Sale of retailer-packaged alcoholic beverages to customers in containers for off-premises consumption, when
A bar or restaurant that is licensed to sell alcohol for drinking on-site can also fill sealed containers with alcohol for customers to take home, but only if certain rules are followed. The customer must buy a food meal made at the restaurant at the same time, the container must be properly sealed and tamperproof, and the container must have a label showing the business name and a warning that it contains alcohol. Wholesalers and manufacturers are not allowed to supply these filled containers to retailers.
311.202. Sale of to customers in containers for , when — requirements. — 1. any of law to the contrary, any person who is licensed to sell for may sell retailer-packaged alcoholic beverages to customers in containers, filled on such by any employee of the who is twenty-one years of age or older, for off-premises consumption if all the following requirements are met:
(1) The container of the alcoholic beverage is rigid, durable, leakproof, sealable, and designed to prevent consumption without removal of the cap or seal. A sealable container does not include a container with a lid with sipping holes or openings for straws;
(2) The contents of each container do not exceed one hundred twenty-eight ounces;
(3) The orders and purchases a meal from the simultaneous with the alcoholic beverage purchase. For purposes of this , a "meal" is defined as food that has been prepared on-premises;
(4) The number of alcoholic beverages sold under this section by a licensee for off-premises consumption is limited to twice the number of meal servings sold by the licensee for off-premises consumption;
(5) The licensee provides the patron with a dated receipt or an electronic for the meal and alcohol beverages; and
(6) The container is either:
(a) Placed in a one-time-use, tamperproof, transparent bag that is securely ; or
(b) The container opening is sealed with tamperproof tape.
2. Containers that are filled under 1 of this section shall be with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three millimeters in height and not more than twelve characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL.".
3. The filling of a container under this section shall be in with Section 3-304.17(C) of the 2009 Food Code.
4. No provision of law, or or of the , shall be interpreted to allow any , , or of intoxicating liquor to furnish containers that are filled under subsection 1 of this section to any person who is licensed to sell intoxicating liquor .
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Source & history notes
(L. 2021 S.B. 126)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.