Vintage wine, definition--sale of vintage wine through auction,authorized sellers--licenses to auction--auction conducted,where, no consumption, issuance period, fee--shipment out ofstate--tastings--auctioneer subject to regulations--penalty.
311.191. 1. As used herein, the term "vintage wine" means bottleddomestic white, rose or sparkling wine which is not less than five yearsold, domestic red wine which is not less than ten years old, or importedwhite, rose, red, sparkling or port wine which is not less than three yearsold.
2. Notwithstanding any other provisions of this chapter, anymunicipality or person legally owning, controlling or possessing a privatecollection of vintage wines in their original packages, including anexecutor, administrator, personal representative, guardian or conservatorof an estate, sheriff, trustee in bankruptcy, or person appointed orauthorized by a court to act upon or execute a court order or writ ofexecution with regard to the disposition of that vintage wine, isauthorized to sell that vintage wine at auction on consignment through anauctioneer licensed herein. The auctioneer involved in such sale shallensure that each bottle of vintage wine sold from a private collection hasa permanently fixed label stating that the bottle was acquired from aprivate collection.
3. The supervisor of liquor control is hereby authorized to issue alicense to conduct auctions of vintage wine to any person licensed as anauctioneer pursuant to chapter 343, RSMo, and regularly conducting businessas an auctioneer at a fixed location in this state within a city in acounty of the first classification with a charter form of government;provided, however, that no such license to auction vintage wine may beissued to any person, or any entity controlled in whole or in part by aperson, who:
(1) Has been convicted of a felony or of any offense under thischapter;
(2) Either possesses a current license to sell intoxicating liquor atwholesale or retail, or previously possessed such a license which wasrevoked for cause; or
(3) Has not been continuously in business in this state as anauctioneer for a period of ten years prior to making application for suchlicense to auction vintage wine. The license to auction vintage wine shallbe in addition to any license or permit requirements imposed by ordinancewithin the county or municipal jurisdictions in which the auctioneerconducts such business.
4. No auction of vintage wine may be conducted off the businesspremises of the auctioneer. No vintage wine sold at auction shall beconsumed on the premises of the auctioneer, nor shall any original packageof vintage wine be opened on such premises in the course of any suchauction, except as provided herein. A license to conduct auctions ofvintage wine shall be issued for a period of one year and shall authorizethe auctioneer to conduct not more than six auctions of vintage wine duringsuch year. The license shall be issued in such form and upon thecompletion of such application as may be required by the supervisor ofliquor control. The fee for such license shall be five hundred dollars peryear.
5. A municipality or person legally owning, controlling or possessinga private collection of vintage wines in their original packages may shipthe vintage wine in such packages from any location within the state ofMissouri to an auctioneer licensed pursuant to this act. Upon receipt ofthe vintage wine the auctioneer shall be responsible for the storage andwarehousing thereof, for the labeling thereof pursuant to the requirementsof subsection 2 of this section, for the delivery of the vintage wine tothe purchasers at auction, and for the payment and transfer of anyapplicable state and local taxes in connection with the auction sale.
6. An auctioneer licensed to sell vintage wine pursuant to thissection may hold vintage wine tastings on the premises where an auction ofsuch vintage wine is to be conducted within the period of twenty-four hoursimmediately preceding the commencement of the auction.
7. An auctioneer licensed pursuant to this section shall be subjectto all restrictions, regulations and provisions of this chapter governingthe acquisition, storage and sale of intoxicating liquor for off-premisesconsumption which are not inconsistent with the provisions of this section.
8. An auctioneer who affixes a label to any bottle of vintage wine,as provided in subsection 2 of this section, without having determinedthrough the exercise of reasonable diligence that the wine was acquiredfrom a bona fide private collection, shall be guilty of a class Cmisdemeanor and, upon a finding of or plea of guilty with regard to anysuch misdemeanor, shall be subject to cancellation of the license issuedpursuant to subsection 3 of this section.
Vintage wine, definition--sale of vintage wine through auction,authorized sellers--licenses to auction--auction conducted,where, no consumption, issuance period, fee--shipment out ofstate--tastings--auctioneer subject to regulations--penalty.
311.191. 1. As used herein, the term "vintage wine" means bottleddomestic white, rose or sparkling wine which is not less than five yearsold, domestic red wine which is not less than ten years old, or importedwhite, rose, red, sparkling or port wine which is not less than three yearsold.
2. Notwithstanding any other provisions of this chapter, anymunicipality or person legally owning, controlling or possessing a privatecollection of vintage wines in their original packages, including anexecutor, administrator, personal representative, guardian or conservatorof an estate, sheriff, trustee in bankruptcy, or person appointed orauthorized by a court to act upon or execute a court order or writ ofexecution with regard to the disposition of that vintage wine, isauthorized to sell that vintage wine at auction on consignment through anauctioneer licensed herein. The auctioneer involved in such sale shallensure that each bottle of vintage wine sold from a private collection hasa permanently fixed label stating that the bottle was acquired from aprivate collection.
3. The supervisor of liquor control is hereby authorized to issue alicense to conduct auctions of vintage wine to any person licensed as anauctioneer pursuant to chapter 343, RSMo, and regularly conducting businessas an auctioneer at a fixed location in this state within a city in acounty of the first classification with a charter form of government;provided, however, that no such license to auction vintage wine may beissued to any person, or any entity controlled in whole or in part by aperson, who:
(1) Has been convicted of a felony or of any offense under thischapter;
(2) Either possesses a current license to sell intoxicating liquor atwholesale or retail, or previously possessed such a license which wasrevoked for cause; or
(3) Has not been continuously in business in this state as anauctioneer for a period of ten years prior to making application for suchlicense to auction vintage wine. The license to auction vintage wine shallbe in addition to any license or permit requirements imposed by ordinancewithin the county or municipal jurisdictions in which the auctioneerconducts such business.
4. No auction of vintage wine may be conducted off the businesspremises of the auctioneer. No vintage wine sold at auction shall beconsumed on the premises of the auctioneer, nor shall any original packageof vintage wine be opened on such premises in the course of any suchauction, except as provided herein. A license to conduct auctions ofvintage wine shall be issued for a period of one year and shall authorizethe auctioneer to conduct not more than six auctions of vintage wine duringsuch year. The license shall be issued in such form and upon thecompletion of such application as may be required by the supervisor ofliquor control. The fee for such license shall be five hundred dollars peryear.
5. A municipality or person legally owning, controlling or possessinga private collection of vintage wines in their original packages may shipthe vintage wine in such packages from any location within the state ofMissouri to an auctioneer licensed pursuant to this act. Upon receipt ofthe vintage wine the auctioneer shall be responsible for the storage andwarehousing thereof, for the labeling thereof pursuant to the requirementsof subsection 2 of this section, for the delivery of the vintage wine tothe purchasers at auction, and for the payment and transfer of anyapplicable state and local taxes in connection with the auction sale.
6. An auctioneer licensed to sell vintage wine pursuant to thissection may hold vintage wine tastings on the premises where an auction ofsuch vintage wine is to be conducted within the period of twenty-four hoursimmediately preceding the commencement of the auction.
7. An auctioneer licensed pursuant to this section shall be subjectto all restrictions, regulations and provisions of this chapter governingthe acquisition, storage and sale of intoxicating liquor for off-premisesconsumption which are not inconsistent with the provisions of this section.
8. An auctioneer who affixes a label to any bottle of vintage wine,as provided in subsection 2 of this section, without having determinedthrough the exercise of reasonable diligence that the wine was acquiredfrom a bona fide private collection, shall be guilty of a class Cmisdemeanor and, upon a finding of or plea of guilty with regard to anysuch misdemeanor, shall be subject to cancellation of the license issuedpursuant to subsection 3 of this section.
Vintage wine, definition--sale of vintage wine through auction,authorized sellers--licenses to auction--auction conducted,where, no consumption, issuance period, fee--shipment out ofstate--tastings--auctioneer subject to regulations--penalty.
311.191. 1. As used herein, the term "vintage wine" means bottleddomestic white, rose or sparkling wine which is not less than five yearsold, domestic red wine which is not less than ten years old, or importedwhite, rose, red, sparkling or port wine which is not less than three yearsold.
2. Notwithstanding any other provisions of this chapter, anymunicipality or person legally owning, controlling or possessing a privatecollection of vintage wines in their original packages, including anexecutor, administrator, personal representative, guardian or conservatorof an estate, sheriff, trustee in bankruptcy, or person appointed orauthorized by a court to act upon or execute a court order or writ ofexecution with regard to the disposition of that vintage wine, isauthorized to sell that vintage wine at auction on consignment through anauctioneer licensed herein. The auctioneer involved in such sale shallensure that each bottle of vintage wine sold from a private collection hasa permanently fixed label stating that the bottle was acquired from aprivate collection.
3. The supervisor of liquor control is hereby authorized to issue alicense to conduct auctions of vintage wine to any person licensed as anauctioneer pursuant to chapter 343, RSMo, and regularly conducting businessas an auctioneer at a fixed location in this state within a city in acounty of the first classification with a charter form of government;provided, however, that no such license to auction vintage wine may beissued to any person, or any entity controlled in whole or in part by aperson, who:
(1) Has been convicted of a felony or of any offense under thischapter;
(2) Either possesses a current license to sell intoxicating liquor atwholesale or retail, or previously possessed such a license which wasrevoked for cause; or
(3) Has not been continuously in business in this state as anauctioneer for a period of ten years prior to making application for suchlicense to auction vintage wine. The license to auction vintage wine shallbe in addition to any license or permit requirements imposed by ordinancewithin the county or municipal jurisdictions in which the auctioneerconducts such business.
4. No auction of vintage wine may be conducted off the businesspremises of the auctioneer. No vintage wine sold at auction shall beconsumed on the premises of the auctioneer, nor shall any original packageof vintage wine be opened on such premises in the course of any suchauction, except as provided herein. A license to conduct auctions ofvintage wine shall be issued for a period of one year and shall authorizethe auctioneer to conduct not more than six auctions of vintage wine duringsuch year. The license shall be issued in such form and upon thecompletion of such application as may be required by the supervisor ofliquor control. The fee for such license shall be five hundred dollars peryear.
5. A municipality or person legally owning, controlling or possessinga private collection of vintage wines in their original packages may shipthe vintage wine in such packages from any location within the state ofMissouri to an auctioneer licensed pursuant to this act. Upon receipt ofthe vintage wine the auctioneer shall be responsible for the storage andwarehousing thereof, for the labeling thereof pursuant to the requirementsof subsection 2 of this section, for the delivery of the vintage wine tothe purchasers at auction, and for the payment and transfer of anyapplicable state and local taxes in connection with the auction sale.
6. An auctioneer licensed to sell vintage wine pursuant to thissection may hold vintage wine tastings on the premises where an auction ofsuch vintage wine is to be conducted within the period of twenty-four hoursimmediately preceding the commencement of the auction.
7. An auctioneer licensed pursuant to this section shall be subjectto all restrictions, regulations and provisions of this chapter governingthe acquisition, storage and sale of intoxicating liquor for off-premisesconsumption which are not inconsistent with the provisions of this section.
8. An auctioneer who affixes a label to any bottle of vintage wine,as provided in subsection 2 of this section, without having determinedthrough the exercise of reasonable diligence that the wine was acquiredfrom a bona fide private collection, shall be guilty of a class Cmisdemeanor and, upon a finding of or plea of guilty with regard to anysuch misdemeanor, shall be subject to cancellation of the license issuedpursuant to subsection 3 of this section.
