Effective - 28 Aug 2007
311.185. Shipments of alcohol to residents permitted, when. — 1. Notwithstanding any rule, law, or regulation to the contrary, any person currently licensed in this state or any other state as a wine manufacturer may apply for and the supervisor of alcohol and tobacco control may issue a wine direct shipper license, as provided in this section, which allows a wine manufacturer to ship up to two cases of wine per month directly to a resident of this state who is at least twenty-one years of age for such resident's personal use and not for resale. Before sending any shipment to a resident of this state, the wine manufacturer shall first obtain a wine direct shipper license as follows:
(1) File an application with the division of alcohol and tobacco control; and
(2) Provide to the division of alcohol and tobacco control a true copy of its current alcoholic beverage license issued in this state or any other state, as well as a copy of the winery license from the Alcohol and Tobacco Tax and Trade Bureau.
2. All wine direct shipper licensees shall:
(1) Not ship more than two cases of wine per month to any person for his or her personal use and not for resale;
(2) Not use any carrier for shipping of wine that is not licensed under this section;
(3) Only ship wine that is properly registered with the Alcohol and Tobacco Tax and Trade Bureau;
(4) Only ship wine manufactured on the winery premises;
(5) Ensure that all containers of wine delivered directly to a resident of this state are conspicuously labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY" or are conspicuously labeled with wording preapproved by the division of alcohol and tobacco control;
(6) If the winery is located outside of this state, by January thirty-first, make a report under oath to the supervisor of alcohol and tobacco control setting out the total amount of wine shipped into the state the preceding year;
(7) If the winery is located outside of this state, pay the division of alcohol and tobacco control all excise taxes due on the amount to be calculated as if the sale were in this state at the location where the delivery is made;
(8) If the winery is located within this state, provide the division of alcohol and tobacco control any additional information deemed necessary beyond that already required for retail sales from the winery tasting room to ensure compliance with this section;
(9) Permit the division of alcohol and tobacco control to perform an audit of the wine direct shipper licensees' records upon request; and
(10) Be deemed to have consented to the jurisdiction of the division of alcohol and tobacco control or any other state agency and the Missouri courts concerning enforcement of this section and any related laws, rules, or regulations.
3. The wine direct shipper licensee may annually renew its license with the division of alcohol and tobacco control by providing the division of alcohol and tobacco control all required items provided in subsection 1 of this section.
4. Notwithstanding any law, rule, or regulation to the contrary, any carrier may apply for and the supervisor of alcohol and tobacco control may issue an alcohol carrier license, as provided in this section, which allows the carrier to transport and deliver shipments of wine directly to a resident of this state who is at least twenty-one years of age or older. Before transporting any shipment of wine to a resident of this state, the carrier shall first obtain an alcohol carrier license by filing an application with the division of alcohol and tobacco control.
5. All alcohol carrier licensees shall:
(1) Not deliver to any person under twenty-one years of age, or to any intoxicated person, or any person appearing to be in a state of intoxication;
(2) Require valid proof of identity and age;
(3) Obtain the signature of an adult as a condition of delivery; and
(4) Keep records of wine shipped which include the license number and name of the winery or retailer, quantity of wine shipped, recipient's name and address, and an electronic or paper form of signature from the recipient of the wine.
6. The division of alcohol and tobacco control may promulgate rules to effectuate the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.
--------
(L. 2007 S.B. 299 & S.B. 616)
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.