Wholesaler's license to sell malt liquor, geographical area limitation
A beer wholesaler who wants a license to sell malt liquor (beer with 5% alcohol or less) to retail stores has to tell the state which geographic area they are allowed to sell in, which beer brands they will sell, and who makes those brands. They have to have a written deal with the brewer that spells out that territory, and send a copy to the state. The wholesaler can only sell those brands inside that agreed-upon area — selling outside it is against the law. If a disaster like a fire or flood stops the wholesaler from serving their area, another wholesaler can step in temporarily with permission from the original wholesaler, the brewer, and the state. The territory can be changed later, but only with a new written agreement filed with the state. No part of these agreements can set the price that the wholesaler charges when reselling the beer.
311.181. 's to sell , geographical area limitation — — requirements. — 1. In addition to any other or documents required by law, an for a license which alone or with other s the privilege of selling containing not in excess of five percent of alcohol by a wholesaler to a person to sell such malt liquor shall submit to the a designating clearly the geographical area within which the applicant has been by the to sell such malt liquor, the brand or brands he proposes to sell, and the brewer or brewers who the brands, and affirming that the applicant will maintain a warehouse and facilities within the geographical area. Each such wholesaler applicant shall enter into a written agreement with the brewer of the brand or brands which the applicant proposes to sell, which agreement must specifically a geographic area within which such wholesaler applicant is authorized to sell such brand or brands. A copy of such written agreement shall be filed with the supervisor of liquor control as a part of such . It shall be for any such wholesaler applicant, who is granted a license hereunder, to sell any brand or brands of malt liquor in the state of Missouri except in the described in said agreement. Provided, however, that when such an applicant is prevented from servicing the designated geographic area due to fire, flood, or other causes beyond his reasonable control, another not within the designated geographic area may sell the specified brands of malt liquor in that designated geographic area, if the applicant wholesaler who is prevented from servicing the area consents and approval is obtained from the applicable brewer and the supervisor of liquor control.
2. A specified geographic area designation in any agreement required by this section shall be changed only upon a written agreement between the wholesaler and the brewer, and shall be filed this section and the shall require the brewer and wholesaler to that the level of within the designated geographic area will not be affected by such change.
3. No of any written agreement required by this section shall expressly or by implication or in its operation establish or maintain the of any brand or brands of beer by the licensed wholesaler.
4. The of section 311.720 shall not apply to this section.
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Source & history notes
(L. 1985 H.B. 369, A.L. 2009 H.B. 132)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.