CCS/HCS/SS/SCS/SB 298 - This act removes a provision of the liquor control law which has been found unconstitutional as a violation of the Establishment Clause of the First Amendment to the U.S. Constitution and as an improper delegation of sovereign power to a church, in "Larkin v. Grendel's Den", 459 U.S. 116. The act no longer allows a Board of Directors of a school or the managing Board of a church to grant a waiver for the sale of intoxicating liquor within one hundred feet of their respective school, church, or other building regularly used as a place of religious worship.

The act allows the governing body of any city, town or village by ordinance to prohibit the sale of intoxicating liquor within three hundred feet of a school, church, or other building regularly used as a place of religious worship. The act changes the time of opening from 11:00 a.m. to 9:00 a.m. for the sale of packaged liquor at retail and the sale of liquor on Sundays in restaurant bars, amusement places, and places of entertainment The act also changes the time on Sundays in which intoxicating liquor by the drink may begin being sold from 11:00 a.m. to that of 8:00 a.m. on property in Jackson County that is primarily used for professional sporting events. Further, the act changes the time on Sundays in which intoxicating liquor by the drink at retail for consumption on the premises of any restaurant bar or in an establishment having at least forty rooms for the overnight accommodation of transient guests may begin being sold from 11:00 a.m. to that of 9:00 a.m.

The act prohibits the holder of a microbrewer's license, his agents, or affiliates from possessing more than ten licenses to sell intoxicating liquor by the drink at retail for consumption on such premises. Further, the act exempts microbrewer's who hold a license to sell intoxicating liquor by the drink at retail for consumption on the premises to sell their product that was produced on-site without complying with Section 311.280, RSMo. However, all other intoxicating liquor sold by the drink at retail for consumption on the microbrewer's premises must be obtained in compliance with Section 311.280, RSMo.

To obtain a permit to sell malt liquor in excess of three and two-tenths percent and below that of five percent by weight, in the original package, not for resale, a fee of fifty dollars rather than fifteen is now required. Any person licensed to sell malt liquor containing alcohol in excess of three and two-tenths percent by weight and not in excess of five percent by weight under Section 311.200(2) RSMo, may also sell malt liquor at retail between the hours of 9:00 a.m. and midnight on Sunday.

A fee of fifty dollars shall be required of all licensees who may sell malt liquor at retail by the drink for consumption on the premises where sold, pursuant to Section 311.200(3), RSMo. Such license holders may sell malt liquor at retail between the hours of 9:00 a.m. and midnight on Sunday. A fee of fifty dollars shall be required of all license holders of a permit to sell malt liquor and fine wines of less than fourteen percent by weight at retail per year.

A fee of fifty dollars shall be required of all licensees who may sale of malt liquor and light wines containing not in excess of fourteen percent of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink for consumption on the premises where sold

The act, in Section 311.260, divides the current statutory language into a more understandable form and adds an exemption to the limit of three liquor licenses pursuant to Section 311.260, RSMo, for establishments having at least forty rooms for the overnight accommodation of transient guests.

The act adds a new Subsection to Section 311.280, RSMo, which prohibits a licensed retailer from selling liquor or nonintoxicating beer with an alcohol content below five percent by weight to a customer in an original carton, if the carton has been mutilated, torn apart, or cut apart. Additionally the retailer may not repackage said substance in a misleading manner or if required labeling would be omitted or obscured.

The act combines the subsections of Section 311.290, RSMo, which addresses the prohibition of the sale, gift, or other disposal of intoxicating liquor between the hours of 1:30 a.m. and 6:00 a.m. by a license holder on or about the owners premises.

The act allows a license holder for the sale of intoxicating liquor to make such sales between the hours of 9:00 a.m. and midnight on sundays upon receipt of a special licenses for such purpose.

The act modifies Section 311.325 RSMo, resulting in language that states a manufacturer-sealed container describing the intoxicating liquor therein need not be opened or tested to verify said liquid is contained therein for purposes of Chapter 311, RSMo. An alleged violator may challenge that the contents of the container are not an nonintoxicating liquor, but the burden of proof is on the alleged violator.

The act clarifies that Section 311.328 RSMo, applies only to a valid or unexpired operator's or chauffeur's license. The act also expands the requirement of presentation of identification for the purpose of purchasing alcohol and the like to residents of all states rather than only five as in current law.

The act removes subsection 2 of Section 311.360, RSMo, which addresses the sale of malt liquor that is manufactured at a facility other than that of the individual who's name appears on the label.

The act repeals provisions of current law that allow savings and loan association and credit unions to sell intoxicating liquor they have repossessed as collateral.

The act restricts the sale of nonintoxicating beer to establishments that have a license for the sale of intoxicating liquor.

The act, in Section 311.630, RSMo, allows peace officers designated under the Director of Alcohol and Tobacco Control to make arrests and searches and seizures related to violations of intoxicating liquor and nonintoxicating beer pursuant to Chapters 311 and 312, RSMo. Further such individuals may make arrests, searches and seizures related to violations of Section 407.924 to 407.934, RSMo, which relate to tobacco products. The act removes the stated training requirements for such peace officers and in lieu of such requirements, requires that the individual be appointed, qualified under Section 311.620, RSMo, and hold a valid peace officer license under Chapter 590, RSMo.

The act modifies Section 312.407, RSMo, resulting in language that states a manufacturer-sealed container describing the nonintoxicating beer therein need not be opened or tested to verify said liquid is contained therein for purposes of Chapter 312, RSMo. An alleged violator may challenge that the contents of the container are not an nonintoxicating beer, but the burden of proof is on the alleged violator.

The act, under Section 312.410, RSMo, modifies current language and prevents a license holder from selling, giving or permitting consumption of any nonintoxicating beer between the hours of one-thirty a.m., and six a.m. upon or about the license holders premises.

The establishment of the Division of Liquor Control can not be found in statute thus, a new section is created which establishes such Division and revises its name to that of the Division of Alcohol and Tobacco Control.

Additionally, to reflect the name change of the Division of Liquor Control and the Supervisor of Liquor Control to that of the Division of Alcohol and Tobacco Control and Supervisor of Alcohol and Tobacco Control, this act makes the stated name change in every location where the term "liquor control" is found in the act. For all other locations within statute where the Division of Liquor Control or Supervisor of Liquor Control is referred, a provision of the new section states that such terms shall mean the Division of Alcohol and Tobacco Control and the Supervisor Alcohol and Tobacco Control.

No person less than nineteen years of age shall be permitted to dance in an adult cabaret. Any individual less than nineteen who dances in an adult cabaret or allows such person to dance is guilty of a Class A misdemeanor.

The act requires a liquor retailer to attach a label to each keg that is sold for off-premise consumption. The purchaser of the keg is required to present positive identification, and the retailer must keep records regarding the identification of the keg and purchaser. The purchaser must also sign a statement acknowledging that the misuse of the keg or its contents may result in civil liability, criminal prosecution, or both. The retailer must keep the registration records for three months. The retailer may not refund a keg deposit unless the label is attached to the keg when returned. The provisions of law regarding keg registration become effective on July 1, 2004.

Certain establishment who qualifies for a intoxicating liquor license within St. Louis City or Jackson County and such establishment is located within a resort area, convention trade area or enterprise zone may apply for a Sunday by the drink license for the hours between 9:00 a.m. and midnight.
RICHARD MOORE