HCS/SB 808 - This act modifies provisions relating to the transfer of intoxicating liquor.POWDERED ALCOHOL (Sections 311.022, 311.185, 311.188)
This act provides that "powdered alcohol" shall be included within the definition of intoxicating liquor.
Currently, a carrier may apply to the Supervisor for Alcohol and Tobacco Control for an alcohol carrier license to direct ship wine. This act establishes that carriers may also apply for a license to direct ship powdered alcohol and that no person shall ship or deliver powdered alcohol except through a licensed carrier.
This provision is identical to HCS/HB 1248 (2018) and a provision of HCS/HB 2364 (2018) and a provision of HB 2155 (2018).
EQUIPMENT AND SUPPLIES PROVIDED TO RETAILERS (Section 311.070)
This act modifies the definitions of "equipment and supplies", and "temporary point-of-sale advertising materials", and creates a definition for "nonrefrigeration keg flow accessories".
Currently, a distiller, wholesaler, winemaker, or brewer may give or sell product displays to a retail business if the total value of such displays does not exceed $300 per brand, per retail outlet. This act changes this limit to $400 per brand, per retail outlet. Further, this act changes the limit on the amount of permanent point-of-sale advertising materials that may be sold or given to a retailer from $500 to $700 per year, per brand, per retail outlet. The replacement of similar permanent point-of-sale advertising materials that are damaged and nonfunctioning shall not apply towards the maximum of $700 dollars.
Currently, all permanent point-of-sale advertising materials provided to a retailer shall be recorded, with such records kept for 3 years. Under this act, records shall only be kept for 2 years.
Under this act, wholesalers, brewers, distillers, and winemakers may install only non-refrigeration beer, or non-refrigeration distilled spirits and wine and beer dispensing accessories at a retail business establishment, and the list of tools that may be lent for such dispensing is limited under this act. Any other dispensing accessories not listed in this act shall be sold in the same manner as other equipment and supplies. Further, certain dispensing accessories and nonrefrigeration keg flow accessories listed in this act may be loaned by a wholesaler, brewer, distiller, or winemaker to a retailer only if a deposit is given by the retailer in an amount that covers the cost of such dispensing accessories and nonrefrigeration keg flow accessories. A deposit payment for such equipment is required if an equipment item is loaned for more than 10 days within a 30 day period. A complete record of equipment given, rented, sold, installed, and loaned, and repairs and services made to a retailer, is required for a period of not less than 2 years.
This act provides that a wholesaler may replace or provide a credit for malt liquor that was delivered in a damaged condition or damaged while in possession of the retailer. Additionally, in order to maintain quality control, a wholesaler may withdraw and replace, with the permission of the retailer, undamaged original carton malt liquor and keg malt liquor from the retailer.
This act provides that wine manufacturers who hold a license to sell intoxicating liquor by the drink at retail for consumption on the premises shall be exempt from a requirement that such liquor be purchased from a distributor so long as it was produced on the premises.
This provision is identical to a provision of HB 2155 (2018) and is similar to SB 834 (2018), HCS/HB 679 (2017), and SB 359 (2017).
WAREHOUSING REQUIREMENT (Sections 311.190 and 311.373)
Currently, all malt beverages purchased for resale prior to being resold at retail shall come into possession of a licensed wholesaler and be distributed from such wholesaler's warehouse. This act repeals this requirement for malt beverages, and instead applies this requirement to all intoxicating liquor except for wines and brandies.
This provision is identical to a provision of HCS/HB 2364 (2018), a provision of HB 2155 (2018), and similar to SB 841 (2018).
EMPLOYEE AGE REQUIREMENTS (Section 311.300)
Currently, licensed wholesalers and retailers may employ persons at least 18 years of age to rotate, stock, and arrange displays at retail establishments licensed to sell intoxicating liquor. This act also allows wholesalers to employ such persons to unload delivery vehicles, transfer intoxicating liquor to retail licensed premises, and retailers to employ such persons to carry liquor to customers cars so long as the wholesaler or retailer has an employee 21 years of age or older on the premises during all hours of operation.
This provision is similar to SB 664 (2018) and a provision of HB 2155 (2018).
RETAIL INDUCEMENTS TO PURCHASES (Section 311.355)
This act permits retailers of intoxicating liquor to offer coupons, premiums, prizes, rebates, loyalty programs, or discounts of any kind as an inducement to purchase nonalcoholic merchandise or intoxicating liquor as well as purchase, publish, or display advertisements of intoxicating liquors that list the amount of the rebate or discount and the retail price after the rebate or discount.
The retailer shall assume the cost of the sale or discounted price. A wholesaler shall not directly or indirectly fund the cost of any cash rebate program and no manufacturer shall directly or indirectly fund the cost of any cash rebate program or loyalty program.
This act prohibits a retailer from advertising any intoxicating liquor or nonintoxicating beer at a price below the retailer's actual cost, including nay combination of coupons, premiums, prices, rebates, loyalty programs, or other discounts.
This provision is identical to HCS/HB 1653 (2018) and a provision of HCS/HB 2364 (2017), a provision of HB 2155 (2018), and similar to SB 758 (2018).
CENTRAL WAREHOUSES(Section 311.367)
This act allows any person, firm, or corporation owning more than one premises, that is licensed to sell intoxicating liquor containing alcohol in excess of 5% by weight at retail, to designate central warehouses to which liquor, except beer and other malt liquor, purchased from a wholesaler may be delivered and stored with the permission of the Supervisor of Liquor Control. The liquor stored in such warehouses may then be transferred to any premise in the state licensed to sell intoxicating liquor at retail which is owned and operated by the same person, firm, or corporation.
This provision is identical to HB 2409 (2018), a provision of HB 2155 (2018), substantially similar to HCS/HB 1141 (2017), and is similar SB 480 (2017).
MIKE WEAVER
HA 1: THIS AMENDMENT REMOVES CERTAIN PROVISIONS RELATING TO POWDERED ALCOHOL.