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

1. "Commissioner or supervisor" as used in this chapter shall be
deemed to refer to the supervisor of liquor control of the state of
Missouri, and (or) where not otherwise indicated by the context, his
deputy, and (or) any of his duly appointed inspectors.

2. The phrase "nonintoxicating beer" as used in this chapter shall be
construed to refer to and to mean any beer manufactured from pure hops or
pure extract of hops, and pure barley malt or other wholesome grains or
cereals, and wholesome yeast, and pure water, and free from all harmful
substances, preservatives and adulterants, and having an alcoholic
content of more than one-half of one percent by volume and not exceeding
three and two-tenths percent by weight.

3. The phrase "original package" as used in this chapter shall be
construed and held to refer to any package containing three, six, twelve,
or twenty-four small standard beer bottles, and any package containing
three, six or twelve large standard beer bottles, when such bottles
contain nonintoxicating beer as defined by this chapter.

4. The word "person" as used in this chapter shall, as the case may
require, be deemed to refer to, include, and apply to, any person, firm,
company, association, or corporation, to whom or to which any provision
of this chapter applies or may apply.

5. The phrase "transportation company" as used in this chapter shall be
deemed to refer to and include any individual or individuals, or
incorporated or unincorporated company, engaged in the business of
transportation, for hire, of goods and merchandise, by use or means of
any vessel, railroad car, motor vehicle, airplane, or other means of
conveyance, whatsoever, to whom or to which any provision in this chapter
applies or may apply. (RSMo 1939 §§ 4977, 4984, 4985)

1. Beer having an alcoholic content of not less than one-half of
one percent by volume nor exceeding three and two-tenths percent by
weight, is hereby declared to be "nonintoxicating beer", and may be
lawfully manufactured and sold, or sold, in this state by any holder of a
permit issued by the supervisor of liquor control of this state,
authorizing such manufacture and sale, or sale, and may be lawfully
transported, sold and consumed, in this state, and may be lawfully
shipped into, or out of, this state subject to such inspection fees,
and/or taxes, and under such regulations as may be provided by law.

2. 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 § 4950, A. 1949 S.B. 1115)

It shall be unlawful for any person in this state to
manufacture, or brew, or sell, any nonintoxicating beer without first
having applied for, and secured, a permit from the supervisor of liquor
control authorizing such brewing, manufacture and sale, or sale, thereof,
and it shall be unlawful for any person or any railroad company, express
company, motor bus company, or other transportation company to transport
within this state, into this state or out of this state, any
nonintoxicating beer without first having ascertained by examination of
the packages and containers thereof, that such nonintoxicating beer, if
manufactured or brewed in this state, was so manufactured or brewed under
a permit of the supervisor of liquor control, authorizing such
manufacture or brewing, or if manufactured outside this state, is
consigned to a dealer, distributor, or wholesaler in this state holding a
permit from the supervisor of liquor control authorizing the sale thereof
in this state under the provisions of this chapter. (RSMo 1939 § 4952)

No person shall be granted a permit or 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 permit or 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 permit or license hereunder whose permit
or 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
nonintoxicating beer, or who employs in his business as such dealer, any
person whose permit or 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 permits or licenses
to nonresidents of Missouri or foreign corporations for the privilege of
selling to duly licensed wholesalers and soliciting orders for the sale
of nonintoxicating beer, to, by or through a duly licensed wholesaler,
within this state. (L. 1941 p. 411 § 4952a)

1. No person having a license under the provisions of this
chapter to sell nonintoxicating beer at retail shall be granted or
permitted to hold a license to sell malt liquor containing alcohol in
excess of three and two-tenths percent by weight or any other kind of
intoxicating liquor; nor shall any person be granted or permitted to hold
a license to sell nonintoxicating beer in, upon or about the premises of
any person who is the holder of a license to sell intoxicating liquor.

2. Any person holding a license to sell nonintoxicating beer only who
shall sell, give away or otherwise dispose of, or suffer the same to be
done in, upon or about his premises any malt liquor containing alcohol in
excess of three and two-tenths percent by weight, or any other
intoxicating liquor of any kind or character, shall be deemed guilty of a
felony and upon conviction shall be punished by imprisonment in the
penitentiary 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 jail sentence. (RSMo 1939 § 4993)

1. Neither brewers or manufacturers of nonintoxicating beer, or
their employees, officers, agents, subsidiaries or affiliates shall,
under any circumstances, directly or indirectly, have any financial
interest in the retail business for the sale of such nonintoxicating
beer, nor shall they, directly or indirectly, loan, give away or furnish
equipment, money, credit or property of any kind, except ordinary
commercial credit for such beer sold to such retail dealers.

2. All contracts entered into between such brewers or manufacturers, or
their officers, employees, directors or agents, in any way concerning any
of their products, obligating such retail dealers to buy or sell only the
products of any such brewer or manufacturer or obligating such retail
dealers to buy or sell the major part of such products, required by such
retail vendors from any such brewer or manufacturer, shall be void and
unenforceable in any court in this state, and proof of the execution of
such contract shall forfeit the license of both the vendor and the
vendee. (RSMo 1939 § 4986)

Before any permit authorized by this chapter, other than a
manufacturer's or a wholesaler's permit, may be issued to any applicant
therefor, such applicant shall take and subscribe to an oath that he will
not, upon or about the premises for which such license is sought,
possess, keep, store, secrete, consume, sell, give away or otherwise
dispose of, or, upon or about said premises, suffer or permit to be
possessed, kept, stored, secreted, consumed, sold, given away or
otherwise disposed of, by any person whomsoever; any beer having an
alcohol content in excess of three and two-tenths percent by weight, or
any other intoxicating liquor whatsoever; and that he will not violate,
or, upon said premises, suffer or permit any other person to violate any
law of this state, or knowingly allow any other person to violate any law
of this state while in or upon such premises. (RSMo 1939 § 4989)

Application for license to manufacture or sell nonintoxicating
beer, under the provisions of this chapter, shall be made to the
supervisor of liquor control. (RSMo 1939 § 4960, A.L. 1945 p. 1035, A.L.
1967 p. 427)

1. Every application for any permit or license authorized by
this chapter and every permit or license issued under authority of this
chapter, shall be in such form as may be prescribed by the supervisor of
liquor control of the state of Missouri. No such permit or license shall
be effective, and no right granted thereby shall be exercised by the
permittee or licensee, unless and until he shall have obtained and
securely affixed to the permit or license in the space provided therefor
an original stamp or other form of receipt, issued by the federal
government evidencing the payment by the permittee or licensee to the
federal government, for a term to expire with the expiration of the
permit or license, of whatever special or occupational tax is, by any law
of the United States then in effect, required to be paid by a dealer in
fermented malt liquors. Within ten days from the issuance of said federal
stamp or receipt, the permittee or licensee shall file with the
supervisor of liquor control a photostat copy thereof, or such numbered
duplicate thereof or indented stub therefrom as the federal government
may have issued to the taxpayer with the original.

2. Any licensee or permittee under this chapter, having in his possession
or upon the premises mentioned in such license or permit a federal excise
or occupational tax stamp or receipt evidencing the payment to the
federal government of a special tax for being a dealer in liquor other
than malt liquor, shall be guilty of a misdemeanor.

3. No license or permit authorized by this chapter 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 a person or place for dealing in intoxicating
liquors other than malt liquors, or evidencing the payment of a tax for
being a dealer in liquor other than malt liquors. The license of any
person licensed under this chapter, who shall have in his possession or
on the licensed premises, a federal excise or occupational tax stamp or
special tax receipt, designating such person and premises as the person
and place for dealing in intoxicating liquors, or evidencing the payment
of a tax for being a dealer in liquor other than malt liquors, shall be
revoked by the supervisor.

4. In any prosecution for violation of this section, evidence that the
defendant has in his possession or on said premises a federal excise or
occupational tax stamp or receipt, designating such person or such
licensed place 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 that such person has kept or secreted in or about the licensed
premises intoxicating liquor containing alcohol in excess of three and
two-tenths percent by weight. (RSMo 1939 § 4959, A.L. 1945 p. 1035)

1. Before any permit required by this chapter shall be issued,
the annual fee required therefor shall be paid into the state treasury,
or to the director of revenue if provided by law, and the receipt for
such payment filed in the office of the supervisor of liquor control.
Annual fees required for permits authorized by this chapter shall be as
follows:

(1) For a permit authorizing the manufacture, and the sale by the
manufacturer, of nonintoxicating beer brewed or manufactured in this
state, two hundred and fifty dollars;

(2) For a permit authorizing the sale in this state by any distributor or
wholesaler, other than the manufacturer or brewer thereof, of
nonintoxicating beer, fifty dollars;

(3) For a permit authorizing the sale of nonintoxicating beer for
consumption on premises where sold, twenty-five dollars;

(4) For a permit authorizing the sale of nonintoxicating beer by grocers
and other merchants and dealers, for sale in the original package direct
to consumers, but not for resale, fifteen dollars;

(5) For the privilege of selling to duly licensed wholesalers and
soliciting orders for the sale of nonintoxicating beer, fifty dollars.

2. The provisions of this section are subject to and limited by the
provisions of sections 311.181 and 311.182, RSMo.

3. The licenses prescribed in this section for the privilege of selling
nonintoxicating beer by a wholesaler shall allow such wholesaler to sell
nonintoxicating beer to licensees licensed by the gaming commission to
sell beer or alcoholic beverages pursuant to section 313.840, RSMo.

(RSMo 1939 § 4954, A.L. 1945 p. 1035, A.L. 1985 H.B. 369, A.L. 1994 S.B.
651)

Effective 5-24-94

A separate permit or license shall be required for each place of
business. Every permit or license issued shall expire with the thirtieth
day of June next succeeding the date of such permit or license.
Applications for renewal of permits or licenses must be filed with the
supervisor of liquor control on or before the first day of May of each
calendar year. Of the annual license tax required in this chapter to be
paid for any permit or license, the applicant shall pay as many twelfths
as there are months (part of a month counted as one month) remaining from
the date of the permit or license, to, but not including, the next
succeeding first day of July. (RSMo 1939 § 4953, A. 1949 S.B. 1115)

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. 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. (L. 1945 p. 1057 § 4950a)

(1960) Since statute does not require hearing on application to renew
license for sale of 3.2 beer but vests in supervisor sole discretion
whether to issue or refuse license, his action in refusing license would
be sustained if the information on which he acted showed that he acted
reasonably and not arbitrarily or capriciously. Pinzino v. Supervisor of
Liquor Control (Mo.), 334 S.W.2d 20.

No license issued under this chapter shall be transferable or
assignable. (RSMo 1939 § 4988)

The county commission in each county of this state or the
corresponding authority in the city of St. Louis is hereby authorized to
make a charge for licenses issued to retail dealers in nonintoxicating
beer, the charge in each instance to be determined by the county
commission or the corresponding authority in the city of St. Louis by
order of record, but said charge shall in no event exceed the amount
provided for in section 312.100 for state purposes. The board of
aldermen, city council or other proper authorities of incorporated
cities, towns and villages including the city of St. Louis may charge for
licenses issued to manufacturers, brewers, wholesalers, and retailers of
nonintoxicating beer within their limits, which charge for licenses shall
not exceed one and one-half times the amount charged for a state license,
and provide for the collection thereof, make and enforce ordinances for
the regulation and control of the sale of nonintoxicating beer within
their limits not inconsistent with the provisions of this chapter, and
provide penalties for the violation thereof. No municipal corporation
shall increase any occupation tax which it now levies upon any holder of
any permit required by this chapter in excess of the amount of such tax
imposed upon merchants and dealers in the same or similar lines of
business and not holding any such permit. (RSMo 1939 § 4954, A.L. 1945 p.
1035)

(1957) City ordinance prohibiting sales by any wholesalers 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.

A permit to brew or manufacture and sell nonintoxicating beer in
this state shall be construed to authorize the sale, by the holder of
such permit, of nonintoxicating beer to distributors or wholesalers for
resale to retailers only, and/or the sale of nonintoxicating beer by the
holders of such permits, direct to retailers. A permit authorizing any
distributor or wholesaler to sell nonintoxicating beer in this state
shall be construed to authorize the sale thereof only to holders of
permits authorizing the sale of nonintoxicating beer to consumers, not
for resale, but shall not be construed to authorize the sale by any such
distributor or wholesaler of nonintoxicating beer direct to consumers.
(RSMo 1939 § 4955)

No person, except a duly licensed manufacturer or wholesaler,
shall possess nonintoxicating beer within the state of Missouri unless
the same has been acquired from some person holding a duly authorized
license to sell the same under this chapter, or unless the
nonintoxicating beer is had or kept with the written or printed
permission of the supervisor of liquor control. (RSMo 1939 § 4987, A.L.
1945 p. 1057, A.L. 1965 p. 504)

It shall be the duty of each holder of a permit authorizing the
manufacture and sale, or the sale, of nonintoxicating beer, on or before
the fifth day of each calendar month, to file in the office of the
supervisor of liquor control, a sworn statement showing the amount of
nonintoxicating beer manufactured and sold, or sold, and to whom sold,
during the next preceding calendar month, and it shall be the duty of
each holder of a permit authorizing the sale of nonintoxicating beer for
consumption and not for resale, on or before the fifth day of each month,
to file in the office of the supervisor of liquor control, a sworn
statement showing the amount of nonintoxicating beer purchased and from
whom purchased, and the amount of nonintoxicating beer sold, during the
next preceding calendar month. Every such statement shall be signed and
sworn to by the holder of such permit if an individual, or by some
authorized officer of the holder if a corporation. (RSMo 1939 § 4966)

1. Every railroad company, express company, airplane company,
motor transportation company, steamboat company, or other transportation
company who shall transport into, out of, or within this state any
nonintoxicating beer, whether brewed or manufactured within this state or
outside this state, shall, when requested by the supervisor of liquor
control furnish such supervisor a duplicate of the bill of lading
covering or receipt for such nonintoxicating beer, showing the name of
the brewer or manufacturer, and the name and address of the consignor and
consignee, and the date and place received, and the destination and
quantity of nonintoxicating beer received from such manufacturer, or
brewer, or other consignor, for shipment from any point within or without
this state, to any point within this state.

2. Any such railroad company, express company, airplane company, motor
transportation company, steamboat company, or other transportation
company failing to comply with the requirements of this chapter, shall
forfeit and pay to the state of Missouri, the sum of fifty dollars for
each and every such failure, to be recovered in any court of competent
jurisdiction, and 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 at 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, for such recovery.
(RSMo 1939 § 4975, A.L. 1945 p. 1057)

The supervisor of liquor control shall keep a record of the
names and places of business of all persons engaged in the brewing or
manufacturing and (or) in the sale of nonintoxicating beer. He shall also
keep a record of all nonintoxicating beer brewed or manufactured and
sold, and the amount thereof, by each brewer or manufacturer, or sol{d by
each dealer other than a brewer or manufacturer, and a record of all
inspection fees, permit fees and forfeitures collected, and of all
expenses incurred in the collection thereof and shall make a full, true
and complete report of the same to the governor, and the general assembly
on or before the fifteenth day of January of each odd numbered year.
(RSMo 1939 § 4965)

It shall be unlawful for any person in this state, engaged in
the brewing or manufacture of nonintoxicating beer, to use any substance,
material or chemical in the brewing or manufacture thereof, other than
pure hops or pure extract of hops, and pure barley malt or other
wholesome grains or cereals, and wholesome yeast and pure water. (RSMo
1939 § 4980)

CROSS REFERENCE: Ingredients of beer, RSMo 311.490

1. It shall be the duty of the supervisor of liquor control to
inspect, or to cause to be inspected, all nonintoxicating beer brewed or
manufactured and sold, or sold, in this state, and he shall determine
whether such nonintoxicating beer has been made from pure hops or pure
extract of hops and pure barley malt, or other wholesome grains or
cereals, and wholesome yeast and pure water, and whether the package or
packages containing such nonintoxicating beer have been correctly stamped
to show that the same has been made from pure hops or pure extract of
hops and pure barley malt, or other wholesome grains or cereals, and
wholesome yeast and pure water.

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 nonintoxicating beer
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 § 4961, A.L. 1945 p. 1057,
A.L. 2000 H.B. 1631)

CROSS REFERENCE: Inspection of breweries, RSMo 311.500

1. Inspection of nonintoxicating beer may be made by samples of
quantities in the original vats before such nonintoxicating beer is
placed in bottles, barrels or kegs, or, in the case of nonintoxicating
beer manufactured or brewed in another state and shipped into this state,
from samples taken from each shipment thereof.

2. Any manufacturer or brewer who, after the inspection of any
nonintoxicating beer in bulk, shall change the ingredients thereof, or
increase the alcoholic content thereof, or any distributor or wholesaler
who shall substitute, in any shipment of nonintoxicating beer, any beer
or other liquid for sale as nonintoxicating beer, having any other
ingredients therein than those contained in the samples submitted for
inspection, or having an alcoholic content in excess of three and
two-tenths percent by weight, shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by imprisonment in the county
jail for a term of not 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
jail sentence. (RSMo 1939 § 4962)

As a charge for the inspection of nonintoxicating beer, the
director of revenue shall collect one dollar and eighty-six cents per
barrel of nonintoxicating beer manufactured or brewed in this state for
sale in this state, or manufactured or brewed in another state and
shipped or transported into this state for sale subject to the provisions
of this chapter. (RSMo 1939 § 4956, A.L. 1945 p. 1657, A.L. 1961 p. 43,
A.L. 1969 4th Ex. Sess. S.B. 2)

Effective 1-1-71

1. Payment of the charges provided by section 312.230 shall be
made by the manufacturer (including one who bottles nonintoxicating beer)
as to all nonintoxicating beer 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 nonintoxicating beer 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
nonintoxicating beer 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 nonintoxicating beer
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 section
312.230 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)

Every manufacturer, including one who bottles nonintoxicating
beer, as to all nonintoxicating beer 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 nonintoxicating beer
manufactured or produced outside this state for sale or use for beverage
purposes within this state, and the wholesale dealer who imports or
receives nonintoxicating beer manufactured or produced without the United
States for sale or use for beverage purposes within this state and who,
therefore, shall be liable for payment of charges as provided by section
312.233, 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 nonintoxicating
beer 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 § 312.233, 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
312.233 and 312.235. No new or renewal license shall be granted to a
person who fails to comply with sections 312.233 and 312.235. (L. 1961 p.
43 § 312.233)

Any person who sells, or offers for sale, any nonintoxicating
beer within this state, which has not first been inspected and labeled as
required by the provisions of this chapter is guilty of a misdemeanor and
upon conviction thereof shall be punished by imprisonment in the county
jail for a term of not more than one year, or by a fine of not less than
fifty dollars nor more than one thousand dollars or by both the fine and
jail sentence. (RSMo 1939 § 4972, A.L. 1945 p. 1057, A.L. 1965 p. 504)

Nonintoxicating beer brewed or manufactured in this state for
shipment and sale outside of this state shall be exempt from the
inspection fees by this chapter required to be collected for the
inspection of nonintoxicating beer brewed or manufactured for sale in
this state, but shall be inspected by the supervisor of liquor control as
required by this chapter. (RSMo 1939 § 4957)

The supervisor of liquor control, his assistants, deputies,
special agents, agents and inspectors, shall have the authority to
inspect all premises covered by permit or license issued under this
chapter to see that provisions of this chapter are being obeyed. (L. 1945
p. 1035 § 4951a)

It shall be unlawful for any person to sell, or offer for sale,
in this state, any nonintoxicating beer except the same shall be sold or
offered for sale in the original bottle, or in the original package
containing bottles, bearing the original label and full name of the
brewer or manufacturer thereof, both upon the label on the bottle, and
upon the cap or cork of such bottle, or in the case of the sale of
nonintoxicating beer on draught, except the same be drawn from the
original keg or barrel having stamped on the ends thereof the full name
of the manufacturer or brewer of the nonintoxicating beer therein
contained. (RSMo 1939 § 4963)

1. It shall be the duty of every manufacturer or brewer
manufacturing or brewing any nonintoxicating beer in this state, and of
every manufacturer or brewer, distributor or wholesaler, outside of this
state shipping any nonintoxicating beer into this state for sale in this
state at wholesale or retail, to cause every bottle, barrel, keg, and
other container of such nonintoxicating beer to have on the label thereon
in plain letters and figures "alcoholic content not in excess of 3.2% by
weight", or "alcoholic content not in excess of 4% of volume"; provided,
however, that any container of nonintoxicating beer which has an
alcoholic content not in excess of 2.5% of volume shall be labeled as
follows: "alcoholic content not in excess of 2.0% by weight", or
"alcoholic content not in excess of 2.5% of volume"; or "alcohol content
less than 2% by weight".

2. Any beer not so labeled shall be deemed to have an alcoholic content
in excess of three and two-tenths percent by weight, and the sale thereof
in this state shall be subject to all the regulations and penalties
provided by law for the sale of beer having an alcoholic content in
excess of three and two-tenths percent by weight. Any person who shall
sell any beer, regardless of the alcoholic content thereof, as
nonintoxicating beer in, or out of, any bottle, barrel, keg or other
container, not so labeled as required by this section shall be deemed
guilty of a misdemeanor. (RSMo 1939 § 4994, A.L. 1985 H.B. 141)

1. For the purpose of enforcing the provisions of this chapter
and acts amendatory thereto, the prosecuting attorneys of the respective
counties and the circuit attorneys, or at the request of the governor the
attorney general, shall investigate and prosecute all violations of any
provision of this chapter; 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 chapter, have the power to sign indictments or
information 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 § 4990, A.L. 1945 p. 1057)

The fees, taxes, and forfeitures collected by the director of
revenue under the provisions of this chapter, shall be paid into the
state treasury and become a part of the ordinary revenue fund. (RSMo 1939
§ 4982, A.L. 1945 p. 1057)

1. Whenever requested to carry out any of the duties as required
by the laws relating to the manufacturing, transportation, sale and
inspection of nonintoxicating beer the attorney general may, in his
discretion, direct the circuit attorney of the city of St. Louis or the
prosecuting attorney of any county in which any violation of the laws
relating to the manufacturing, transportation, sale and inspection of
nonintoxicating beer shall have been violated to conduct prosecutions and
institute suits as required by the laws pertaining thereto.

2. 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 laws of this state relating to the
manufacturing, transportation, sale and inspection of nonintoxicating
beer, 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 the 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 laws relating to the manufacturing, transportation, sale and
inspection of nonintoxicating beer.

3. 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 list so
transmitted to him. (RSMo 1939 § 4991, A.L. 1978 H.B. 1634)

Effective 1-2-79

If the supervisor of liquor control, his deputy, or any
inspector appointed by him and assigned thereto, shall fail to perform
any of the duties required of him by this chapter, or shall in any manner
violate any of the provisions of this chapter, for which no other
punishment is prescribed he shall be deemed guilty of a misdemeanor, and
in addition to such punishment, shall forfeit his office or position and
shall not thereafter for a period of four years, be eligible to
reappointment or to appointment to any other office in this state. (RSMo
1939 § 4964)

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 nonintoxicating beer of any kind to be kept or sold under
this chapter;

(2) Prescribe an official seal and label and determine the manner in
which such seal or label shall be attached to every package of
nonintoxicating beer so sold under this chapter (this includes
prescribing different official seals or different labels for the
different classes, varieties or brands of nonintoxicating beer);

(3) Prescribe all forms, applications, and licenses and such other forms
as are necessary to carry out the provisions of this chapter;

(4) Prescribe the terms and conditions of the licenses issued and granted
under this chapter;

(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 nonintoxicating beer 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 chapter. (L. 1945 p. 1035 § 4996b)

CROSS REFERENCES: License for sale of malt liquors to permit sale of
nonintoxicating beer, RSMo 311.200 Malt liquor license holder not to sell
other intoxicating liquors, RSMo 311.270 Rules to be filed with secretary
of state before being effective, Chap. 536, RSMo

Whenever it shall be shown, or whenever the supervisor of liquor
control has knowledge that a dealer licensed hereunder, has not at all
times kept an orderly place or house, or has violated any of the
provisions of this chapter, said supervisor of liquor control shall
revoke or suspend the license of said dealer, but the dealer must have
ten days' notice of the application to revoke or suspend his license
prior to the order of revocation or suspension issuing, with full right
to have counsel to produce witnesses in his behalf in such hearing and to
be advised in writing of the grounds upon which his license is sought to
be revoked or suspended. (RSMo 1939 § 4996, A.L. 1945 p. 1035)

1. In addition to the penalties and proceedings for revocation
of licenses provided for in nonintoxicating beer law, and without
limiting them, proceedings for the suspension or revocation of any
license authorizing the sale of nonintoxicating beer 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 resident
citizens of the county or city, for any of the following offenses:

(1) Knowingly selling, giving or otherwise supplying nonintoxicating beer
to any person while such person is in an intoxicated condition;

(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 permitting the consumption
on the licensed premises of any kind of alcoholic liquors, the sale,
possession or consumption of which is not authorized under his license;
provided, that said taxpaying citizens 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.

2. 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. 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.

3. 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 complainant and the licensee
may produce new and additional evidence material to the issues. 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.

4. The judgment of the court in no event shall be superseded or stayed
during pendency of any appeal therefrom.

5. 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.

6. 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 herein provided shall be in addition to and
not in lieu of any other revocation or suspension provided by this
chapter.

7. Costs accruing because of such hearings in the circuit court shall be
taxed in the same manner as criminal costs. (L. 1943 p. 614 § 4996a, A.
1949 S.B. 1115)

It shall be unlawful for any person holding a permit authorizing
the sale of nonintoxicating beer in the original package to allow such
original package to be broken, or to allow any of such nonintoxicating
beer to be consumed, in or upon the premises described in such permit.
(RSMo 1939 § 4981)

CROSS REFERENCE: Liquor in original package not to be consumed on
premises, RSMo 311.200

No person or his employee shall sell or supply nonintoxicating
beer or permit same to be sold or supplied to a habitual drunkard or to
any person who is under or apparently under the influence of alcoholic
beverages. Nonintoxicating beer shall not be given, sold or otherwise
supplied to any person under the age of twenty-one years, but this shall
not apply to the supplying of nonintoxicating beer to a person under said
age for medicinal purposes only, or by the parent or guardian of such
person or to the administering of said nonintoxicating beer to said
person by a physician. (L. 1945 p. 1032 § 4995a)

(1953) An information under this section is required only to charge that
a sale of nonintoxicating beer to a minor was made. It is not necessary
to negative all the exceptions in this statute as a part of the
indictment. State v. Henry (A.), 254 S.W.2d 307.

(1953) To convict one of violating this statute the state must prove that
the beverage sold was nonintoxicating beer as defined by the statute. The
fact that the liquid was served in brown bottles or the fact that it bore
a Budweiser label does not prove alcoholic content of the liquid sold.
State v. Henry (A.), 254 S.W.2d 307.

(1954) Where evidence did not show alcoholic content of beverage sold to
minor as beer it was insufficient to support conviction. State v. Maupin
(A.), 268 S.W.2d 39.

1. Any person of the age of seventeen years and under the age of
twenty-one years who represents that he has attained the age of
twenty-one for the purpose of purchasing, asking for or in any way
receiving nonintoxicating beer, shall, upon conviction be deemed guilty
of a misdemeanor.

2. Any person under the age of seventeen years who represents that he has
attained the age of twenty-one years for the purpose of purchasing,
asking for or in any way receiving nonintoxicating beer, shall be dealt
with in accordance with the provisions of chapter 211, RSMo. (L. 1957 p.
26)

1. Any person under the age of twenty-one years who purchases or
attempts to purchase, or has in his possession, any nonintoxicating beer
as defined in section 312.010, 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 nonintoxicating beer to
a person under twenty-one years of age, a manufacturer-sealed container
describing that there is nonintoxicating beer therein need not be opened
or the contents therein tested to verify that there is nonintoxicating
beer in such container. The alleged violator may allege that there was
not nonintoxicating beer 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 nonintoxicating beer therein
contains nonintoxicating beer.

2. For purposes of determining violations of any provisions 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
nonintoxicating beer therein need not be opened or the contents therein
tested to verify that there is nonintoxicating beer in such container.
The alleged violator may allege that there was not nonintoxicating beer
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 nonintoxicating beer therein contains nonintoxicating beer.
(L. 1959 H.B. 248 § 2, A.L. 1963 p. 426, A.L. 1994 S.B. 693, A.L. 2003
S.B. 298)

CROSS REFERENCE: Nonintoxicating beer container need not be opened or
tested to prove nonintoxicating beer, burden of proof on offender, RSMo
311.325

No person having a license under the provisions of this chapter
shall sell, give away or permit the consumption of any nonintoxicating
beer in any quantity between the hours of 1:30 a.m. and 6:00 a.m., upon
or about his or her premises, and any person violating any provision of
this section shall be deemed guilty of a misdemeanor and shall be
punished by imprisonment in the county jail for a term of not 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 jail sentence. (RSMo 1939 §
4995, A.L. 2003 S.B. 298)

Any permit issued under the provisions of this chapter
authorizing the sale of nonintoxicating beer for consumption on the
premises described in such permit, shall be construed to authorize the
sale of such nonintoxicating beer by the bottle, by the glass, on
draught, and in the original package. (RSMo 1939 § 4970)

Any person holding a permit under this chapter to sell
nonintoxicating beer at retail, who shall have or keep or secrete in or
about the premises described in and covered by his permit any
intoxicating liquor of any kind or character, or any manufacturer or
wholesale distributor who shall sell intoxicating liquor containing
alcohol in excess of three and two-tenths percent by weight to any retail
distributor holding a license or permit for the sale of nonintoxicating
beer only, shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by imprisonment in the county jail for a term
of not 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 jail sentence.
(RSMo 1939 § 4958)

(1971) In prosecution for keeping intoxicating liquor on premises
licensed for nonintoxicating beer although defendant denied any interest
in the bottles of intoxicants, since possession was an essential element
of the offense, the state was precluded from denying that defendant had
the requisite possessory interest to challenge the admission of the
intoxicants as evidence. State v. Russo (A.), 470 S.W.2d 164.

(1971) Liquor department agents had a right to be on premises licensed
for sale of nonintoxicating beer and as bottles of intoxicants were in
plain view of agent leaning over the bar, intoxicants were not a product
of unlawful search and seizure and trial court did not err in admitting
them as evidence. State v. Russo (A.), 470 S.W.2d 164.

It shall be the duty of every holder of a permit to manufacture
and sell, or to sell, nonintoxicating beer, to use every precaution to
prevent any person on the premises described in such permit, from pouring
into, mixing with, or adding to, such nonintoxicating beer, any alcohol
or other liquid, or any alcohol cube or cubes, or other ingredient or
ingredients, that will increase, or tend to increase, the alcoholic
content of such nonintoxicating beer. And any such permit holder who
shall knowingly permit any person on the premises described in such
permit, to pour into, mix with, or add to, such nonintoxicating beer, any
alcohol, or other liquid, or any alcohol cube or cubes, or other
ingredient or ingredients, that will increase, or tend to increase, the
alcoholic content of such nonintoxicating beer, shall be deemed guilty of
a misdemeanor, and in addition thereto, shall forfeit such permit and
shall not thereafter, for a period of one year, be entitled to hold a
permit authorizing the manufacture and sale, or the sale, of
nonintoxicating beer in this state. (RSMo 1939 § 4976)

Any person who shall, in this state, brew or manufacture, or who
shall sell, any nonintoxicating beer as defined in this chapter, without
first having obtained a permit or license from the supervisor of liquor
control authorizing the brewing or manufacturing and sale, or the sale,
of nonintoxicating beer; or who, having obtained such permit or license,
shall fail or refuse to promptly thereafter obtain and securely affix to
such permit or license the federal excise or special tax stamp or
receipt, as in this chapter required, 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 § 4953, A. 1949 S.B. 1115)

Any person in this state holding a license under the provisions
of this chapter who shall pour into, mix with, or add to, any
nonintoxicating beer, as in this chapter defined, any alcohol or other
liquid, or any alcohol cube or cubes, or any other ingredient or
ingredients, that will increase, or tend to increase, the alcoholic
content of such nonintoxicating beer on the licensed premises where his
business is conducted or suffer the same to be done or who shall possess
any such mixture on said premises, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by imprisonment
in the county jail for a term of not 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 jail sentence. (RSMo 1939 § 4978)

Any person in this state who shall sell or offer for sale any
nonintoxicating beer in the original package without a permit as
authorized by this chapter; or who shall open any original package
containing nonintoxicating beer on the premises where purchased; or who
shall drink any nonintoxicating beer purchased in the original package on
the premises where purchased; or who shall in any place of business in
this state where goods, wares and merchandise, including articles of food
and drink served for consumption at the place of sale, are kept or
offered for sale, drink any nonintoxicating beer purchased in the
original package, shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by imprisonment in the county jail
for a term of not 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 jail
sentence. (RSMo 1939 § 4979)

Any person who shall evade, or attempt to evade, the payment of
any permit or inspection fee, required by this chapter, shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by
imprisonment in the county jail for a term of not 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 jail sentence. (RSMo 1939 § 4971)

1. Notwithstanding the provisions of section 312.060, 312.480,
312.500, or 312.510, or any other provision within this chapter
containing a penalty provision of law, any person paying the fee imposed
by section 312.230 shall be subject to the penalty provision of
subsection 2 of this section with regard only to its manufacturer'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 shall not be subject to
any other form of punishment with regard to its manufacturer'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 § 2, A.L. 1984 S.B. 441 § 2)

It shall be unlawful for any officer, agent, or employee of any
incorporated company, or association, acting for such corporation or
association, to authorize or permit such corporation to violate any of
the provisions of this chapter, and any such officer, agent, or employee
so offending shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by imprisonment in the county jail for a term
of not 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 jail sentence.
(RSMo 1939 § 4973)

Any person violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor, except where the punishment is
specifically prescribed by this chapter, and shall be punished by
imprisonment in the county jail for a term of not 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 jail sentence. (RSMo 1939 § 4992)

1. Any violation of any of the provisions of this chapter not
otherwise defined, shall be a misdemeanor, and any person guilty of
violating any of said provisions, and for which violation no other
penalty is by this chapter imposed, 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.

2. If the person so convicted shall be the holder of any permit or
license issued pursuant to the provisions of this chapter, such
conviction by any court of competent jurisdiction shall, without further
proceeding, action or order by any court or by the supervisor of liquor
control, operate to revoke and forfeit as of the date of such conviction
such permit and all rights and privileges granted thereby, and the holder
of such permit shall not thereafter, for a period of one year after the
date of such conviction, be entitled to any permit for any person
authorized in this chapter.

3. If the permittee or licensee charged in such proceeding with such
violation, be, by final judgment therein, acquitted of said charge, he
may apply for and receive a license pursuant to this chapter upon paying
therefor the license fee in this chapter required, and by otherwise
conforming to all requirements as to such applicants, and with the same
right as though he had never held a license under the provisions of this
chapter. (RSMo 1939 § 4974)

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