Controlled access liquor cabinet system for qualifiedestablishments--definitions--license--employees,requirements--temporary license, when--sales to establishment,requirements.
311.099. 1. As used in this section, the following termsmean:
(1) "Controlled access liquor cabinet", a closed container,either refrigerated in whole or in part or nonrefrigerated,access to the interior of which is restricted by means of alocking device which requires the use of a key, access by meansof a locking device as hereinabove described;
(2) "Controlled access liquor cabinet system", a system forthe sale of intoxicating liquor in qualified packages orcontainers in the rooms provided for the overnight accommodationof transient guests in a qualified establishment by means of acontrolled access liquor cabinet, and such system shall permitthe licensee to maintain in the rooms provided for the overnightaccommodation of transient guests a controlled access liquorcabinet in which such licensee may maintain for sale intoxicatingliquor in qualified packages or containers, together with, ifdesired, other beverages or food, and such system shall permitthe adult registered guests of the room in which such controlledaccess liquor cabinet is located to use the key, magnetic card orother similar device to gain access to such controlled accessliquor cabinet to obtain the intoxicating liquor or otherbeverages or food for consumption;
(3) "Qualified establishment", any establishment having atleast forty rooms for the overnight accommodation of transientguests and having a restaurant or similar facility on thepremises at least sixty percent of the gross income of which isderived from the sale of prepared meals or food, whichrestaurant's annual gross food sales for the past two yearsimmediately preceding its application for a license shall nothave been less than one hundred thousand dollars per year or, ifsuch restaurant has been in operation for less than two years,such restaurant has been in operation for at least ninety dayspreceding the application for license for sale of intoxicatingliquor by means of controlled access liquor cabinets and has aprojected experience based upon its sale of food during thepreceding ninety days which would exceed one hundred thousanddollars per year;
(4) "Qualified packages or containers", packages orcontainers for intoxicating liquor, other than beer or other maltliquor, which hold not less than fifty milliliters and not morethan two hundred milliliters, and any packages or containers forbeer or other malt liquor;
(5) "Registered guest", each person who signs his name tothe guest register of the qualified establishment or takes someother equivalent action for the purpose of registering as a guestof such qualified establishment;
(6) "Room", a room in a qualified establishment which isintended to be used as, and which is provided for, the overnightaccommodation of transient guests.
2. Notwithstanding any other provision of this chapter tothe contrary, any person who possesses the qualificationsrequired by this chapter, and who now or hereafter meets therequirements of and complies with the provisions of this chapter,and who operates a qualified establishment and who is licensed tosell liquor by the drink at retail with respect to such qualifiedestablishment, may apply for, and the supervisor of liquorcontrol shall issue, a license to sell intoxicating liquor in therooms of such qualified establishment by means of a controlledaccess liquor cabinet system on and subject to the followingterms and conditions:
(1) The key, magnetic card or other similar device requiredto attain access to the controlled access liquor cabinet in aparticular room may be provided only to each adult registeredguest who is registered to stay in such room;
(2) Prior to providing a key, magnetic card or othersimilar device required to attain access to the controlled accessliquor cabinet in a particular room to the registered guest, thelicensee shall verify that each such registered guest to whomsuch key, magnetic card or similar device is to be provided isnot a minor, as defined by section 311.310;
(3) All employees handling the intoxicating liquor to beplaced in the controlled access liquor cabinet, including withoutlimitation any employee who inventories and/or restocks andreplenishes the intoxicating liquor in the controlled accessliquor cabinet, shall be at least eighteen years of age and shallobtain such employee permits as the city, county or other localgovernmental entity in which the qualified establishment islocated requires to be obtained by employees of the restaurantoperated at such qualified establishment; provided, however, thatno such employee permits shall be required of any employee whohandles the intoxicating liquor in the original case and who doesnot open such original case;
(4) Registered guests may use the key, magnetic card orother similar device required to attain access to the controlledaccess liquor cabinet in such registered guest's room at anytime; provided, however, that no controlled access liquor cabinetmay be restocked or replenished with intoxicating liquor, norshall any intoxicating liquor be delivered to a room in order torestock or replenish the supply of intoxicating liquor in thecontrolled access liquor cabinet, at any time when the restaurantoperated at the qualified establishment is not permitted to sellliquor by the drink at retail pursuant to the provisions of thischapter;
(5) Upon request from the registered guest at any time, thequalified establishment shall cause all intoxicating liquor to beremoved from the controlled access liquor cabinet in the room ofsuch registered guest as soon as reasonably practicable; and
(6) The qualified establishment shall have the right tocollect payment for the intoxicating liquor or other beverages orfood taken from the controlled access liquor cabinet in the roomof a registered guest in such manner as it shall determine to beappropriate, including without limitation the inclusion of suchcharges together with the charges made to such registered guestfor the use of the room or for purchase of meals at therestaurant operated at such qualified establishment.
3. Any new qualified establishment having been in operationfor less than ninety days may be issued a temporary license tosell intoxicating liquor in the rooms of such qualifiedestablishment by means of a controlled access liquor cabinetsystem for a period not to exceed ninety days if suchestablishment can show a projection of an annual business fromprepared meals or food which would exceed not less than onehundred thousand dollars per year.
4. In addition to any right to sell granted pursuant to anyother provision of this chapter, a duly licensed wholesaler shallbe permitted to sell intoxicating liquor to a qualifiedestablishment in any size of qualified packages or containers foruse in a controlled access liquor cabinet system; provided,however, that as to any size of qualified packages or containerswhich could not be legally sold to the qualified establishmentexcept for the provisions of this section, any such size ofqualified packages or containers shall be sold by the qualifiedestablishment only by means of the controlled access liquorcabinet system.
Controlled access liquor cabinet system for qualifiedestablishments--definitions--license--employees,requirements--temporary license, when--sales to establishment,requirements.
311.099. 1. As used in this section, the following termsmean:
(1) "Controlled access liquor cabinet", a closed container,either refrigerated in whole or in part or nonrefrigerated,access to the interior of which is restricted by means of alocking device which requires the use of a key, access by meansof a locking device as hereinabove described;
(2) "Controlled access liquor cabinet system", a system forthe sale of intoxicating liquor in qualified packages orcontainers in the rooms provided for the overnight accommodationof transient guests in a qualified establishment by means of acontrolled access liquor cabinet, and such system shall permitthe licensee to maintain in the rooms provided for the overnightaccommodation of transient guests a controlled access liquorcabinet in which such licensee may maintain for sale intoxicatingliquor in qualified packages or containers, together with, ifdesired, other beverages or food, and such system shall permitthe adult registered guests of the room in which such controlledaccess liquor cabinet is located to use the key, magnetic card orother similar device to gain access to such controlled accessliquor cabinet to obtain the intoxicating liquor or otherbeverages or food for consumption;
(3) "Qualified establishment", any establishment having atleast forty rooms for the overnight accommodation of transientguests and having a restaurant or similar facility on thepremises at least sixty percent of the gross income of which isderived from the sale of prepared meals or food, whichrestaurant's annual gross food sales for the past two yearsimmediately preceding its application for a license shall nothave been less than one hundred thousand dollars per year or, ifsuch restaurant has been in operation for less than two years,such restaurant has been in operation for at least ninety dayspreceding the application for license for sale of intoxicatingliquor by means of controlled access liquor cabinets and has aprojected experience based upon its sale of food during thepreceding ninety days which would exceed one hundred thousanddollars per year;
(4) "Qualified packages or containers", packages orcontainers for intoxicating liquor, other than beer or other maltliquor, which hold not less than fifty milliliters and not morethan two hundred milliliters, and any packages or containers forbeer or other malt liquor;
(5) "Registered guest", each person who signs his name tothe guest register of the qualified establishment or takes someother equivalent action for the purpose of registering as a guestof such qualified establishment;
(6) "Room", a room in a qualified establishment which isintended to be used as, and which is provided for, the overnightaccommodation of transient guests.
2. Notwithstanding any other provision of this chapter tothe contrary, any person who possesses the qualificationsrequired by this chapter, and who now or hereafter meets therequirements of and complies with the provisions of this chapter,and who operates a qualified establishment and who is licensed tosell liquor by the drink at retail with respect to such qualifiedestablishment, may apply for, and the supervisor of liquorcontrol shall issue, a license to sell intoxicating liquor in therooms of such qualified establishment by means of a controlledaccess liquor cabinet system on and subject to the followingterms and conditions:
(1) The key, magnetic card or other similar device requiredto attain access to the controlled access liquor cabinet in aparticular room may be provided only to each adult registeredguest who is registered to stay in such room;
(2) Prior to providing a key, magnetic card or othersimilar device required to attain access to the controlled accessliquor cabinet in a particular room to the registered guest, thelicensee shall verify that each such registered guest to whomsuch key, magnetic card or similar device is to be provided isnot a minor, as defined by section 311.310;
(3) All employees handling the intoxicating liquor to beplaced in the controlled access liquor cabinet, including withoutlimitation any employee who inventories and/or restocks andreplenishes the intoxicating liquor in the controlled accessliquor cabinet, shall be at least eighteen years of age and shallobtain such employee permits as the city, county or other localgovernmental entity in which the qualified establishment islocated requires to be obtained by employees of the restaurantoperated at such qualified establishment; provided, however, thatno such employee permits shall be required of any employee whohandles the intoxicating liquor in the original case and who doesnot open such original case;
(4) Registered guests may use the key, magnetic card orother similar device required to attain access to the controlledaccess liquor cabinet in such registered guest's room at anytime; provided, however, that no controlled access liquor cabinetmay be restocked or replenished with intoxicating liquor, norshall any intoxicating liquor be delivered to a room in order torestock or replenish the supply of intoxicating liquor in thecontrolled access liquor cabinet, at any time when the restaurantoperated at the qualified establishment is not permitted to sellliquor by the drink at retail pursuant to the provisions of thischapter;
(5) Upon request from the registered guest at any time, thequalified establishment shall cause all intoxicating liquor to beremoved from the controlled access liquor cabinet in the room ofsuch registered guest as soon as reasonably practicable; and
(6) The qualified establishment shall have the right tocollect payment for the intoxicating liquor or other beverages orfood taken from the controlled access liquor cabinet in the roomof a registered guest in such manner as it shall determine to beappropriate, including without limitation the inclusion of suchcharges together with the charges made to such registered guestfor the use of the room or for purchase of meals at therestaurant operated at such qualified establishment.
3. Any new qualified establishment having been in operationfor less than ninety days may be issued a temporary license tosell intoxicating liquor in the rooms of such qualifiedestablishment by means of a controlled access liquor cabinetsystem for a period not to exceed ninety days if suchestablishment can show a projection of an annual business fromprepared meals or food which would exceed not less than onehundred thousand dollars per year.
4. In addition to any right to sell granted pursuant to anyother provision of this chapter, a duly licensed wholesaler shallbe permitted to sell intoxicating liquor to a qualifiedestablishment in any size of qualified packages or containers foruse in a controlled access liquor cabinet system; provided,however, that as to any size of qualified packages or containerswhich could not be legally sold to the qualified establishmentexcept for the provisions of this section, any such size ofqualified packages or containers shall be sold by the qualifiedestablishment only by means of the controlled access liquorcabinet system.
Controlled access liquor cabinet system for qualifiedestablishments--definitions--license--employees,requirements--temporary license, when--sales to establishment,requirements.
311.099. 1. As used in this section, the following termsmean:
(1) "Controlled access liquor cabinet", a closed container,either refrigerated in whole or in part or nonrefrigerated,access to the interior of which is restricted by means of alocking device which requires the use of a key, access by meansof a locking device as hereinabove described;
(2) "Controlled access liquor cabinet system", a system forthe sale of intoxicating liquor in qualified packages orcontainers in the rooms provided for the overnight accommodationof transient guests in a qualified establishment by means of acontrolled access liquor cabinet, and such system shall permitthe licensee to maintain in the rooms provided for the overnightaccommodation of transient guests a controlled access liquorcabinet in which such licensee may maintain for sale intoxicatingliquor in qualified packages or containers, together with, ifdesired, other beverages or food, and such system shall permitthe adult registered guests of the room in which such controlledaccess liquor cabinet is located to use the key, magnetic card orother similar device to gain access to such controlled accessliquor cabinet to obtain the intoxicating liquor or otherbeverages or food for consumption;
(3) "Qualified establishment", any establishment having atleast forty rooms for the overnight accommodation of transientguests and having a restaurant or similar facility on thepremises at least sixty percent of the gross income of which isderived from the sale of prepared meals or food, whichrestaurant's annual gross food sales for the past two yearsimmediately preceding its application for a license shall nothave been less than one hundred thousand dollars per year or, ifsuch restaurant has been in operation for less than two years,such restaurant has been in operation for at least ninety dayspreceding the application for license for sale of intoxicatingliquor by means of controlled access liquor cabinets and has aprojected experience based upon its sale of food during thepreceding ninety days which would exceed one hundred thousanddollars per year;
(4) "Qualified packages or containers", packages orcontainers for intoxicating liquor, other than beer or other maltliquor, which hold not less than fifty milliliters and not morethan two hundred milliliters, and any packages or containers forbeer or other malt liquor;
(5) "Registered guest", each person who signs his name tothe guest register of the qualified establishment or takes someother equivalent action for the purpose of registering as a guestof such qualified establishment;
(6) "Room", a room in a qualified establishment which isintended to be used as, and which is provided for, the overnightaccommodation of transient guests.
2. Notwithstanding any other provision of this chapter tothe contrary, any person who possesses the qualificationsrequired by this chapter, and who now or hereafter meets therequirements of and complies with the provisions of this chapter,and who operates a qualified establishment and who is licensed tosell liquor by the drink at retail with respect to such qualifiedestablishment, may apply for, and the supervisor of liquorcontrol shall issue, a license to sell intoxicating liquor in therooms of such qualified establishment by means of a controlledaccess liquor cabinet system on and subject to the followingterms and conditions:
(1) The key, magnetic card or other similar device requiredto attain access to the controlled access liquor cabinet in aparticular room may be provided only to each adult registeredguest who is registered to stay in such room;
(2) Prior to providing a key, magnetic card or othersimilar device required to attain access to the controlled accessliquor cabinet in a particular room to the registered guest, thelicensee shall verify that each such registered guest to whomsuch key, magnetic card or similar device is to be provided isnot a minor, as defined by section 311.310;
(3) All employees handling the intoxicating liquor to beplaced in the controlled access liquor cabinet, including withoutlimitation any employee who inventories and/or restocks andreplenishes the intoxicating liquor in the controlled accessliquor cabinet, shall be at least eighteen years of age and shallobtain such employee permits as the city, county or other localgovernmental entity in which the qualified establishment islocated requires to be obtained by employees of the restaurantoperated at such qualified establishment; provided, however, thatno such employee permits shall be required of any employee whohandles the intoxicating liquor in the original case and who doesnot open such original case;
(4) Registered guests may use the key, magnetic card orother similar device required to attain access to the controlledaccess liquor cabinet in such registered guest's room at anytime; provided, however, that no controlled access liquor cabinetmay be restocked or replenished with intoxicating liquor, norshall any intoxicating liquor be delivered to a room in order torestock or replenish the supply of intoxicating liquor in thecontrolled access liquor cabinet, at any time when the restaurantoperated at the qualified establishment is not permitted to sellliquor by the drink at retail pursuant to the provisions of thischapter;
(5) Upon request from the registered guest at any time, thequalified establishment shall cause all intoxicating liquor to beremoved from the controlled access liquor cabinet in the room ofsuch registered guest as soon as reasonably practicable; and
(6) The qualified establishment shall have the right tocollect payment for the intoxicating liquor or other beverages orfood taken from the controlled access liquor cabinet in the roomof a registered guest in such manner as it shall determine to beappropriate, including without limitation the inclusion of suchcharges together with the charges made to such registered guestfor the use of the room or for purchase of meals at therestaurant operated at such qualified establishment.
3. Any new qualified establishment having been in operationfor less than ninety days may be issued a temporary license tosell intoxicating liquor in the rooms of such qualifiedestablishment by means of a controlled access liquor cabinetsystem for a period not to exceed ninety days if suchestablishment can show a projection of an annual business fromprepared meals or food which would exceed not less than onehundred thousand dollars per year.
4. In addition to any right to sell granted pursuant to anyother provision of this chapter, a duly licensed wholesaler shallbe permitted to sell intoxicating liquor to a qualifiedestablishment in any size of qualified packages or containers foruse in a controlled access liquor cabinet system; provided,however, that as to any size of qualified packages or containerswhich could not be legally sold to the qualified establishmentexcept for the provisions of this section, any such size ofqualified packages or containers shall be sold by the qualifiedestablishment only by means of the controlled access liquorcabinet system.
