meet and

just, and if it shall appear that any person who has made claim to said

property is the owner thereof and was ignorant of the illegal use

thereof and such illegal use was without his connivance or consent,

express or implied, or if the court shall find that said property was not

being illegally used at the time of seizure, the court shall relieve said

property from forfeiture and restore it to the rightful owner, or if it

shall appear that the claimant is the holder of a bona fide lien against

the property, and that he was ignorant of the illegal use thereof and

that such use was without his connivance or consent, express or

implied, the court shall, first, if the lien so established is equal to or

more than the value of the property, order said property to be

delivered to the lien or. Or, if the property is valued at more than the

established lien and all costs of proceedings and sale, an order shall be

made for the sale of said property by the seizing officer or by the

supervisor of liquor control, if the seizure was made by him or one of

his agents, at public or private sale, subject to the approval of the

court, and out of the proceeds of such sale shall be paid: Storage, if

any, the lien, the cost of the proceedings, and the residue, if any, shall

be paid into the general revenue fund of the state of Missouri. If it

shall be determined that no person, other than the defendant, has any

interest in said property or that the person or persons having any

interest in said property knew of or connived or gave consent, express

or implied, to the illegal use thereof, and if it shall be found by the

court that said property was, at the time it was seized, being illegally

used and was contraband, as declared by any section of the liquor

control law of the state of Missouri, the said property shall be declared

to be forfeited to the state of Missouri, and the court shall order the

officer who seized said property or the supervisor of liquor control, if

the property was seized by one of his agents, to sell said property at

public or private sale, subject to the approval of the court, and out of

the proceeds of said sale shall be paid: The cost of storage, if any, cost

of the proceedings of the case and the balance thereof shall be paid

into the general revenue fund of the state of Missouri.

5. Appeals shall be allowed from the judgment of the circuit court as

in other civil actions.

6. Whenever any liquor is sold under the provisions of this section, the

officer selling it shall procure the proper excise stamps from the

director of revenue and attach them to the container thereof, unless

such liquor is already properly stamped, and he shall be reimbursed

for the cost of said stamps out of the proceeds of the sale.

7. Under no circumstances shall the officer commencing said action

on behalf of the state be liable for any costs or storage.

he supervisor of liquor control and his agents and any other officer

authorized to make seizures of contraband under the liquor control law

are each hereby authorized and empowered to call upon the pros-

ecuting attorneys of the respective counties and the circuit attorney of

the city of St. Louis and the attorney general of the state of Missouri to

represent them in any proceeding hereunder, and thereafter it shall be

the duty of such prosecuting or circuit attorney or the attorney general

to proceed on behalf of the officer making such call according to the

provisions of this chapter. Statutes_3

(L. 1949 p. 320 § 4917, A.L. 1978 H.B. 1634)

Effective 1-2-79

311.850. Action to replevin seized liquor, limitations,

procedure– damages–appeals–sale of seized liquor–duties of

prosecuting officials.

1. Whenever any intoxicating liquor or other property of the value of

fifty dollars or less is seized as contraband under any provision of the

liquor control law by any officer, he shall give to the person from

whom it is seized a receipt for said property. Any person claiming title

to said property as owner or otherwise may at any time within sixty

days of such seizure file a suit in replevin against the officer seizing

said property. Said suit shall be heard by the court without a jury and

conducted as any other suit in replevin is conducted except as

otherwise provided in this chapter, but if the court shall adjudge the

return of the property to the defendant or to some third party, the

officer making the seizure shall not be liable for any costs or damages,

unless the court shall find that said seizure was made maliciously and

that said officer did not have probable cause to believe said property

was contraband. If the court shall find that- said seized property is

contraband, he shall order it turned over to the supervisor of liquor

control to be sold by him and the proceeds to be paid into the general

revenue fund of the state.

2. Appeals shall be allowed from the judgment of the court as in other

civil actions.

3. If no suit is filed within sixty days after the seizure of such prop-

erty, the officer seizing said property shall turn it over to the

supervisor of liquor control to be sold by him and the proceeds of the

sale shall be paid into the general revenue fund of the state of

Missouri. Whenever any liquor is sold by any officer which does not

bear proper stamps of the director of revenue upon the containers, he

shall, before selling it, obtain the proper excise stamps from the

director of revenue and affix them to the containers of such liquor, and

the cost thereof shall be returned to the officer out of the proceeds of

the sale.

4. The supervisor of liquor control and his agents and any other officer

authorized to make seizures of contraband property under the liquor

control act are each hereby authorized and empowered to call upon the

prosecuting attorneys of the respective counties and the circuit

attorney of the city of St. Louis and the attorney general of the state of

Missouri to represent them in any proceeding hereunder, and

thereafter it shall be the duty of such prosecuting or circuit attorney or

the attorney general to proceed on behalf of the officer making such

call according to the provisions of this chapter. Statutes_3

(L. 1949 p. 320 § 4917a)

311.860. Fees and mileage of officers executing search warrants.

All officers whose duty it is to issue or execute search warrants as pro-

vided for in this chapter, shall be entitled to the same fees and mileage

as such officers are now or may hereafter be entitled to for similar ser-

vices in the issuance and execution of criminal processes, the same to

be taxed and collected as other criminal costs are taxed and collected.

(RSMo 1939 § 4918)

311.868. Fines for violations by manufacturers and distillers to

supersede other penalties.

1. Notwithstanding the provisions of section 311.070, 311.550, or

311.600, or any other provision within this chapter containing a pen-

alty provision, any person who shall manufacture or distill

intoxicating liquor in this state shall be subject only to the penalty

provision of subsection 2 of this section with regard only to its

manufacturer's or distiller's license rather than the general or specific

penalty provisions of the other provisions within this chapter, or any

rule or regulation promulgated pursuant thereto. Such manufacturer or

distiller shall not be subject to any other form of punishment with

regard to its manufacturer's or distiller's license.

2. Any person as defined by subsection 1 of this section violating a

provision of law contained in this chapter, or any rule or regulation

promulgated pursuant thereto, shall be fined for the first offense, ten

thousand dollars; for the second offense, twenty-five thousand dollars;

and for the third and subsequent offenses, fifty thousand dollars.

Statutes_3

(L. 1984 S.B. 619 § 1, A.L. 1984 S.B. 441 § 1)

311.870. Execution on default by corporation in payment of fine.

Whenever any corporation is convicted of any offense under this

chapter, and a pecuniary penalty is imposed or an order under this

chapter requires payment of a sum of money by a corporation, the

court, judge or magistrate, upon its conviction or order, after

adjudging payment of such penalties with costs, may order and

adjudge that in default of payment of such penalty forthwith such

penalty or sum of money shall be levied by execution and sale of the

goods and chattels of such corporation. Statutes_3

(RSMo 1939 § 4886, A.L. 1945 p. 1043)

311.880. Violation a misdemeanor–penalty.

Any person violating any of the provisions of this chapter, except

where some penalty is otherwise provided, shall upon conviction

thereof be adjudged guilty of a misdemeanor and punished by a fine of

not less than fifty dollars, nor more than one thousand dollars, or by

imprisonment in the county jail for a term not exceeding one year, or

by both such fine and jail sentence. Statutes_3

(RSMo 1939 § 4933)

Out-of-State Manufacturers

311.915. Special permit for festivals — limit on shipment in

state — excise taxes — duration of permit.

A special permit shall be issued to an out-of-state manufacturer of

intoxicating liquor who is not licensed in the state of Missouri for

participation in festivals, bazaars, or similar events. Registration

requirements under section 311.275 shall be waived for such

event. The amount of intoxicating liquor shipped in the state under

this permit shall not exceed two hundred gallons. Excise taxes shall

be paid by the licensed manufacturer that holds a retail license

organizing the event in the same manner as if it were produced or

purchased by the manufacturer. A permit issued under this section by

the division of alcohol and tobacco control shall be valid for no more

than seventy-two hours. An applicant shall complete a form provided

by the supervisor of alcohol and tobacco control and pay a fee of

twenty-five dollars before a special permit shall be issued. Statutes_3

(L. 2016 S.B. 919)

Mobile Application

311.950. Entertainment facilities, purchase through mobile

applications — identification required — rulemaking authority.

1. Notwithstanding any provision of law to the contrary, entertainment

facilities including, but not limited to, arenas and stadiums used

primarily for concerts, shows, and sporting events of any kind and

entities selling concessions at such facilities that possess all necessary

and valid licenses and permits to allow for the sale of alcoholic

beverages shall not be prohibited from selling and delivering alcoholic

beverages purchased through the use of mobile applications to

individuals attending events on the premises of such facilities if the

facilities are in compliance with all applicable state laws and

regulations regarding the sale of alcoholic beverages.

2. For purposes of this section, the term “mobile application” shall

mean a computer program or software designed to be used on hand-

held mobile devices such as cellular phones and tablet computers.

3. Any employee of a facility or entity selling concessions at a facility

who delivers an alcoholic beverage purchased through a mobile

application to an individual shall require the individual to show a

valid, government-issued identification document that includes the

photograph and birth date of the individual, such as a driver’s license,

and shall verify that the individual is twenty-one years of age or older

before the individual is allowed possession of the alcoholic beverage.

4. The division of alcohol and tobacco control may promulgate rules

to implement the provisions of this section. Any rule or portion of a

rule, as that term is defined in section 536.010, 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

and, if applicable, section 536.028. This section and chapter 536 are

nonseverable and if any of the powers vested with the general

assembly pursuant to chapter 536 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, 2016, shall be invalid and void.

(L. 2016 S.B. 994) *Effective 10-14-16, see § 21.250. Statutes_3

S.B. 994 was vetoed July 1, 2016. The veto was overridden on September 14, 2016.

Chapter 311

Liquor Control Law

GENERAL INDEX

Actions to forfeit seized liquor, procedure, 311.840

Actions to replevin seized liquor, procedure, 311.850

Advertising restriction, rebate coupons, 311.355

Advertising by industry – 70-2.240(5)

Age, eighteen years of age may handle, exceptions, 311.300

Age, requirement for service, 311.480

Agents, compensation, minimum, 311.610

Agricultural Protection Fund, 311.550

Agents, qualifications, oath, bond, 311.620

Airports, international, 4:00 a.m. opening, license, 311.179

Alcohol and tobacco control fund created – 311.735

Alcohol carrier license, 311.185

Alcohol education program, persons under twenty-one years of

age, required, when, 302.425

Alcohol samples for tasting guidelines, 311.297

Apps, mobile – 311.950

Application of law, 311.040

Arrests and seizures, how made, 311.810

At rest laws, beer – 311.373

Auctioneers, issuance of license, 311.191

Auctions, charitable exemption, 311.332

Auctions of vintage wines, 311.191

Bad product, seeking refund of taxes, 70-2.150

Bank sales, 311.401

Bazaars, temporary license for certain organizations may also

include Sunday sales, when, 311.482

Beer, at rest laws – 311.373

Beer, ingredients, 311.490

Beer, inspection, product samples and testing not required for

approval for sale, when, 311.510

Beer, license – 311.200.2 & 3

Beer by drink license with wine – 311.200.4

Beer returns, 311.070.4 (17)

Beer, sales of 32 0z. for consumption off premises permitted

on restaurant without onsite brewery, 311.196

Growlers, at original package stores, 311.201

Beer Samples – 311.197

Bill of lading to accompany transported alcoholic beverages,

content, inspection, penalty, 311.450, 311.460

Boats and vessels regularly moored in certain cities, license

authorized, 311.091, 311.092

Bond of manufacturer and wholesale dealer, forfeiture,

311.555

Bourbon, Missouri Bourbon Whiskey, 311.025

Brands, misrepresentation, penalty, 311.360

Brand Registration, 311.275

Breweries, inspection, 311.500

Brewers

Activities permitted with licensee, interest in retail

business, 311.070

Contributions of money or merchandise to retail liquor

dealers permitted, when, 311.070

Dispensing accessories, installation allowed, when,

311.070

Family, personal use, license not required, 311.055

Interest in retail business

Permitted when, sale by drink on premises of

entertainment facilities 311.070

Prohibited when, exception, sale by drink promotion

of tourism, requirements, 311.070

Label, information included on, when, 311.360

License – 311.180

Microbrewer’s license, fee, sales allowed, requirements,

311.195

Personal, family use, license not required, 311.055

Sampling – 311.197

Tasting guidelines, 311.297

Carriers transporting, license required, certain carriers, exempt,

311.420

Caterers, special license to be issued to, festival, when, duration of

license, fee, 311.483, 311.485, 311.486

Central warehousing – 70-2-230

Charitable contributions to retail liquor dealers, permitted when,

311.070

Churches, no license granted within certain distance without

permission, exceptions, 311.080

Churches, temporary license for certain organizations may also

include Sunday sales, when, 311.482

Civic organizations, temporary license for certain organizations

may also include Sunday sales, when, 311.482

Civil actions, 311.685

Closed place, defined, penalty, 311.290

Close-out merchandise, defined, price reduction authorized,

limitation, 311.332

Closing hours, penalty, 311.290

Close-out merchandise – 311.335

Closed place, definition – 311.290

Coast Guard, 311.091, 311.092

COLA required, beer 311.510, spirits 311.540

Combination Packaging – 311.070.4(8)

Common Area – 311.086

Common eating and drinking area, defined – 311.096

Consumer advertising specialties, definition, 311.070

Consumer tastings – 311.294 & 311.297

Consumer promotion coupons – 311.355

Consumer contests and sweepstakes – 311.070.4(2) and (11)

Consumer refunds, 70-2.240(5)(E)

Consumption of liquor – 311.480

Containers, destruction, reuse prohibited, penalty, 311.550

Contests, fishing skills, ticket sales – 311.211

Contraband, sale of, procedure, 311.840, 311.850

Contracts, exclusive dealership, void, 311.070

Controlled access liquor cabinet – 311.099

Contributions to certain organizations, 311.070

Controlled access liquor cabinet system, definitions,

employees’ handling, requirements, 311.099

License required, 311.099

Qualified establishments, defined, 311.099

Qualified packages, defined, 311.099

Registered guests, defined, 311.099

Removal of all liquor on request by guest, duty, 311.099

Sales by wholesaler of special size authorized, 311.099

Temporary license, when, 311.099

Convention trade areas, sale of liquor by the drink, not on premises,

common eating and drinking areas, extended hours of

business, 311.096, 311.174, 311.176, 311.178

Corporations, default in payment of fine, execution, 311.870

Counties and cities may charge for license – 311.220

Coupons, manufacturer rebates – 311.355

Credit may be given by wholesaler for unused liquor, when,

311.070

Credit for unused liquor to caterer within three days of temporary

permit expiration, when allowed, 311.485

Customary storage, cooling or dispensing equipment –

311.482.5 & 311.483.4

Definitions, 311.020, 311.030, 311.070

Debt of retailer going out of business to wholesaler, procedure,

new or renewal license prohibited, 311.265

Delayed Shipment – 311.335

Delivery to certain organizations, nonresale purposes, allowed,

when, 311.332

Discounts by wholesaler, when, limitations, 311.332

Direct wine shipping – 311.185

Disorderly place maintained by licensee, civil penalty,

amounts, 311.680

Dispensing accessories, installation by wholesaler for retailer,

allowed when, 311.070

Dispensing, Table Tap dispensing, 311.205

Distillers

Alcohol samples for tasting, permitted, when, 311.297

Contributions of money or merchandise to retail liquor

dealers permitted, when, 311.070

Interest in retail business, prohibited, exception, sale by

drink, on premises, promotion of tourism,

requirements, 311.070

Distiller’s and manufacturer’s violations, fines to

supersede all other penalties, amounts, 311.868

Recreational resort, distilling, 311.075

Distillers license – 311.180

Distillers Resort license – 311.075

Distressed Merchandise – 70-2.250(2)(B) & (C)

Domestic Wine – 311.190, 70-2.010(4)

Donations by Manufacturer, Wholesaler – 311.332

Driver’s license

Alcohol related driving offenses expunged from record,

when, procedure, effect, limitations, 610.130

Altered I.D. used to misrepresent age to obtain liquor,

penalties, 311.320

Suspension or revocation of driving privileges, persons

under twenty-one years of age, 302.400

Drugs, mixing with liquor prohibited, 311.340

Drunkards, habitual, sales to, penalty, 311.310

Eighteen year old, work – 311.300

Enforcement, 311.770

Election to determine whether liquor can be sold by drink –

311.110

Favorable vote – 311.140

Unfavorable vote – 311.150

Enforcement, 311.770

Entertainment district – 311.086

Equipment and supplies, definition, 311.070

Exemption, Unlicensed event – 311.332

Excise tax

Failure to pay, penalty, amount, interest, 311.553

Fee for inspecting and gauging malt liquors, 311.520

Paid and collected, how, 311.561

Returns and payments, 311.553

Wines and spirituous liquors, 311.550

Extended Hours Licenses

Historic Landmark, Kansas City, 311.174

Kansas City, North Kansas City, Jackson County,

311.174

Lake of the Ozarks, 311.178

Lambert St. Louis International Airport 4:00 a.m. license,

311.179

Mall, 311.096

One day permit, Kansas City, 311.088

St. Louis City, 311.176

Fairs, temporary license for certain organizations may also

include Sunday sales, when, 311.482

False identification card – 311.315

Family use, personal use – 311.055

Fees

Disposition, 311.730

Inspecting and gauging, beer, 311.520

Liquor and wine fees – 311.550, 311.554

Paid into general revenue and alcohol and tobacco control

fund – 311.730

Temporary permit, caterers, 311.485, 311.486

Fees and taxes, actions for, 311.790

Festivals, manufacturer special event – 311.915

Festivals, temporary permit – 311.483

Financial interest, defined, 311.060

Financial interest in retail business of licensee with distillers,

wholesalers, winemakers or brewers, 311.070

Financial interest not to include certain stock ownership,

311.061

Fines for violations by manufacturers and distillers to supersede

other penalties, 311.868

Form of ballot – 311.130

Fourth of July celebrations, wine and malt liquor, temporary

permit, fee, certain organizations, hours, 311.218

Fraternal groups, temporary license for certain organizations may

also include Sunday sales, when, 311.482

Gambling, 70-2.140(16)

Geographical area limitation, wholesaler – 311.181 & 311.182

Going out of business, retailer in debt to wholesaler, procedure,

new or renewal license prohibited, 311.265

Growlers, 311.196 & 311.201

Holidays, certain specific dates, sale by drink, 311.298

Home brewing, personal use – 311.055

Home brewing contests – 311.055

Hours of Operation – 311.290

Identification

Cards, penalties, 311.328

Driver’s licenses, Missouri and certain other states

authorized, 311.328

Licensees, driver’s licenses, passports and identification cards,

use to determine age of consumer, 311.328

Reproduction or altercation of identification card – 311.329

Illegal or untaxed liquor, possession of prohibited, exceptions,

311.580

Information, content, 311.770

Ingredients, beer – 311.490

Injunction, violation of, penalty, 311.760

Inspection, beer, cost, 311.520

Inspectors, agents, deputy, qualifications, 311.620

Inspectors, appointment, qualifications, oath, bond, 311.620

Interstate reciprocal wine shipments, allowed when, limitations,

311.462

Intoxicating Liquor, definition – 311.020

Sampling – 311.070.4(7) & 311.197

Intoxicated persons, sale to, penalty, 311.310

Invoices in duplicate, duty of manufacturers, wholesale dealers,

311.550

Kegs, retail sale for off-premise consumption, labeling,

requirements, 311.082

Keg registration, requirements, 311.082

Labels

Beer, malt liquor, information included on label, when,

311.360

Brand misrepresentation, penalty, 311.360

Brand registration, 311.275

Leasing, portable refrigeration units – 311.198

Licensees, keeping on premises unauthorized liquor prohibited,

exceptions, 311.330

Licensees, qualifications, 311.060

Licenses

Activities permitted between wholesaler and retail

licensee, interest in retail business, 311.070

Applicants, qualifications, 311.060

Applications, how made, 311.210; to whom, 311.230

Boats or vessels regularly moored in certain cities, 311.092

Brewers, distillers, wholesalers, winemakers, tourism

promotion, sale of drink on premises, 311.070

Canceled, when, 311.270

Caterers, temporary permit, how, extent, credit for unused

liquor allowed, when, 311.485

Caterers, annual permit, 311.486

Churches, no license granted within certain distance

without permission, exceptions, 311.080

City, county, fees, how fixed, 311.220

Common eating and drinking areas, defined, license

requirement, Sunday sales by drink for consumption

not on premises, extended hours in convention trade

areas, 311.096

Controlled access liquor cabinet system, requirements,

311.099

Convention trade areas, sale by drink, extended hours

Jackson County, 311.174

Kansas City, 311.174

North Kansas City, 311.174

St. Louis City, 311.176

St. Louis County, 311.178

Credit for unused liquor to caterer within three day of

temporary permit expiration, allowed, 311.485

Debt of retailer going out of business to wholesaler,

procedure, new or renewal license prohibited, 311.265

Defense, good faith, failure to determine age of buyer,

311.328

Denial, invalid reasons, 311.212

Entertainment District Special License, Portable Bars

(Kansas City), 311.086

Family, personal use, license not required, 311.055

Federal license required, 311.240

Financial interest, defined, 311.060

Fishing skill contests, sales of ticket to participant on

premises not grounds to deny licenses, 311.211

Fourth of July celebrations, wine and malt liquor,

temporary permit, fee, certain organizations, hours,

311.218

Going out of business, retailer in debt to wholesaler,

procedure, new or renewal licensed prohibited,

311.265

Issuance, procedure, 311.210

Keeping on premises unauthorized liquor prohibited,

exceptions, 311.330

Light wine, sale by drink, 311.200

Liquor in storage – 311.370

Malt liquors, restrictions on holder, penalty, 311.270

Manufacturers, fees, 311.180

Microbrewers, fee required, sales allowed, requirements,

311.195

Nonassignable and nontransferable, exceptions, 311.250

Notice of warning, probation, revocation, suspension,

required, 311.680

Number of licenses allowed one party, 311.260

Original package sales, fee, 311.200

Sunday sales, fee, hours, 311.293

Package sales, wine tasting permit, limitations, 311.294

Period of license, contents, 311.240

Personal, family use, license not required, 311.055

Renewal, when filed, late charges, 311.240

Renewals, extension of time, when, 311.660

Resident corporation, defined, 311.060

Resorts, sale by drink, new businesses, temporary license,

311.095

Restaurants and places of entertainment, 311.480

Restaurants sale by drink

Beer, sales of 32 ounces for consumption off the

premises permitted on restaurant without onsite brewery,

311,196

Gross income required from sale of food consumed on

premises, resort, 311.095

New businesses, temporary license, 311.095

Restrictions on granting in certain localities, 311.080

Retailer to purchase from licensed wholesaler, 311.280

Retail, sale by drink, 311.200

Review of revocation or suspension, warning or probation, no

prior hearing required, 311.691

Revocation or suspension, 311.555, 311.557, 311.600,

311.680

Revocation or suspension, fishing skill contests, ticket sales on

premises to participants not grounds for, 311.211

Sale by drink, 311.085, 311.090, 311.200.4-6

Sale by lending institution of repossessed liquor, no license

required, 311.401

Sale or manufacture, unlawful without, 311.050

Sale to minor, not grounds for denial of license, when,

311.310

Sales and use taxes must be paid to obtain, statement required,

311.665

Sales, without penalty, 311.550

Schools, no license granted within certain distance

without permission, exceptions, 311.080

Seasonal resort restaurant, sale by drink, 311.095

State fair, beer and wine, issued, when, 311.487

Stock ownership not deemed a financial interest, when,

311.061

Sunday sales, fee, hours, 311.293

Suspension or revocation

Felony drug conviction, automatic revocation, 311.720

Invalid reason, 311.212

Procedure, 311.710, 311.720

When, notice, 311.680

Suspension, violation of price regulations, 311.338

Tasting permit, wine and malt beverage, limitation, 311.294

Temporary permit

Caterers, how, extent, credit for unused liquor allowed,

when, 311.485

Certain organizations, sale by the drink on premises for

special occasions, 311.482

Credit allowed caterers for unused liquor, when, 311.485

Transfer, legal when, 311.250

Transporters, 311.420 to 311.440

Transporters, certain carrier exempt, 311.420

Violations, conduct more than three years prior, not valid

reason to suspend or revoke, 311.212

Vintage wine, municipalities may sell by sealed bid, 311.193

Warning or probation, when, notice, 311.680

Wholesalers, fees, 311.180

Wine, light, sale by drink, 311.200

Loans, liquor as collateral, repossession, authority for

lending institution to sell, no license required,

311.401

Local option

Applicable, when, 311.170

Ballots, form, 311.130

Disapproval, effect, 311.150

Election, when and how held, 311.110

Elections, notice of result, contest, 311.140

Petition for election, 311.110

Resubmission of question, 311.160

Malt beverage tasting permit, limitation, 311.294

Malt liquor

Exclusive territories of assigned areas for sales by

wholesalers, violation, penalties, 311.182

Fourth of July sales, temporary license, certain

organization, fee, hours, 311.218

Ingredients, 311.490

Inspection fee not charged, when, 311.530

Inspection, product samples and testing not required for

approval for sale, when, 311.510, 311.520

Label, information included on, when, 311.360

Sales, license, fee, 311.200

Sampling, Malt Liquor, 311.197

Wholesaler’s licensing requirements

Application, content, filed where, 311.181

Brewer to authorize sales in geographic area by

written agreement, 311.181

Exclusive right of wholesaler to assigned area,

brewer prohibited from additional contracts,

311.182

Geographic area changes, how made, filed where,

311.181

Geographic area limitation on license, exception,

311.181

Violation of geographic area in sales, penalties,

311.182

Warehouse and delivery facilities, maintained in area

required, 311.181

Manufacturer’s and distiller’s violations, fines to supersede all

other penalties, amounts, 311.868

Manufacturers, interest in retail business, permitted, when, sale

by drink on premises of entertainment facilities, 311.070

Manufacturer’s licenses – 311.180

Microbrewers, license, fee, sales allowed, procedure, 311.195

Minors

Alcohol related traffic offenses, 577.500

Alteration, misrepresentation of license, 577.500

Burden of proof on violator that container does not

contain liquor, 311.325

Consumption, knowingly permitting, 311.310

Container describing contents as liquor need not be

opened and tested, presumption that is liquor,

311.325

Delivery by, prohibited, when, 311.300

Driver’s license, passport or I.D. altered to misrepresent

age to obtain liquor, penalties, 311.320

Driver’s license, revocation Alcohol education program,

persons under twenty-one years of age, required,

when, 302.425

Enforcement, minors not to be used, exceptions, 311.722

Expungement of record permitted, when, 311.326

Identification, acceptable forms – 311.328

Misrepresentation of age, penalty, 311.320

Possession of alcohol for second time, 302.400

Possession or use of alcohol in motor vehicle, 302.400

Purchase or possession by, misdemeanor, 311.325

Sale by minor, prohibited, when, exception, 311.300

Sale to prohibited, not grounds for denial of license, when,

311.310

Standards for using minors in enforcement, 311.722

Student accredited college or university, culinary course,

311.325

Visibly intoxicated, penalty, 311.325

Work in Industry, Minors – 311.300

MIR – manufacturing instant rebates, 311.355

Misrepresentation of brand of liquor – 311.360

Missouri Bourbon Whiskey – 311.025

Mobile Applications, 311.950

Monthly returns – 311.553

Nonalcoholic beverages, sale of, 311.070.55

Nonlabeled or noninspected, sale of, penalty, 311.600

Nuisance

Action to enjoin, procedure, 311.750

Maintaining, penalty, 311.740

Serving in violation of law, 311.480

One day permit, extended hours, Kansas City, 311.088

Original package license – 311.200.1 & 2

Definition, original package – 311.200.2

Growler – 311.201

Out –of-state manufacturers, 311.915

Outside Signs – 311.070.4(15)

Outdoor Banners – 311.070.4(15)

Ordinary Commercial Credit, definition – 70-2.010(11)

Ozark Highlands Spirits, qualifications as, requirements – 311.028

Package sales, when licensed to sell malt liquor and wine by drink,

effect, exceptions, 311.200

Package stores, requirements, fees, 311.200

Payment of tax, returns, 311.553

Peace officers arrests, authority for, liquor violations, 311.630

Arrests, authority for liquor and tobacco violations, 311.630

Badges and credentials to be furnished, 311.630

Fees, for arrest and transportation of persons arrested, service

of writ, amount, 311.630

Search and seizure, powers, 311.630

Selection by supervisor of alcohol and tobacco control,

311.630

Training requirements, 311.630

Penalties, civil, 311.680

Penalties, failure to determine age of buyer, licensee exempt from,

good faith, 311.328

Permanent point of sale advertising material – 311.070.3(3)

Personal use, family use – 311.055

Persons eighteen years of age may handle, exceptions, 311.300

Picnics, temporary license for certain organizations may also

include Sunday sales, may sell in the original package for off

premise consumption, when, 311.482

Point of sale advertising materials, definition, 311.070

Portable bars, definition, 311.086

Possession of illegal or untaxed liquor prohibited – 311.580

Powers of Supervisor – 311.660

Pregnancy warning signs, required – 311.299

Premises licensed for sale by drink, keeping unauthorized liquor

prohibited, exceptions, 311.330

Price – Liquor and Wine

Discrimination by wholesalers, prohibited, 311.332

Pricing to be made available to retailers, when, 311.333

Reduction by wholesaler to retailers authorized, when,

limitations, 311.332, 311.335

Regulations, violation misdemeanor, 311.338

Primary American source of supply, defined, 311.275

Product display, definition, 311.070.4(1)

Product tasting, 311.297

Promotion, definition, 311.070

Promotional association – 311.086

Public nuisance – 311.740

Purpose of chapter 311 – 311.015

Railroad companies, license, fees, 311.200

Rebate coupons, permitted, regulation of, 311.332, 311.355

Recordkeeping requirements –70-2.140(6), 311.070.4(2)(a),

311.070(14)(a), 311.070.7, 311.071.3, 311.082.3

Recreational resorts, distillery, 311.075

Refrigeration units, portable, leasing – 311.198

Religious organizations, donation, delivery or sale to, allowed

when, 311.332

Replevin, seized liquor, procedure, 311.850

Repossession by lending authority to sell, limitation, no license

required, 311.401

Resident Corporation – 311.060

Resort, defined, license for sale by drink, 311.095, 311.178

Restaurant bar with that serves 20 different types of draft beer,

without an onsite brewery, may sell 32 oz. for off premise

consumption, 311.196

Restaurants and places of entertainment, licensing of, 311.480

Retailer association activities – 311.070.4(14)

Retail dealer to purchase from licensed wholesaler only,

311.280

Retailers, hours, closed when, 311.290

Returns, 70-2.190(8) & 311.070.4(16) – (18)

Review by administrative hearing commission – 311.691

Revocation – 311.557

Roadhouses, licensing, 311.480

Sale by lending institution, - repossessed as collateral, no

license required, 311.401

Sale by the drink

Arenas, brewers and manufacturers, sales on premises,

requirements, 311.070

Bill of lading to accompany shipment, when, contents,

inspection, 311.450

Birth defects caused by drinking while pregnant, warning

notice sign on display, 311.299

Boats, requirements, fee, 311.091

Charitable, fraternal, religious, service, veterans, on

premises or in close proximity, requirement, 311.090

Civil actions permitted, when, 311.685

Closed place defined, penalty, 311.290

Common eating and drinking areas, defined, 311.096

Extended hours of business permitted, when,

311.096

Fees, amount, authority for cities and counties to

collect, 311.096

Sunday sales, permitted, when, 311.096

Convention trade areas, extended hours for business

Kansas City, requirements, fee, 311.174

North Kansas City, requirements, fee, 311.174

St. Louis City, requirements, fee, 311.176

St. Louis County, requirements, fee, 311.178

Counties, first class, charter form, requirements, 311.085

Defined, sale by drink, 311.100

Election to authorize, cities under 19,500 population,

311.090

Entertainment facilities, brewers and manufacturers, sales

on premises, requirements, 311.070

License, 311.085, 311.090, 311.095, 311.200

Malt liquor, counties of first classification, 311.085

Malt liquors license, fees, applications, 311.200

Common eating and drinking areas, defined, 311.096

Extended hours of business permitted, when, 311.096

Fees, amount, authority for cities and counties to collect,

311.096

Sunday sales, permitted, when, 311.096

Premises licensed for sale by drink, keeping unauthorized

liquor on, prohibited, 311.330

Resorts, requirements, new resorts, temporary licenses,

311.095

Restaurants, requirements, new businesses, temporary

licenses, requirement, 311.095

School, no license granted within certain distance without

permission, exceptions, 311.080

Seasonal resort restaurants, requirements, temporary licenses,

311.095

Sign required on premises, warning of dangers of pregnant

women, 311.299

Special events, contributions of money permitted, when,

311.071

Stadiums, brewers and manufacturers, sales on premises,

requirements, 311.070

Temporary permit, certain organizations, sale by the drink on

premises for special occasions, picnics, 311.482

Tourism promotion, brewers, distillers, winemakers, sales on

premises, requirements, 311.070

Wine, light, 311.200

Wines, license to sell only Missouri produced wine, 311.070

Wine manufacturers and employees on premises or in close

proximity to winery, 311.070

Sale, hours of, penalty, 311.290

Sale of noninspected or nonlabeled, penalty, 311.600

Sale to minor, not grounds for denial of license, when, 311.310

Sales and use tax must be paid to obtain license – 311.665

Samples, 311.070.4(7) & 311.197

Salvaged Alcohol – 70-2.250(2)(B) & (C)

Schools, no license granted within certain distance without

permission, exceptions, 311.080

Search warrants, issuance, 311.810

Search warrants, officers executing, fees, mileage, 311.860

Seasonal resort restaurant, defined, license for sale by drink,

311.095

Seized liquor, actions to forfeit, 311.840

Seizure of transported liquor and vehicle, 311.830

Selling without paying tax, penalty, 311.550

Shipments, unclaimed, sale, 311.400

Special events, contributions, 311.071

Spirituous liquors, gallonage tax, 311.550

Spirituous liquors, inspection, product samples and testing not

required for approval for sale, when, 311.540

Spirituous liquors, inspection, 311.450

State fair, annual license, beer and wine, issued, when,

311.487

Stored liquor, report of, penalty, 311.370

Tasting Guidelines, 311.297

Wines, license to sell only Missouri produced wine, 311.070

Self dispensing systems, 311.205

Shipping, direct wine shipping – 311.185

Signs required, warning pregnancy – 311.299

State fair license – 311.487

Statute of limitations - 311.212

Stocking and Rotating – 311.070.4(12)

Storage –liquor – 311.370, 70-2.140

Sunday sales

Common eating and drinking areas, defined, time open,

311.096

Holidays, certain specific dates, sale by drink, 311.298

Local licenses, Sunday sales, limitations, 311.293

Malt beverage tasting permit, limitation, 311.294

Sunday liquor, license, fee, hours, 311.293

Restaurants Convention trade areas, special extended

hours, requirements, 311.174 to 311.178

Generally, hours for opening and closing, 311.293

Super Bowl Sunday, sale by drink, 311.298

Wine tasting permit, limitations, 311.294

Supervisor, wholesale-solicitor, registration forms to 311.275

Supervisor Agents, appointment, 311.610

Agents, seizures, power to make, 311.850

Appointment, qualification, bond, oath, duties, 311.610

Complaints, transfer of prosecuting attorneys, duties,

311.780

Employees

Appointment, expenses allowed, 311.610

Failure to perform duties, penalty, 311.670

Interest in liquor industry prohibited, 311.640

Licenses

Applications for, duties, 311.210

Renewals, extension of time, when, 311.660

Requirements, powers, 311.060

Suspension, revocation powers, 311.660

Malt liquors, inspection, product samples and testing

not required for approval for sale, when,

311.510

Offices, location, 311.650

Peace officers, selection, 311.630

Penalties, civil, 311.680

Powers and duties, 311.660

Removal from office, 311.670

Report to Governor, 311.610

Revocation or suspension of licenses, 311.557,

311.680

Revocations and suspensions, list of, duties, 311.780

Rules and regulations on return of liquor to

wholesalers, 311.333

Sales and use taxes to be paid to obtain license,

duties, 311.665

Seizures, power to make, 311.850

State fair, beer and wine, license issued, when,

311.487

Suspension or revocation of licenses, powers, 311.68

Sweepstakes – 311.070.4(11)

Table tap dispensing system, 311.205

Tasting license – 311.294

Tasting on and off retail premises, when – 311.297

Temporary permit, caterers, authority to issue, credit for

unused liquor allowed, when, 311.485

Temporary permit, certain organizations, sale by the drink on

premises for special occasions, 311.482

Temporary license, 4th of July celebrations, certain

organizations, wine, malt liquor, fee, hours, 311.218

Temporary permit, certain organizations, sale by the drink on

premises for special occasion, 311.282

Temporary point of sale advertising materials, definition,

311.070

Title of law, citation, 311.010

Transportation into or through state, requirements, 311.410;

penalty, 311.460

Transportation, wine, interstate reciprocal shipments, allowed

when, limitations, 311.462

Transported liquor and vehicle to be seized, when, 311.830

Transporters, 311.420 to 311.440

Transporter’s license, revocation, 311.430

Vehicles, authority to search, 311.820

Warning or probation of licensees, powers, 311.680

Wholesaler’s licenses for malt liquor duties, 311.180, 311.181

Wholesalers, return of liquor to, rules and regulations, 311.333

Transporters, license required, certain carriers exempt, 311.420

Transporting alcoholic liquor, bill of lading to accompany, content,

inspection, 311.450

Unauthorized liquors prohibited on premises – 311.330

Unclaimed shipments of liquor may be sold – 311.400

Unfinished bottles of wine may be carried out, when - 311.101

Unlabeled liquor, unlawful to sell – 311.600

Unlawful for retailer to purchase from other than wholesaler –

311.280

Unlicensed events, exemption - 311.332

Vehicles, search, evidence used how, 311.820

Veterans, temporary license for certain organizations may

also include Sunday sales, when, 311.482

Vintage wine, definition, 311.191

Vintage wine license, 311.180

Vintage wine license for sale by municipalities, 311.193

Violations

Manufacturers and distillers, fines to supersede all other

penalties, amounts, 311.868

Penalty, 311.880

Prosecuted, how, 311.790, 311.800

Warehouse receipts, sale or gift of, prohibited - 311.380

Warehousing, central – 70-2.230

Whiskey, Missouri Bourbon Whiskey – 311.025

Wholesalers

Activities permitted with retailer, 311.070

Alcohol samples for tasting, who, when, 311.297

Close-out merchandise, discount to retailers authorized,

limitation, 311.335

Condition of sale of alcoholic beverages on sale of

nonalcoholic beverages prohibited, exception, 311.070

Credit for unused liquor may be given, when, 311.070

Debt of retailer, going out of business, procedure, dealer’s

effect, 311.265

Delayed shipments because of price changes prohibited,

penalty, 311.335

Discounts to retailers authorized when, limitation, 311.332

Dispensing accessories, installation allowed by, when,

311.070

Gaming commission licensees, sales to, allowed, 311.180

Interest in retail business, prohibited, exception, activities

permitted, sale by drink, on premises, promotion of

tourism, requirements, 311.070

Licensing – 311.180

Price changes, delayed shipments, penalty, 311.335

Price discrimination by, prohibited, 311.332

Price reductions by wholesaler to retailers authorized, when,

limitations, 311.333

Pricing to be made available to retailers, when, 311.333

Rebate coupons, permitted, regulation of, 311.332, 311.355

Returns of alcoholic beverages permitted, supervisor to

regulate, 311.333

Sales, delivery to retailer permitted, when, 311.290, 311.480

Suspension of license for violation of price regulations,

311.338

Violation, license suspended or revoked, 311.338

Wholesale price discrimination, misdemeanor, 311.338

Wholesalers, activities permitted with retail licensee, 311.070

Wholesale-solicitor

Form provided, procedure, 311.275

Primary American source of supply, defined, 311.275

Registration with division of liquor control required,

311.275

Wholesalers prohibited from ordering from unless

registered, 311.275

Wine

Additional tax on selling, collection, deposit, purpose,

311.554

Alcohol carrier license, 311.185

Auction of vintage wines, 311.191

Direct wine shipping, 311.185

Domestic wine license, 311.190

Fourth of July sales, temporary license, certain

organizations, fees, hours, 311.218

Gallonage tax, 311.550

Interstate reciprocal shipments, allowed when, limitations,

311.462

Limitation on use of revenue, 311.554

Wine, light

Alcohol content not to exceed fourteen percent, 311.090

Charitable, fraternal, religious, service, veterans, sale by

drink, outside city limits, when, 311.090

Definition, 311.090

License for sale, required, 311.090

Sale by drink, consumption on premises, license fee,

311.200

Sale by drink, effect on other package liquor sales,

exceptions, 311.200

Tasting permitted, when 311.297

Wine manufacturers

Consumption of wine purchased on premises, hours, 311.190

Crops, natural disaster, use of products from outside state,

procedure, 311.190

Definition, 200 Gallons, 311.192

Federal regulations applicable, 311.190

License, fees, 311.190 Products not grown or produced in

state, limitation, exception, 311.190

Samples, authority to serve, 311.190

Selling, authority to serve, 311.190

Sunday sales, 311.190

Tasting permitted, when 311.297

Transportation of unfinished bottle of wine permitted, when,

311.101

Vintage wine, municipalities may sell sealed bids – 311.193

Vintage wine, Solicitor permitted to register as Primary

American Source of supply, 311.275

Wine marketing and research, additional charge for director of

agriculture use, 275.464

Wine, license to sell by drink only Missouri produced wines,

311.07

Wholesalers, retail dealers, sales to, hours, exceptions, 311.190

Winemakers, contributions of money or merchandise to retail

liquor dealers, permitted, when, 311.070

Winemakers, interest in retail business prohibited, exception, sale

by drink, on premises, promotion of tourism, requirements,

311.070

Winery, alcohol samples for tasting permitted, when, 311.297

RULES

and

REGULATIONS

of the

SUPERVISOR

ALCOHOL AND TOBACCO CONTROL

11 CSR 70-1

11 CSR 70-2

Index to Regulations

Table of Contents

70-1.010 Organization and Methods of Operation

70-2.010 Definitions

70-2.020 Application for License

70-2.030 Change of Facts, Posting, Transfer and Lost

Licenses– Executors–Administrators

70-2.040 Manufacturers, Wholesalers and Distributors

70-2.050 Wholesalers’ Conduct of Business

70-2.060 Manufacturers

70-2.070 Tax on Spirituous Liquor and Wine

70-2.080 Malt Liquor Tax

70-2.090 Reporting Distillers, Rectifiers, Wine Manufacturers

and Wholesalers

70-2.100 Report of Brewers and Beer Wholesalers

70-2.110 Domestic Wine

70-2.120 Retail Licensees

70-2.130 Retailer’s Conduct of Business

70-2.140 All Licensees

70-2.150 Refunds

70-2.170 Warehouse Receipts for Storage of Intoxicating Liquor

70-2.180 Ceded Areas

70-2.190 Unlawful Discrimination and Price Scheduling

70-2.230 Multiple Store Retailers

70-2.240 Advertising of Intoxicating Liquor and Nonintoxicating Beer

70-2.250 Salvaged Alcoholic Beverages

70-2.260 State of Emergency

70-2.270 Transfer and Registration of Lines or Brands of

Spirituous Liquor and Wine

70-2.280 Guidelines for Using Minors in Intoxicating Liquor

Investigations

Title 11–DEPARTMENT OF PUBLIC SAFETY

Division 70–Division of Liquor Control

Chapter 1–General Organization

Regulation No. 70-1.010

Organization and Methods of Operation

PURPOSE: This rule describes the organization, methods of

operation and procedures of the Division of Liquor Control.

(1) The Department of Liquor Control was established under the Liquor

Control Act passed by the Fifty-Seventh General Assembly in extra

session, was signed by the governor on January 13, 1934 and became

effective on that date. The Omnibus State Reorganization Act of 1974

created the Department of Public Safety and made the Department of

Liquor Control a division of that department. The Liquor Control Law

is sections 311.010, RSMo. On August 28, 2001, the division gained

responsibility for enforcement of youth access to tobacco laws and in

2003, was renamed the Division of Alcohol and Tobacco Control. The

division enforces the tobacco laws under sections 407.925 through

407.934, RSMo.

(2) The supervisor of Alcohol and Tobacco Control is vested with the

exclusive power to issue and to revoke or suspend licenses for the sale

of intoxicating liquor and with the power to make rules governing the

conduct and method of operation of all licensees set out in section

311.660(10), RSMo.

(A) The supervisor, with the approval of the director of the

Department of Public Safety, is authorized to appoint and employ all

agents, assistants, deputies, and inspectors as are necessary for the

proper enforcement and administration of the Liquor Control Law.

(B) These appointees are prohibited from participating in any type of

partisan political activity and are likewise prohibited from

electioneering for or against any proposition to be voted on at any

election. Appointees are required to meet minimum physical and mental

requirements and receive training in the laws and their enforcement.

(3) All licenses issued by the Division of Alcohol and Tobacco Control

expire on the thirtieth day of June, next following the date that the

license was issued. Correct license fees shall be paid before any license

is issued. Cities and counties are permitted by law to license and

regulate the sale of liquor.

(4) The supervisor of Alcohol and Tobacco Control, agents of the

Division of Alcohol and Tobacco Control, prosecuting attorneys,

sheriffs, their deputies, and police officers are charged with the duty of

enforcing the Liquor Control Law. The division works closely with

other law enforcement agencies and personnel in an effort to ensure

compliance with the liquor control laws and youth access to tobacco

laws.

(A) It is the purpose of the division to assist licensees and to eliminate

the persistent violator. The supervisor of Alcohol and Tobacco Control

has the authority to impose civil penalties and suspend or revoke

licenses.

AUTHORITY: section 311.660, RSMo 2016.* Original rule filed Dec. 31, 1975, effective

Jan. 10, 1976. Amended: Filed Dec. 4, 1984, effective March 11, 1985. Amended: Filed Jan.

8, 1990, effective April 26, 1990. Amended: Filed Feb. 27, 1998, effective Aug. 30, 1998.

Amended: Filed Oct. 10, 2018, effective May 30, 2019.

*Original authority: 311.660, RSMo 1939, amended 1989.

Brown-Forman Distillers Corp. v. Stewart, 520 SW2d 1 (Mo. banc 1975). Supervisor of

liquor control is statutorily vested with the power and authority to promulgate valid

regulations to fill in the interstices of the Liquor Control Law. Rules which are in pari

materia must be construed together. The broad, yet valid, authority conferred upon the

supervisor by subsections (6) and (10) of section 311.660, RSMo 1969 is limited only in the

respect that regulations be necessary, reasonable and not inconsistent with the Liquor

Control Law.

Title 11–DEPARTMENT OF PUBLIC SAFETY

Division 70–Division of Liquor Control

Chapter 2–Rules and Regulations

Regulation No. 70-2.010

Definitions

11 CSR 70-2.010 Definitions PURPOSE: This rule defines certain

terms pertaining to and commonly used throughout Chapter 311,

RSMo, and the rules and regulations of the supervisor of liquor control.

(1) Close proximity refers to two (2) or more areas that are located on

one (1) continuous tract of land owned or leased by the same person, or

within line of sight of one another, or located on an adjoining property

owned or leased by the same person.

(2) Delivery occurs when a licensee transports or uses an employee or

agent to transport intoxicating liquor to a consumer at a location other

than the licensed premises.

(3) Direct financial interest means personally having, owning, or

otherwise holding a financial interest.

(4) Domestic wine is defined in accordance with section 311.190,

RSMo.

(5) Good moral character refers to honesty, fairness, and respect for

the rights of others and for the laws of the state and nation.

(6) Indirect financial interest means enjoying the benefits of a direct

financial interest of another person, as that term is defined in section

311.030, RSMo, or having any control over another person with a direct

financial interest, including but not limited to: a spouse, minor child, or

other relative living in the same home holding a direct financial interest;

sharing monetary assets or liabilities with another person with a direct

financial interest; having more than a ten percent (10%) ownership

interest in another person with a direct financial interest; directly

managing or serving as the managing officer of another person with a

direct financial interest; or sharing common ownership where the

common owner has more than a ten percent (10%) interest in each

person.

(7) Intoxicating liquor is defined in accordance with 311.020, RSMo.

(8) Malt liquor or beer is defined in accordance with section

311.490(1) and (2), RSMo.

(9) Managing officer means an individual in an applicant or licensee’s

employ or agent thereof who shall be responsible for any licenses issued

by the state supervisor and serves as the division’s primary point of

contact with the applicant or licensee.

(10) The words manufacturer and manufacturer-solicitor, whenever

used as nouns in Chapter 311, RSMo, and in these regulations, are

synonymous.

(11) Ordinary Commercial Credit.

(A) Malt Beverages. Ordinary commercial credit for malt beverages

is credit that requires payment to be made by the retail licensee by the

last day of the month for malt beverages delivered on or after the first

day of the month and up to and including the fifteenth day of the month

and by the fifteenth day of the following month for malt beverages

delivered to the retail licensee on or after the sixteenth day of the month

and up to and including the last day of the month. No brewer or

wholesaler may sell or deliver malt beverages while the retail licensee

owes the brewer or wholesaler for malt beverages beyond the period of

time as indicated in this subsection.

(B) Spirituous Liquor and Wine. Ordinary commercial credit for

spirituous liquor and/or wine is credit that requires payment to be made

by the retail licensee within thirty (30) days after the delivery of

spirituous liquor and/or wine to the retail licensee. No distiller,

wholesaler, or wine maker may sell or deliver spirituous liquor and/or

wine while the licensee owes the distiller, wholesaler, or wine maker

for spirituous liquor and/or wine beyond the period of time as indicated

in this subsection.

(12) Original package refers to any package containing one (1) or more

bottles, pouches, or cans of malt liquor, spirituous liquors, or wine in

the manufacturer’s original sealed container.

(13) The word permit, whenever used as a verb in Chapter 311, RSMo,

and in these regulations, means to have knowledge of an event or

activity and to authorize, make possible, allow by tacit consent, or fail

to prevent said event or activity from occurring. Knowledge of an event

or activity may be inferred if the event or activity occurs openly, or if

knowledge of the event or activity could have been obtained through

the exercise of reasonable care and diligence.

(14) The words permit and license, whenever used as nouns in Chapter

311, RSMo, and in these regulations are synonymous.

(15) The words permittee and licensee, whenever used as nouns in

Chapter 311, RSMo, and in these regulations are synonymous.

(16) Person is defined in accordance with section 311.030, RSMo.

(17) Premises or premise refers to any place where intoxicating liquor

is sold or consumed and may be one (1) room, a building comprising

several rooms, two (2) or more buildings permanently connected by a

covered walkway, or a building with adjacent or surrounding land that

has clearly delineated, permanent boundaries and is not used primarily

for vehicular travel or parking, such as a lot or garden.

(18) Retailer is a person holding a license from the state supervisor

authorizing the person to sell, offer to sell, or facilitate the sale of

intoxicating liquor to consumers.

(19) Shipment occurs when a licensee uses a common carrier to

transport intoxicating liquor to a consumer at a location other than the

licensed premises.

(20) Spirits or spirituous liquor includes brandy, rum, whiskey, gin,

any distilled intoxicating liquor, and all other preparations, dilutions, or

mixtures for beverage purposes of a like character and excludes all other

vinous, fermented, or malt liquors.

(21) Unlabeled liquor includes any intoxicating liquor that does not

have a label affixed to the original package, that has a label affixed to

the original package which has not been approved in accordance with

state and federal laws and regulations, or that has an approved label that

has been affixed to the original package in a way that is not in

accordance with state or federal laws and regulations.

(22) The words wholesaler and/or wholesale-solicitor whenever used

as nouns in Chapter 311, RSMo, and in these regulations, are

synonymous.

(23) Wine is a vinous liquor produced by fermentation of juices of

grapes, berries, or other fruits, or a preparation of certain vegetables by

fermentation, and containing alcohol not in excess of twenty-two

percent (22%) by volume.

(24) A case of wine, for the purposes of wine direct shipments, is a box,

crate, or other container that holds twelve (12) standard bottles of wine

in the manufacturer’s original package, each containing seven hundred

fifty milliliters (750 ml), or holds one (1) or more containers of wine in

the manufacturer’s original package with an aggregate total of no more

than nine (9) liters or two and thirty-eight hundredths (2.38) gallons of

wine.

(25) Applicant refers to the sole proprietor, partnership, or entity

applying for a liquor license.

(26) Entity refers to any association, corporation, limited liability

company, limited partnership, or other business structure which has a

separate legal existence from its owner(s). Entity also includes any

business structure not in conformance with a sole proprietor or

partnership structure as defined herein.

(27) Partnership refers to two (2) or more individuals who share

control over the management and profits of a business structure. The

business has no separate legal existence from the partners.

(28) Sole proprietor refers to one (1) individual who exercises

exclusive control over the management and profits of a business

structure. The business has no separate existence from its owner.

Income and losses are taxed on the individual’s personal income tax

return.

AUTHORITY: section 311.660, RSMo Supp. 2021.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Amended: Filed Nov. 21, 1974, effective Dec. 1, 1974. Amended:

Filed Sept. 30, 1976, effective Feb. 11, 1977. Amended: Filed Jan. 7, 1985, effective April

11, 1985. Amended: Filed Dec. 2, 1993, effective June 6, 1994. Amended: Filed Jan. 22,

1996, effective July 30, 1996. Amended: Filed Oct. 10, 2018, effective May 30, 2019. **

Amended: Filed Jan. 25, 2022, effective Aug. 30, 2022.

*Original authority: 311.660, RSMo 1939, amended 1989, 2021.

**Pursuant to Executive Order 21-07, 11 CSR 70-2.010, section (5) was suspended from

April 14, 2020 through August 27, 2021.

Op. Atty. Gen. No. 132, Russell (7-18-79). Ethanol used solely as a fuel for motor vehicle

purposes is not a section 311.020, RSMo “intoxicating liquor.” Also, manufacturers of

ethanol for fuel purposes need not be licensed under Chapter 311, RSMo if the ethanol is

denatured by some means.

Op. Atty. Gen. No. 37, Mueller (1-17-79). Wines used as part of religious services are not

“for beverage purposes” since they are not being consumed for the mere pleasure of drinking

or for physical or mental exaltation. Therefore, these “sacramental wines” are not

intoxicating liquors as defined in Chapter 311, RSMo.

Regulation No. 70-2.020

Application for License

PURPOSE: This rule prescribes forms and applications and establishes

procedure for the issuance of all intoxicating liquor licenses.

(1) Applications for licenses including payment for the correct amount

of the license fee are to be submitted to the supervisor of Alcohol and

Tobacco Control at the Central Office in Jefferson City, or any

operational Alcohol and Tobacco Control field office within the state.

If payment is rejected for insufficient funds and the licensee has not

replaced such payment within fifteen (15) days of notification with

sufficient funds, then beginning with the sixteenth day, if such

licensee’s renewed license has been issued, such renewed license shall

be suspended until the day following the day the licensee makes

restitution for the insufficient funds payment, or if such licensee’s

renewed license has not been issued, the renewed license shall not be

issued until on or after the day following the day the licensee makes

restitution for the insufficient funds payment.

(2) Application is to be made on the forms prescribed by the supervisor.

(3) No applicant may exercise the privileges of the license applied for

prior to its issuance.

(4) If application is made by a partnership, the application shall set out

the names and residences of all the partners, whether they be active or

silent, and be signed by all the partners. All partners shall qualify under

the laws of Missouri for the license.

(5) If application is made by an entity, the application shall set out the

names and residences of any officers and all members or shareholders,

whether they be active or silent, and be signed by the managing officer.

The entity shall qualify under the laws of Missouri for the license.

(6) No application will be considered which is not complete. No license

may be granted to an applicant unless the applicant makes full, true, and

complete answers to all questions in the application. Any false answer

to any question in the application or omission of a material matter in

the application, may be cause for denial of the application or discipline

of any license issued pursuant to the application.

(7) Violation of any oath taken by a licensee or any person(s) listed in

the application in connection with the application for a license is cause

for denial of the application or discipline of any license issued pursuant

to the application.

(8) If the supervisor of Alcohol and Tobacco Control has reason to

believe that an applicant or any person(s) listed in the application has a

criminal record and is not a person of good moral character, the

supervisor may request that the applicant or person(s) listed in the

application submit to being fingerprinted and fingerprints forwarded to

the Department of Justice to ascertain if the applicant or person(s) listed

in the application has been convicted of any crime.

(9) The surety on the bond of any licensee at any time may notify the

supervisor of Alcohol and Tobacco Control and the licensee that s/he

desires after a date named, which is at least thirty (30) days after the

receipt of notification by the licensee and the supervisor, to be relieved

of liability on the bond. Upon receipt, the privileges of the principal

under the license as is supported by the bond may be terminated and

cancelled on the date specified, unless supported by other sufficient

bond(s), and the surety can be relieved of liability on the bond for any

default of the principal accruing on and after the date named.

(10) Every applicant for a liquor license of any kind will present all

applicable items listed on the checklist of requirements that corresponds

to the application form as prescribed by the supervisor of Alcohol and

Tobacco Control. Failure to present all applicable items may be cause

for denial of the application or discipline of any license issued pursuant

to the application.

(11) Every applicant for a liquor license of any kind must provide

written notice to the supervisor of Alcohol and Tobacco Control if any

fact or information changes from what is set forth in the application.

Failure to provide written notice of such changes may be cause to deny

the application or to discipline any license issued pursuant to the

application.

(12) No license may be issued to the spouse, child(ren), step-child(ren),

parent(s), stepparent(s), son-in-law or daughter-in-law, employee, or

other person having any interest in the business of a licensee whose

license has been revoked, for the privilege of doing business at the same

location or in close proximity to the location of the establishment whose

license was revoked until a period of five (5) years after the date of the

revocation of the license, and then at the discretion of the supervisor of

Alcohol and Tobacco Control.

(13) Ineligible Premises.

(A) No license may be issued for any premises that has been

condemned by a federal, state, county, or local government entity, or

has been declared a public and common nuisance by a court of law.

(B) No license may be issued for any premises that is transitory,

moveable, or not permanently anchored to the ground, unless expressly

permitted under Chapter 311, RSMo, or the regulations promulgated

thereunder. This regulation does not apply to any applicant seeking a

temporary license, except for temporary licenses issued under section

311.095, RSMo.

residence. Where an application seeks to license a portion of any

building that contains a private residence, the building must have

permanent partitions such that the licensed premises is separate and

distinct from any residential areas. The licensed premises and the

private residence must each have separate entrances and street

addresses. This regulation does not apply to hotels, motels, bed and

breakfasts, any premises that offers commercial overnight lodging, or

any premises that does not receive or store intoxicating liquor on-site

for commercial use.

(D) No license may be issued to any premises that includes, in whole

or in part, the licensed premises of a current licensee. Where an

applicant wishes to be licensed to operate on a premises that includes,

in whole or in part, the licensed premises of a current licensee, the

applicant must provide documentation showing that the current licensee

either no longer owns or has a lease to operate out of the licensed

premises or has agreed to surrender the premises in question to the

applicant for the applicant’s exclusive use. This regulation does not

apply to any applicant seeking a temporary license, except for

temporary licenses issued under section 311.095, RSMo.

(14) When the supervisor receives applications from two or more

applicants seeking to operate out of the same premises, those

applications will be processed in the order in which they were received.

No application will be considered unless the previous applicant(s) have

withdrawn its application or the supervisor has denied the previous

applicant(s) and the previous applicant(s) have exhausted the

administrative remedies found in section 311.691, RSMo.

(15) The supervisor of Alcohol and Tobacco Control, at his/her

discretion and for good cause, may issue a temporary license for up to

ten (10) days. A completed application with all required current

documents and payment of license fees and any late charges must be in

receipt of the Division of Alcohol and Tobacco Control before a

temporary license may be considered by the supervisor of Alcohol and

Tobacco Control.

AUTHORITY: section 311.660, RSMo Supp. 2021.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Amended: Filed July 11, 1984, effective Oct. 11, 1984. Amended:

Filed Dec. 2, 1993, effective June 6, 1994. Amended: Filed Feb. 27, 1998, effective Aug.

30, 1998. Amended: Filed Sept. 22, 1998, effective March 30, 1999. Amended: Filed June

5, 2008, effective Nov. 30, 2008. Amended: Filed Oct. 10, 2018, effective May 30, 2019.

Amended: Filed Jan. 25, 2022, effective Aug. 30, 2022.

*Original authority: 311.660, RSMo 1939, amended 1989, 2021.

Brown-Forman Distillers Corp. v. Stewart, 520 S.W.2d 1 (Mo. banc 1975). Separate

licenses are required for every phase of the liquor traffic and manufacturers, wholesalers

and retailers are statutorily categorized as distinct separate phases thereof. The statutes

indicate a legislative intent to preclude a licensee in one phase of the liquor traffic from

controlling traffic in liquor in its entirety.

Pinzio v. Supervisor of Liquor Control, 334 S.W.2d 20 (1960). A review of the statutes

makes it clear that the legislature has vested sole discretion in the supervisor (of liquor

control) to issue or refuse to issue each license, whether one of original issue or a renewal

and that a hearing is not an essential prerequisite to the lawful exercise of that sole discretion.

Failure to hold a hearing prior to the refusal to issue a denial of due process is in violation

of the pertinent provisions of the state and federal constitutions.

State ex rel. Floyd v. Philp et. al., 266 S.W.2d 704 (Mo. banc 1954). The exclusive authority

to determine whether statutory qualifications for an applicant for a state license to sell

intoxicating liquor at retail had been met and the authority to issue such licenses is vested

in the state supervisor of liquor control.

Regulation No. 70-2.030

Change of Facts, Posting, Transfer and

Lost Licenses–Executors–Administrators

PURPOSE: This rule establishes procedure for reporting changes in

status of license, transfer, death of licensee or managing officer, loss

of, etc.

(1) Written notice is to be provided to the supervisor of Alcohol and

Tobacco Control within fifteen (15) days if any factor or information

changes from what is set forth on an application during a period of

licensure.

(2) A license issued pursuant to this chapter is to be displayed in a

conspicuous place on the premises where the business is carried on, as

well as any city or county license designating the premises as a place to

sell intoxicating liquor. No license may be posted at the premises where

traffic in intoxicating liquor is being carried on by any person other than

the licensee. A license may not be knowingly defaced, destroyed, or

altered.

(3) The supervisor of Alcohol and Tobacco Control may allow a license

to be transferred to any other premises or to any other part of the

building containing the licensed premises, provided the premises

sought to be licensed meets the requirements of the law. The licensee

must apply for permission to transfer in writing, and the supervisor must

approve the application for permission to transfer before the license can

be transferred. The application for permission to transfer must

include—

(A) Legal name, business name or d/b/a, and license number(s) of

licensee;

(B) Address and legal description of current premises;

sought, together with name and address of owner or landlord; and

(D) A consent of surety(ies), signed, and witnessed by private

individuals in the same manner in which the signatures appear on the

bond itself. If the bond was signed by a surety company, the consent

needs to be signed by a duly authorized officer or attorney-in-fact of the

company whose authority or power of attorney is on file in the Division

of Alcohol and Tobacco Control.

(4) Whenever a license is lost or destroyed, a duplicate license in lieu

of the lost or destroyed license may be issued by the supervisor of

Alcohol and Tobacco Control without cost to the licensee.

(5) Unless licensed by the supervisor of Alcohol and Tobacco Control

as such, no receiver, assignee, trustee, guardian, administrator, or

executor may sell any intoxicating liquor belonging to the estate over

which s/he has control, except to a licensed wholesaler or retailer with

the written consent of the supervisor of Alcohol and Tobacco Control

to sell the intoxicating liquor. The supervisor may give written consent

after receiving the following documents and information:

(A) A copy of the order of the court having jurisdiction over the estate

authorizing the sale; and

(B) A joint affidavit signed by the receiver, assignee, trustee,

guardian, administrator, or executor and the purchaser, setting out an

inventory of the stock, the price for which it is to be sold, the date of the

contract of sale, and the license number of the purchaser.

(6) In the event that a licensee’s license has been lost, stolen, destroyed,

or a transfer to another place of business is desired, an agent or

inspector, with the approval of the supervisor, may issue a special

certificate which will allow the licensee to continue his/her business. In

no event may the special certificate continue in effect for more than ten

(10) days from the date of issuance.

(7) Corporations and other entities licensed under the provisions of

section 311.060, RSMo, shall designate a managing officer who is an

individual in the corporation’s or other entity’s employ, either as an

officer or an employee with the general control and superintendence of

the licensed premises, or an agent capable of representing and binding

the corporation or other entity during all interactions or proceedings

with the supervisor or a designated representative dealing with the

Liquor Control Law.

(A) The managing officer shall be responsible for:

1. Receiving correspondence from the supervisor or a designated

representative dealing with the Liquor Control Law;

2. Responding to verbal communications requests from the

supervisor or a designated representative dealing with the Liquor

Control Law;

3. Providing information requested by the state supervisor or a

designated representative dealing with the Liquor Control Law;

4. Assisting in the preparation of the original application for

licensure and any subsequent renewal applications, signing such

applications, and swearing to the accuracy of all information contained

in such applications.

(B) If the managing officer is not an officer or an employee with the

general control and superintendence of the licensed premises, the

managing officer must have limited power of attorney to represent and

bind the corporation or other entity during all interactions with the

supervisor or a designated representative dealing with the Liquor

Control Law.

application sufficient to prove that the managing officer designated in

the application satisfies the qualifications in section 311.060, RSMo,

and this regulation.

(D) If a vacancy occurs in the office of the managing officer, a

replacement shall be named within fifteen (15) days of the vacancy.

Replacements must qualify under section 311.060, RSMo, and this

regulation. If the supervisor determines that a replacement does not

qualify under section 311.060, RSMo, and this regulation, the

supervisor shall notify the licensee in writing, and the licensee shall

have fifteen (15) days from the date of the written notice to name a

qualified replacement.

(8) Licensees are responsible for ensuring that the contact information

for all persons listed in the application on record with the division is

accurate and current.

AUTHORITY: section 311.660, RSMo Supp. 2021.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Amended: Filed Oct. 10, 2018, effective May 30, 2019. Amended:

Filed Aug. 14, 2020, effective March 30, 2021. Amended: Filed Jan. 25, 2022, effective

Aug. 30, 2022.

*Original authority: 311.660, RSMo 1939, amended 1989, 2021.

Regulation No. 70-2.040

Manufacturers, Wholesalers and Distributors

PURPOSE: This rule defines credit and advertising items allowed to be

provided to retailers by manufacturers, wholesalers, and distributors.

(1) Except as provided in section 311.070, RSMo, no retail licensee,

directly or indirectly, may accept any loans, equipment, money, credit,

or property of any kind, except ordinary commercial credit. Except as

provided in section 311.070, RSMo, no retail licensee may permit any

distiller, wholesaler, wine maker, solicitor, brewer or employees,

officers, or agents, under any circumstances to have any direct or

indirect financial interest in his/her retail business for the sale of

intoxicating liquor, and s/he shall not accept, directly or indirectly, from

a distiller, wholesaler, wine maker, solicitor, brewer or its employees,

officers, or agents any loan, gift, equipment, money, credit, or property

of any kind except ordinary commercial credit for intoxicating liquor

sold to the retailer. A retailer may accept, to properly preserve and serve

draught beer and to properly preserve and serve draught wine, only

equipment and services as allowed in section 311.070, RSMo.

(A) A sale by a licensed wholesaler to a licensed retailer of

intoxicating liquor at a price which is less than the cost of the

intoxicating liquor to the licensed wholesaler making the sale is

presumed (subject to rebuttal as set out in this rule) to constitute a gift

of money or property to the licensed retailer in violation of this

regulation and sections 311.060 and 311.070, RSMo.

(B) The word cost as used in this regulation means the actual invoice

charge for the merchandise by the supplier of the merchandise to the

wholesaler, manufacturer, brewer, or solicitor, plus the cost of

transportation to the wholesaler and all federal and Missouri excise

taxes and custom duties allocable to the merchandise.

fair wholesale market value of the intoxicating liquor in question is less

than the cost of intoxicating liquor to the wholesaler selling the same,

and has been designated as close-out merchandise pursuant to section

311.335.3, RSMo and 11 CSR 70-2.190(2)(D). A licensed wholesaler

may not use close-out pricing as an inducement for retailers to purchase

other intoxicating liquors.

(2) No distiller, wholesaler, wine maker, solicitor, brewer or employees,

officers, or agents of same may, directly or indirectly, pay any fee rental

or other consideration to any retail licensee for the use of any part of the

licensed retail premises for advertising any brand name of distilled

spirits, wine, or malt liquor, or for the purpose of advertising the name,

trademark, or trade name of any marker of the trademark.

(3) Except as provided in section 311.070, RSMo, no distiller, solicitor,

wholesaler, wine maker, brewer or their employees, officers, or agents,

directly or indirectly, may give or offer to give any financial assistance,

gratuity, or make or offer to make any gift of their products to any retail

licensee.

AUTHORITY: section 311.660, RSMo 2016.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Amended: Filed Feb. 24, 1987, effective May 11, 1987. Amended:

Filed May 14, 1987, effective Aug. 13, 1987. Amended: Filed Nov. 21, 1996, effective May

30, 1997. Amended: Filed Feb. 27, 1998, effective Aug. 30, 1998. Amended: Filed Oct. 10,

2018, effective May 30, 2019.

*Original authority: 311.660, RSMo 1939, amended 1989.

Regulation No. 70-2.050

Wholesalers’ Conduct of Business

PURPOSE: This rule establishes guidelines for wholesalers regarding

purchases, deliveries, sales and storage of products.

(1) No wholesaler may buy, obtain, or accept any intoxicating liquors

from any person who is not registered with the division of Alcohol and

Tobacco Control as the primary American source of supply or who is

not a licensed wholesale-solicitor. However, a wholesaler owning

warehouse receipts may obtain the written permission from the

supervisor of Alcohol and Tobacco Control to receive intoxicating

liquor from federal customs bonded warehouses or federal internal

revenue bonded warehouses.

(2) No wholesaler may sell, deliver, or cause any intoxicating liquors to

be sold or delivered to any licensee unless the wholesaler bought,

obtained, or accepted the intoxicating liquor from the person registered

with the division of Alcohol and Tobacco Control as the primary

American source of supply or a licensed wholesale-solicitor.

(3) No wholesale licensee may sell, deliver, or cause any intoxicating

liquors to be sold or delivered to any licensee while the licensee is under

suspension by the supervisor of Alcohol and Tobacco Control.

(4) No wholesale licensee who has had his/her license suspended by

order of the supervisor of Alcohol and Tobacco Control may sell or give

away any intoxicating liquor, nor order or accept delivery of any

intoxicating liquor during the period of time the order of suspension is

in effect.

(5) All wholesale licensees are to keep and maintain a place for storage

of merchandise, which is designated in the license and separate and

apart from any storage place used by others and with a separate entrance

and street address.

(6) No wholesaler licensee may deliver or cause intoxicating liquors to

be delivered to any premises unless there is a license displayed

prominently issued by the supervisor of Alcohol and Tobacco Control

to the person purchasing the liquor, wine, or beer, designating the

purchaser as a person licensed to sell on the premises the kind of liquor,

wine, or beer s/he is about to deliver.

(7) Wholesalers licensed to sell intoxicating liquor are to make and keep

invoices for all sales or deliveries of intoxicating liquor and the

Missouri license number of every person to whom intoxicating liquor

is sold or delivered by the licensees is to be written or stamped upon the

invoices.

(8) Shipments by wholesalers or solicitors may be made only to

licensed dealers of this or other states. A bill of lading is to be secured

from the carrier and kept on file for a period of two (2) years so that

shipments may be traced by the division’s auditors or agents.

AUTHORITY: section 311.660, RSMo Supp. 2021.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Amended: Filed April 23, 1981, effective Aug. 13, 1981. Amended:

Filed Oct. 10, 2018, effective May 30, 2019. Amended: Filed Jan. 25, 2022, effective Aug.

30, 2022.

*Original authority: 311.660, RSMo 1939, amended 1989, 2021.

Regulation No. 70-2.060

Manufacturers

PURPOSE: This rule establishes procedures for labeling, bottling, and

delivery of products.

PUBLISHER’S NOTE: The secretary of state has determined that the

publication of the entire text of the material which is incorporated by

reference as a portion of this rule would be unduly cumbersome or

expensive. This material as incorporated by reference in this rule shall

be maintained by the agency at its headquarters and shall be made

available to the public for inspection and copying at no more than the

actual cost of reproduction. This note applies only to the reference

material. The entire text of the rule is printed here.

(1) For the purpose of this regulation the following definitions apply:

(A) A “facility which brews or manufactures malt liquor” is defined

as a brewery or manufacturing plant premises licensed by either or both

the state within which it is located and/or the U.S. Treasury Department,

Alcohol and Tobacco Tax and Trade Bureau; and

(B) An “owner” of a facility which brews or manufactures malt liquor

is defined as a person or entity, that holds the entire facility in fee

simple, or has a leasehold interest for a term of years in that entire

facility, and is the person or business entity licensed for that entire

facility by either or both the state within which the facility is located

and/or the U.S. Treasury Department, Alcohol and Tobacco Tax and

Trade Bureau.

(2) The Federal Alcohol Administration Act is hereby incorporated by

reference (published by the United States House, dated January 1, 2022

and available at:

https://uscode.house.gov/view.xhtml?path=/prelim@title27/chapter8&

edition=prelim). This does not include any later amendments or

additions. These regulations apply to distilled spirits, wine, and malt

beverages packaged purely for interstate shipment insofar as the

regulations are not contrary to or inconsistent with the laws of Missouri.

In addition to the regulations, the label of every container of spirituous

liquor, wine, or malt liquor, unless already required by the regulations,

shall set forth the name and address of the manufacturer, brewer,

distiller, rectifier, or producer of the spirituous liquor, wine, or malt

liquor as the case may be; provided that if the name of the brewer or

manufacturer of malt liquor which appears on the label is not the owner

of the facility where the malt liquor was brewed or manufactured, then

the name, owner, and address of the facility shall also be set forth on

the label.

(3) All licensees engaged in bottling intoxicating liquor and alcoholic

beverages, before filling any bottle, shall cause the same to be sterilized

by one (1) of the following methods:

(A) All new bottles, unless sterile, are to be sterilized or cleaned by

thoroughly rinsing with clean sterile water or by blowing or vacuuming

with proper machines for sterilization or cleansing; or

(B) All used bottles are to be sterilized by soaking in a hot caustic

solution which contains not less than three percent (3%) caustic or alkali

expressed in terms of sodium hydrate. The period of time in the solution

is to be governed by the temperature and strength of the solution. The

bottles are then to be rinsed thoroughly in clean sterile water until free

from alkali or sodium hydrate.

(4) All manufacturers and wholesalers are to keep their premises and

equipment in a clean and sanitary condition.

(5) Applicants for a manufacturing license shall provide a copy of a

certificate demonstrating successful completion of a health inspection

with their license application. No such applicant may be granted a

manufacturer license without such a certificate, subject to the following

exceptions:

(A) If an applicant does not have a health inspection certificate on the

day they file their license application, they may submit a written

statement with their application stating that they will provide a copy of

their health inspection certificate within ten (10) days of the issuance of

that certificate. Failure to provide a copy of the health certificate within

ten (10) days of issuance may result in disciplinary action; and

(B) If a state or local health authority determines that an applicant

does not need a health inspection, the applicant may submit

documentation from said state or local health authority showing that the

applicant does not need a health inspection in lieu of a health inspection

certificate.

(6) No intoxicating liquor may be brought in or transported within this

state for the purpose of sale to any licensee or sold to any licensee except

in containers the sizes of which have been approved by the U.S.

Treasury Department, Alcohol and Tobacco Tax and Trade Bureau.

(7) No manufacturer who has acquired knowledge or been given notice

that a wholesaler has been suspended may make sales or deliver

merchandise to the wholesaler during the period of time that the licensee

is under suspension.

AUTHORITY: section 311.660, RSMo Supp. 2021.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Emergency amendment filed Nov. 21, 1996, effective Dec. 31,

1996, expired June 28, 1997. Amended: Filed Nov. 21, 1996, effective May 30, 1997.

Amended: Filed Feb. 27, 1998, effective Aug. 30, 1998. Amended: Filed Oct. 10, 2018,

effective May 30, 2019. Amended: Filed Aug. 14, 2020, effective March 30, 2021.

Amended: Filed Jan. 25, 2022, effective Aug. 30, 2022.

*Original authority: 311.660, RSMo 1939, amended 1989, 2021.

Regulation No. 70-2.070

Tax on Spirituous Liquor and Wine

PURPOSE: This rule establishes tax amounts on various container

sizes of wine and spirituous liquor, defines contraband and prohibits

possession of untaxed liquor or wine.

(1) The tax on spirituous liquor is two dollars ($2.00) per gallon and the

tax on wine is forty-two cents ($0.42) per gallon.

(2) Any spirituous liquor or wine shipped, delivered, sold, or offered for

sale in this state without payment of the proper amount of taxes due is

contraband and may be seized and disposed of by the supervisor or

his/her agents.

(3) No person other than a licensed distiller, rectifier, wine

manufacturer, or solicitor may possess in this state any spirituous liquor

or wines without the proper amount of taxes having been paid, except

as provided in section 311.580, RSMo.

AUTHORITY: section 311.660, RSMo Supp. 2021.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Amended: Filed Sept. 30, 1976, effective Feb. 11, 1977. Amended:

Filed Feb. 27, 1998, effective Aug. 30, 1998. Amended: Filed Oct. 10, 2018, effective May

30, 2019. Amended: Filed Jan. 25, 2022, effective Aug. 30, 2022.

*Original authority: 311.660, RSMo 1939, amended 1989, 2021.

Regulation No. 70-2.080

Malt Liquor Tax

PURPOSE: This rule establishes tax amounts on various container

sizes of malt beverages, defines contraband, and prohibits possession

of untaxed cereal malt beverages.

(1) The tax on malt liquor is one dollar eighty-six cents ($1.86) per

barrel or six cents ($0.06) per gallon.

(2) Any malt liquor shipped, delivered, sold, or offered for sale in this

state without payment of the proper amount of taxes due is contraband

and may be seized and disposed of by the supervisor or his/her agents.

(3) No person other than a licensed brewer, malt liquor manufacturer,

or solicitor may possess in this state any malt liquor without the proper

amount of taxes having been paid, except as provided in section

311.580, RSMo.

AUTHORITY: section 311.660, RSMo Supp. 2021.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Amended: Filed Feb. 27, 1998, effective Aug. 30, 1998. Amended:

Filed Oct. 10, 2018, effective May 30, 2019. Amended: Filed Jan. 25, 2022, effective Aug.

30, 2022.

*Original authority: 311.660, RSMo 1939, amended 1989, 2021.

Regulation No. 70-2.090

Reporting Distillers, Solicitors,

Wine Manufacturers, and Wholesalers

PURPOSE: This rule establishes format for reports of shipment and

payment of tax on liquor and wine.

(1) Every distiller, solicitor, and wine manufacturer licensed to sell

spirituous liquor and wine in this state needs to file with the supervisor

of Alcohol and Tobacco Control a report listing all Missouri wholesale

licensees with whom it transacts business and attach to the report a copy

of any contract or agreement between the distiller, solicitor, or wine

manufacturer and wholesale licensee. Any change in the listing is to be

reported in writing within fifteen (15) days of the effective date of the

change. A copy of any change in an existing contract or agreement and

a copy of any new contract or agreement is to be submitted at the time

of execution thereof. If there is no contract or agreement with respect

to any wholesaler, the distiller, solicitor, or wine manufacturer should

so indicate in its report.

(2) On or before the 15th of each month, every distiller, solicitor, wine

manufacturer, and wholesaler authorized to ship spirituous liquor and

wine in this state, whether for sale in this state or to be shipped outside

this state, shall certify in a report under oath to the supervisor of Alcohol

and Tobacco Control setting out all sales of spirituous liquor and wine

in this state for the preceding month.

(3) All reports required by this regulation must be submitted on forms

provided by the supervisor of Alcohol and Tobacco Control.

(4) All reports required by this regulation must be complete in every

material detail. If any information requested in a report is missing,

inaccurate, or otherwise incomplete, the supervisor of Alcohol and

Tobacco Control may, at his/her sole discretion: reject the report;

require the licensee to correct the report; require the licensee to pay any

shortcomings or discrepancies; or any combination thereof. The

licensee must submit a new report, correct the report, and/or pay any

shortcomings or discrepancies within fifteen (15) days of the supervisor

sending written notice to the licensee at the address currently registered

with the division. Failure to do so may result in disciplinary action.

AUTHORITY: section 311.660, RSMo Supp. 2021.* This version of rule filed Feb. 8, 1973,

effective Feb. 18, 1973. Amended: Filed Oct. 10, 2018, effective May 30, 2019. Amended:

Filed Jan. 25, 2022, effective Aug. 30, 2022.

*Original authority: 311.660, RSMo 1939, amended 1989, 2021.

Regulation No. 70-2.100

Report of Brewers and Beer Wholesalers

PURPOSE: This rule establishes format for reports of shipment and

payment of taxes on malt liquor.

(1) On or before the 15th of each month, every brewer and malt liquor

manufacturer, solicitor, and wholesaler authorized to ship malt liquor in

this state, whether for sale in this state or to be shipped outside this state,

shall certify in a report under oath to the supervisor of Alcohol and

Tobacco Control setting out all sales of malt liquor for the preceding

month.

(2) All reports required by this regulation must be submitted on forms

provided by the supervisor of Alcohol and Tobacco Control.

(3) All reports required by this regulation must be complete in every