Effective - 07 Jun 1993
311.099. Controlled access liquor cabinet system for qualified establishments — definitions — license — employees, requirements — temporary license, when — sales to establishment, requirements. — 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.
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(L. 1984 S.B. 441, A.L. 1993 H.B. 63)
Effective 6-7-93
Structure Missouri Revised Statutes
Title XX - Alcoholic Beverages
Chapter 311 - Liquor Control Law
Section 311.010 - Title of law.
Section 311.015 - Purpose clause.
Section 311.020 - Definition of intoxicating liquor.
Section 311.025 - Missouri bourbon and Missouri bourbon whiskey labels, use of name, criteria.
Section 311.030 - Definition of person.
Section 311.040 - Application of law.
Section 311.050 - License required.
Section 311.061 - Stock ownership not deemed financial interest, when.
Section 311.075 - Financial interests in distillery in close proximity to a recreational resort.
Section 311.080 - Sale of liquor prohibited near schools and churches, exceptions.
Section 311.082 - Labeling of kegs sold at retail for off-premise consumption, procedures.
Section 311.089 - Sunday liquor sales by the drink, permitted when (St. Louis City, Kansas City).
Section 311.090 - Sale of liquor by the drink, cities, requirements.
Section 311.091 - Boat or vessel, liquor sale by drink, requirements, fee.
Section 311.092 - Liquor by the drink on vessels regularly moored in city of St. Louis.
Section 311.100 - Sale by drink defined.
Section 311.110 - Election to determine whether liquor may be sold by drink — procedure.
Section 311.130 - Form of ballot.
Section 311.140 - Result of election — favorable vote.
Section 311.150 - Result of election — unfavorable vote.
Section 311.160 - Question may be resubmitted, when — manner.
Section 311.170 - Local option provisions applicable only to sales for consumption on premises.
Section 311.185 - Shipments of alcohol to residents permitted, when.
Section 311.192 - Wine manufacturer defined.
Section 311.197 - Samples, furnishing and acceptance of, when.
Section 311.200 - Licenses — retail liquor dealers — fees — applications.
Section 311.205 - Self-dispensing of beer permitted, when.
Section 311.210 - Application — remittance, made to whom, powers of supervisor.
Section 311.220 - Counties and cities may charge for licenses — amount — display of license.
Section 311.230 - Application for license to manufacture or sell made to supervisor.
Section 311.240 - Period of license — federal license required — contents of license — renewals.
Section 311.250 - Licenses nontransferable — exceptions.
Section 311.260 - More than five licenses by any one person prohibited, exception.
Section 311.290 - Time fixed for opening and closing premises — closed place defined — penalty.
Section 311.294 - Wine and malt beverages, permit to allow tasting on premises — limitations.
Section 311.297 - Alcohol samples for tasting on and off licensed retail premises, when.
Section 311.298 - Certain holidays, sale by the drink on Sunday allowed.
Section 311.299 - Warning sign displayed, liquor licenses — violations.
Section 311.315 - Manufacturing a false identification, offense of — penalty.
Section 311.326 - Expungement of record permitted, when.
Section 311.328 - Identification, acceptable forms.
Section 311.329 - Reproduction or alteration of identification card, penalty.
Section 311.338 - Violation of wholesale price regulations, misdemeanor — suspension of license.
Section 311.340 - Mixing liquor with drugs prohibited.
Section 311.355 - Manufacturer rebate coupons by wholesalers, regulation of.
Section 311.360 - Misrepresentation of brand of liquor unlawful, penalty — exceptions.
Section 311.370 - Liquor in storage — report to supervisor, when — contents of report.
Section 311.373 - Beer required to be in possession of licensed wholesaler prior to sale at retail.
Section 311.380 - Warehouse receipts — unlawful to sell or give away — penalty.
Section 311.400 - Unclaimed shipments of liquor may be sold.
Section 311.401 - Repossessed liquor, sale by lending institution, when — no license required.
Section 311.410 - Transportation of intoxicating liquor into or through state, when permitted.
Section 311.420 - Transporter's license — fee — bond — qualifications — certain carriers exempt.
Section 311.430 - Revocation of transporter's license.
Section 311.440 - Transporter's license to be exhibited to officers, when.
Section 311.450 - Bill of lading to accompany transported alcoholic liquors — contents — inspection.
Section 311.460 - Violation of sections 311.410 to 311.450, penalty.
Section 311.483 - Festivals, temporary permit to sell liquor by the drink, procedure.
Section 311.490 - Ingredients of beer — intoxicating malt liquor.
Section 311.500 - Inspection of breweries — by whom.
Section 311.520 - Fee for inspecting and gauging malt liquors.
Section 311.530 - Inspection of beer — exported out of state.
Section 311.540 - Liquor inspection, labeling and gauging — requirements.
Section 311.550 - Additional revenue charges — fines and penalties.
Section 311.555 - Bond — failure to file — forfeiture.
Section 311.557 - License, revocation.
Section 311.561 - Charges, how paid and collected.
Section 311.600 - Unlawful to sell unlabeled liquor — penalty.
Section 311.615 - Division of liquor control established, duties.
Section 311.620 - Qualification and requirements of agent, assistant, deputy, or inspector.
Section 311.640 - Supervisor — employees not permitted to have interest in liquor business.
Section 311.650 - Offices of supervisor.
Section 311.660 - Powers of supervisor — regulations — subpoenas.
Section 311.665 - Sales and use tax must be paid to renew license — statement required.
Section 311.670 - Failure of supervisor and employees to perform duties.
Section 311.685 - Civil actions permitted, when.
Section 311.691 - Review by administrative hearing commission.
Section 311.710 - Additional complaints — by whom made — procedure.
Section 311.720 - License automatically revoked upon conviction — exceptions.
Section 311.735 - Division of alcohol and tobacco control fund created, use of moneys.
Section 311.740 - Maintaining public nuisance — penalty.
Section 311.750 - Action to enjoin nuisance — procedure.
Section 311.760 - Penalty for violation of terms of injunction.
Section 311.770 - Duty of prosecuting attorney — failure to perform.
Section 311.790 - Prosecution of violations, by whom — fees and expenses.
Section 311.800 - Attorney general may direct prosecuting attorneys to conduct prosecutions.
Section 311.820 - Search of vehicles for contraband liquor — use of evidence found.
Section 311.830 - Transported liquor and vehicle to be seized as contraband, when.
Section 311.860 - Fees and mileage of officers executing search warrants.
Section 311.868 - Fines for violations by manufacturers and distillers to supersede other penalties.
Section 311.870 - Execution on default by corporation in payment of fine.