CCS SS SCS HCS HB 267 -- LIQUOR CONTROL

This bill makes several changes regarding the Division of Liquor
Control.  The bill:

(1)  Expands the definition of "amusement place" to include
certain golf driving ranges, horse arenas, and certain buildings
where baseball, hockey, and basketball are played.  The required
square footage of an amusement place is reduced from 6,000 to
5,000 square feet.  Currently, an amusement place is allowed to
sell intoxicating liquor by the drink for consumption upon the
premises between the hours of 11:00 a.m. and midnight on
Sunday.  The bill allows sales of liquor by the drink to begin
at 9:00 a.m. on Sundays;

(2)  Permits qualified licensees in Camden, Morgan, and Miller
counties located in areas designated as convention trade areas
to sell liquor by the drink until 3:00 a.m.;

(3)  Allows persons licensed to sell malt liquor at retail by
the drink to also sell nonintoxicating beer (3.2%) by the
drink.  This allows licensees the option of selling 3.2% or 5%
beer 7 days a week.  The fee for the license is $25;

(4)  Clarifies language regarding the remittance of license
fees.  Procedures are established regarding checks returned due
to insufficient funds;

(5)  Prohibits political subdivisions, except Kansas City, from
imposing a liquor license disciplinary action stricter than that
imposed by the Supervisor of Liquor Control;

(6)  Expands Sunday sales to include licensees who sell
intoxicating liquor by the drink for consumption on the premises;

(7)  Allows Sunday sales of liquor by the drink without a
special permit on February 14;

(8)  Allows persons at least 18 years old to accept payment for
liquor when acting as a waiter or waitress in a business that
sells food for consumption and has an annual gross income of
$200,000;

(9)  Allows retailers to accept the operator's license issued by
any state as proof of age for the purchase of alcoholic
beverages.  Under current law, retailers may only accept a
license issued by a state bordering Missouri as proof of age;

(10)  Creates the crime of knowingly manufacturing, selling, or
supplying a false identification.  Persons guilty of this crime
are guilty of a class A misdemeanor;

(11)  Allows a liquor licensee or employee of the licensee to
drink intoxicating beverages in the licensee's establishment;

(12)  Prohibits agents of Liquor Control from drinking
intoxicating beverages in a licensee's establishment while on
duty;

(13)  Reduces the fines that may be assessed by Liquor Control
to a minimum of $50 and a maximum of $1,000.  Under current law
the minimum fine is $100 and the maximum is $2,500;

(14)  Requires the Division of Liquor Control to establish rules
for the use of minors in enforcing liquor control laws.  These
rules must include requirements that minors used in
investigations be 18 or 19 years old, be of youthful appearance,
and have the consent of their parent or guardian, and that
attempts by such minors to purchase liquor or beer be videotaped
or audiotaped, and that they show correct identification when
asked and not lie to the seller in order to induce a sale.  If
any investigation by a state, county, city, or other local law
enforcement authority violates the division's rules on the use
of minors, the Supervisor of Liquor Control will not take
disciplinary actions against the license holder on the basis of
the investigation nor cooperate in any prosecution of any
alleged violations discovered by the investigation;

(15)  Requires on-duty liquor control peace officers to
immediately identify themselves upon entering a liquor
licensee's establishment, unless working undercover;

(16)  Expands the definition of boats which may sell liquor by
the drink;

(17)  Allows licensed places of entertainment in St. Louis City,
St. Louis County, and Jackson County to open at 9:00 a.m. on
Sundays;

(18)  Allows distillers or wholesalers to install certain
dispensing accessories at retail business establishments; and

(19)  Deletes certain obsolete language.

HCS HB 267 -- LIQUOR CONTROL (Hoppe)

This substitute makes several changes regarding the Division of
Liquor Control.  The substitute:

(1)  Expands the definition of amusement place to include a golf
driving range with a minimum of 12 driving tees, or a horse
palace or arena where rodeos, horse shows, or horse sales
regularly occur.  An amusement place is allowed to sell
intoxicating liquor by the drink for consumption upon the
premises between the hours of 11:00 a.m. and midnight on Sunday;

(2)  Permits qualified licensees in Camden, Morgan, and Miller
counties located in areas designated as convention trade zones
to sell liquor by the drink until 3:00 a.m.;

(3)  Allows persons licensed to sell malt liquor at retail by
the drink to also sell nonintoxicating beer (3.2%) by the
drink.  This license allows the Sunday sale of 5% beer by the
drink.  The fee for the license is $25;

(4)  Clarifies language regarding the remittance of license
fees.  Procedures are established regarding checks returned due
to insufficient funds;

(5)  Allows the governing body within unincorporated areas of a
county to charge for licenses issued to manufacturers,
distillers, brewers, wholesalers, and retailers of intoxicating
liquor, make and enforce ordinances for the regulation and
control of the sale of intoxicating liquor within their limits,
and provide for penalties for the violation of county ordinances
related to the control of liquor;

(6)  Prohibits Kansas City from any revocation or suspension of
a liquor license unless a state liquor law has been violated;

(7)  Prohibits the sale of liquor by a licensee at any place
upon the premises other than that described on the application
for license.  The premises may be any portion of a building or
property occupied by the business as designated by the business
on the application;

(8)  Expands Sunday sales to include licensees who sell
intoxicating liquor by the drink for consumption on the premises;

(9)  Allows Sunday sales of liquor by the drink without a
special permit on February 14th;

(10)  Creates a $500 fine, in addition to the current penalty
of  being guilty of a misdemeanor, for a liquor licensee or
their employee who transfers intoxicating liquor to any person
under the age of 21 years or to any person appearing to be
intoxicated;

(11)  Allows retailers to accept the operator's license issued
by any state as proof of age for the purchase of alcoholic
beverages.  Under current law, retailers may only accept a
license issued by a state bordering Missouri as proof of age;

(12)  Creates the crime of knowingly manufacturing, selling, or
supplying a false identification.  Persons guilty of this crime
are guilty of a class D felony;

(13)  Allows a liquor licensee or employee of the licensee to
drink intoxicating beverages in the licensee's establishment;

(14)  Prohibits agents of Liquor Control from drinking
intoxicating beverages in a licensee's establishment while on
duty;

(15)  Prohibits the use of persons under the age of 21 in the
enforcement of liquor control laws;

(16)  Requires a peace officer or liquor control investigator to
immediately identify themselves upon entering a liquor
licensee's establishment, unless working undercover; and

(17)  Deletes certain obsolete language.

FISCAL NOTE:  Estimated Net Income to General Revenue Fund of
$575,194 in FY 2000, $164,718 in FY 2001, and $156,382 in FY
2002.

HCS HB 267 -- LIQUOR CONTROL

SPONSOR:  Hoppe

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government and Related Matters by a vote of 14 to 3.

This substitute makes several changes regarding the Division of
Liquor Control.  The substitute:

(1)  Expands the definition of amusement place to include a golf
driving range with a minimum of 12 driving tees, or a horse
palace or arena where rodeos, horse shows, or horse sales
regularly occur.  An amusement place is allowed to sell
intoxicating liquor by the drink for consumption upon the
premises between the hours of 11:00 a.m. and midnight on Sunday;

(2)  Permits qualified licensees in Camden, Morgan, and Miller
counties located in areas designated as convention trade zones
to sell liquor by the drink until 3:00 a.m.;

(3)  Allows persons licensed to sell malt liquor at retail by
the drink to also sell nonintoxicating beer (3.2%) by the
drink.  This license allows the Sunday sale of 5% beer by the
drink.  The fee for the license is $25;

(4)  Clarifies language regarding the remittance of a license
fees.  Procedures are established regarding checks returned due
to insufficient funds;

(5)  Prohibits the sale of liquor by a licensee at any place
upon the premises other than that described on the application
for license.  The premises may be any portion of a building or
property occupied by the business as designated by the business
on the application;

(6)  Allows Sunday sales of liquor by the drink without a
special permit on February 14th;

(7)  Allows retailers to accept the operator's license issued by
any state as proof of age for the purchase of alcoholic
beverages.  Under current law, retailers may only accept a
license issued by a state bordering Missouri as proof of age;

(8)  Creates the crime of knowingly manufacturing, selling, or
supplying a false identification.  Persons guilty of this crime
are guilty of a class D felony;

(9)  Establishes mandatory guidelines for the use of minors in
liquor investigations by state, county, municipal, or other
local law enforcement authorities;

(10)  Allows Kansas City to charge a license fee double the
amount the state charges for a liquor license.  Under current
law the city is allowed to charge one and one-half times the
amount required to be paid the state;

(11)  Prohibits Kansas City from any revocation or suspension of
a liquor license unless a state liquor law has been violated; and

(12)  Deletes certain obsolete language.

FISCAL NOTE:  Estimated Net Income to General Revenue Fund of
$22,000 in FY 2000, FY 2001, and FY 2002.

PROPONENTS:  Supporters say that this bill cleans up old
language in the statutes.  It also allows the Lake of the Ozarks
area to sell liquor in the same way as other convention areas.
The bill will make license fees more equitable.

Testifying for the bill were Representative Hoppe; Lodge of the
Four Seasons; Anheuser-Busch; Missouri Beer Wholesalers
Association; and Missouri Association of Beverage Retailers.

OPPONENTS:  Those who oppose the bill say that the new license
fee is excessive and would force businesses to close down.
There is a need for these 3.2% establishments.

Testifying against the bill was Missouri Association of Beverage
Retailers.

Steve Bauer, Legislative Analyst

HB 267  -- Nonintoxicating Beer

Sponsor:  Hoppe

This bill increases the permit fee authorizing the sale of
nonintoxicating beer for consumption on premises where sold to
$300.  The permit fee is currently $25.

The bill also increases the permit fee authorizing the sale of
nonintoxicating beer by grocers and other merchants and dealers,
for sale in the original package direct to the consumer but not
for resale to $300.  This permit fee is currently $15.