This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0933 - Regulates Auctioning of Vintage Wine
L.R. NO. 3452-04
BILL NO. Truly Agreed To and Finally Passed HCS for SB 933
SUBJECT: Liquor: Wine
TYPE: Original
DATE: May 22, 1996
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
General Revenue $10,834 $13,000 $13,000
Total Estimated
Net Effect on All
State Funds $10,834 $13,000 $13,000
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
None $0 $0 $0
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Local Government $1,042 $1,250 $1,250
FISCAL ANALYSIS
ASSUMPTION
Officials of the Department of Revenue, Department of Economic Development,
Office of the Attorney General, Office of Administration and the Missouri
Sheriff's Association assume this proposal would not fiscally impact their
agency.
Officials of the Office of the State Courts Administrator, Office of the
State Public Defender and the Office of Prosecution Services assume this
proposal would have a minimal fiscal impact on their agency.
Officials of the Department of Public Safety - Division of Liquor Control
assume:
STATE REVENUE
The Division of Liquor Control prepares approximately 20 Violation Reports
annually, with an average of two violations per report. Therefore, it is
estimated that the 40 cited wholesaler violations of Liquor Control Laws will
have the following civil penalties imposed pursuant to Section 311.680.2:
Violations Penalty Imposed Total Dollars
8 @ $ 0 $ 0
20 @ $ 100 $ 2,000
4 @ $ 250 $ 1,000
3 @ $ 500 $ 1,500
2 @ $ 1,000 $ 2,000
1 @ $ 1,500 $ 1,500
1 @ $ 2,000 $ 2,000
1 @ $ 2,500 $ 2,500
40 $ 12,500
Officials of Liquor Control assume this proposal would also allow the
Supervisor of Liquor Control to issue a $500 license to a auctioneer located
within a city in the county of the first class with a charter form of
government who has continuously been in business for a period of ten years.
STATE REVENUE
It is estimated that one vintage wine auctioning license will be issued
annually, which will generate $500 revenue annually.
LOCAL REVENUE
Section 311.220, RSMo, requires all liquor licensees to pay an amount equal
to state license fees into the county treasury, and an amount equal to one
and one-half times the state license fee into the municipal treasury.
County Revenue - 1 license x $500 = $500 annually.
City Revenue - 1 license x $500 x 1.5 = $750 annually.
FISCAL IMPACT - State Government FY 1997 FY 1998 FY 1999
(10 Mo.)
GENERAL REVENUE FUND
Income - Liquor Control
Auctioning License $417 $500 $500
Income - Liquor Control
Civil Penalties $10,417 $12,500 $12,500
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND $10,834 $13,000 $13,000
FISCAL IMPACT - Local Government FY 1997 FY 1998 FY 1999
(10 Mo.)
Income - County
License Fees $417 $500 $500
Income - City
License Fees $625 $750 $750
ESTIMATED NET EFFECT ON
LOCAL FUNDS $1,042 $1,250 $1,250
DESCRIPTION
This proposal would allow the Supervisor of Liquor Control to issue a license
for the selling of vintage wine at auction, by an auctioneer licensed
pursuant to Chapter 343, RSMo. The one year license will allow the
auctioneer to conduct no more than six auctions of vintage wine per year.
Vintage wine may be shipped to an auctioneer from any location within
Missouri. This proposal also addresses the issues of vintage wine packaging,
tasting and labeling.
It would allow persons at least 18 years of age to rotate, stock, and arrange
displays at retail establishments licensed to sell intoxicating liquor or
nonintoxicating beer. It would allow employees of wholesalers and retailers
that are at least 18 years of age, to operate a cash register or scanner for
the sale of intoxicating liquor or non-intoxicating beer on the licensee's
premises.
This proposal would regulate allowable business dealings between brewers,
wholesalers, distillers, winemakers, and retail business that sell
intoxicating liquors.
It would remove the crime of misdemeanor for violations of subsection one of
section 311.070, RSMo.
This proposal would authorize the Supervisor of Liquor Control to impose
civil penalties against any wholesaler licensed pursuant to chapter 311 or
312; of not less than $100, or more than $2,500 for each violation of Liquor
Control Laws. The civil penalties may be imposed against licensees in lieu
of, or in addition to; warnings, probation, suspension or revocation actions.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Department of Public Safety - Division of Liquor Control
State Courts Administrator
Department of Economic Development
Department of Revenue
Office of the Attorney General
State Public Defender
Office of Prosecution Services
Office of Administration
Missouri Sheriff's Association