Effective - 28 Aug 2016
311.201. Draft beer, sale of 32 to 128 fluid ounces dispensed on premises for consumption off premises — requirements. — 1. Any person who is licensed to sell intoxicating liquor in the original package at retail as provided in subsection 1 of section 311.200 may sell from thirty-two to one hundred twenty-eight fluid ounces of draft beer to customers in containers filled by any employee of the retailer on the premises for consumption off such premises. Any employee of the licensee shall be at least twenty-one years of age to fill containers with draft beer.
2. No provision of law, rule, or regulation of the supervisor of alcohol and tobacco control shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish dispensing or cooling equipment, or containers that are filled or refilled under subsection 1 of this section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in subsection 1 of section 311.200.
3. (1) Containers that are filled or refilled under subsection 1 of this section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three millimeters in height and not more than twelve characters per inch:
(a) Brand name of the product dispensed;
(b) Name of brewer or bottler;
(c) Class of product, such as beer, ale, lager, bock, stout, or other brewed or fermented beverage;
(d) Net contents;
(e) Name and address of the business that filled or refilled the container;
(f) Date of fill or refill;
(g) The following statement: "This product may be unfiltered and unpasteurized. Keep refrigerated at all times.".
(2) Containers that are filled or refilled under subsection 1 of this section shall be affixed with the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 CFR Sections 16.20 to 16.22.
4. (1) The filling and refilling of containers shall only occur on demand by a customer and containers shall not be prefilled by the retailer or its employee.
(2) Containers shall only be filled or refilled by an employee of the retailer.
(3) Containers shall be filled or refilled as follows:
(a) Containers shall be filled or refilled with a tube as described in subdivision (4) of this subsection and:
a. Food grade sanitizer shall be used in accordance with the Environmental Protection Agency registered label use instructions;
b. A container of liquid food-grade sanitizer shall be maintained for no more than ten malt beverage taps that will be used for filling and refilling containers;
c. Each container shall contain no less than five tubes that will be used only for filling and refilling containers;
d. The container shall be inspected visually for contamination;
e. After each filling or refilling of a container, the tube shall be immersed in the container with the liquid food-grade sanitizer; and
f. A different tube from the container shall be used for each filling or refilling of a container; or
(b) Containers shall be filled or refilled with a contamination-free process and:
a. The container shall be inspected visually for contamination;
b. The container shall only be filled or refilled by the retailer's employee; and
c. The filling or refilling shall be in compliance with the Food and Drug Administration Code 2009, Section 3-304.17(c).
(4) Containers shall be filled or refilled from the bottom of the container to the top with a tube that is attached to the malt beverage faucet and extends to the bottom of the container or with a commercial filling machine.
(5) When not in use, tubes to fill or refill shall be immersed and stored in a container with liquid food-grade sanitizer.
(6) After filling or refilling a container, the container shall be sealed as set forth in subsection 1 of this section.
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(L. 2016 S.B. 919)
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.