Shipments of alcohol to residents permitted, when.
311.185. 1. Notwithstanding any rule, law, or regulation to thecontrary, any person currently licensed in this state or any other state asa wine manufacturer may apply for and the supervisor of alcohol and tobaccocontrol may issue a wine direct shipper license, as provided in thissection, which allows a wine manufacturer to ship up to two cases of wineper month directly to a resident of this state who is at least twenty-oneyears of age for such resident's personal use and not for resale. Beforesending any shipment to a resident of this state, the wine manufacturershall first obtain a wine direct shipper license as follows:
(1) File an application with the division of alcohol and tobaccocontrol; and
(2) Provide to the division of alcohol and tobacco control a truecopy of its current alcoholic beverage license issued in this state or anyother state, as well as a copy of the winery license from the Alcohol andTobacco Tax and Trade Bureau.
2. All wine direct shipper licensees shall:
(1) Not ship more than two cases of wine per month to any person forhis or her personal use and not for resale;
(2) Not use any carrier for shipping of wine that is not licensedunder this section;
(3) Only ship wine that is properly registered with the Alcohol andTobacco Tax and Trade Bureau;
(4) Only ship wine manufactured on the winery premises;
(5) Ensure that all containers of wine delivered directly to aresident of this state are conspicuously labeled with the words "CONTAINSALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY" or areconspicuously labeled with wording preapproved by the division of alcoholand tobacco control;
(6) If the winery is located outside of this state, by Januarythirty-first, make a report under oath to the supervisor of alcohol andtobacco control setting out the total amount of wine shipped into the statethe preceding year;
(7) If the winery is located outside of this state, pay the divisionof alcohol and tobacco control all excise taxes due on the amount to becalculated as if the sale were in this state at the location where thedelivery is made;
(8) If the winery is located within this state, provide the divisionof alcohol and tobacco control any additional information deemed necessarybeyond that already required for retail sales from the winery tasting roomto ensure compliance with this section;
(9) Permit the division of alcohol and tobacco control to perform anaudit of the wine direct shipper licensees' records upon request; and
(10) Be deemed to have consented to the jurisdiction of the divisionof alcohol and tobacco control or any other state agency and the Missouricourts concerning enforcement of this section and any related laws, rules,or regulations.
3. The wine direct shipper licensee may annually renew its licensewith the division of alcohol and tobacco control by providing the divisionof alcohol and tobacco control all required items provided in subsection 1of this section.
4. Notwithstanding any law, rule, or regulation to the contrary, anycarrier may apply for and the supervisor of alcohol and tobacco control mayissue an alcohol carrier license, as provided in this section, which allowsthe carrier to transport and deliver shipments of wine directly to aresident of this state who is at least twenty-one years of age or older.Before transporting any shipment of wine to a resident of this state, thecarrier shall first obtain an alcohol carrier license by filing anapplication with the division of alcohol and tobacco control.
5. All alcohol carrier licensees shall:
(1) Not deliver to any person under twenty-one years of age, or toany intoxicated person, or any person appearing to be in a state ofintoxication;
(2) Require valid proof of identity and age;
(3) Obtain the signature of an adult as a condition of delivery; and
(4) Keep records of wine shipped which include the license number andname of the winery or retailer, quantity of wine shipped, recipient's nameand address, and an electronic or paper form of signature from therecipient of the wine.
6. The division of alcohol and tobacco control may promulgate rulesto effectuate the provisions of this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2007, shall be invalid and void.
Shipments of alcohol to residents permitted, when.
311.185. 1. Notwithstanding any rule, law, or regulation to thecontrary, any person currently licensed in this state or any other state asa wine manufacturer may apply for and the supervisor of alcohol and tobaccocontrol may issue a wine direct shipper license, as provided in thissection, which allows a wine manufacturer to ship up to two cases of wineper month directly to a resident of this state who is at least twenty-oneyears of age for such resident's personal use and not for resale. Beforesending any shipment to a resident of this state, the wine manufacturershall first obtain a wine direct shipper license as follows:
(1) File an application with the division of alcohol and tobaccocontrol; and
(2) Provide to the division of alcohol and tobacco control a truecopy of its current alcoholic beverage license issued in this state or anyother state, as well as a copy of the winery license from the Alcohol andTobacco Tax and Trade Bureau.
2. All wine direct shipper licensees shall:
(1) Not ship more than two cases of wine per month to any person forhis or her personal use and not for resale;
(2) Not use any carrier for shipping of wine that is not licensedunder this section;
(3) Only ship wine that is properly registered with the Alcohol andTobacco Tax and Trade Bureau;
(4) Only ship wine manufactured on the winery premises;
(5) Ensure that all containers of wine delivered directly to aresident of this state are conspicuously labeled with the words "CONTAINSALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY" or areconspicuously labeled with wording preapproved by the division of alcoholand tobacco control;
(6) If the winery is located outside of this state, by Januarythirty-first, make a report under oath to the supervisor of alcohol andtobacco control setting out the total amount of wine shipped into the statethe preceding year;
(7) If the winery is located outside of this state, pay the divisionof alcohol and tobacco control all excise taxes due on the amount to becalculated as if the sale were in this state at the location where thedelivery is made;
(8) If the winery is located within this state, provide the divisionof alcohol and tobacco control any additional information deemed necessarybeyond that already required for retail sales from the winery tasting roomto ensure compliance with this section;
(9) Permit the division of alcohol and tobacco control to perform anaudit of the wine direct shipper licensees' records upon request; and
(10) Be deemed to have consented to the jurisdiction of the divisionof alcohol and tobacco control or any other state agency and the Missouricourts concerning enforcement of this section and any related laws, rules,or regulations.
3. The wine direct shipper licensee may annually renew its licensewith the division of alcohol and tobacco control by providing the divisionof alcohol and tobacco control all required items provided in subsection 1of this section.
4. Notwithstanding any law, rule, or regulation to the contrary, anycarrier may apply for and the supervisor of alcohol and tobacco control mayissue an alcohol carrier license, as provided in this section, which allowsthe carrier to transport and deliver shipments of wine directly to aresident of this state who is at least twenty-one years of age or older.Before transporting any shipment of wine to a resident of this state, thecarrier shall first obtain an alcohol carrier license by filing anapplication with the division of alcohol and tobacco control.
5. All alcohol carrier licensees shall:
(1) Not deliver to any person under twenty-one years of age, or toany intoxicated person, or any person appearing to be in a state ofintoxication;
(2) Require valid proof of identity and age;
(3) Obtain the signature of an adult as a condition of delivery; and
(4) Keep records of wine shipped which include the license number andname of the winery or retailer, quantity of wine shipped, recipient's nameand address, and an electronic or paper form of signature from therecipient of the wine.
6. The division of alcohol and tobacco control may promulgate rulesto effectuate the provisions of this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2007, shall be invalid and void.
Shipments of alcohol to residents permitted, when.
311.185. 1. Notwithstanding any rule, law, or regulation to thecontrary, any person currently licensed in this state or any other state asa wine manufacturer may apply for and the supervisor of alcohol and tobaccocontrol may issue a wine direct shipper license, as provided in thissection, which allows a wine manufacturer to ship up to two cases of wineper month directly to a resident of this state who is at least twenty-oneyears of age for such resident's personal use and not for resale. Beforesending any shipment to a resident of this state, the wine manufacturershall first obtain a wine direct shipper license as follows:
(1) File an application with the division of alcohol and tobaccocontrol; and
(2) Provide to the division of alcohol and tobacco control a truecopy of its current alcoholic beverage license issued in this state or anyother state, as well as a copy of the winery license from the Alcohol andTobacco Tax and Trade Bureau.
2. All wine direct shipper licensees shall:
(1) Not ship more than two cases of wine per month to any person forhis or her personal use and not for resale;
(2) Not use any carrier for shipping of wine that is not licensedunder this section;
(3) Only ship wine that is properly registered with the Alcohol andTobacco Tax and Trade Bureau;
(4) Only ship wine manufactured on the winery premises;
(5) Ensure that all containers of wine delivered directly to aresident of this state are conspicuously labeled with the words "CONTAINSALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY" or areconspicuously labeled with wording preapproved by the division of alcoholand tobacco control;
(6) If the winery is located outside of this state, by Januarythirty-first, make a report under oath to the supervisor of alcohol andtobacco control setting out the total amount of wine shipped into the statethe preceding year;
(7) If the winery is located outside of this state, pay the divisionof alcohol and tobacco control all excise taxes due on the amount to becalculated as if the sale were in this state at the location where thedelivery is made;
(8) If the winery is located within this state, provide the divisionof alcohol and tobacco control any additional information deemed necessarybeyond that already required for retail sales from the winery tasting roomto ensure compliance with this section;
(9) Permit the division of alcohol and tobacco control to perform anaudit of the wine direct shipper licensees' records upon request; and
(10) Be deemed to have consented to the jurisdiction of the divisionof alcohol and tobacco control or any other state agency and the Missouricourts concerning enforcement of this section and any related laws, rules,or regulations.
3. The wine direct shipper licensee may annually renew its licensewith the division of alcohol and tobacco control by providing the divisionof alcohol and tobacco control all required items provided in subsection 1of this section.
4. Notwithstanding any law, rule, or regulation to the contrary, anycarrier may apply for and the supervisor of alcohol and tobacco control mayissue an alcohol carrier license, as provided in this section, which allowsthe carrier to transport and deliver shipments of wine directly to aresident of this state who is at least twenty-one years of age or older.Before transporting any shipment of wine to a resident of this state, thecarrier shall first obtain an alcohol carrier license by filing anapplication with the division of alcohol and tobacco control.
5. All alcohol carrier licensees shall:
(1) Not deliver to any person under twenty-one years of age, or toany intoxicated person, or any person appearing to be in a state ofintoxication;
(2) Require valid proof of identity and age;
(3) Obtain the signature of an adult as a condition of delivery; and
(4) Keep records of wine shipped which include the license number andname of the winery or retailer, quantity of wine shipped, recipient's nameand address, and an electronic or paper form of signature from therecipient of the wine.
6. The division of alcohol and tobacco control may promulgate rulesto effectuate the provisions of this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2007, shall be invalid and void.
