Shipments of alcohol to residents permitted, when
A winery that has a license in Missouri or another state can get a special license to ship wine directly to Missouri residents who are 21 or older. The winery can ship up to two cases per month to one person, and the wine is only for personal use, not to sell. Delivery companies can also get a license to carry that wine, but they must check ID, get a signature from an adult, and never deliver to anyone under 21 or anyone who seems drunk.
311.185. Shipments of alcohol to residents ted, when. — 1. any , law, or to the contrary, any person currently d in this state or any other state as a wine may apply for and the may a , as provided in this section, which allows a wine manufacturer to ship up to two cases of wine per month directly to a resident of this state who is at least twenty-one years of age for such resident's personal use and not for . Before sending any shipment to a resident of this state, the wine manufacturer shall first obtain a wine direct shipper license as follows:
(1) File an with the ; and
(2) Provide to the division of alcohol and tobacco control a true copy of its current alcoholic beverage license issued in this state or any other state, as well as a copy of the winery license from the .
2. All wine direct shipper licensees shall:
(1) Not ship more than two cases of wine per month to any person for his or her personal use and not for resale;
(2) Not use any for shipping of wine that is not licensed under this section;
(3) Only ship wine that is properly with the Alcohol and Tobacco Tax and Trade Bureau;
(4) Only ship wine manufactured on the winery ;
(5) Ensure that all containers of wine ed directly to a resident of this state are labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR " or are conspicuously labeled with wording preapproved by the division of alcohol and tobacco control;
(6) If the winery is located outside of this state, by January thirty-first, make a report to the supervisor of alcohol and tobacco control setting out the total amount of wine shipped into the state the preceding year;
(7) If the winery is located outside of this state, pay the division of alcohol and tobacco control all due on the amount to be calculated as if the sale were in this state at the location where the delivery is made;
(8) If the winery is located within this state, provide the division of alcohol and tobacco control any additional necessary beyond that already required for sales from the winery tasting room to ensure with this section;
(9) Permit the division of alcohol and tobacco control to perform an of the wine direct shipper licensees' records upon request; and
(10) Be deemed to have consented to the of the division of alcohol and tobacco control or any other and the Missouri courts concerning of this section and any related laws, rules, or regulations.
3. The wine direct shipper licensee may annually renew its license with the division of alcohol and tobacco control by providing the division of alcohol and tobacco control all required items provided in 1 of this section.
4. Notwithstanding any law, rule, or regulation to the contrary, any carrier may apply for and the supervisor of alcohol and tobacco control may issue an , as provided in this section, which allows the carrier to transport and deliver shipments of wine directly to a resident 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, the carrier shall first obtain an alcohol carrier license by an application 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 to any person, or any person appearing to be in a state of intoxication;
(2) Require valid 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 and name of the winery or , quantity of wine shipped, recipient's name and address, and an electronic or paper form of signature from the recipient of the wine.
6. The division of alcohol and tobacco control may to the of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the in this section shall become effective only if it complies with and is subject to all of the provisions of and, if applicable, section 536.028. This section and chapter 536 are and if any of the powers with the chapter 536 to , to delay the or to disapprove and a rule are subsequently held , then the of and any rule proposed or adopted after August 28, 2007, shall be and .
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Source & history notes
(L. 2007 S.B. 299 & S.B. 616)
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