HOUSE BILL NO. 3162 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SEITZ.
6994H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 311.185, RSMo, and to enact in lieu thereof one new section relating to direct shipping of alcoholic beverages.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 311.185, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 311.185, to read as follows: 311.185. 1. As used in this section, the following terms mean: 2 (1) "Alcoholic beverage", includes intoxicating liquor, spirituous liquor, spirits, 3 distilled spirits, distilled alcohol, malt liquor, malt beverages, beer, or wine; 4 (2) "Distilled alcohol", "distilled spirits", "spirituous liquor", or "spirits", 5 includes rum, whiskey, gin, vodka, tequila, brandy, liqueur, and other liquors and all 6 other preparation or mixtures for beverage purposes of a like character produced by 7 distillation; 8 (3) "Manufacturer", a wine manufacturer, winery, domestic winery, distillery, 9 brewery, or microbrewery, as such terms are defined in this chapter, that is engaged in 10 the production of alcoholic beverages; 11 (4) "Undistilled alcohol", includes: 12 (a) "Beer", the same meaning as defined in section 311.490; 13 (b) "Malt beverages", the same meaning as defined in section 311.490; 14 (c) "Malt liquor", the same meaning as defined in section 311.490; and 15 (d) "Wine", a vinous beverage produced by fermentation of juices of grapes, 16 berries, or other fruits, or a preparation of certain vegetables by fermentation, and 17 containing alcohol not in excess of twenty-two percent by volume or not in excess of
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3162 2
18 eighteen percent by weight for domestic wine under section 311.190. "Wine" also 19 includes sparkling wine, champagne, alcoholic cider, mead, and saké. 20 2. Notwithstanding any rule, law, or regulation to the contrary, any person or 21 establishment currently licensed in this state or any other state as a [wine] manufacturer may 22 apply for and the supervisor of alcohol and tobacco control may issue [a wine] an alcoholic 23 beverage direct shipper license, as provided in this section, which allows a [wine] 24 manufacturer to ship [up to two cases of wine per month] all types of alcoholic beverages 25 that the licensee is authorized to sell. An alcoholic beverage direct shipper licensee is 26 authorized to ship directly to a resident of this state who is at least twenty-one years of age 27 for such resident's personal use and not for resale with the following aggregate limits: 28 (1) Distilled alcohol, in quantities not to exceed nine liters per consumer per 29 month; and 30 (2) Undistilled alcohol, in quantities not to exceed eighteen liters or two cases, 31 containing a maximum of nine liters per case, per consumer per month. 32 3. Before sending any shipment to a resident of this state, the [wine] manufacturer 33 shall first obtain [a wine] an alcoholic beverage direct shipper license as follows: 34 (1) File an application with the division of alcohol and tobacco control; and 35 (2) Provide to the division of alcohol and tobacco control a true copy of its current 36 alcoholic beverage license issued in this state or any other state, as well as a copy of the 37 winery, brewery, distillery, or other applicable manufacturer's license from the Alcohol 38 and Tobacco Tax and Trade Bureau. 39 [2.] 4. All [wine] alcoholic beverage direct shipper licensees shall: 40 (1) Not ship more than [two cases of wine] the amounts specified under subsection 41 2 of this section per month to any person for his or her personal use and not for resale; 42 (2) Not use any carrier for shipping of [wine] alcoholic beverages that is not licensed 43 under this section; 44 (3) Only ship [wine] alcoholic beverages that [is] are properly registered with the 45 Alcohol and Tobacco Tax and Trade Bureau; 46 (4) Only ship [wine] alcoholic beverages manufactured on the [winery] licensee's 47 premises; 48 (5) Ensure that all containers of [wine] alcoholic beverages delivered directly to a 49 resident of this state are conspicuously labeled with the words "CONTAINS ALCOHOL: 50 SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY" or are 51 conspicuously labeled with wording preapproved by the division of alcohol and tobacco 52 control; HB 3162 3
53 (6) If the [winery] licensee is located outside of this state, by January thirty-first, 54 make a report under oath to the supervisor of alcohol and tobacco control setting out the total 55 amount of [wine] alcoholic beverages shipped into the state the preceding year; 56 (7) If the [winery] licensee is located outside of this state, pay the division of alcohol 57 and tobacco control all excise taxes due on the amount to be calculated as if the sale were in 58 this state at the location where the delivery is made; 59 (8) If the [winery] licensee is located within this state, provide the division of alcohol 60 and tobacco control any additional information deemed necessary beyond that already 61 required for retail sales from the [winery] licensee's tasting room to ensure compliance with 62 this section; 63 (9) Permit the division of alcohol and tobacco control to perform an audit of the 64 [wine] alcoholic beverage direct shipper licensees' records upon request; and 65 (10) Be deemed to have consented to the jurisdiction of the division of alcohol and 66 tobacco control or any other state agency and the Missouri courts concerning enforcement of 67 this section and any related laws, rules, or regulations. 68 [3.] 5. The [wine] alcoholic beverage direct shipper licensee may annually renew its 69 license with the division of alcohol and tobacco control by providing the division of alcohol 70 and tobacco control all required items provided in subsection [1] 3 of this section. 71 [4.] 6. Notwithstanding any law, rule, or regulation to the contrary, any carrier may 72 apply for and the supervisor of alcohol and tobacco control may issue an alcohol carrier 73 license, as provided in this section, which allows the carrier to transport and deliver shipments 74 of [wine] alcoholic beverages directly to a resident of this state who is at least twenty-one 75 years of age or older. Before transporting any shipment of [wine] alcoholic beverages to a 76 resident of this state, the carrier shall first obtain an alcohol carrier license by filing an 77 application with the division of alcohol and tobacco control. 78 [5.] 7. All alcohol carrier licensees shall: 79 (1) Not deliver to any person under twenty-one years of age, or to any intoxicated 80 person, or any person appearing to be in a state of intoxication; 81 (2) Require valid proof of identity and age; 82 (3) Obtain the signature of an adult as a condition of delivery; and 83 (4) Keep records of [wine] alcoholic beverages shipped which include the license 84 number and name of the [winery] manufacturer or retailer, quantity of [wine] alcoholic 85 beverages shipped, recipient's name and address, and an electronic or paper form of signature 86 from the recipient of the [wine] alcoholic beverages. 87 [6.] 8. The division of alcohol and tobacco control may promulgate rules to effectuate 88 the provisions of this section. Any rule or portion of a rule, as that term is defined in section 89 536.010, that is created under the authority delegated in this section shall become effective HB 3162 4
90 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 91 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 92 vested with the general assembly pursuant to chapter 536 to review, to delay the effective date 93 or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of 94 rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid 95 and void. ✔
Statutes affected: