Qualifications for licenses--resident corporation and financialinterest defined.
311.060. 1. No person shall be granted a license hereunder unlesssuch person is of good moral character and a qualified legal voter and ataxpaying citizen of the county, town, city or village, nor shall anycorporation be granted a license hereunder unless the managing officer ofsuch corporation is of good moral character and a qualified legal voter andtaxpaying citizen of the county, town, city or village; and no person shallbe granted a license or permit hereunder whose license as such dealer hasbeen revoked, or who has been convicted, since the ratification of thetwenty-first amendment to the Constitution of the United States, of aviolation of the provisions of any law applicable to the manufacture orsale of intoxicating liquor, or who employs in his or her business as suchdealer any person whose license has been revoked or who has been convictedof violating such law since the date aforesaid; provided, that nothing inthis section contained shall prevent the issuance of licenses tononresidents of Missouri or foreign corporations for the privilege ofselling to duly licensed wholesalers and soliciting orders for the sale ofintoxicating liquors to, by or through a duly licensed wholesaler, withinthis state.
2. (1) No person, partnership or corporation shall be qualified fora license under this law if such person, any member of such partnership, orsuch corporation, or any officer, director, or any stockholder owning,legally or beneficially, directly or indirectly, ten percent or more of thestock of such corporation, or other financial interest therein, or tenpercent or more of the interest in the business for which the person,partnership or corporation is licensed, or any person employed in thebusiness licensed under this law shall have had a license revoked underthis law or shall have been convicted of violating the provisions of anylaw applicable to the manufacture or sale of intoxicating liquor since theratification of the twenty-first amendment to the Constitution of theUnited States, or shall not be a person of good moral character.
(2) No license issued under this chapter shall be denied, suspended,revoked or otherwise affected based solely on the fact that an employee ofthe licensee has been convicted of a felony unrelated to the manufacture orsale of intoxicating liquor. Each employer shall report the identity ofany employee convicted of a felony to the division of liquor control. Thedivision of liquor control shall promulgate rules to enforce the provisionsof this subdivision.
(3) No wholesaler license shall be issued to a corporation for thesale of intoxicating liquor containing alcohol in excess of five percent byweight, except to a resident corporation as defined in this section.
3. A "resident corporation" is defined to be a corporationincorporated under the laws of this state, all the officers and directorsof which, and all the stockholders, who legally and beneficially own orcontrol sixty percent or more of the stock in amount and in voting rights,shall be qualified legal voters and taxpaying citizens of the county andmunicipality in which they reside and who shall have been bona fideresidents of the state for a period of three years continuously immediatelyprior to the date of filing of application for a license, provided that astockholder need not be a voter or a taxpayer, and all the residentstockholders of which shall own, legally and beneficially, at least sixtypercent of all the financial interest in the business to be licensed underthis law; provided, that no corporation, licensed under the provisions ofthis law on January 1, 1947, nor any corporation succeeding to the businessof a corporation licensed on January 1, 1947, as a result of a tax-freereorganization coming within the provisions of Section 112, United StatesInternal Revenue Code, shall be disqualified by reason of the newrequirements herein, except corporations engaged in the manufacture ofalcoholic beverages containing alcohol in excess of five percent by weight,or owned or controlled, directly or indirectly, by nonresident persons,partnerships or corporations engaged in the manufacture of alcoholicbeverages containing alcohol in excess of five percent by weight.
4. The term "financial interest" as used in this chapter is definedto mean all interest, legal or beneficial, direct or indirect, in thecapital devoted to the licensed enterprise and all such interest in the netprofits of the enterprise, after the payment of reasonable and necessaryoperating business expenses and taxes, including interest in dividends,preferred dividends, interest and profits, directly or indirectly paid ascompensation for, or in consideration of interest in, or for use of, thecapital devoted to the enterprise, or for property or money advanced,loaned or otherwise made available to the enterprise, except by way ofordinary commercial credit or bona fide bank credit not in excess of creditcustomarily granted by banking institutions, whether paid as dividends,interest or profits, or in the guise of royalties, commissions, salaries,or any other form whatsoever.
5. The supervisor shall by regulation require all applicants forlicenses to file written statements, under oath, containing the informationreasonably required to administer this section. Statements by applicantsfor licenses as wholesalers and retailers shall set out, with otherinformation required, full information concerning the residence of allpersons financially interested in the business to be licensed as requiredby regulation. All material changes in the information filed shall bepromptly reported to the supervisor.
(RSMo 1939 § 4906, A.L. 1947 V. I p. 370, A.L. 1987 H.B. 520 merged with H.B. 62 & 70, A.L. 2009 H.B. 132)
(2003) Provision prohibiting person convicted of felony from engaging in direct retail sale of intoxicating liquors must be interpreted consistently with section 561.016 requirement of finding a reasonable relationship between such conviction and the employee's disqualification. Levinson v. State, 104 S.W.3d 409 (Mo.banc).
Qualifications for licenses--resident corporation and financialinterest defined.
311.060. 1. No person shall be granted a license hereunder unlesssuch person is of good moral character and a qualified legal voter and ataxpaying citizen of the county, town, city or village, nor shall anycorporation be granted a license hereunder unless the managing officer ofsuch corporation is of good moral character and a qualified legal voter andtaxpaying citizen of the county, town, city or village; and no person shallbe granted a license or permit hereunder whose license as such dealer hasbeen revoked, or who has been convicted, since the ratification of thetwenty-first amendment to the Constitution of the United States, of aviolation of the provisions of any law applicable to the manufacture orsale of intoxicating liquor, or who employs in his or her business as suchdealer any person whose license has been revoked or who has been convictedof violating such law since the date aforesaid; provided, that nothing inthis section contained shall prevent the issuance of licenses tononresidents of Missouri or foreign corporations for the privilege ofselling to duly licensed wholesalers and soliciting orders for the sale ofintoxicating liquors to, by or through a duly licensed wholesaler, withinthis state.
2. (1) No person, partnership or corporation shall be qualified fora license under this law if such person, any member of such partnership, orsuch corporation, or any officer, director, or any stockholder owning,legally or beneficially, directly or indirectly, ten percent or more of thestock of such corporation, or other financial interest therein, or tenpercent or more of the interest in the business for which the person,partnership or corporation is licensed, or any person employed in thebusiness licensed under this law shall have had a license revoked underthis law or shall have been convicted of violating the provisions of anylaw applicable to the manufacture or sale of intoxicating liquor since theratification of the twenty-first amendment to the Constitution of theUnited States, or shall not be a person of good moral character.
(2) No license issued under this chapter shall be denied, suspended,revoked or otherwise affected based solely on the fact that an employee ofthe licensee has been convicted of a felony unrelated to the manufacture orsale of intoxicating liquor. Each employer shall report the identity ofany employee convicted of a felony to the division of liquor control. Thedivision of liquor control shall promulgate rules to enforce the provisionsof this subdivision.
(3) No wholesaler license shall be issued to a corporation for thesale of intoxicating liquor containing alcohol in excess of five percent byweight, except to a resident corporation as defined in this section.
3. A "resident corporation" is defined to be a corporationincorporated under the laws of this state, all the officers and directorsof which, and all the stockholders, who legally and beneficially own orcontrol sixty percent or more of the stock in amount and in voting rights,shall be qualified legal voters and taxpaying citizens of the county andmunicipality in which they reside and who shall have been bona fideresidents of the state for a period of three years continuously immediatelyprior to the date of filing of application for a license, provided that astockholder need not be a voter or a taxpayer, and all the residentstockholders of which shall own, legally and beneficially, at least sixtypercent of all the financial interest in the business to be licensed underthis law; provided, that no corporation, licensed under the provisions ofthis law on January 1, 1947, nor any corporation succeeding to the businessof a corporation licensed on January 1, 1947, as a result of a tax-freereorganization coming within the provisions of Section 112, United StatesInternal Revenue Code, shall be disqualified by reason of the newrequirements herein, except corporations engaged in the manufacture ofalcoholic beverages containing alcohol in excess of five percent by weight,or owned or controlled, directly or indirectly, by nonresident persons,partnerships or corporations engaged in the manufacture of alcoholicbeverages containing alcohol in excess of five percent by weight.
4. The term "financial interest" as used in this chapter is definedto mean all interest, legal or beneficial, direct or indirect, in thecapital devoted to the licensed enterprise and all such interest in the netprofits of the enterprise, after the payment of reasonable and necessaryoperating business expenses and taxes, including interest in dividends,preferred dividends, interest and profits, directly or indirectly paid ascompensation for, or in consideration of interest in, or for use of, thecapital devoted to the enterprise, or for property or money advanced,loaned or otherwise made available to the enterprise, except by way ofordinary commercial credit or bona fide bank credit not in excess of creditcustomarily granted by banking institutions, whether paid as dividends,interest or profits, or in the guise of royalties, commissions, salaries,or any other form whatsoever.
5. The supervisor shall by regulation require all applicants forlicenses to file written statements, under oath, containing the informationreasonably required to administer this section. Statements by applicantsfor licenses as wholesalers and retailers shall set out, with otherinformation required, full information concerning the residence of allpersons financially interested in the business to be licensed as requiredby regulation. All material changes in the information filed shall bepromptly reported to the supervisor.
(RSMo 1939 § 4906, A.L. 1947 V. I p. 370, A.L. 1987 H.B. 520 merged with H.B. 62 & 70, A.L. 2009 H.B. 132)
(2003) Provision prohibiting person convicted of felony from engaging in direct retail sale of intoxicating liquors must be interpreted consistently with section 561.016 requirement of finding a reasonable relationship between such conviction and the employee's disqualification. Levinson v. State, 104 S.W.3d 409 (Mo.banc).
Qualifications for licenses--resident corporation and financialinterest defined.
311.060. 1. No person shall be granted a license hereunder unlesssuch person is of good moral character and a qualified legal voter and ataxpaying citizen of the county, town, city or village, nor shall anycorporation be granted a license hereunder unless the managing officer ofsuch corporation is of good moral character and a qualified legal voter andtaxpaying citizen of the county, town, city or village; and no person shallbe granted a license or permit hereunder whose license as such dealer hasbeen revoked, or who has been convicted, since the ratification of thetwenty-first amendment to the Constitution of the United States, of aviolation of the provisions of any law applicable to the manufacture orsale of intoxicating liquor, or who employs in his or her business as suchdealer any person whose license has been revoked or who has been convictedof violating such law since the date aforesaid; provided, that nothing inthis section contained shall prevent the issuance of licenses tononresidents of Missouri or foreign corporations for the privilege ofselling to duly licensed wholesalers and soliciting orders for the sale ofintoxicating liquors to, by or through a duly licensed wholesaler, withinthis state.
2. (1) No person, partnership or corporation shall be qualified fora license under this law if such person, any member of such partnership, orsuch corporation, or any officer, director, or any stockholder owning,legally or beneficially, directly or indirectly, ten percent or more of thestock of such corporation, or other financial interest therein, or tenpercent or more of the interest in the business for which the person,partnership or corporation is licensed, or any person employed in thebusiness licensed under this law shall have had a license revoked underthis law or shall have been convicted of violating the provisions of anylaw applicable to the manufacture or sale of intoxicating liquor since theratification of the twenty-first amendment to the Constitution of theUnited States, or shall not be a person of good moral character.
(2) No license issued under this chapter shall be denied, suspended,revoked or otherwise affected based solely on the fact that an employee ofthe licensee has been convicted of a felony unrelated to the manufacture orsale of intoxicating liquor. Each employer shall report the identity ofany employee convicted of a felony to the division of liquor control. Thedivision of liquor control shall promulgate rules to enforce the provisionsof this subdivision.
(3) No wholesaler license shall be issued to a corporation for thesale of intoxicating liquor containing alcohol in excess of five percent byweight, except to a resident corporation as defined in this section.
3. A "resident corporation" is defined to be a corporationincorporated under the laws of this state, all the officers and directorsof which, and all the stockholders, who legally and beneficially own orcontrol sixty percent or more of the stock in amount and in voting rights,shall be qualified legal voters and taxpaying citizens of the county andmunicipality in which they reside and who shall have been bona fideresidents of the state for a period of three years continuously immediatelyprior to the date of filing of application for a license, provided that astockholder need not be a voter or a taxpayer, and all the residentstockholders of which shall own, legally and beneficially, at least sixtypercent of all the financial interest in the business to be licensed underthis law; provided, that no corporation, licensed under the provisions ofthis law on January 1, 1947, nor any corporation succeeding to the businessof a corporation licensed on January 1, 1947, as a result of a tax-freereorganization coming within the provisions of Section 112, United StatesInternal Revenue Code, shall be disqualified by reason of the newrequirements herein, except corporations engaged in the manufacture ofalcoholic beverages containing alcohol in excess of five percent by weight,or owned or controlled, directly or indirectly, by nonresident persons,partnerships or corporations engaged in the manufacture of alcoholicbeverages containing alcohol in excess of five percent by weight.
4. The term "financial interest" as used in this chapter is definedto mean all interest, legal or beneficial, direct or indirect, in thecapital devoted to the licensed enterprise and all such interest in the netprofits of the enterprise, after the payment of reasonable and necessaryoperating business expenses and taxes, including interest in dividends,preferred dividends, interest and profits, directly or indirectly paid ascompensation for, or in consideration of interest in, or for use of, thecapital devoted to the enterprise, or for property or money advanced,loaned or otherwise made available to the enterprise, except by way ofordinary commercial credit or bona fide bank credit not in excess of creditcustomarily granted by banking institutions, whether paid as dividends,interest or profits, or in the guise of royalties, commissions, salaries,or any other form whatsoever.
5. The supervisor shall by regulation require all applicants forlicenses to file written statements, under oath, containing the informationreasonably required to administer this section. Statements by applicantsfor licenses as wholesalers and retailers shall set out, with otherinformation required, full information concerning the residence of allpersons financially interested in the business to be licensed as requiredby regulation. All material changes in the information filed shall bepromptly reported to the supervisor.
(RSMo 1939 § 4906, A.L. 1947 V. I p. 370, A.L. 1987 H.B. 520 merged with H.B. 62 & 70, A.L. 2009 H.B. 132)
(2003) Provision prohibiting person convicted of felony from engaging in direct retail sale of intoxicating liquors must be interpreted consistently with section 561.016 requirement of finding a reasonable relationship between such conviction and the employee's disqualification. Levinson v. State, 104 S.W.3d 409 (Mo.banc).
