Wholesale price regulation, discrimination prohibited
Alcohol wholesalers cannot give different prices or special deals to some stores but not others. They can only offer up to 1% off for buying a large amount, or up to 1% off for paying early. Manufacturers and wholesalers can give free beer, wine, or brandy to charities, religious groups, or schools as long as it is not being resold. Anyone in the alcohol business can also donate alcohol in its original container to a charity or school to be auctioned or raffled off to raise money, as long as the event happens at a licensed location and all the money goes to the organization.
311.332. price , discrimination prohibited — to certain organizations for purposes, allowed when — donation permitted, when. — 1. It shall be for any licensed to sell and wine containing alcohol in excess of five percent to persons to sell such intoxicating liquor and wine , to between s or in favor of or against any retailer or group of retailers, directly or indirectly, in price, in discounts for time of payment, or in discounts on quantity of sold, or to directly or indirectly any discount, , free goods, allowance or other , excepting a discount not in excess of one percent for quantity of liquor and wine, and a discount not in excess of one percent for payment on or before a certain date. The delivery of rebate coupons by to retailers shall not be a violation of this .
2. Manufacturers or wholesalers shall be permitted to donate or or cause to be delivered beer, wine, or for nonresale purposes to any unlicensed person or any who is a charitable or religious organization as defined in section 313.005 or educational institution, at any location or , provided, such beer, wine, or brandy is unrelated to the organization's or institution's licensed operation. A charge for admission to an event or activity at which beer, wine, or brandy is available without separate charge shall not constitute for the purposes of this subsection. Wine used in religious ceremonies may be sold by wholesalers to a religious organization as defined in section 313.005. Any manufacturer or wholesaler providing nonresale items shall keep a of any deliveries made this subsection.
3. Manufacturers, wholesalers, retailers and unlicensed persons may donate wine, beer, , or , in the to a charitable or religious organization as defined in section 313.005 or educational institution for the sole purpose of being auctioned or raffled by the organization or institution for -raising purposes, provided the auction or raffle takes place on a retail-licensed premises and all from the sale go into a fund of an organization or institution that is unrelated to any licensed retail operation.
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Source & history notes
(L. 1955 p. 40 § 311.331, A.L. 1985 H.B. 166, A.L. 1986 S.B. 444, A.L. 1987 H.B. 62 & 70, A.L. 1995 S.B. 43, A.L. 1997 H.B. 63, A.L. 2005 S.B. 262, A.L. 2009 H.B. 132, A.L. 2025 H.B. 1041) (1966) This section does not make it unlawful for a wholesaler to refuse to sell its products to any particular retailer; it makes it unlawful only for a wholesaler to discriminate between retailers, (1) in price; (2) in discounts for time payments, and (3) in discounts for quantity of merchandise sold. It also makes it unlawful for a wholesaler to grant any rebate, free goods, allowances or other inducements, except as specifically authorized. Giloti v. Hamm-Singer Corp. (Mo.), 396 S.W.2d 711.
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