Missouri Statute | Act | Code |Alcoholic Beverages| US Code - US Statute

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.

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

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 except for nonintoxicating beer as defined in
section 312.010, RSMo. 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. (RSMo 1939 § 4894, A.L. 1990 H.B. 1180)

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)

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.

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. (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.

No person at least twenty-one years of age shall be required to
obtain a license to manufacture nonintoxicating beer, as defined in
section 312.010, RSMo, or intoxicating liquor, as defined in section
311.020, for personal or family use. The aggregate amount of
nonintoxicating beer or 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. (L. 1995 S.B. 468)

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 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
business as such dealer, any person whose license has been revoked 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 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 or chapter 312, RSMo, 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 so long as any such
employee does not directly participate in retail sales of intoxicating
liquor. Each employer shall report the identity of any employee convicted
of a felony to the division of liquor control. 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. (RSMo 1939 § 4906, A.L. 1947 V. I p.
370, A.L. 1987 H.B. 520 merged with H.B. 62 & 70)

(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.

(2003) Provision prohibiting person convicted of felony from engaging in
direct retail sale of intoxicating liquors must be interpreted
consistently with section 561.016 requirement of finding a reasonable
relationship between such conviction and the employee's disqualification.
Levinson v. State, 104 S.W.3d 409 (Mo.banc).

Notwithstanding the definition of "financial interest" contained
in section 311.060, service as a member of the board of directors of a
corporation, 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. (L. 1985 H.B. 166,
A.L. 1994 S.B. 474)

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 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 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 midnight, Monday
through Saturday and between the hours of 11:00 a.m. and 9:00 p.m.,
Sunday. 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 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 material), dispensing accessories, carbon dioxide (and other gasses
used in dispensing equipment) or ice. "Dispensing accessories" include
standards, faucets, cold plates, rods, vents, taps, tap standards, hoses,
washers, couplings, gas gauges, vent tongues, shanks, and check valves;

(3) "Point-of-sale advertising materials", advertising items designed to
be used within a retail business establishment to attract consumer
attention to the products of a distiller, wholesaler, winemaker or
brewer. Such materials include, but are not limited to: posters,
placards, designs, inside signs (electric, mechanical or otherwise),
window decorations, trays, coasters, mats, menu cards, meal checks, paper
napkins, foam scrapers, back bar mats, thermometers, clocks, calendars
and alcoholic beverage lists or menus;

(4) "Product display", wine racks, bins, barrels, casks, shelving or
similar items the primary function of which is to hold and display
consumer products;

(5) "Promotion", an advertising and publicity campaign to further the
acceptance and sale of the merchandise or products of a distiller,
wholesaler, winemaker or brewer.

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 or chapter 312, RSMo:

(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 substantial
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

(c) The giving or selling of product displays may be conditioned on 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 give or sell any 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 point-of-sale advertising materials and
consumer advertising specialties given or sold to a retail business shall
not exceed five hundred dollars per year, per brand, per retail outlet.
The value of point-of-sale advertising materials and consumer advertising
specialties is the actual cost to the distiller, wholesaler, winemaker or
brewer who initially purchased such item. Transportation and installation
costs shall be excluded;

(b) All point-of-sale advertising materials and consumer advertising
specialties 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 point-of-sale advertising materials or the consumer
advertising specialties; and

(c) The distiller, wholesaler, winemaker or brewer shall not directly or
indirectly pay or credit the retail business for using or distributing
the point-of-sale advertising materials or consumer advertising
specialties or for any incidental expenses arising from their use or
distribution;

(3) A malt beverage wholesaler or brewer may give a gift not to exceed a
value of one thousand dollars per year, or sell something of value to a
holder of a temporary permit as defined in section 311.482;

(4) The distiller, wholesaler, winemaker or brewer may sell equipment or
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 collected
in accordance with credit regulations as established in the code of state
regulations;

(5) The distiller, wholesaler, winemaker or brewer may install dispensing
accessories at the retail business establishment, which shall include for
the purposes of intoxicating and nonintoxicating 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 install or repair any of the following items or
render to retail licensees any of the following services: beer coils and
coil cleaning, sleeves and wrappings, box couplings and draft arms, beer
faucets and tap markers, beer and air hose, taps, vents and washers,
gauges and regulators, beer and air distributors, beer line insulation,
coil flush hose, couplings and bucket pumps; portable coil boxes, air
pumps, blankets or other coverings for temporary wrappings of barrels,
coil box overflow pipes, tilting platforms, bumper boards, skids, cellar
ladders and ramps, angle irons, ice box grates, floor runways; and damage
caused by any beer delivery excluding normal wear and tear and a complete
record of equipment 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 coil cleaning service to a retailer 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;

(c) For the purposes of this subsection, no samples of intoxicating
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 a
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 nonalcoholic
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 wholesalers are
not required to charge for nonalcoholic items any more than the actual
cost of purchasing such nonalcoholic items from the supplier;

(9) The 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;

(c) The listing of the retail businesses shall be relatively
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) Notwithstanding any other provision of law to the contrary,
distillers, winemakers, wholesalers, brewers or retailers may conduct a
local or national sweepstakes/contest upon a licensed retail premise.
However, no money or something of value may be given to the retailer for
the privilege or opportunity of conducting the sweepstakes or contest;

(12) The distiller, wholesaler, winemaker or brewer may stock, rotate,
rearrange or reset the products sold by such distiller, wholesaler,
winemaker 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 its products at 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;

(c) Provide its own hospitality which is independent from the 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 at a convention or trade show if the total
payments made for all such advertisements do not exceed three hundred
dollars per year for any retail business association;

(15) The distiller, wholesaler, winemaker or brewer may sell its other
merchandise which does not consist of intoxicating beverages to a retail
business if the following requirements are met:

(a) The distiller, wholesaler, winemaker or brewer shall also be in
business as a bona fide producer or vendor of such merchandise;

(b) The merchandise shall be sold at its fair market value;

(c) The merchandise is not sold in combination with distilled spirits,
wines or malt beverages except as provided in this section;

(d) The acquisition or production costs of the merchandise shall appear
on the purchase invoices or records of the distiller, wholesaler,
winemaker or brewer; and

(e) The individual selling prices of merchandise and intoxicating
beverages sold to a retail business in a single transaction shall be
determined by commercial documents covering the sales transaction;

(16) The distiller, wholesaler, winemaker or brewer may sell or give an
outside sign to a retail business if the following requirements are met:

(a) The sign 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 sign; and

(c) The cost of the sign shall not exceed four hundred dollars;

(17) 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 or nonintoxicating beer that was delivered in a
damaged condition or damaged while in the possession of the retailer;

(18) 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 or nonintoxicating
beer in its undamaged original carton from the retailer's stock, if the
wholesaler replaces the product with an equal quantity of identical
product;

(19) In addition to withdrawals authorized pursuant to subdivision (18)
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
nonintoxicating beer 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

(c) To assure and control product quality, a wholesaler may, but not be
required to, give a retailer credit for intoxicating liquor with an
alcohol content of less than five percent by weight or nonintoxicating
beer, 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; and

(20) Nothing in this section authorizes consignment sales.

5. All contracts entered into between distillers, brewers and winemakers,
or their officers or directors, in any way concerning any of their
products, obligating such retail dealers to buy or sell only the products
of any such distillers, brewers or winemakers or obligating such retail
dealers to buy or sell the major part of such products required by such
retail vendors from any such distiller, brewer or winemaker shall be void
and unenforceable in any court in this state.

6. Notwithstanding any other provisions of this chapter to the contrary,
a distiller or wholesaler may install dispensing accessories at the
retail business establishment, which shall include for the purposes of
distilled spirits, equipment to properly preserve and serve premixed
distilled spirit beverages only. To facilitate delivery to the retailer,
the distiller or wholesaler may lend, give, rent or sell and the
distiller or wholesaler may install or repair any of the following items
or render to retail licensees any of the following services: coils and
coil cleaning, draft arms, faucets and tap markers, taps, tap standards,
tapping heads, hoses, valves and other minor tapping equipment
components, and damage caused by any delivery excluding normal wear and
tear. A complete record of equipment furnished and installed and repairs
or service made or rendered shall be kept by the distiller or wholesaler
furnishing, making or rendering the same for a period of not less than
one year.

7. Notwithstanding any other provision of this chapter or chapter 312,
RSMo, to the contrary, distillers, winemakers, brewers or their employees
or officers shall be permitted to make contributions of money or
merchandise to a licensed retail liquor dealer that is a charitable 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.

8. Notwithstanding any other provision of this chapter or chapter 312,
RSMo, to the contrary, a brewer or manufacturer, its employees, officers
or agents may have a financial interest in the retail business for sale
of intoxicating liquors and nonintoxicating beer 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.

9. Notwithstanding any other provision of this chapter or chapter 312,
RSMo, to the contrary, 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 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 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 9:00 a.m. and midnight on Sunday.

10. Notwithstanding any other provision of this chapter or chapter 312,
RSMo, to the contrary, for the purpose of the promotion of tourism, a
person may apply for and the supervisor of liquor 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
11:00 a.m. and 9:00 p.m. on Sundays. (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)

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

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 purposes 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 appointed
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 pursuant
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 subdivision
of the state of Missouri which regulate the selling, labeling, or
registering of kegs. This section shall not impose any new or additional
civil or criminal liability upon the retail licensee. (L. 2003 S.B. 298 §
1, A.L. 2005 S.B. 262)

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. (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)

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

(c) Is designated as a redevelopment area by the governing body of the
city under and pursuant to the Missouri downtown and rural economic
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, nightclubs,
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
entertainment 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 9:00 a.m. until 12:00 midnight on Sundays.

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 association,
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
establishments, 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 from 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. (L. 2005 H.B. 58 § 311.087 merged with S.B. 262)

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 9:00 a.m. and midnight on Sunday. The business
establishment's annual gross receipts for the year immediately preceding
the application for the Sunday by-the-drink license shall not have been
less than one hundred fifty thousand dollars of which at least sixty
thousand dollars of such gross receipts is in nonalcoholic sales. Any new
licensee possessing a license to sell intoxicating liquor by the drink at
retail may apply for a temporary Sunday by-the-drink license and shall
show a projection of annual gross receipts of not less than one hundred
fifty thousand dollars of which at least sixty thousand dollars of such
gross receipts is in nonalcoholic sales. 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. (L. 2003 S.B. 298 § 2)

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 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 described in the
application; provided, that no license shall be issued for the sale of
intoxicating liquor, other than malt liquor containing alcohol not in
excess of five percent by weight, 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 containing alcohol not in excess of five percent
by weight, 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. Notwithstanding any other provisions of this chapter to the contrary,
any 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, may apply for, and the
supervisor of liquor control may issue, a license to sell intoxicating
liquor, as defined in this chapter, between the hours of 11:00 a.m. on
Sunday and midnight on Sunday by the drink at retail for consumption on
the premises described in the application. The authority for the
collection of fees by cities and 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 organizations licensed under this subsection in the same manner
as they apply to establishments licensed under subsection 1 of this
section and sections 311.085 and 311.095. In addition to all other fees
required by law, an organization licensed under this section 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.

3. 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. (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)

1. 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 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 one hundred 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. (L. 1981 S.B. 126 § 5)

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
population 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. (L. 1974
S.B. 394)

Notwithstanding any other law to the contrary, any dance
ballroom that is at least fifty years old, located in a business district
of a city not within a county, with a seating capacity of at least six
hundred persons, and with a dance floor of at least four thousand eight
hundred square feet may apply to the supervisor of liquor control for a
special license to sell intoxicating liquor by the drink at retail on the
premises between the hours of 11:00 a.m. and midnight on Sundays. In
addition to all other fees required by law, an applicant granted a
special license under this section shall pay an additional fee of two
hundred dollars a year payable at the time and in the same manner as its
other license fees. (L. 1986 S.B. 444 § 2, A.L. 1994 S.B. 474)

1. 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
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
premises 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.
(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)

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 liquor
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 liquor
control may issue, a license to sell intoxicating liquor, as defined in
this chapter, between the hours of 11:00 a.m. on Sunday and 12:00
midnight on Sunday 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 liquor control for a special permit to remain open on all
days of the week except Sunday between the hours of 1:30 a.m. to 3:00
a.m. The provisions of subsection 3 of this section shall apply to the
sale of 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 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 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. (L. 1986 S.B. 444, A.L. 1994 S.B. 474)

1. 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
control may issue, a license to sell intoxicating liquor, as in this
chapter defined, between the hours of 9:00 a.m. on Sunday and midnight on
Sunday by the drink at retail for consumption on the premises of any
restaurant bar as described in the application or on the premises of any
establishment having at least forty rooms for the overnight
accommodations of transient guests. 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 or which has an annual gross income of at least two hundred
thousand dollars from the sale of prepared meals or food consumed on such
premises.

2. The authority for the collection of fees by cities and 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 a restaurant bar or on the premises
of any establishment having at least forty rooms for the overnight
accommodations of transient guests in the same manner as they apply to
establishments licensed under sections 311.085, 311.090 and 311.095, and
in addition to all other fees required by law, a restaurant bar or on the
premises of any establishment having at least forty rooms for the
overnight accommodations of transient guests 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.

3. Any new restaurant bar 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 premises between the hours of 9:00
a.m. and midnight on Sunday for a period not to exceed ninety days if the
restaurant bar can show a projection of annual business from prepared
meals or food consumed on the premises of at least fifty percent of the
total gross income of the restaurant bar for the year or can show a
projection of annual business from prepared meals or food consumed on the
premises which would exceed not less than two hundred thousand dollars.
The license fee shall be prorated for the period of the temporary license
based on the cost of the annual license for the establishment.

4. In counties of the first class having a charter form of government and
which contain all or a part of a city having a population of at least
three hundred fifty thousand, any restaurant bar licensed under the
provisions of this section which is located on the grounds of a sports
stadium primarily used for professional sporting events may sell
intoxicating liquor by the drink at retail for consumption within the
premises of the restaurant bar on Sunday between the hours of 8:00 a.m.
and 12:00 midnight notwithstanding the hours of limitation set forth in
subsection 1 of this section.

5. 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. (L. 1971 S.B. 148, A.L. 1980 H.B. 1538,
A.L. 1981 S.B. 126, A.L. 1983 H.B. 85, et al., A.L. 1986 S.B. 500, A.L.
1993 H.B. 63, A.L. 1995 S.B. 43, A.L. 2003 S.B. 298)

(1975) City may more strictly regulate liquor sales than the state
statute does; however, the city cannot totally prohibit sales that are
authorized by statute. Crackerneck Country Club Inc. v. City of
Independence (A.), 522 S.W.2d 50.

1. 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 9:00 a.m. and
midnight on Sunday by the drink at retail for consumption on the premises
of any amusement place as described in the application. As used in this
section the term "amusement place" means any establishment whose business
building contains a square footage of at least six thousand square feet,
and where games of skill commonly known as billiards, volleyball, indoor
golf, bowling or soccer are usually played, or has a dance floor of at
least two thousand five hundred square feet, or any outdoor golf course
with a minimum of nine holes, and which has annual gross receipts of at
least one hundred thousand dollars of which at least fifty thousand
dollars of such gross receipts is in nonalcoholic sales.

2. The authority for the collection of fees by cities and 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 an amusement place in the same manner
as they apply to establishments licensed under sections 311.085, 311.090
and 311.095, and in addition to all other fees required by law, an
amusement place shall pay an additional fee of two hundred dollars a year
payable at the same time and in the same manner as its other fees.

3. Any new amusement place 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 premises between the hours of 9:00
a.m. and midnight on Sunday for a period not to exceed ninety days if the
amusement place can show a projection of gross receipts of at least one
hundred thousand dollars of which at least fifty thousand dollars of such
gross receipts are in nonalcoholic sales for the first year of operation.
The license fee shall be prorated for the period of the temporary license
based on the cost of the annual license for the establishment. (L. 1983
H.B. 85, et al., A.L. 1984 S.B. 441, A.L. 1993 H.B. 63, A.L. 1994 S.B.
474, A.L. 1995 S.B. 43, A.L. 1997 H.B. 63, A.L. 2003 S.B. 298)

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 intoxicating
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 controlled
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
provision 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. (L. 1984 S.B. 441, A.L. 1993 H.B. 63)

Effective 6-7-93

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. (RSMo 1939 § 4915, A.L. 1980 S.B.
511, A.L. 1984 S.B. 441)

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 following 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, transparent 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 transports
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, tamperproof,
transparent bags with the seals intact.

5. As used in this section "winery" means any establishment at which wine
is made. (L. 2005 S.B. 262)

1. 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 by
the drink at retail for consumption on the premises of any place of
entertainment, as defined in this section, between the hours of 9:00 a.m.
on Sunday and midnight on Sunday. As used in this section, the term
"place of entertainment" means any establishment located in a city not
within a county or in a county of the first classification having a
charter form of government with a population of at least nine hundred
thousand or more inhabitants or in a county of the first classification
having a charter form of government containing any portion of a city with
a population of three hundred eighty thousand or more or in any city with
a population of three hundred eighty thousand or more which is located in
more than one county which has gross annual sales in excess of two
hundred fifty thousand dollars and the establishment has been in
operation for at least one year.

2. The authority for the collection of fees by cities and 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 a place of entertainment in the same
manner as they apply to establishments licensed pursuant to sections
311.085, 311.090, and 311.095, and in addition to all other fees required
by law, a place of entertainment 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. (L. 1984 S.B. 441 § 3, A.L. 1986 S.B. 444, A.L.
1993 H.B. 63, A.L. 1994 S.B. 474, A.L. 1996 S.B. 933, A.L. 2003 S.B. 298)

1. 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 by
the drink at retail for consumption on the premises of any place of
entertainment, as defined in this section, between the hours of 9:00 a.m.
on Sunday and midnight on Sunday. As used in this section, the term
"place of entertainment" means any establishment located in a county with
a charter form of government and with more than two hundred fifty
thousand but fewer than three hundred fifty thousand inhabitants which
has gross annual sales in excess of one hundred fifty thousand dollars
and the establishment has been in operation for at least one year.

2. The authority for the collection of fees by cities and 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 a place of entertainment in the same
manner as they apply to establishments licensed pursuant to sections
311.085, 311.090, and 311.095, and in addition to all other fees required
by law, a place of entertainment 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. (L. 2005 S.B. 262)

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. (RSMo
1939 § 4935, A.L. 1978 H.B. 971)

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? (RSMo 1939 § 4937, A.L. 1965 p. 502, A.L. 1978
H.B. 971)

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. (RSMo 1939 § 4938, A.L. 1978 H.B. 971)

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. (RSMo 1939 § 4939, A.L.
1978 H.B. 971)

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. (RSMo 1939 § 4940, A.L. 1978
H.B. 971)

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 license issued in
accordance with the provisions of this chapter. (RSMo 1939 § 4941)

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 liquor
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 11:00 a.m. The provisions of this section and not those of
section 311.097 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. (L. 1981 S.B. 126 § 4, A.L. 1986 S.B. 500, A.L. 1995 S.B. 43)

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 liquor 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 8:00 a.m. The provisions of this section and not those of section
311.097 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. (L. 1981 S.B. 126 § 3, A.L. 1986 S.B.
500, A.L. 1996 S.B. 933)

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 liquor 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 11:00
a.m. The provisions of this section and not those of section 311.097
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 liquor 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 11:00 a.m. The provisions of this section and not those of section
311.097 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 liquor control and shall provide
a practical method for the division of liquor 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.

6. The enactment of subsections 2, 3, and 4 of this section shall
terminate January 1, 2007. (L. 1981 S.B. 126 § 2, A.L. 1986 S.B. 500,
A.L. 2002 S.B. 834)

*Subsections 2, 3, and 4 expire 1-1-07

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 liquor 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
percent 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
intoxicating 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.

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. (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)

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 or the privilege of
selling nonintoxicating beer as defined in chapter 312, RSMo, by a
wholesaler to a person duly licensed to sell such malt liquor or
nonintoxicating beer 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 or nonintoxicating beer, 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 or nonintoxicating beer 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 or nonintoxicating beer 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 and section 312.510, RSMo, shall not
apply to this section. (L. 1985 H.B. 369)

1. No brewer or manufacturer of malt liquor or nonintoxicating
beer, 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 or nonintoxicating beer in such designated
area. Provided, however, that section 311.181 and this section shall not
prevent a brewer, manufacturer or wholesaler of malt liquor or
nonintoxicating beer 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 and section 312.510, RSMo, shall not
apply to this section. (L. 1985 H.B. 369)

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 11:00 a.m. and 10:00
p.m. (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)

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 municipality
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. (L. 1996 S.B. 933, A.L. 2005
S.B. 262)

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 municipality
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 ordinance
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 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, 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 premises
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 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.

9. A municipal employee designated by the municipality to sell vintage
wine through a sealed bid process who affixes a label to any bottle 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. (L. 2005 S.B. 262)

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 or chapter 312,
RSMo, 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 intoxicating liquor by the drink at retail for
consumption on the premises. 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. 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, 311.095, or 311.097.

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. (L. 1990 H.B.
1180, A.L. 1993 H.B. 63, A.L. 2003 S.B. 298 merged with S.B. 540)

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 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 containing alcohol in
excess of three and two-tenths percent by weight and not in excess of
five percent by weight 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 three or more standard bottles of
beer. This license shall also permit the holders thereof to sell
nonintoxicating beer in the original package direct to consumers, but not
for resale. 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 9:00 a.m. and midnight on Sunday.

3. For every license issued for the sale of malt liquor 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, which
license shall also permit the holder thereof to sell nonintoxicating beer
as defined in chapter 312, RSMo. 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 9:00 a.m. and midnight on
Sunday.

4. For every license issued for the sale of malt liquor 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, which license shall also permit the holder thereof to sell
nonintoxicating beer as defined in chapter 312, RSMo.

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; except that such license shall not permit sales at
retail to be made while such cars are stopped at any station. 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. (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)

(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.

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. (RSMo 1939 § 4888, A.L. 1945 p. 1043)

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 chapters 311 and 312, RSMo, or rules and
regulations made pursuant thereto. The division of liquor control shall
not deny, suspend or revoke any license issued under those chapters
because of the sale of such tickets on the licensed premises. (L. 1989
S.B. 419 § 1)

Effective 3-16-89

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 or chapter 312, RSMo, based on a violation of any provision of
this chapter or chapter 312, RSMo, 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. (L.
1987 S.B. 150 § 2)

1. Other provisions of this chapter to the contrary
notwithstanding, a permit for the sale of wine and malt liquor containing
alcohol in excess of three and two-tenths percent by weight, 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 10:00 a.m. and midnight 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. (L. 1983 H.B. 460)

Effective 6-22-83

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. (RSMo 1939 § 4904)

(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.

Application for license to manufacture or sell intoxicating
liquor, under the provisions of this law, shall be made to the supervisor
of liquor control. (RSMo 1939 § 4896, A.L. 1967 p. 424)

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. (RSMo 1939 § 4897)

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. (RSMo 1939 § 4893,
A.L. 1947 V. I p. 372)

1. No person, corporation, employee, officer, agent, subsidiary,
or affiliate thereof, shall:

(1) Have more than three 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 three 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 three 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. (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)

When a retailer licensed under chapter 311 or chapter 312, RSMo,
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. (L. 1985 H.B. 166, A.L. 1995
S.B. 43)

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
competent 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. (RSMo 1939 § 4914, A.
1949 S.B. 1114)

1. Notwithstanding the provisions of section 311.270, or any
other provision of law to the contrary, any person, firm, or corporation
holding a license to sell malt liquor only may apply for a special
license to sell malt liquor or beer containing not in excess of five
percent alcohol by weight on Sunday in sports stadiums primarily used for
professional sporting events, in cities not within a county.

2. The license shall be issued by the supervisor of liquor control upon
the payment of an additional license fee of three hundred dollars per
year.

3. The special license shall allow such person, firm, or corporation to
sell malt liquor or beer containing not in excess of five percent alcohol
by weight, for on-premises consumption only, for a period starting at
11:00 a.m. on Sundays, and ending at 1:30 a.m. on the following Monday.

4. Nothing in this section shall be construed to permit the special
licensee to sell such malt liquor or beer for off-premises consumption.
(L. 1981 S.B. 74 § 1)

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 liquor control as the primary American
source of supply for the brand of intoxicating liquor sold or sought to
be sold. The supervisor of liquor 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 liquor 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. (L. 1979 H.B. 701)

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 or nonintoxicating beer 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 or nonintoxicating beer 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.
(RSMo 1939 § 4913, A.L. 2003 S.B. 298)

No person having a license issued pursuant to this chapter or
chapter 312, RSMo, 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 or hotels, this section shall apply only to the
room or rooms in which intoxicating liquor is dispensed; and where such
licenses are held by restaurants whose business is conducted in one room
only and substantial quantities of food and merchandise other than
intoxicating liquors are dispensed, 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. (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)

(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.

1. Notwithstanding the provisions of any law 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 pursuant to section 311.200, may apply to the
supervisor of alcohol and tobacco control for a special license to sell
intoxicating liquor in the original package at retail between the hours
of 9:00 a.m. and midnight on Sundays. 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 in the original package at retail between the
hours of 9:00 a.m. and midnight on Sundays 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. (L. 1993 H.B.
63, A.L. 1994 S.B. 474, A.L. 2003 S.B. 298)

(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.).

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. (L. 1994 S.B. 474 § 311.295, A.L. 1995 S.B. 43)

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. (L. 1967 p. 425 § 1, A.L. 1969 H.B. 665, A.L.
1993 H.B. 63, A.L. 1994 S.B. 474)

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. (L. 2001 S.B. 130)

1. Except as provided in subsections 2, 3 and 4 of this section,
no person under the age of twenty-one years shall sell or assist in the
sale or dispensing of intoxicating liquor or nonintoxicating beer.

2. In any place of business licensed in accordance with section 311.200,
or section 312.040, RSMo, persons at least eighteen years of age may
stock, arrange displays, operate the cash register or scanner connected
to a cash register and accept payment for, and sack for carryout,
intoxicating liquor or nonintoxicating beer. Delivery of intoxicating
liquor or nonintoxicating beer 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 or
nonintoxicating beer but which does not sell intoxicating liquor or
nonintoxicating beer at retail, persons at least eighteen years of age
may be employed and their duties may include the handling of intoxicating
liquor or nonintoxicating beer for all purposes except consumption, sale
at retail, or dispensing for consumption or sale at retail. Any
wholesaler licensed pursuant to this chapter or chapter 312, RSMo, may
employ persons of at least eighteen years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor or nonintoxicating beer.

4. 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 or nonintoxicating beer 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 or nonintoxicating beer.
(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)

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 intoxication,
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 knowingly
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
reasonable 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. (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.

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. (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

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
intoxicated as defined in section 577.001, RSMo, 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.
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.
(L. 1959 H.B. 248 § 1, A.L. 1994 S.B. 693, A.L. 2003 S.B. 298, A.L. 2005
S.B. 402)

CROSS REFERENCE: Nonintoxicating beer container need not be open or
tested to prove nonintoxicating beer, burden of proof on offender, RSMo
312.407

After a period of not less than one year, or upon reaching the
age of twenty-one, whichever occurs first, 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. 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, RSMo, 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. (L. 2005 S.B. 402)

1. A valid and unexpired operator's or chauffeur's license
issued under the provisions of section 302.177, RSMo, 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 as provided for
under section 302.181, RSMo, 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. (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)

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. (L. 1993
S.B. 180 § 10)

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. (RSMo 1939 § 4899, A.L. 1980 H.B. 1234, A.L. 1996
S.B. 933)

1. Except as provided in subsections 2 and 3 of this section, 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. Except as provided in subsection 3 of this section, 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 may offer a price reduction of not
more than four percent of the wholesaler's price schedule for any brand,
age, proof, and size bottle or package. Such price reduction shall apply
for a thirty-day period, shall not be offered by any wholesaler more than
three times in any calendar year, and shall not be offered during
successive months.

3. 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 may offer a
price reduction of more than four percent of the scheduled price on
close-out merchandise. "Close-out merchandise" is any item which has been
in the wholesaler's inventory for more than six months. The price of
close-out merchandise may be decreased, but shall not be increased,
monthly for up to and including twelve consecutive months. A wholesaler
shall not purchase any item of intoxicating liquor or wine of the same
year and vintage the wholesaler has classified as close-out merchandise
during the period of such classification. A wholesaler shall not
purchase, sell, or offer to sell any item of intoxicating liquor or wine
of the same year and vintage the wholesaler has classified as close-out
merchandise until twenty-four months have elapsed since the wholesaler's
last offer to sell the item as close-out merchandise.

4. Manufacturers or wholesalers shall be permitted to donate or deliver
or cause to be delivered beer, wine, brandy, or nonintoxicating beer 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, RSMo, or educational institution, at any location or licensed
premises, provided, such beer, wine, brandy, or nonintoxicating beer 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, brandy, or nonintoxicating beer 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, RSMo. Any
manufacturer or wholesaler providing nonresale items shall keep a record
of any deliveries made pursuant to this subsection.

5. 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, RSMo, 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. (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)

(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.

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, RSMo. (L. 1987 S.B. 150 § 1)

No intoxicating liquor and wine of any kind shall be sold by a
wholesaler to a retailer duly licensed to sell intoxicating liquor and
wine at retail, or purchased by a wholesaler for a retailer or by a
retailer through a wholesaler, unless a schedule as provided by this
section shall be filed by the wholesaler with the supervisor of liquor
control and is then in effect. The schedule shall be in writing, duly
verified and filed in the number of copies and in such form as required
by the supervisor, and shall contain with respect to each item thereon
the exact brand or trade name, capacity of package, nature of contents,
age and proof, the per bottle and per case price to retailers, the number
of bottles contained in each case, and the size thereof, which prices
shall be individual for each item, and not in "combination" with any
other item or items, the discounts for quantity, if any, and the
discounts for time of payment, if any. (L. 1955 p. 40 § 311.332)

1. Any wholesaler licensed to sell intoxicating liquor and wine
containing alcohol in excess of five percent by weight pursuant to
chapter 311 shall ship and deliver intoxicating liquor and wine to a
retailer in the amount for which the scheduled price set forth on the
invoice is in effect.

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 on and after the date on which amended price
schedules are filed with the supervisor of liquor control, 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 three business days of a month, the wholesaler may, with the
consent of the retailer placing such order or upon the request of the
retailer placing such order, deliver such order to the retailer within
the first three 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
three business days of a month and delivered within the first three
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
liquor control relating to invoicing, discounts and ordinary commercial
credit terms.

3. Any wholesaler licensed to sell intoxicating liquor or wine containing
alcohol in excess of five percent by weight violating any provision of
this section shall be subject to, and punished pursuant to, the penalties
and provisions of section 311.680. (L. 1998 H.B. 1705 § 1)

Each such schedule shall be filed on or before the tenth day of
each month, and the prices and discounts therein set forth shall become
effective on the first day of the calendar month following the filing
thereof, and shall be in effect for and during such calendar month.
Within ten days after the filing of such schedule the supervisor shall
make all of such schedules or a composite thereof available for
inspection by all wholesale licensees. Within three days, excluding
Sundays, after such inspection is provided for, a wholesaler may amend
his filed schedule for sales to a retailer, or purchase for a retailer or
by a retailer through a wholesaler in order to meet lower competing
prices and discounts for liquor or wine of the same brand and trade name
and of like age and quality, filed pursuant to this section or section
311.334 by any licensee selling such brand; provided, however, such
amended prices may not be lower and discounts not greater than those to
be met. Any amended schedule so filed shall become effective on the first
day of the calendar month following the filing thereof, and shall be in
effect for and during such calendar month. No brand of liquor or wine
shall be sold or purchased for a retailer by a wholesaler or by a
retailer through a wholesaler except at the price or prices then in
effect according to the wholesaler's filed schedule, and no discount
shall be granted except as set forth in the schedule then in effect. All
schedules filed shall be subject to public inspection from the time that
they are required to be made available for inspection by licensees and
shall not be in any manner considered confidential. Each wholesaler shall
retain in his licensed premises for inspection by licensees a copy of his
filed schedules then in effect. The supervisor of liquor control may make
such rules and regulations as shall be appropriate to carry out the
purpose of this section and sections 311.332 and 311.334. (L. 1955 p. 40
§ 311.333)

(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.

Any person violating any provisions of sections 311.332 to
311.336 shall be deemed guilty of a misdemeanor, and it shall be the duty
of the supervisor of liquor control to suspend or revoke the license of
any wholesaler violating any of the provisions of sections 311.332 to
311.336. (L. 1955 p. 40 § 311.334, A.L. 1985 H.B. 166)

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.
(RSMo 1939 § 4882)

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 information 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. (L. 1986 S.B. 444 § 1, A.L. 1995
S.B. 43)

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. (RSMo 1939 § 4911, A.L. 1996 S.B. 933, A.L. 2003
S.B. 298)

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. (RSMo 1939
§ 4947)

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. (L. 1993 S.B. 76)

Effective 5-5-93

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. (RSMo 1939 § 4912)

1. Every railroad, express or transportation company, or other
common carrier or contract hauler, shall, when requested, furnish to the
supervisor of liquor control a duplicate bill of lading or receipt,
showing 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 attorney 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. (RSMo 1939 § 4931, A.L. 1945 p. 1043)

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. (RSMo 1939 § 4919)

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. (L.
1983 S.B. 6, A.L. 2003 S.B. 298)

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 government 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 customs 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 containers
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 outside
of a United States customs bonded warehouse. (RSMo 1939 § 4932, A.L. 1949
p. 320)

1. No person, except carriers regulated by the motor carrier and
railroad safety division of the department of economic development under
chapters 387, 389 and 390, RSMo, shall transport into, within, or through
the state of Missouri any intoxicating liquors in quantities larger than
five gallons unless such person holds a valid license or permit from the
supervisor of liquor control of the state of Missouri to do so. For such
license, there shall be paid to the director of revenue the sum of ten
dollars per annum. Application for such license shall be made to the
supervisor of liquor control of the state of Missouri and each applicant
shall submit with his application a bond in the penal sum of one thousand
dollars with sufficient surety to be approved by the supervisor of liquor
control, conditioned that he will not violate any provisions of the
liquor control laws of this state or any regulation promulgated under
such liquor control laws, and any violation of such condition shall work
a forfeiture of such bond to the state of Missouri. The license year
shall end on June thirtieth, and the applicant shall pay as many twelfths
as there are months, with each part of a month being counted as a month,
remaining from the date of the license to the next succeeding July first.
The supervisor of liquor control may issue single transaction licenses,
for which there shall be paid to the director of revenue the sum of five
dollars, and, if the value of the liquor to be transported exceeds one
hundred dollars, the permit shall not be issued until the bond provided
for above in this section is given to the state. No such transporter's
license shall be required of any person licensed by the supervisor of
liquor control whose licensed premises are located in the state of
Missouri, nor shall it be necessary to procure a license to transport
liquor purchased from a retail liquor dealer duly licensed by the
supervisor of liquor control of the state of Missouri. No license or
permit shall be required to transport industrial alcohol.

2. The qualifications prescribed for the issuance of other licenses by
the provisions of the liquor control law shall not apply to licenses
issued under this section, but no license shall be issued to any person
who is not of good moral character or who has been convicted since the
ratification of the twenty-first amendment to the Constitution of the
United States of the violation of any law applicable to the manufacture
or sale of intoxicating liquor, nor to any person who has had a license
from the supervisor of liquor control revoked. If applicant is a
corporation, the managing officer thereof must possess the qualifications
prescribed in this section. (L. 1949 p. 320 § 4932, A.L. 1985 H.B. 157)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 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.

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. (L. 1949 p. 320 § 4932)

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. (L. 1949 p. 320 § 4932)

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. (L. 1949 p. 320 § 4932, A.L. 1987
S.B. 150)

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)

(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.

1. Notwithstanding any other provision of law, an adult resident
or holder of an alcoholic beverage license in this state or a state which
affords Missouri licensees or adult residents an equal reciprocal
shipping privilege may ship, for personal use and not for resale, not
more than two cases of wine, each case containing not more than nine
liters, per year to any adult resident of this state. Delivery of a
shipment pursuant to this section shall not be deemed to constitute a
sale in this state.

2. The shipping container of any wine sent into or out of this state
under this section shall be clearly labeled to indicate that the package
cannot be delivered to a person under the age of twenty-one years or to
an intoxicated person.

3. No broker within this state may solicit consumers to engage in
interstate reciprocal wine shipments under this section. No shipper
located outside this state may advertise such interstate reciprocal wine
shipments in this state. (L. 1990 H.B. 1180 § 1)

Any druggist may have in his possession intoxicating liquor
purchased by him from a licensed vendor under a license pursuant to this
law, or intoxicating liquor lawfully acquired at the place of acquisition
and legally transported into this state, and lawfully inspected, gauged
and labeled as provided for in this law; such intoxicating liquor to be
used in connection with the business of a druggist, in compounding
medicines or as a solvent or preservant; provided, that nothing in this
law shall prevent a regularly licensed druggist, after he procures a
license therefor in compliance with this law, from selling intoxicating
liquor in the original packages, but not to be drunk or the packages
opened on the premises where sold; and provided further, that nothing in
this chapter shall be construed as limiting the right of a physician to
prescribe intoxicating liquor in accordance with his professional
judgment for any patient at any time, or prevent a druggist from selling
intoxicating liquor to a person on prescription from a regularly licensed
physician as above provided. (RSMo 1939 § 4880)

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 or nonintoxicating beer, to permit the drinking or consumption of
intoxicating liquor or nonintoxicating beer 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, 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 or nonintoxicating
beer 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 weekday, and between the hours of
1:30 a.m. Sunday and 6:00 a.m. Monday. 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 or nonintoxicating beer by
the drink. The provision of this section regulating the drinking or
consumption of intoxicating liquor or nonintoxicating beer between
certain hours and on Sunday shall apply also to premises licensed under
this chapter to sell intoxicating liquor or nonintoxicating beer 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 or
nonintoxicating beer 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 or nonintoxicating beer 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 or nonintoxicating beer 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 or nonintoxicating beer at retail.

8. No intoxicating liquor or nonintoxicating beer may be served or sold
on any premises used as a polling place on election day. (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)

1. 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
liquor control may issue, a license to sell intoxicating liquor, as
defined in this chapter, by the drink between the hours of 11:00 a.m. on
Sunday and midnight on Sunday at retail for consumption on the premises
of any airline club as described in the application. As used in this
section, the term "airline club" shall mean an establishment located
within an international airport and owned, leased, or operated by or on
behalf of an airline, as a membership club and special services facility
for passengers of such airline.

2. The authority for the collection of fees by cities and 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 each airline club in the same manner
as they apply to establishments licensed pursuant to sections 311.085,
311.090 and 311.095, and in addition to all other fees required by law, a
person licensed pursuant to this section shall pay an additional fee of
two hundred dollars a year payable at the same time and in the same
manner as its other fees; except that the requirements other than fees
pertaining to the sale of liquor by the drink on Sunday shall not apply.
(L. 2002 H.B. 1041 merged with S.B. 834)

Effective 7-11-02 (H.B. 1041) 8-28-02 (S.B. 834)

1. Notwithstanding any other provision of this chapter or
chapter 312, RSMo, a permit for the sale of intoxicating liquor as
defined in section 311.020, and nonintoxicating beer as defined in
section 312.010, RSMo, for consumption on premises where sold 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 personal
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 and nonintoxicating beer on that day
beginning at 11:00 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. (L. 1987 S.B.
150 § 3, A.L. 1995 S.B. 43)

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, RSMo. 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. Except for Missouri-produced wines in the
original package, the provisions of this section shall not include the
sale of packaged goods covered by this temporary permit.

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 or nonintoxicating
beer 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.
(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)

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, RSMo. 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.

2. 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, RSMo. 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. Except for wines in the original package,
the provisions of this section shall not include the sale of packaged
goods covered by this special license.

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 or nonintoxicating
beer 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. (L. 2004 S.B. 1062)

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 containing alcohol
in excess of three and two-tenths percent by weight 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. (L. 1993 S.B. 76, A.L. 1994 S.B.
474)

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 any substance, material or chemical other than pure hops,
or pure extract of hops, or pure barley malt, or other wholesome grains
or cereals, or wholesome yeast and pure water. (RSMo 1939 § 4921)

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. (RSMo 1939 § 4920)

1. It shall be the duty of the supervisor of liquor control 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 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 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 Federal Bureau of Alcohol, Tobacco and
Firearms which verifies the alcohol content of the product. (RSMo 1939 §
4922, A.L. 1945 p. 1043, A.L. 2000 H.B. 1631)

As a charge for the inspection and gauging of all malt liquors,
containing alcohol in excess of three and two-tenths percent by weight,
the director of revenue shall collect the sum of one dollar and
eighty-six cents per barrel. (RSMo 1939 § 4925, A.L. 1945 p. 1043, A.L.
1961 p. 43, A.L. 1969 4th Ex. Sess. S.B. 2)

Effective 1-1-71

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. (RSMo 1939 §
4927)

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. It shall be
the duty of the supervisor of liquor control 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 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 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. (RSMo 1939 § 4902, A.L. 1945 p. 1043, A.L. 2000 H.B. 1631)

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.

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, RSMo, for any amount illegally or erroneously
overcharged or overcollected 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. (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.)

Effective 12-31-94, and shall apply to all tax periods beginning on or
after 1-1-95 (S.B. 477 § C, 1994)

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. (L. 1961 p. 43, A.L. 1989
S.B. 429, A.L. 1990 H.B. 1180)

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, RSMo. 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, RSMo, in accordance with sections 30.170 and 30.180, RSMo. Upon
appropriation, money in the fund shall be used solely for the
administration of this section. Notwithstanding the provisions of section
33.080, RSMo, 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, RSMo. 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.
(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)

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. (L. 1961 p. 43 § 311.553, A.L. 1967 p. 426)

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. (L. 1961 p.
43 § 311.553)

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. (L. 1961 p. 43)

1. No person shall possess intoxicating liquor in any quantity
for any purpose in the state of Missouri which has not been lawfully
manufactured.

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. (RSMo 1939 §
4884, A.L. 1945 p. 1043, A.L. 1949 p. 320, A.L. 1961 p. 43)

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. (RSMo 1939 § 4928,
A.L. 1945 p. 1043, A.L. 1961 p. 43)

1. For the purpose of carrying out the provisions of this
chapter, the liquor control law, and the provisions of chapter 312, RSMo,
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 and the provisions of chapter 312, RSMo, 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 and having an alcoholic content in
excess of three and two-tenths percent by weight as in this chapter
provided. 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. (RSMo 1939 § 4875, A.L. 1945 p.
1043, A.L. 1959 H.B. 104, A.L. 1972 H.B. 649)

CROSS REFERENCE: Appointment, nomination by director of department of
public safety, RSMo 650.005

Supervisor of alcohol and tobacco control, position created, RSMo 311.615

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 the
supervisor of alcohol and tobacco control. (L. 2003 S.B. 298, A.L. 2005
S.B. 262)

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 or has not been a resident taxpaying
citizen of the state for a period of three years previous to his
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 majority of a board,
consisting of the governor, lieutenant governor, attorney general, and
the supervisor of liquor 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 is an employee of the department of
liquor control, except with the written permission of the supervisor of
liquor control. No agent, assistant, deputy or inspector of the
department of liquor control shall accept any reward or gift other than
his regular salary and expenses as provided in this chapter. No agent,
assistant, deputy or inspector of the department of liquor 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 liquor 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 department of liquor
control who shall violate the provisions of this chapter shall be
immediately discharged. (L. 1941 p. 409 § 4875a, A.L. 1945 p. 1040, A.L.
1995 S.B. 43)

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 chapters
311 and 312, RSMo, relating to intoxicating liquors and nonintoxicating
beer, and sections 407.924 to 407.934, RSMo, 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, RSMo.

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. (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)

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. (RSMo 1939 § 4883)

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 design and construction at the capitol shall provide offices
for the liquor control department. (RSMo 1939 § 4887)

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 in
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. (RSMo 1939 § 4889, A.L. 1989 S.B. 429)

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.

Before any license is issued or renewed under the provisions of
chapter 311 or 312, RSMo, 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. (L. 1984 H.B. 1533, et al. § 2)

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. (RSMo 1939 § 4929)

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 or chapter 312, RSMo,
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 or chapter 312, RSMo,
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 or chapter 312, RSMo, 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 or chapter 312, RSMo, 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. (RSMo 1939 § 4905, A.L. 1978 S.B. 661, A.L. 1996
S.B. 933, A.L. 2002 S.B. 834)

(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.

Any person aggrieved by official action of the supervisor of
liquor control affecting the licensed status of a person subject to the
jurisdiction 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. (L. 1978 S.B. 661,
A.L. 1996 S.B. 933)

1. In addition to the penalties and proceedings for suspension
or revocation of licenses provided for in this chapter, and without
limiting 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
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 12:00 midnight Saturday night and 12:00 midnight Sunday
night.

2. Provided, that said taxpaying citizen shall submit in writing, under
oath, by registered United States mail to the supervisor of liquor
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 liquor control the person therein complained of shall
not have been cited by the supervisor to appear and show cause why his
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 liquor control.

3. If, pursuant to the receipt of such complaint by the supervisor of
liquor control, the licensee appears and shows cause why his 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, together with a copy of the transcript of the evidence
adduced at the hearing held by him. Such certification by the supervisor
shall not act as a supersedeas of any order made by him.

4. Upon receipt of such complaint, whether from the complainant directly
or from the supervisor of liquor 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 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 liquor 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 liquor 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 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 liquor 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. (L. 1943 p. 617 § 4946a)

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. (RSMo 1939 § 4909,
A.L. 1941 p. 410, A.L. 1998 H.B. 1147, et al.)

1. The supervisor of alcohol and tobacco control shall not use
minors to enforce the laws of this chapter or chapter 312, RSMo, 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 or
nonintoxicating beer 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 her
age, nor misrepresent anything in order to induce a sale of intoxicating
liquor or nonintoxicating beer.

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 and chapter 312, RSMo, during the
time they are under direct control of the state, county, municipal, or
other law enforcement authorities. (L. 2005 S.B. 402)

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. (RSMo 1939 § 4930, A.L. 1945 p. 1043)

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,
doubler, 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 the 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. (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.

1. That an action to enjoin any nuisance defined in this chapter
may be 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 ordering
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. (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.

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. (RSMo 1939 § 4945)

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. (RSMo 1939 § 4946)

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. (RSMo 1939 § 4878, A.L. 1978 H.B. 1634)

Effective 1-2-79

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. (RSMo 1939 § 4876, A.L. 1945 p. 1043)

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. (RSMo 1939 § 4877)

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
petition 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 intoxicating 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 equipment; 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 equipment, 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. (RSMo 1939 § 4916,
A.L. 1945 p. 1043, A.L. 1978 H.B. 1634, A.L. 1987 H.B. 520)

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. (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.

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.
(L. 1949 p. 320 § 4932)

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 circulation 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 lienor. 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.

8. The 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 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. (L. 1949 p. 320 § 4917, A.L. 1978 H.B. 1634)

Effective 1-2-79

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
property, 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. (L. 1949 p. 320 § 4917a)

All officers whose duty it is to issue or execute search
warrants as provided 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 services 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)

1. Notwithstanding the provisions of section 311.070, 311.550,
or 311.600, or any other provision within this chapter containing a
penalty 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. (L.
1984 S.B. 619 § 1, A.L. 1984 S.B. 441 § 1)

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. (RSMo 1939 § 4886, A.L. 1945 p. 1043)

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. (RSMo 1939 § 4933)

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