Effective - 28 Aug 2009
311.335. Liquor sales by wholesalers, delivery price — delayed shipment — sale of close-out merchandise permitted, when. — 1. Any wholesaler licensed to sell intoxicating liquor and wine containing alcohol in excess of five percent by weight shall deliver such intoxicating liquor and wine to a retailer at the price in effect for that calendar month in which the delivery occurs.
2. Such wholesaler licensed to sell intoxicating liquor and wine containing alcohol in excess of five percent by weight shall not take an order for delivery in a month subsequent to the month in which the order is taken, provided that during the last five business days of each month, orders may be taken for delivery in the following month at the price in effect for that following month and provided, further, that for any order received within the last five business days of a month, the wholesaler may, with the consent of the retailer placing such order, deliver such order to the retailer within the first five business days of the month following the month in which the order was received by such wholesaler at the price in effect for the month in which the order was placed. Such order received within the last five business days of a month and delivered within the first five business days of the subsequent month shall be known as a "delayed shipment". A delayed shipment shall be deemed delivered on the last business day of the month in which the order was received for purposes of implementing and enforcing rules and regulations of the supervisor of alcohol and tobacco control relating to invoicing, discounts and ordinary commercial credit terms.
3. Any wholesaler licensed to sell intoxicating liquors and wines containing alcohol in excess of five percent by weight shall be allowed to offer for sale intoxicating liquors or wines containing alcohol in excess of five percent by weight to persons duly licensed to sell intoxicating liquors and wines at retail at prices which are below the wholesaler's cost only if such intoxicating liquors and wines are designated to be close-out merchandise. Wholesalers shall designate intoxicating liquors and wines containing alcohol in excess of five percent by weight to be close-out merchandise by identifying them such as close-out items when providing monthly pricing information to retailers as required in section 311.333. A wholesaler shall not purchase any intoxicating liquor or wine containing alcohol in excess of five percent by weight while such intoxicating liquor or wine is designated as close-out merchandise. Intoxicating liquors or wines containing alcohol in excess of five percent by weight that are designated as close-out merchandise shall be designated as close-out merchandise for not less than six consecutive months. After such time, a wholesaler may remove items from close-out designation by no longer identifying them as close-out items when providing monthly pricing information to retailers as required in section 311.333.
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(L. 1998 H.B. 1705 § 1, A.L. 2009 H.B. 132)
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.