Financial interest in retail businesses by certain licenseesprohibited, exceptions--penalties--definitions--activitiespermitted between wholesalers and licensees--certain contractsunenforceable--contributions to certain organizations permitted,when--sale of Missouri wines only, license issued, when.
311.070. 1. Distillers, wholesalers, winemakers, brewers or theiremployees, officers or agents shall not, except as provided in thissection, directly or indirectly, have any financial interest in the retailbusiness for sale of intoxicating liquors, and shall not, except asprovided in this section, directly or indirectly, loan, give away orfurnish equipment, money, credit or property of any kind, except ordinarycommercial credit for liquors sold to such retail dealers. However,notwithstanding any other provision of this chapter to the contrary, forthe purpose of the promotion of tourism, a distiller whose manufacturingestablishment is located within this state may apply for and the supervisorof liquor control may issue a license to sell intoxicating liquor, as inthis chapter defined, by the drink at retail for consumption on thepremises where sold; and provided further that the premises so licensedshall be in close proximity to the distillery and may remain open betweenthe hours of 6:00 a.m. and midnight, Monday through Saturday and betweenthe hours of 11:00 a.m. and 9:00 p.m., Sunday. The authority for thecollection of fees by cities and counties as provided in section 311.220,and all other laws and regulations relating to the sale of liquor by thedrink for consumption on the premises where sold, shall apply to the holderof a license issued under the provisions of this section in the same manneras they apply to establishments licensed under the provisions of section311.085, 311.090, or 311.095.
2. Any distiller, wholesaler, winemaker or brewer who shall violatethe provisions of subsection 1 of this section, or permit his employees,officers or agents to do so, shall be guilty of a misdemeanor, and uponconviction thereof shall be punished as follows:
(1) For the first offense, by a fine of one thousand dollars;
(2) For a second offense, by a fine of five thousand dollars; and
(3) For a third or subsequent offense, by a fine of ten thousanddollars or the license of such person shall be revoked.
3. As used in this section, the following terms mean:
(1) "Consumer advertising specialties", advertising items that aredesigned to be carried away by the consumer, such items include, but arenot limited to: trading stamps, nonalcoholic mixers, pouring racks, ashtrays, bottle or can openers, cork screws, shopping bags, matches, printedrecipes, pamphlets, cards, leaflets, blotters, postcards, pencils, shirts,caps and visors;
(2) "Equipment and supplies", glassware (or similar containers madeof other material), dispensing accessories, carbon dioxide (and othergasses used in dispensing equipment) or ice. "Dispensing accessories"include standards, faucets, cold plates, rods, vents, taps, tap standards,hoses, washers, couplings, gas gauges, vent tongues, shanks, and checkvalves;
(3) "Permanent point-of-sale advertising materials", advertisingitems designed to be used within a retail business establishment for anextended period of time to attract consumer attention to the products of adistiller, wholesaler, winemaker or brewer. Such materials shall onlyinclude inside signs (electric, mechanical or otherwise), mirrors, andsweepstakes/contest prizes displayed on the licensed premises;
(4) "Product display", wine racks, bins, barrels, casks, shelving orsimilar items the primary function of which is to hold and display consumerproducts;
(5) "Promotion", an advertising and publicity campaign to further theacceptance and sale of the merchandise or products of a distiller,wholesaler, winemaker or brewer;
(6) "Temporary point-of-sale advertising materials", advertisingitems designed to be used for short periods of time. Such materialsinclude, but are not limited to: banners, decorations reflecting aparticular season or a limited-time promotion, or paper napkins, coasters,cups, or menus.
4. Notwithstanding other provisions contained herein, the distiller,wholesaler, winemaker or brewer, or their employees, officers or agents mayengage in the following activities with a retail licensee licensed pursuantto this chapter:
(1) The distiller, wholesaler, winemaker or brewer may give or sellproduct displays to a retail business if all of the following requirementsare met:
(a) The total value of all product displays given or sold to a retailbusiness shall not exceed three hundred dollars per brand at any one timein any one retail outlet. There shall be no combining or pooling of thethree hundred dollar limits to provide a retail business a product displayin excess of three hundred dollars per brand. The value of a productdisplay is the actual cost to the distiller, wholesaler, winemaker orbrewer who initially purchased such product display. Transportation andinstallation costs shall be excluded;
(b) All product displays shall bear in a conspicuous mannersubstantial advertising matter on the product or the name of the distiller,wholesaler, winemaker or brewer. The name and address of the retailbusiness may appear on the product displays; and
(c) The giving or selling of product displays may be conditioned onthe purchase of intoxicating beverages advertised on the displays by theretail business in a quantity necessary for the initial completion of theproduct display. No other condition shall be imposed by the distiller,wholesaler, winemaker or brewer on the retail business in order for suchretail business to obtain the product display;
(2) Notwithstanding any provision of law to the contrary, thedistiller, wholesaler, winemaker or brewer may provide, give or sell anypermanent point-of-sale advertising materials, temporary point-of-saleadvertising materials, and consumer advertising specialties to a retailbusiness if all the following requirements are met:
(a) The total value of all permanent point-of-sale advertisingmaterials provided to a retail business by a distiller, wholesaler,winemaker, or brewer shall not exceed five hundred dollars per calendaryear, per brand, per retail outlet. The value of permanent point-of-saleadvertising materials is the actual cost to the distiller, wholesaler,winemaker or brewer who initially purchased such item. Transportation andinstallation costs shall be excluded. All permanent point-of-saleadvertising materials provided to a retailer shall be recorded, and recordsshall be maintained for a period of three years;
(b) The provider of permanent point-of-sale advertising materialsshall own and otherwise control the use of permanent point-of-saleadvertising materials that are provided by any distiller, wholesaler,winemaker, or brewer;
(c) All permanent point-of-sale advertising materials, temporarypoint-of-sale advertising materials, and consumer advertising specialtiesshall bear in a conspicuous manner substantial advertising matter about theproduct or the name of the distiller, wholesaler, winemaker or brewer. Thename, address and logos of the retail business may appear on the permanentpoint-of-sale advertising materials, temporary point-of-sale advertisingmaterials, or the consumer advertising specialties; and
(d) The distiller, wholesaler, winemaker or brewer shall not directlyor indirectly pay or credit the retail business for using or distributingthe permanent point-of-sale advertising materials, temporary point-of-saleadvertising materials, or consumer advertising specialties or for anyincidental expenses arising from their use or distribution;
(3) A distiller, wholesaler, winemaker, or brewer may give a gift notto exceed a value of one thousand dollars per year to a holder of atemporary permit as defined in section 311.482;
(4) The distiller, wholesaler, winemaker or brewer may sell equipmentor supplies to a retail business if all the following requirements are met:
(a) The equipment and supplies shall be sold at a price not less thanthe cost to the distiller, wholesaler, winemaker or brewer who initiallypurchased such equipment and supplies; and
(b) The price charged for the equipment and supplies shall becollected in accordance with credit regulations as established in the codeof state regulations;
(5) The distiller, wholesaler, winemaker or brewer may installdispensing accessories at the retail business establishment, which shallinclude for the purposes of beer equipment to properly preserve and servedraught beer only and to facilitate the delivery to the retailer thebrewers and wholesalers may lend, give, rent or sell and they may installor repair any of the following items or render to retail licensees any ofthe following services: beer coils and coil cleaning, sleeves andwrappings, box couplings and draft arms, beer faucets and tap markers, beerand air hose, taps, vents and washers, gauges and regulators, beer and airdistributors, beer line insulation, coil flush hose, couplings and bucketpumps; portable coil boxes, air pumps, blankets or other coverings fortemporary wrappings of barrels, coil box overflow pipes, tilting platforms,bumper boards, skids, cellar ladders and ramps, angle irons, ice boxgrates, floor runways; and damage caused by any beer delivery excludingnormal wear and tear and a complete record of equipment furnished andinstalled and repairs and service made or rendered must be kept by thebrewer or wholesalers furnishing, making or rendering same for a period ofnot less than one year;
(6) The distiller, wholesaler, winemaker or brewer may furnish, giveor sell coil cleaning service to a retailer of distilled spirits, wine ormalt beverages;
(7) A wholesaler of intoxicating liquor may furnish or give and aretailer may accept a sample of distilled spirits or wine as long as theretailer has not previously purchased the brand from that wholesaler, ifall the following requirements are met:
(a) The wholesaler may furnish or give not more than seven hundredfifty milliliters of any brand of distilled spirits and not more than sevenhundred fifty milliliters of any brand of wine; if a particular product isnot available in a size within the quantity limitations of this subsection,a wholesaler may furnish or give to a retailer the next larger size;
(b) The wholesaler shall keep a record of the name of the retailerand the quantity of each brand furnished or given to such retailer;
(c) For the purposes of this subsection, no samples of intoxicatingliquor provided to retailers shall be consumed on the premises nor shallany sample of intoxicating liquor be opened on the premises of the retailerexcept as provided by the retail license;
(d) For the purpose of this subsection, the word "brand" refers todifferences in brand name of product or differences in nature of product;examples of different brands would be products having a difference in:brand name; class, type or kind designation; appellation of origin (wine);viticulture area (wine); vintage date (wine); age (distilled spirits); orproof (distilled spirits); differences in packaging such a different style,type, size of container, or differences in color or design of a label arenot considered different brands;
(8) The distiller, wholesaler, winemaker or brewer may package anddistribute intoxicating beverages in combination with other nonalcoholicitems as originally packaged by the supplier for sale ultimately toconsumers; notwithstanding any provision of law to the contrary, for thepurpose of this subsection, intoxicating liquor and wine wholesalers arenot required to charge for nonalcoholic items any more than the actual costof purchasing such nonalcoholic items from the supplier;
(9) The distiller, wholesaler, winemaker or brewer may sell or givethe retail business newspaper cuts, mats or engraved blocks for use in theadvertisements of the retail business;
(10) The distiller, wholesaler, winemaker or brewer may in anadvertisement list the names and addresses of two or more unaffiliatedretail businesses selling its product if all of the following requirementsare met:
(a) The advertisement shall not contain the retail price of theproduct;
(b) The listing of the retail businesses shall be the only referenceto such retail businesses in the advertisement;
(c) The listing of the retail businesses shall be relativelyinconspicuous in relation to the advertisement as a whole; and
(d) The advertisement shall not refer only to one retail business oronly to a retail business controlled directly or indirectly by the sameretail business;
(11) Distillers, winemakers, wholesalers, brewers or retailers mayconduct a local or national sweepstakes/contest upon a licensed retailpremise. The sweepstakes/contest prize dollar amount shall not be limitedand can be displayed in a photo, banner, or other temporary point-of-saleadvertising materials on a licensed premises, if the following requirementsare met:
(a) No money or something of value is given to the retailer for theprivilege or opportunity of conducting the sweepstakes or contest; and
(b) The actual sweepstakes/contest prize is not displayed on thelicensed premises if the prize value exceeds the permanent point-of-saleadvertising materials dollar limit provided in this section;
(12) The distiller, wholesaler, winemaker or brewer may stock,rotate, rearrange or reset the products sold by such distiller, wholesaler,winemaker or brewer at the establishment of the retail business so long asthe products of any other distiller, wholesaler, winemaker or brewer arenot altered or disturbed;
(13) The distiller, wholesaler, winemaker or brewer may provide arecommended shelf plan or shelf schematic for distilled spirits, wine ormalt beverages;
(14) The distiller, wholesaler, winemaker or brewer participating inthe activities of a retail business association may do any of thefollowing:
(a) Display, serve, or donate its products at or to a convention ortrade show;
(b) Rent display booth space if the rental fee is the same paid byall others renting similar space at the association activity;
(c) Provide its own hospitality which is independent from theassociation activity;
(d) Purchase tickets to functions and pay registration or sponsorshipfees if such purchase or payment is the same as that paid by all attendees,participants or exhibitors at the association activity;
(e) Make payments for advertisements in programs or brochures issuedby retail business associations if the total payments made for all suchadvertisements are fair and reasonable;
(f) Pay dues to the retail business association if such dues orpayments are fair and reasonable;
(g) Make payments or donations for retail employee training onpreventive sales to minors and intoxicated persons, checkingidentifications, age verification devices, and the liquor control laws;
(h) Make contributions not to exceed one thousand dollars percalendar year for transportation services that shall be used to assistpatrons from retail establishments to his or her residence or overnightaccommodations;
(i) Donate or serve up to five hundred dollars per event of alcoholicproducts at retail business association activities; and
(j) Any retail business association that receives payments ordonations shall, upon written request, provide the division of alcohol andtobacco control with copies of relevant financial records and documents toensure compliance with this subsection;
(15) The distiller, wholesaler, winemaker or brewer may sell or givea permanent outside sign to a retail business if the following requirementsare met:
(a) The sign, which shall be constructed of metal, glass, wood,plastic, or other durable, rigid material, with or without illumination, orpainted or otherwise printed onto a rigid material or structure, shall bearin a conspicuous manner substantial advertising matter about the product orthe name of the distiller, wholesaler, winemaker or brewer;
(b) The retail business shall not be compensated, directly orindirectly, for displaying the permanent sign or a temporary banner;
(c) The cost of the permanent sign shall not exceed five hundreddollars; and
(d) Temporary banners of a seasonal nature or promoting a specificevent shall not be constructed to be permanent outdoor signs and may beprovided to retailers. The total cost of temporary outdoor bannersprovided to a retailer in use at any one time shall not exceed five hundreddollars per brand;
(16) A wholesaler may, but shall not be required to, exchange for anequal quantity of identical product or allow credit against outstandingindebtedness for intoxicating liquor with alcohol content of less than fivepercent by weight that was delivered in a damaged condition or damagedwhile in the possession of the retailer;
(17) To assure and control product quality, wholesalers at the timeof a regular delivery may, but shall not be required to, withdraw, with thepermission of the retailer, a quantity of intoxicating liquor with alcoholcontent of less than five percent by weight in its undamaged originalcarton from the retailer's stock, if the wholesaler replaces the productwith an equal quantity of identical product;
(18) In addition to withdrawals authorized pursuant to subdivision(17) of this subsection, to assure and control product quality, wholesalersat the time of a regular delivery may, but shall not be required to,withdraw, with the permission of the retailer, a quantity of intoxicatingliquor with alcohol content of less than five percent by weight in itsundamaged original carton from the retailer's stock and give the retailercredit against outstanding indebtedness for the product if:
(a) The product is withdrawn at least thirty days after initialdelivery and within twenty-one days of the date considered by themanufacturer of the product to be the date the product becomesinappropriate for sale to a consumer; and
(b) The quantity of product withdrawn does not exceed the equivalentof twenty-five cases of twenty-four twelve-ounce containers; and
(c) To assure and control product quality, a wholesaler may, but notbe required to, give a retailer credit for intoxicating liquor with analcohol content of less than five percent by weight, in a container with acapacity of four gallons or more, delivered but not used, if the wholesalerremoves the product within seven days of the initial delivery; and
(19) Nothing in this section authorizes consignment sales.
5. (1) A distiller, wholesaler, winemaker, or brewer that is also inbusiness as a bona fide producer or vendor of nonalcoholic beverages shallnot condition the sale of its alcoholic beverages on the sale of itsnonalcoholic beverages nor combine the sale of its alcoholic beverages withthe sale of its nonalcoholic beverages, except as provided in subdivision(8) of subsection 4 of this section. The distiller, wholesaler, winemaker,or brewer that is also in business as a bona fide producer or vendor ofnonalcoholic beverages may sell, credit, market, and promote nonalcoholicbeverages in the same manner in which the nonalcoholic products are sold,credited, marketed, or promoted by a manufacturer or wholesaler notlicensed by the supervisor of alcohol and tobacco control;
(2) Any fixtures, equipment, or furnishings provided by anydistiller, wholesaler, winemaker, or brewer in furtherance of the sale ofnonalcoholic products shall not be used by the retail licensee to store,service, display, advertise, furnish, or sell, or aid in the sale ofalcoholic products regulated by the supervisor of alcohol and tobaccocontrol. All such fixtures, equipment, or furnishings shall be identifiedby the retail licensee as being furnished by a licensed distiller,wholesaler, winemaker, or brewer.
6. Distillers, wholesalers, brewers and winemakers, or their officersor directors shall not require, by agreement or otherwise, that anyretailer purchase any intoxicating liquor from such distillers,wholesalers, brewers or winemakers to the exclusion in whole or in part ofintoxicating liquor sold or offered for sale by other distillers,wholesalers, brewers, or winemakers.
7. Notwithstanding any other provisions of this chapter to thecontrary, a distiller or wholesaler may install dispensing accessories atthe retail business establishment, which shall include for the purposes ofdistilled spirits equipment to properly preserve and serve premixeddistilled spirit beverages only. To facilitate delivery to the retailer,the distiller or wholesaler may lend, give, rent or sell and the distilleror wholesaler may install or repair any of the following items or render toretail licensees any of the following services: coils and coil cleaning,draft arms, faucets and tap markers, taps, tap standards, tapping heads,hoses, valves and other minor tapping equipment components, and damagecaused by any delivery excluding normal wear and tear. A complete recordof equipment furnished and installed and repairs or service made orrendered shall be kept by the distiller or wholesaler furnishing, making orrendering the same for a period of not less than one year.
8. Distillers, wholesalers, winemakers, brewers or their employees orofficers shall be permitted to make contributions of money or merchandiseto a licensed retail liquor dealer that is a charitable, fraternal, civic,service, veterans', or religious organization as defined in section313.005, RSMo, or an educational institution if such contributions areunrelated to such organization's retail operations.
9. Distillers, brewers, wholesalers, and winemakers may make paymentsfor advertisements in programs or brochures of tax-exempt organizationslicensed under section 311.090 if the total payments made for all suchadvertisements are the same as those paid by other vendors.
10. A brewer or manufacturer, its employees, officers or agents mayhave a financial interest in the retail business for sale of intoxicatingliquors at entertainment facilities owned, in whole or in part, by thebrewer or manufacturer, its subsidiaries or affiliates including, but notlimited to, arenas and stadiums used primarily for concerts, shows andsporting events of all kinds.
11. For the purpose of the promotion of tourism, a wine manufacturer,its employees, officers or agents located within this state may apply forand the supervisor of liquor control may issue a license to sellintoxicating liquor, as defined in this chapter, by the drink at retail forconsumption on the premises where sold, if the premises so licensed is inclose proximity to the winery. Such premises shall be closed during thehours specified under section 311.290 and may remain open between the hoursof 9:00 a.m. and midnight on Sunday.
12. For the purpose of the promotion of tourism, a person may applyfor and the supervisor of liquor control may issue a license to sellintoxicating liquor by the drink at retail for consumption on the premiseswhere sold, but seventy-five percent or more of the intoxicating liquorsold by such licensed person shall be Missouri-produced wines received frommanufacturers licensed under section 311.190. Such premises may remainopen between the hours of 6:00 a.m. and midnight, Monday through Saturday,and between the hours of 11:00 a.m. and 9:00 p.m. on Sundays.
Financial interest in retail businesses by certain licenseesprohibited, exceptions--penalties--definitions--activitiespermitted between wholesalers and licensees--certain contractsunenforceable--contributions to certain organizations permitted,when--sale of Missouri wines only, license issued, when.
311.070. 1. Distillers, wholesalers, winemakers, brewers or theiremployees, officers or agents shall not, except as provided in thissection, directly or indirectly, have any financial interest in the retailbusiness for sale of intoxicating liquors, and shall not, except asprovided in this section, directly or indirectly, loan, give away orfurnish equipment, money, credit or property of any kind, except ordinarycommercial credit for liquors sold to such retail dealers. However,notwithstanding any other provision of this chapter to the contrary, forthe purpose of the promotion of tourism, a distiller whose manufacturingestablishment is located within this state may apply for and the supervisorof liquor control may issue a license to sell intoxicating liquor, as inthis chapter defined, by the drink at retail for consumption on thepremises where sold; and provided further that the premises so licensedshall be in close proximity to the distillery and may remain open betweenthe hours of 6:00 a.m. and midnight, Monday through Saturday and betweenthe hours of 11:00 a.m. and 9:00 p.m., Sunday. The authority for thecollection of fees by cities and counties as provided in section 311.220,and all other laws and regulations relating to the sale of liquor by thedrink for consumption on the premises where sold, shall apply to the holderof a license issued under the provisions of this section in the same manneras they apply to establishments licensed under the provisions of section311.085, 311.090, or 311.095.
2. Any distiller, wholesaler, winemaker or brewer who shall violatethe provisions of subsection 1 of this section, or permit his employees,officers or agents to do so, shall be guilty of a misdemeanor, and uponconviction thereof shall be punished as follows:
(1) For the first offense, by a fine of one thousand dollars;
(2) For a second offense, by a fine of five thousand dollars; and
(3) For a third or subsequent offense, by a fine of ten thousanddollars or the license of such person shall be revoked.
3. As used in this section, the following terms mean:
(1) "Consumer advertising specialties", advertising items that aredesigned to be carried away by the consumer, such items include, but arenot limited to: trading stamps, nonalcoholic mixers, pouring racks, ashtrays, bottle or can openers, cork screws, shopping bags, matches, printedrecipes, pamphlets, cards, leaflets, blotters, postcards, pencils, shirts,caps and visors;
(2) "Equipment and supplies", glassware (or similar containers madeof other material), dispensing accessories, carbon dioxide (and othergasses used in dispensing equipment) or ice. "Dispensing accessories"include standards, faucets, cold plates, rods, vents, taps, tap standards,hoses, washers, couplings, gas gauges, vent tongues, shanks, and checkvalves;
(3) "Permanent point-of-sale advertising materials", advertisingitems designed to be used within a retail business establishment for anextended period of time to attract consumer attention to the products of adistiller, wholesaler, winemaker or brewer. Such materials shall onlyinclude inside signs (electric, mechanical or otherwise), mirrors, andsweepstakes/contest prizes displayed on the licensed premises;
(4) "Product display", wine racks, bins, barrels, casks, shelving orsimilar items the primary function of which is to hold and display consumerproducts;
(5) "Promotion", an advertising and publicity campaign to further theacceptance and sale of the merchandise or products of a distiller,wholesaler, winemaker or brewer;
(6) "Temporary point-of-sale advertising materials", advertisingitems designed to be used for short periods of time. Such materialsinclude, but are not limited to: banners, decorations reflecting aparticular season or a limited-time promotion, or paper napkins, coasters,cups, or menus.
4. Notwithstanding other provisions contained herein, the distiller,wholesaler, winemaker or brewer, or their employees, officers or agents mayengage in the following activities with a retail licensee licensed pursuantto this chapter:
(1) The distiller, wholesaler, winemaker or brewer may give or sellproduct displays to a retail business if all of the following requirementsare met:
(a) The total value of all product displays given or sold to a retailbusiness shall not exceed three hundred dollars per brand at any one timein any one retail outlet. There shall be no combining or pooling of thethree hundred dollar limits to provide a retail business a product displayin excess of three hundred dollars per brand. The value of a productdisplay is the actual cost to the distiller, wholesaler, winemaker orbrewer who initially purchased such product display. Transportation andinstallation costs shall be excluded;
(b) All product displays shall bear in a conspicuous mannersubstantial advertising matter on the product or the name of the distiller,wholesaler, winemaker or brewer. The name and address of the retailbusiness may appear on the product displays; and
(c) The giving or selling of product displays may be conditioned onthe purchase of intoxicating beverages advertised on the displays by theretail business in a quantity necessary for the initial completion of theproduct display. No other condition shall be imposed by the distiller,wholesaler, winemaker or brewer on the retail business in order for suchretail business to obtain the product display;
(2) Notwithstanding any provision of law to the contrary, thedistiller, wholesaler, winemaker or brewer may provide, give or sell anypermanent point-of-sale advertising materials, temporary point-of-saleadvertising materials, and consumer advertising specialties to a retailbusiness if all the following requirements are met:
(a) The total value of all permanent point-of-sale advertisingmaterials provided to a retail business by a distiller, wholesaler,winemaker, or brewer shall not exceed five hundred dollars per calendaryear, per brand, per retail outlet. The value of permanent point-of-saleadvertising materials is the actual cost to the distiller, wholesaler,winemaker or brewer who initially purchased such item. Transportation andinstallation costs shall be excluded. All permanent point-of-saleadvertising materials provided to a retailer shall be recorded, and recordsshall be maintained for a period of three years;
(b) The provider of permanent point-of-sale advertising materialsshall own and otherwise control the use of permanent point-of-saleadvertising materials that are provided by any distiller, wholesaler,winemaker, or brewer;
(c) All permanent point-of-sale advertising materials, temporarypoint-of-sale advertising materials, and consumer advertising specialtiesshall bear in a conspicuous manner substantial advertising matter about theproduct or the name of the distiller, wholesaler, winemaker or brewer. Thename, address and logos of the retail business may appear on the permanentpoint-of-sale advertising materials, temporary point-of-sale advertisingmaterials, or the consumer advertising specialties; and
(d) The distiller, wholesaler, winemaker or brewer shall not directlyor indirectly pay or credit the retail business for using or distributingthe permanent point-of-sale advertising materials, temporary point-of-saleadvertising materials, or consumer advertising specialties or for anyincidental expenses arising from their use or distribution;
(3) A distiller, wholesaler, winemaker, or brewer may give a gift notto exceed a value of one thousand dollars per year to a holder of atemporary permit as defined in section 311.482;
(4) The distiller, wholesaler, winemaker or brewer may sell equipmentor supplies to a retail business if all the following requirements are met:
(a) The equipment and supplies shall be sold at a price not less thanthe cost to the distiller, wholesaler, winemaker or brewer who initiallypurchased such equipment and supplies; and
(b) The price charged for the equipment and supplies shall becollected in accordance with credit regulations as established in the codeof state regulations;
(5) The distiller, wholesaler, winemaker or brewer may installdispensing accessories at the retail business establishment, which shallinclude for the purposes of beer equipment to properly preserve and servedraught beer only and to facilitate the delivery to the retailer thebrewers and wholesalers may lend, give, rent or sell and they may installor repair any of the following items or render to retail licensees any ofthe following services: beer coils and coil cleaning, sleeves andwrappings, box couplings and draft arms, beer faucets and tap markers, beerand air hose, taps, vents and washers, gauges and regulators, beer and airdistributors, beer line insulation, coil flush hose, couplings and bucketpumps; portable coil boxes, air pumps, blankets or other coverings fortemporary wrappings of barrels, coil box overflow pipes, tilting platforms,bumper boards, skids, cellar ladders and ramps, angle irons, ice boxgrates, floor runways; and damage caused by any beer delivery excludingnormal wear and tear and a complete record of equipment furnished andinstalled and repairs and service made or rendered must be kept by thebrewer or wholesalers furnishing, making or rendering same for a period ofnot less than one year;
(6) The distiller, wholesaler, winemaker or brewer may furnish, giveor sell coil cleaning service to a retailer of distilled spirits, wine ormalt beverages;
(7) A wholesaler of intoxicating liquor may furnish or give and aretailer may accept a sample of distilled spirits or wine as long as theretailer has not previously purchased the brand from that wholesaler, ifall the following requirements are met:
(a) The wholesaler may furnish or give not more than seven hundredfifty milliliters of any brand of distilled spirits and not more than sevenhundred fifty milliliters of any brand of wine; if a particular product isnot available in a size within the quantity limitations of this subsection,a wholesaler may furnish or give to a retailer the next larger size;
(b) The wholesaler shall keep a record of the name of the retailerand the quantity of each brand furnished or given to such retailer;
(c) For the purposes of this subsection, no samples of intoxicatingliquor provided to retailers shall be consumed on the premises nor shallany sample of intoxicating liquor be opened on the premises of the retailerexcept as provided by the retail license;
(d) For the purpose of this subsection, the word "brand" refers todifferences in brand name of product or differences in nature of product;examples of different brands would be products having a difference in:brand name; class, type or kind designation; appellation of origin (wine);viticulture area (wine); vintage date (wine); age (distilled spirits); orproof (distilled spirits); differences in packaging such a different style,type, size of container, or differences in color or design of a label arenot considered different brands;
(8) The distiller, wholesaler, winemaker or brewer may package anddistribute intoxicating beverages in combination with other nonalcoholicitems as originally packaged by the supplier for sale ultimately toconsumers; notwithstanding any provision of law to the contrary, for thepurpose of this subsection, intoxicating liquor and wine wholesalers arenot required to charge for nonalcoholic items any more than the actual costof purchasing such nonalcoholic items from the supplier;
(9) The distiller, wholesaler, winemaker or brewer may sell or givethe retail business newspaper cuts, mats or engraved blocks for use in theadvertisements of the retail business;
(10) The distiller, wholesaler, winemaker or brewer may in anadvertisement list the names and addresses of two or more unaffiliatedretail businesses selling its product if all of the following requirementsare met:
(a) The advertisement shall not contain the retail price of theproduct;
(b) The listing of the retail businesses shall be the only referenceto such retail businesses in the advertisement;
(c) The listing of the retail businesses shall be relativelyinconspicuous in relation to the advertisement as a whole; and
(d) The advertisement shall not refer only to one retail business oronly to a retail business controlled directly or indirectly by the sameretail business;
(11) Distillers, winemakers, wholesalers, brewers or retailers mayconduct a local or national sweepstakes/contest upon a licensed retailpremise. The sweepstakes/contest prize dollar amount shall not be limitedand can be displayed in a photo, banner, or other temporary point-of-saleadvertising materials on a licensed premises, if the following requirementsare met:
(a) No money or something of value is given to the retailer for theprivilege or opportunity of conducting the sweepstakes or contest; and
(b) The actual sweepstakes/contest prize is not displayed on thelicensed premises if the prize value exceeds the permanent point-of-saleadvertising materials dollar limit provided in this section;
(12) The distiller, wholesaler, winemaker or brewer may stock,rotate, rearrange or reset the products sold by such distiller, wholesaler,winemaker or brewer at the establishment of the retail business so long asthe products of any other distiller, wholesaler, winemaker or brewer arenot altered or disturbed;
(13) The distiller, wholesaler, winemaker or brewer may provide arecommended shelf plan or shelf schematic for distilled spirits, wine ormalt beverages;
(14) The distiller, wholesaler, winemaker or brewer participating inthe activities of a retail business association may do any of thefollowing:
(a) Display, serve, or donate its products at or to a convention ortrade show;
(b) Rent display booth space if the rental fee is the same paid byall others renting similar space at the association activity;
(c) Provide its own hospitality which is independent from theassociation activity;
(d) Purchase tickets to functions and pay registration or sponsorshipfees if such purchase or payment is the same as that paid by all attendees,participants or exhibitors at the association activity;
(e) Make payments for advertisements in programs or brochures issuedby retail business associations if the total payments made for all suchadvertisements are fair and reasonable;
(f) Pay dues to the retail business association if such dues orpayments are fair and reasonable;
(g) Make payments or donations for retail employee training onpreventive sales to minors and intoxicated persons, checkingidentifications, age verification devices, and the liquor control laws;
(h) Make contributions not to exceed one thousand dollars percalendar year for transportation services that shall be used to assistpatrons from retail establishments to his or her residence or overnightaccommodations;
(i) Donate or serve up to five hundred dollars per event of alcoholicproducts at retail business association activities; and
(j) Any retail business association that receives payments ordonations shall, upon written request, provide the division of alcohol andtobacco control with copies of relevant financial records and documents toensure compliance with this subsection;
(15) The distiller, wholesaler, winemaker or brewer may sell or givea permanent outside sign to a retail business if the following requirementsare met:
(a) The sign, which shall be constructed of metal, glass, wood,plastic, or other durable, rigid material, with or without illumination, orpainted or otherwise printed onto a rigid material or structure, shall bearin a conspicuous manner substantial advertising matter about the product orthe name of the distiller, wholesaler, winemaker or brewer;
(b) The retail business shall not be compensated, directly orindirectly, for displaying the permanent sign or a temporary banner;
(c) The cost of the permanent sign shall not exceed five hundreddollars; and
(d) Temporary banners of a seasonal nature or promoting a specificevent shall not be constructed to be permanent outdoor signs and may beprovided to retailers. The total cost of temporary outdoor bannersprovided to a retailer in use at any one time shall not exceed five hundreddollars per brand;
(16) A wholesaler may, but shall not be required to, exchange for anequal quantity of identical product or allow credit against outstandingindebtedness for intoxicating liquor with alcohol content of less than fivepercent by weight that was delivered in a damaged condition or damagedwhile in the possession of the retailer;
(17) To assure and control product quality, wholesalers at the timeof a regular delivery may, but shall not be required to, withdraw, with thepermission of the retailer, a quantity of intoxicating liquor with alcoholcontent of less than five percent by weight in its undamaged originalcarton from the retailer's stock, if the wholesaler replaces the productwith an equal quantity of identical product;
(18) In addition to withdrawals authorized pursuant to subdivision(17) of this subsection, to assure and control product quality, wholesalersat the time of a regular delivery may, but shall not be required to,withdraw, with the permission of the retailer, a quantity of intoxicatingliquor with alcohol content of less than five percent by weight in itsundamaged original carton from the retailer's stock and give the retailercredit against outstanding indebtedness for the product if:
(a) The product is withdrawn at least thirty days after initialdelivery and within twenty-one days of the date considered by themanufacturer of the product to be the date the product becomesinappropriate for sale to a consumer; and
(b) The quantity of product withdrawn does not exceed the equivalentof twenty-five cases of twenty-four twelve-ounce containers; and
(c) To assure and control product quality, a wholesaler may, but notbe required to, give a retailer credit for intoxicating liquor with analcohol content of less than five percent by weight, in a container with acapacity of four gallons or more, delivered but not used, if the wholesalerremoves the product within seven days of the initial delivery; and
(19) Nothing in this section authorizes consignment sales.
5. (1) A distiller, wholesaler, winemaker, or brewer that is also inbusiness as a bona fide producer or vendor of nonalcoholic beverages shallnot condition the sale of its alcoholic beverages on the sale of itsnonalcoholic beverages nor combine the sale of its alcoholic beverages withthe sale of its nonalcoholic beverages, except as provided in subdivision(8) of subsection 4 of this section. The distiller, wholesaler, winemaker,or brewer that is also in business as a bona fide producer or vendor ofnonalcoholic beverages may sell, credit, market, and promote nonalcoholicbeverages in the same manner in which the nonalcoholic products are sold,credited, marketed, or promoted by a manufacturer or wholesaler notlicensed by the supervisor of alcohol and tobacco control;
(2) Any fixtures, equipment, or furnishings provided by anydistiller, wholesaler, winemaker, or brewer in furtherance of the sale ofnonalcoholic products shall not be used by the retail licensee to store,service, display, advertise, furnish, or sell, or aid in the sale ofalcoholic products regulated by the supervisor of alcohol and tobaccocontrol. All such fixtures, equipment, or furnishings shall be identifiedby the retail licensee as being furnished by a licensed distiller,wholesaler, winemaker, or brewer.
6. Distillers, wholesalers, brewers and winemakers, or their officersor directors shall not require, by agreement or otherwise, that anyretailer purchase any intoxicating liquor from such distillers,wholesalers, brewers or winemakers to the exclusion in whole or in part ofintoxicating liquor sold or offered for sale by other distillers,wholesalers, brewers, or winemakers.
7. Notwithstanding any other provisions of this chapter to thecontrary, a distiller or wholesaler may install dispensing accessories atthe retail business establishment, which shall include for the purposes ofdistilled spirits equipment to properly preserve and serve premixeddistilled spirit beverages only. To facilitate delivery to the retailer,the distiller or wholesaler may lend, give, rent or sell and the distilleror wholesaler may install or repair any of the following items or render toretail licensees any of the following services: coils and coil cleaning,draft arms, faucets and tap markers, taps, tap standards, tapping heads,hoses, valves and other minor tapping equipment components, and damagecaused by any delivery excluding normal wear and tear. A complete recordof equipment furnished and installed and repairs or service made orrendered shall be kept by the distiller or wholesaler furnishing, making orrendering the same for a period of not less than one year.
8. Distillers, wholesalers, winemakers, brewers or their employees orofficers shall be permitted to make contributions of money or merchandiseto a licensed retail liquor dealer that is a charitable, fraternal, civic,service, veterans', or religious organization as defined in section313.005, RSMo, or an educational institution if such contributions areunrelated to such organization's retail operations.
9. Distillers, brewers, wholesalers, and winemakers may make paymentsfor advertisements in programs or brochures of tax-exempt organizationslicensed under section 311.090 if the total payments made for all suchadvertisements are the same as those paid by other vendors.
10. A brewer or manufacturer, its employees, officers or agents mayhave a financial interest in the retail business for sale of intoxicatingliquors at entertainment facilities owned, in whole or in part, by thebrewer or manufacturer, its subsidiaries or affiliates including, but notlimited to, arenas and stadiums used primarily for concerts, shows andsporting events of all kinds.
11. For the purpose of the promotion of tourism, a wine manufacturer,its employees, officers or agents located within this state may apply forand the supervisor of liquor control may issue a license to sellintoxicating liquor, as defined in this chapter, by the drink at retail forconsumption on the premises where sold, if the premises so licensed is inclose proximity to the winery. Such premises shall be closed during thehours specified under section 311.290 and may remain open between the hoursof 9:00 a.m. and midnight on Sunday.
12. For the purpose of the promotion of tourism, a person may applyfor and the supervisor of liquor control may issue a license to sellintoxicating liquor by the drink at retail for consumption on the premiseswhere sold, but seventy-five percent or more of the intoxicating liquorsold by such licensed person shall be Missouri-produced wines received frommanufacturers licensed under section 311.190. Such premises may remainopen between the hours of 6:00 a.m. and midnight, Monday through Saturday,and between the hours of 11:00 a.m. and 9:00 p.m. on Sundays.
Financial interest in retail businesses by certain licenseesprohibited, exceptions--penalties--definitions--activitiespermitted between wholesalers and licensees--certain contractsunenforceable--contributions to certain organizations permitted,when--sale of Missouri wines only, license issued, when.
311.070. 1. Distillers, wholesalers, winemakers, brewers or theiremployees, officers or agents shall not, except as provided in thissection, directly or indirectly, have any financial interest in the retailbusiness for sale of intoxicating liquors, and shall not, except asprovided in this section, directly or indirectly, loan, give away orfurnish equipment, money, credit or property of any kind, except ordinarycommercial credit for liquors sold to such retail dealers. However,notwithstanding any other provision of this chapter to the contrary, forthe purpose of the promotion of tourism, a distiller whose manufacturingestablishment is located within this state may apply for and the supervisorof liquor control may issue a license to sell intoxicating liquor, as inthis chapter defined, by the drink at retail for consumption on thepremises where sold; and provided further that the premises so licensedshall be in close proximity to the distillery and may remain open betweenthe hours of 6:00 a.m. and midnight, Monday through Saturday and betweenthe hours of 11:00 a.m. and 9:00 p.m., Sunday. The authority for thecollection of fees by cities and counties as provided in section 311.220,and all other laws and regulations relating to the sale of liquor by thedrink for consumption on the premises where sold, shall apply to the holderof a license issued under the provisions of this section in the same manneras they apply to establishments licensed under the provisions of section311.085, 311.090, or 311.095.
2. Any distiller, wholesaler, winemaker or brewer who shall violatethe provisions of subsection 1 of this section, or permit his employees,officers or agents to do so, shall be guilty of a misdemeanor, and uponconviction thereof shall be punished as follows:
(1) For the first offense, by a fine of one thousand dollars;
(2) For a second offense, by a fine of five thousand dollars; and
(3) For a third or subsequent offense, by a fine of ten thousanddollars or the license of such person shall be revoked.
3. As used in this section, the following terms mean:
(1) "Consumer advertising specialties", advertising items that aredesigned to be carried away by the consumer, such items include, but arenot limited to: trading stamps, nonalcoholic mixers, pouring racks, ashtrays, bottle or can openers, cork screws, shopping bags, matches, printedrecipes, pamphlets, cards, leaflets, blotters, postcards, pencils, shirts,caps and visors;
(2) "Equipment and supplies", glassware (or similar containers madeof other material), dispensing accessories, carbon dioxide (and othergasses used in dispensing equipment) or ice. "Dispensing accessories"include standards, faucets, cold plates, rods, vents, taps, tap standards,hoses, washers, couplings, gas gauges, vent tongues, shanks, and checkvalves;
(3) "Permanent point-of-sale advertising materials", advertisingitems designed to be used within a retail business establishment for anextended period of time to attract consumer attention to the products of adistiller, wholesaler, winemaker or brewer. Such materials shall onlyinclude inside signs (electric, mechanical or otherwise), mirrors, andsweepstakes/contest prizes displayed on the licensed premises;
(4) "Product display", wine racks, bins, barrels, casks, shelving orsimilar items the primary function of which is to hold and display consumerproducts;
(5) "Promotion", an advertising and publicity campaign to further theacceptance and sale of the merchandise or products of a distiller,wholesaler, winemaker or brewer;
(6) "Temporary point-of-sale advertising materials", advertisingitems designed to be used for short periods of time. Such materialsinclude, but are not limited to: banners, decorations reflecting aparticular season or a limited-time promotion, or paper napkins, coasters,cups, or menus.
4. Notwithstanding other provisions contained herein, the distiller,wholesaler, winemaker or brewer, or their employees, officers or agents mayengage in the following activities with a retail licensee licensed pursuantto this chapter:
(1) The distiller, wholesaler, winemaker or brewer may give or sellproduct displays to a retail business if all of the following requirementsare met:
(a) The total value of all product displays given or sold to a retailbusiness shall not exceed three hundred dollars per brand at any one timein any one retail outlet. There shall be no combining or pooling of thethree hundred dollar limits to provide a retail business a product displayin excess of three hundred dollars per brand. The value of a productdisplay is the actual cost to the distiller, wholesaler, winemaker orbrewer who initially purchased such product display. Transportation andinstallation costs shall be excluded;
(b) All product displays shall bear in a conspicuous mannersubstantial advertising matter on the product or the name of the distiller,wholesaler, winemaker or brewer. The name and address of the retailbusiness may appear on the product displays; and
(c) The giving or selling of product displays may be conditioned onthe purchase of intoxicating beverages advertised on the displays by theretail business in a quantity necessary for the initial completion of theproduct display. No other condition shall be imposed by the distiller,wholesaler, winemaker or brewer on the retail business in order for suchretail business to obtain the product display;
(2) Notwithstanding any provision of law to the contrary, thedistiller, wholesaler, winemaker or brewer may provide, give or sell anypermanent point-of-sale advertising materials, temporary point-of-saleadvertising materials, and consumer advertising specialties to a retailbusiness if all the following requirements are met:
(a) The total value of all permanent point-of-sale advertisingmaterials provided to a retail business by a distiller, wholesaler,winemaker, or brewer shall not exceed five hundred dollars per calendaryear, per brand, per retail outlet. The value of permanent point-of-saleadvertising materials is the actual cost to the distiller, wholesaler,winemaker or brewer who initially purchased such item. Transportation andinstallation costs shall be excluded. All permanent point-of-saleadvertising materials provided to a retailer shall be recorded, and recordsshall be maintained for a period of three years;
(b) The provider of permanent point-of-sale advertising materialsshall own and otherwise control the use of permanent point-of-saleadvertising materials that are provided by any distiller, wholesaler,winemaker, or brewer;
(c) All permanent point-of-sale advertising materials, temporarypoint-of-sale advertising materials, and consumer advertising specialtiesshall bear in a conspicuous manner substantial advertising matter about theproduct or the name of the distiller, wholesaler, winemaker or brewer. Thename, address and logos of the retail business may appear on the permanentpoint-of-sale advertising materials, temporary point-of-sale advertisingmaterials, or the consumer advertising specialties; and
(d) The distiller, wholesaler, winemaker or brewer shall not directlyor indirectly pay or credit the retail business for using or distributingthe permanent point-of-sale advertising materials, temporary point-of-saleadvertising materials, or consumer advertising specialties or for anyincidental expenses arising from their use or distribution;
(3) A distiller, wholesaler, winemaker, or brewer may give a gift notto exceed a value of one thousand dollars per year to a holder of atemporary permit as defined in section 311.482;
(4) The distiller, wholesaler, winemaker or brewer may sell equipmentor supplies to a retail business if all the following requirements are met:
(a) The equipment and supplies shall be sold at a price not less thanthe cost to the distiller, wholesaler, winemaker or brewer who initiallypurchased such equipment and supplies; and
(b) The price charged for the equipment and supplies shall becollected in accordance with credit regulations as established in the codeof state regulations;
(5) The distiller, wholesaler, winemaker or brewer may installdispensing accessories at the retail business establishment, which shallinclude for the purposes of beer equipment to properly preserve and servedraught beer only and to facilitate the delivery to the retailer thebrewers and wholesalers may lend, give, rent or sell and they may installor repair any of the following items or render to retail licensees any ofthe following services: beer coils and coil cleaning, sleeves andwrappings, box couplings and draft arms, beer faucets and tap markers, beerand air hose, taps, vents and washers, gauges and regulators, beer and airdistributors, beer line insulation, coil flush hose, couplings and bucketpumps; portable coil boxes, air pumps, blankets or other coverings fortemporary wrappings of barrels, coil box overflow pipes, tilting platforms,bumper boards, skids, cellar ladders and ramps, angle irons, ice boxgrates, floor runways; and damage caused by any beer delivery excludingnormal wear and tear and a complete record of equipment furnished andinstalled and repairs and service made or rendered must be kept by thebrewer or wholesalers furnishing, making or rendering same for a period ofnot less than one year;
(6) The distiller, wholesaler, winemaker or brewer may furnish, giveor sell coil cleaning service to a retailer of distilled spirits, wine ormalt beverages;
(7) A wholesaler of intoxicating liquor may furnish or give and aretailer may accept a sample of distilled spirits or wine as long as theretailer has not previously purchased the brand from that wholesaler, ifall the following requirements are met:
(a) The wholesaler may furnish or give not more than seven hundredfifty milliliters of any brand of distilled spirits and not more than sevenhundred fifty milliliters of any brand of wine; if a particular product isnot available in a size within the quantity limitations of this subsection,a wholesaler may furnish or give to a retailer the next larger size;
(b) The wholesaler shall keep a record of the name of the retailerand the quantity of each brand furnished or given to such retailer;
(c) For the purposes of this subsection, no samples of intoxicatingliquor provided to retailers shall be consumed on the premises nor shallany sample of intoxicating liquor be opened on the premises of the retailerexcept as provided by the retail license;
(d) For the purpose of this subsection, the word "brand" refers todifferences in brand name of product or differences in nature of product;examples of different brands would be products having a difference in:brand name; class, type or kind designation; appellation of origin (wine);viticulture area (wine); vintage date (wine); age (distilled spirits); orproof (distilled spirits); differences in packaging such a different style,type, size of container, or differences in color or design of a label arenot considered different brands;
(8) The distiller, wholesaler, winemaker or brewer may package anddistribute intoxicating beverages in combination with other nonalcoholicitems as originally packaged by the supplier for sale ultimately toconsumers; notwithstanding any provision of law to the contrary, for thepurpose of this subsection, intoxicating liquor and wine wholesalers arenot required to charge for nonalcoholic items any more than the actual costof purchasing such nonalcoholic items from the supplier;
(9) The distiller, wholesaler, winemaker or brewer may sell or givethe retail business newspaper cuts, mats or engraved blocks for use in theadvertisements of the retail business;
(10) The distiller, wholesaler, winemaker or brewer may in anadvertisement list the names and addresses of two or more unaffiliatedretail businesses selling its product if all of the following requirementsare met:
(a) The advertisement shall not contain the retail price of theproduct;
(b) The listing of the retail businesses shall be the only referenceto such retail businesses in the advertisement;
(c) The listing of the retail businesses shall be relativelyinconspicuous in relation to the advertisement as a whole; and
(d) The advertisement shall not refer only to one retail business oronly to a retail business controlled directly or indirectly by the sameretail business;
(11) Distillers, winemakers, wholesalers, brewers or retailers mayconduct a local or national sweepstakes/contest upon a licensed retailpremise. The sweepstakes/contest prize dollar amount shall not be limitedand can be displayed in a photo, banner, or other temporary point-of-saleadvertising materials on a licensed premises, if the following requirementsare met:
(a) No money or something of value is given to the retailer for theprivilege or opportunity of conducting the sweepstakes or contest; and
(b) The actual sweepstakes/contest prize is not displayed on thelicensed premises if the prize value exceeds the permanent point-of-saleadvertising materials dollar limit provided in this section;
(12) The distiller, wholesaler, winemaker or brewer may stock,rotate, rearrange or reset the products sold by such distiller, wholesaler,winemaker or brewer at the establishment of the retail business so long asthe products of any other distiller, wholesaler, winemaker or brewer arenot altered or disturbed;
(13) The distiller, wholesaler, winemaker or brewer may provide arecommended shelf plan or shelf schematic for distilled spirits, wine ormalt beverages;
(14) The distiller, wholesaler, winemaker or brewer participating inthe activities of a retail business association may do any of thefollowing:
(a) Display, serve, or donate its products at or to a convention ortrade show;
(b) Rent display booth space if the rental fee is the same paid byall others renting similar space at the association activity;
(c) Provide its own hospitality which is independent from theassociation activity;
(d) Purchase tickets to functions and pay registration or sponsorshipfees if such purchase or payment is the same as that paid by all attendees,participants or exhibitors at the association activity;
(e) Make payments for advertisements in programs or brochures issuedby retail business associations if the total payments made for all suchadvertisements are fair and reasonable;
(f) Pay dues to the retail business association if such dues orpayments are fair and reasonable;
(g) Make payments or donations for retail employee training onpreventive sales to minors and intoxicated persons, checkingidentifications, age verification devices, and the liquor control laws;
(h) Make contributions not to exceed one thousand dollars percalendar year for transportation services that shall be used to assistpatrons from retail establishments to his or her residence or overnightaccommodations;
(i) Donate or serve up to five hundred dollars per event of alcoholicproducts at retail business association activities; and
(j) Any retail business association that receives payments ordonations shall, upon written request, provide the division of alcohol andtobacco control with copies of relevant financial records and documents toensure compliance with this subsection;
(15) The distiller, wholesaler, winemaker or brewer may sell or givea permanent outside sign to a retail business if the following requirementsare met:
(a) The sign, which shall be constructed of metal, glass, wood,plastic, or other durable, rigid material, with or without illumination, orpainted or otherwise printed onto a rigid material or structure, shall bearin a conspicuous manner substantial advertising matter about the product orthe name of the distiller, wholesaler, winemaker or brewer;
(b) The retail business shall not be compensated, directly orindirectly, for displaying the permanent sign or a temporary banner;
(c) The cost of the permanent sign shall not exceed five hundreddollars; and
(d) Temporary banners of a seasonal nature or promoting a specificevent shall not be constructed to be permanent outdoor signs and may beprovided to retailers. The total cost of temporary outdoor bannersprovided to a retailer in use at any one time shall not exceed five hundreddollars per brand;
(16) A wholesaler may, but shall not be required to, exchange for anequal quantity of identical product or allow credit against outstandingindebtedness for intoxicating liquor with alcohol content of less than fivepercent by weight that was delivered in a damaged condition or damagedwhile in the possession of the retailer;
(17) To assure and control product quality, wholesalers at the timeof a regular delivery may, but shall not be required to, withdraw, with thepermission of the retailer, a quantity of intoxicating liquor with alcoholcontent of less than five percent by weight in its undamaged originalcarton from the retailer's stock, if the wholesaler replaces the productwith an equal quantity of identical product;
(18) In addition to withdrawals authorized pursuant to subdivision(17) of this subsection, to assure and control product quality, wholesalersat the time of a regular delivery may, but shall not be required to,withdraw, with the permission of the retailer, a quantity of intoxicatingliquor with alcohol content of less than five percent by weight in itsundamaged original carton from the retailer's stock and give the retailercredit against outstanding indebtedness for the product if:
(a) The product is withdrawn at least thirty days after initialdelivery and within twenty-one days of the date considered by themanufacturer of the product to be the date the product becomesinappropriate for sale to a consumer; and
(b) The quantity of product withdrawn does not exceed the equivalentof twenty-five cases of twenty-four twelve-ounce containers; and
(c) To assure and control product quality, a wholesaler may, but notbe required to, give a retailer credit for intoxicating liquor with analcohol content of less than five percent by weight, in a container with acapacity of four gallons or more, delivered but not used, if the wholesalerremoves the product within seven days of the initial delivery; and
(19) Nothing in this section authorizes consignment sales.
5. (1) A distiller, wholesaler, winemaker, or brewer that is also inbusiness as a bona fide producer or vendor of nonalcoholic beverages shallnot condition the sale of its alcoholic beverages on the sale of itsnonalcoholic beverages nor combine the sale of its alcoholic beverages withthe sale of its nonalcoholic beverages, except as provided in subdivision(8) of subsection 4 of this section. The distiller, wholesaler, winemaker,or brewer that is also in business as a bona fide producer or vendor ofnonalcoholic beverages may sell, credit, market, and promote nonalcoholicbeverages in the same manner in which the nonalcoholic products are sold,credited, marketed, or promoted by a manufacturer or wholesaler notlicensed by the supervisor of alcohol and tobacco control;
(2) Any fixtures, equipment, or furnishings provided by anydistiller, wholesaler, winemaker, or brewer in furtherance of the sale ofnonalcoholic products shall not be used by the retail licensee to store,service, display, advertise, furnish, or sell, or aid in the sale ofalcoholic products regulated by the supervisor of alcohol and tobaccocontrol. All such fixtures, equipment, or furnishings shall be identifiedby the retail licensee as being furnished by a licensed distiller,wholesaler, winemaker, or brewer.
6. Distillers, wholesalers, brewers and winemakers, or their officersor directors shall not require, by agreement or otherwise, that anyretailer purchase any intoxicating liquor from such distillers,wholesalers, brewers or winemakers to the exclusion in whole or in part ofintoxicating liquor sold or offered for sale by other distillers,wholesalers, brewers, or winemakers.
7. Notwithstanding any other provisions of this chapter to thecontrary, a distiller or wholesaler may install dispensing accessories atthe retail business establishment, which shall include for the purposes ofdistilled spirits equipment to properly preserve and serve premixeddistilled spirit beverages only. To facilitate delivery to the retailer,the distiller or wholesaler may lend, give, rent or sell and the distilleror wholesaler may install or repair any of the following items or render toretail licensees any of the following services: coils and coil cleaning,draft arms, faucets and tap markers, taps, tap standards, tapping heads,hoses, valves and other minor tapping equipment components, and damagecaused by any delivery excluding normal wear and tear. A complete recordof equipment furnished and installed and repairs or service made orrendered shall be kept by the distiller or wholesaler furnishing, making orrendering the same for a period of not less than one year.
8. Distillers, wholesalers, winemakers, brewers or their employees orofficers shall be permitted to make contributions of money or merchandiseto a licensed retail liquor dealer that is a charitable, fraternal, civic,service, veterans', or religious organization as defined in section313.005, RSMo, or an educational institution if such contributions areunrelated to such organization's retail operations.
9. Distillers, brewers, wholesalers, and winemakers may make paymentsfor advertisements in programs or brochures of tax-exempt organizationslicensed under section 311.090 if the total payments made for all suchadvertisements are the same as those paid by other vendors.
10. A brewer or manufacturer, its employees, officers or agents mayhave a financial interest in the retail business for sale of intoxicatingliquors at entertainment facilities owned, in whole or in part, by thebrewer or manufacturer, its subsidiaries or affiliates including, but notlimited to, arenas and stadiums used primarily for concerts, shows andsporting events of all kinds.
11. For the purpose of the promotion of tourism, a wine manufacturer,its employees, officers or agents located within this state may apply forand the supervisor of liquor control may issue a license to sellintoxicating liquor, as defined in this chapter, by the drink at retail forconsumption on the premises where sold, if the premises so licensed is inclose proximity to the winery. Such premises shall be closed during thehours specified under section 311.290 and may remain open between the hoursof 9:00 a.m. and midnight on Sunday.
12. For the purpose of the promotion of tourism, a person may applyfor and the supervisor of liquor control may issue a license to sellintoxicating liquor by the drink at retail for consumption on the premiseswhere sold, but seventy-five percent or more of the intoxicating liquorsold by such licensed person shall be Missouri-produced wines received frommanufacturers licensed under section 311.190. Such premises may remainopen between the hours of 6:00 a.m. and midnight, Monday through Saturday,and between the hours of 11:00 a.m. and 9:00 p.m. on Sundays.
