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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1501
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
6503S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 311.185, RSMo, and to enact in lieu thereof one new section relating to direct
shipment 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Section A. Section 311.185, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 311.185, 2
to read as follows:3
311.185. 1. Notwithstanding any rule, law, or 1
regulation to the contrary, any person currently licensed in 2
this state [or any other state] as a wine manufacturer, 3
distilled spirits manufacturer, or retailer under this 4
chapter may apply for, and the supervisor of alcohol and 5
tobacco control may issue, a [wine] direct shipper license, 6
as provided in this section[, which allows a wine]. The 7
license shall allow such manufacturer or retailer to ship 8
[up to two cases of] wine [per month] or distilled spirits 9
produced or lawfully purchased by the licensee, up to 10
volumes authorized in this section, directly to: 11
(1) A resident of this state who is at least twenty- 12
one years of age, for such resident's personal use and not 13
for resale[. Before sending any shipment to a resident of 14
this state, the wine manufacturer shall first obtain a wine 15
direct shipper license as follows:]; or 16
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(2) A resident of another state, provided that the 17
destination state permits direct shipment of alcoholic 18
beverages to residents and the shipment complies with that 19
state's law. 20
2. To receive a direct shipper license an applicant 21
shall: 22
(1) File an application with the division of alcohol 23
and tobacco control on forms prescribed by the division; and 24
(2) Provide to the division of alcohol and tobacco 25
control a true copy of its current alcoholic beverage 26
license issued in this state [or any other state, as well as 27
a copy of the winery license from] and, if applicable, its 28
federal basic permit issued by the Alcohol and Tobacco Tax 29
and Trade Bureau. 30
[2.] 3. All [wine] direct shipper licensees shall: 31
(1) Not ship more than two cases of wine or one case 32
of distilled spirits per month to any person for his or her 33
personal use and not for resale; 34
(2) [Not use any carrier for shipping of wine that is 35
not] Use only carriers licensed under this section; 36
(3) [Only] Ship [wine that is properly registered with 37
the Alcohol and Tobacco Tax and Trade Bureau] only alcoholic 38
beverages lawfully produced, purchased, or possessed under 39
the laws of this state; 40
(4) [Only ship wine manufactured on the winery 41
premises; 42
(5)] Ensure that all containers of [wine] alcoholic 43
beverages delivered directly to a resident of this state or 44
another state are conspicuously labeled with the words 45
"CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER 46
REQUIRED FOR DELIVERY" or [are conspicuously labeled with] 47
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other wording preapproved by the division of alcohol and 48
tobacco control; 49
[(6) If the winery is located outside of this state,] 50
(5) By January thirty-first each year, make a report under 51
oath to the supervisor of the division of alcohol and 52
tobacco control setting out the total amount of [wine] 53
alcoholic beverages shipped into [the] or out of this state 54
the preceding year; 55
[(7) If the winery is located outside of this state, 56
pay the division of alcohol and tobacco control all excise 57
taxes due on the amount to be calculated as if the sale were 58
in this state at the location where the delivery is made;] 59
(6) Pay all applicable state excise and sales taxes on 60
alcoholic beverages shipped to residents of this state and 61
comply with any applicable excise or reporting requirements 62
for shipments to other states; 63
[(8) If the winery is located within this state,] (7) 64
Provide the division of alcohol and tobacco control any 65
additional information deemed necessary [beyond that already 66
required for retail sales from the winery tasting room] to 67
ensure compliance with this section; 68
[(9)] (8) Permit the division of alcohol and tobacco 69
control to perform an audit of the [wine direct shipper] 70
licensees' records upon request; and 71
[(10)] (9) Be deemed to have consented to the 72
jurisdiction of the division of alcohol and tobacco control 73
or any other state agency and the Missouri courts concerning 74
enforcement of this section and any related laws, rules, or 75
regulations. 76
[3. The wine direct shipper licensee may annually 77
renew its license with the division of alcohol and tobacco 78
control by providing the division of alcohol and tobacco 79
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control all required items provided in subsection 1 of this 80
section.] 81
4. (1) Notwithstanding any law, rule, or regulation 82
to the contrary, any carrier may apply for, and the 83
supervisor of the division of alcohol and tobacco control 84
may issue, an alcohol carrier license[, as provided in this 85
section, which] that allows the carrier to transport and 86
deliver shipments of [wine] alcoholic beverages directly to 87
a resident of this state [who is at least twenty-one years 88
of age or older. Before transporting any shipment of wine 89
to a resident of this state, the carrier shall first obtain 90
an alcohol carrier license by filing an application with the 91
division of alcohol and tobacco control] or another state in 92
which such shipments are permitted. 93
[5.] (2) All alcohol carrier licensees shall: 94
[(1)] (a) Not deliver to any person under twenty-one 95
years of age[,] or to any intoxicated person[, or any person 96
appearing to be in a state of intoxication]; 97
[(2)] (b) Require valid proof of identity and age; 98
[(3)] (c) Obtain the signature of an adult as a 99
condition of delivery; and 100
[(4)] (d) Keep records of [wine] alcoholic beverages 101
shipped, which include the license number and name of the 102
[winery or retailer] shipper, quantity [of wine] shipped, 103
recipient's name and address, carrier license number and 104
tracking number, and an electronic or paper form of 105
signature from the recipient [of the wine]. 106
5. The direct shipper licensee may annually renew its 107
license with the division of alcohol and tobacco control by 108
providing all required documentation and paying applicable 109
fees. 110
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6. The division of alcohol and tobacco control may 111
promulgate rules to effectuate the provisions of this 112
section. Any rule or portion of a rule, as that term is 113
defined in section 536.010, that is created under the 114
authority delegated in this section shall become effective 115
only if it complies with and is subject to all of the 116
provisions of chapter 536 and, if applicable, section 117
536.028. This section and chapter 536 are nonseverable and 118
if any of the powers vested with the general assembly 119
pursuant to chapter 536 to review, to delay the effective 120
date or to disapprove and annul a rule are subsequently held 121
unconstitutional, then the grant of rulemaking authority and 122
any rule proposed or adopted after August 28, 2007, shall be 123
invalid and void. 124
7. As used in this section, the following terms mean: 125
(1) "Direct shipper license", a license issued under 126
this section to a Missouri wine manufacturer, distilled 127
spirits manufacturer, or retailer; 128
(2) "Distilled spirits", an intoxicating liquor that 129
is distilled, blended, or compounded; 130
(3) "Retailer", any person licensed under this chapter 131
to sell intoxicating liquor by the package or drink for 132
consumption on or off the premises. 133
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