State Codes and Statutes
Statutes > Missouri > T20 > C311 > 311_335Liquor sales by wholesalers, delivery price--delayed shipment--sale ofclose-out merchandise permitted, when.
311.335. 1. Any wholesaler licensed to sell intoxicating liquor andwine containing alcohol in excess of five percent by weight shall deliversuch intoxicating liquor and wine to a retailer at the price in effect forthat calendar month in which the delivery occurs.
2. Such wholesaler licensed to sell intoxicating liquor and winecontaining alcohol in excess of five percent by weight shall not take anorder for delivery in a month subsequent to the month in which the order istaken, provided that during the last five business days of each month,orders may be taken for delivery in the following month at the price ineffect for that following month and provided, further, that for any orderreceived within the last five business days of a month, the wholesaler may,with the consent of the retailer placing such order, deliver such order tothe retailer within the first five business days of the month following themonth in which the order was received by such wholesaler at the price ineffect for the month in which the order was placed. Such order receivedwithin the last five business days of a month and delivered within thefirst five business days of the subsequent month shall be known as a"delayed shipment". A delayed shipment shall be deemed delivered on thelast business day of the month in which the order was received for purposesof implementing and enforcing rules and regulations of the supervisor ofalcohol and tobacco control relating to invoicing, discounts and ordinarycommercial credit terms.
3. Any wholesaler licensed to sell intoxicating liquors and winescontaining alcohol in excess of five percent by weight shall be allowed tooffer for sale intoxicating liquors or wines containing alcohol in excessof five percent by weight to persons duly licensed to sell intoxicatingliquors and wines at retail at prices which are below the wholesaler's costonly if such intoxicating liquors and wines are designated to be close-outmerchandise. Wholesalers shall designate intoxicating liquors and winescontaining alcohol in excess of five percent by weight to be close-outmerchandise by identifying them such as close-out items when providingmonthly pricing information to retailers as required in section 311.333. Awholesaler shall not purchase any intoxicating liquor or wine containingalcohol in excess of five percent by weight while such intoxicating liquoror wine is designated as close-out merchandise. Intoxicating liquors orwines containing alcohol in excess of five percent by weight that aredesignated as close-out merchandise shall be designated as close-outmerchandise for not less than six consecutive months. After such time, awholesaler may remove items from close-out designation by no longeridentifying them as close-out items when providing monthly pricinginformation to retailers as required in section 311.333.
(L. 1998 H.B. 1705 § 1, A.L. 2009 H.B. 132)
