Vintage wine, definition
This law is about selling old wine at auction. 'Vintage wine' means wine that is old enough to qualify — at least 5 years for domestic white, rosé, or sparkling wine, 10 years for domestic red wine, or 3 years for imported wine. A person or group that legally owns a private collection of vintage wine can sell it through a licensed auctioneer. The auctioneer must have been in business for at least 10 years, can hold up to 6 auctions per year, and must pay a $500 yearly license fee. The wine cannot be opened or drunk at the auction, except during a tasting held within 24 hours before the auction starts. Each bottle must have a label saying it came from a private collection. If an auctioneer puts that label on a bottle without actually checking that it came from a real private collection, that is a class C misdemeanor and the auctioneer can lose their license.
Classifications stated in the statute. Actual outcomes vary.
311.191. , definition — sale of vintage wine through auction, sellers — s to auction — auction conducted, where, no consumption, period, fee — shipment out of state — tastings — subject to regulations — . — 1. As used herein, the term "vintage wine" means bottled domestic white, rose or sparkling wine which is not less than five years old, domestic red wine which is not less than ten years old, or imported white, rose, red, sparkling or port wine which is not less than three years old.
2. any other of this chapter, any or person legally owning, controlling or possessing a private collection of vintage wines in their , including an , , , or of an , sheriff, , or person appointed or authorized by a court to act upon or execute a or with regard to the of that vintage wine, is authorized to sell that vintage wine at auction through an auctioneer licensed herein. The auctioneer involved in such sale shall ensure that each bottle of vintage wine sold from a private collection has a permanently label stating that the bottle was acquired from a private collection.
3. The is hereby authorized to a license to conduct auctions of vintage wine to any person licensed as an auctioneer chapter 343 and regularly conducting business as an auctioneer at a in this state within a city in a with a ; provided, however, that no such license to auction vintage wine may be issued to any person, or any controlled in whole or in part by a person, who:
(1) Has been of a or of any under this chapter;
(2) Either possesses a current license to sell at or , or previously possessed such a license which was ; or
(3) Has not been continuously in business in this state as an auctioneer for a period of ten years prior to making for such license to auction vintage wine. The license to auction vintage wine shall be in addition to any license or requirements imposed by within the county or jurisdictions in which the auctioneer conducts such business.
4. No auction of vintage wine may be conducted off the business of the auctioneer. No vintage wine sold at auction shall be consumed on the premises of the auctioneer, nor shall any of vintage wine be opened on such premises in the course of any such auction, except as provided herein. A license to conduct auctions of vintage wine shall be issued for a period of one year and shall authorize the auctioneer to conduct not more than six auctions of vintage wine during such year. The license shall be issued in such form and upon the completion of such application as may be required by the supervisor of liquor control. The fee for such license shall be five hundred dollars per year.
5. A municipality or person legally owning, controlling or possessing a private collection of vintage wines in their original packages may ship the vintage wine in such packages from any location within the state of Missouri to an auctioneer licensed pursuant to this act. Upon receipt of the vintage wine the auctioneer shall be responsible for the storage and warehousing thereof, for the labeling thereof pursuant to the requirements of 2 of this section, for the of the vintage wine to the at auction, and for the payment and of any applicable state and local taxes in connection with the auction sale.
6. An auctioneer licensed to sell vintage wine pursuant to this section may hold vintage wine tastings on the premises where an auction of such vintage wine is to be conducted within the period of twenty-four hours immediately preceding the of the auction.
7. An auctioneer licensed pursuant to this section shall be subject to all , regulations and provisions of this chapter governing the acquisition, storage and sale of intoxicating liquor for 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 determined through the exercise of that the wine was acquired from a private collection, shall be guilty of a and, upon a finding of or with regard to any such , shall be subject to of the license issued pursuant to subsection 3 of this section.
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Source & history notes
(L. 1996 S.B. 933, A.L. 2005 S.B. 262)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.