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SECOND REGULAR SESSION
SENATE BILL NO. 1407
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
5622S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 311 and 313, RSMo, by adding thereto three new sections relating to
background checks for certain license applications.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapters 311 and 313, RSMo, are amended by 1
adding thereto three new sections, to be known as sections 2
311.661, 313.912, and 313.1000, to read as follows:3
311.661. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Alcohol carrier or transportation license", a 3
license issued to an applicant for the transport or delivery 4
of intoxicating liquor into, within, or through this state; 5
(2) "Manufacturer-solicitor, domestic winery, or 6
microbrewery liquor license", a license issued to an 7
applicant authorizing the manufacturing, distilling, 8
blending, or brewing of intoxicating liquor in this state; 9
(3) "Owner", an individual holding ten percent or 10
greater financial interest or voting interest in an entity 11
seeking to be licensed; 12
(4) "Primary retail liquor license", a license issued 13
to an applicant for the retail sale of intoxicating liquor 14
in this state; 15
(5) "Solicitor license", a license issued to an 16
applicant that allows for the solicitation of orders for the 17
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sale of intoxicating liquor to wholesalers licensed in this 18
state; 19
(6) "Wholesalers license", a license issued to an 20
applicant authorizing the sale of intoxicating liquor to 21
retail licensees; 22
(7) "Wine direct shipper license", a license issued to 23
an applicant allowing for the direct shipping of 24
intoxicating liquor to consumers who are residents of this 25
state and who are at least twenty-one years of age for their 26
personal use and not for resale. 27
2. The division of alcohol and tobacco control may 28
require any owner or applicant, as such term is defined in 29
section 43.540, seeking a license for the manufacture, sale, 30
transport, consumption, or delivery of intoxicating liquors 31
within this state, as provided in this chapter, to submit 32
fingerprints to the Missouri state highway patrol for the 33
purpose of conducting a state and federal fingerprint-based 34
criminal history background check. Such background check 35
shall be required for the following licenses: 36
(1) Alcohol carrier or transportation license; 37
(2) Manufacturer-solicitor, domestic winery, or 38
microbrewery liquor license; 39
(3) Primary retail liquor license; 40
(4) Solicitor license; 41
(5) Wholesalers license; and 42
(6) Wine direct shipper license. 43
3. The fingerprints and any required fees shall be 44
sent to the Missouri state highway patrol's central 45
repository. The fingerprints shall be used for searching 46
the state criminal records repository and shall also be 47
forwarded to the Federal Bureau of Investigation for a 48
federal criminal records search under section 43.540. The 49
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Missouri state highway patrol shall notify the division of 50
alcohol and tobacco control of any criminal history record 51
information or lack of criminal history record information 52
discovered on the individual. Notwithstanding the 53
provisions of section 610.120 to the contrary, all records 54
related to any criminal history information discovered shall 55
be accessible and available to the division of alcohol and 56
tobacco control. 57
313.912. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Officer", the president, vice president, 3
treasurer, secretary, and other officers identified in an 4
entity's bylaws or incorporation documents, a member or 5
manager of a limited liability company, a sole proprietor, 6
or a partner; 7
(2) "Principal salaried executive staff officers", the 8
president, any vice president in charge of a principal 9
business unit, division, or function, such as sales, 10
administration, or finance, any other officer who performs a 11
policy-making function, or any other person who performs 12
similar policy-making functions for a fantasy sports contest 13
operator. Executive officers of subsidiaries may be deemed 14
principal salaried executive staff officers of the fantasy 15
sports contest operator if they perform such policy-making 16
functions for the fantasy sports contest operator. 17
2. The commission may require that fingerprint 18
submissions be made as part of an application for a fantasy 19
sports contest operator license by any employees, officers, 20
directors, and principal salaried executive staff officers 21
of a fantasy sports contest operator to conduct fantasy 22
sports contest activities. 23
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3. If the commission requires that fingerprint 24
submissions be made as part of such application, the 25
commission shall require applicants to submit fingerprints 26
to the Missouri state highway patrol for the purpose of 27
conducting a state and federal fingerprint-based criminal 28
history background check. 29
4. The fingerprints and any required fees shall be 30
sent to the Missouri state highway patrol's central 31
repository. The fingerprints shall be used for searching 32
the state criminal records repository and shall also be 33
forwarded to the Federal Bureau of Investigation for a 34
federal criminal records search under section 43.540. The 35
Missouri state highway patrol shall notify the commission of 36
any criminal history record information or lack of criminal 37
history record information discovered on the individual. 38
Notwithstanding the provisions of section 610.120 to the 39
contrary, all records related to any criminal history 40
information discovered shall be accessible and available to 41
the commission. 42
313.1000. 1. As used in this section, all terms shall 1
have the same meaning as defined in Article III, Section 2
39(g) of the Missouri Constitution. 3
2. The commission may require that fingerprint 4
submissions be made as part of an application for a retail 5
license or mobile license. 6
3. If the commission requires that fingerprint 7
submissions be made as part of such application, the 8
commission shall require applicants to submit fingerprints 9
to the Missouri state highway patrol for the purpose of 10
conducting a state and federal fingerprint-based criminal 11
history background check. 12
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4. The fingerprints and any required fees shall be 13
sent to the Missouri state highway patrol's central 14
repository. The fingerprints shall be used for searching 15
the state criminal records repository and shall also be 16
forwarded to the Federal Bureau of Investigation for a 17
federal criminal records search under section 43.540. The 18
Missouri state highway patrol shall notify the commission of 19
any criminal history record information or lack of criminal 20
history record information discovered on the individual. 21
Notwithstanding the provisions of section 610.120 to the 22
contrary, all records related to any criminal history 23
information discovered shall be accessible and available to 24
the commission. 25
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