PURPOSE: This amendment clarifies some definitions
and adds new definitions to support Chapter 311.
PURPOSE: This rule defines certain terms pertaining
to and commonly used throughout Chapter 311, RSMo, and the rules and
regulations of the supervisor of liquor control.
(1) Close proximity refers to two (2) or more
areas that are located on one (1) continuous tract of land owned or leased by
the same person, or within line of sight of one another, or located on an
adjoining property owned or leased by the same person.
(2) Delivery occurs when a licensee
transports or uses an employee or agent to transport intoxicating liquor to a
consumer at a location other than the licensed premises.
(3) Direct financial interest means
personally having, owning, or otherwise holding a financial interest.
(4) Domestic wine is defined in accordance
(5) Good moral character
refers to honesty, fairness, and respect for the rights of others and for the
laws of the state and nation.
Indirect financial interest means enjoying the benefits of a direct financial
interest of another person, as that term is defined in section
RSMo, or having any control over another person with a direct financial
interest, including but not limited to: a spouse, minor child, or other
relative living in the same home holding a direct financial interest; sharing
monetary assets or liabilities with another person with a direct financial
interest; having more than a ten percent (10%) ownership interest in another
person with a direct financial interest; directly managing or serving as the
managing officer of another person with a direct financial interest; or sharing
common ownership where the common owner has more than a ten percent (10%)
interest in each person.
Intoxicating liquor is defined in accordance with 311.020, RSMo.
(8) Malt liquor or beer is defined in
accordance with section
and (2), RSMo.
(9) Managing officer means an individual in
an applicant or licensee's employ or agent thereof who shall be responsible for
any licenses issued by the state supervisor and serves as the division's
primary point of contact with the applicant or licensee.
(10) The words manufacturer and
manufacturer-solicitor, whenever used as nouns in Chapter 311, RSMo, and in
these regulations, are synonymous.
Ordinary Commercial Credit.
(A) Malt Beverages. Ordinary commercial
credit for malt beverages is credit that requires payment to be made by the
retail licensee by the last day of the month for malt beverages delivered on or
after the first day of the month and up to and including the fifteenth day of
the month and by the fifteenth day of the following month for malt beverages
delivered to the retail licensee on or after the sixteenth day of the month and
up to and including the last day of the month. No brewer or wholesaler may sell
or deliver malt beverages while the retail licensee owes the brewer or
wholesaler for malt beverages beyond the period of time as indicated in this
(B) Spirituous Liquor
and Wine. Ordinary commercial credit for spirituous liquor and/or wine is
credit that requires payment to be made by the retail licensee within thirty
(30) days after the delivery of spirituous liquor and/or wine to the retail
licensee. No distiller, wholesaler, or wine maker may sell or deliver
spirituous liquor and/or wine while the licensee owes the distiller,
wholesaler, or wine maker for spirituous liquor and/or wine beyond the period
of time as indicated in this subsection.
(12) Original package refers to any package containing
one (1) or more bottles, pouches, or cans of malt liquor, spirituous liquors,
or wine in the manufacturer's original sealed container.
(13) The word permit, whenever used as a verb
in Chapter 311, RSMo, and in these regulations, means to have knowledge of an
event or activity and to authorize, make possible, allow by tacit consent, or
fail to prevent said event or activity from occurring. Knowledge of an event or
activity may be inferred if the event or activity occurs openly, or if
knowledge of the event or activity could have been obtained through the
exercise of reasonable care and diligence.
(14) The words permit and license, whenever used as
nouns in Chapter 311, RSMo, and in these regulations are synonymous.
(15) The words permittee and licensee,
whenever used as nouns in Chapter 311, RSMo, and in these regulations are
(16) Person is defined
in accordance with section
(17) Premises or premise
refers to any place where intoxicating liquor is sold or consumed and may be
one (1) room, a building comprising several rooms, two (2) or more buildings
permanently connected by a covered walkway, or a building with adjacent or
surrounding land that has clearly delineated, permanent boundaries and is not
used primarily for vehicular travel or parking, such as a lot or
(18) Retailer is a person
holding a license from the state supervisor authorizing the person to sell,
offer to sell, or facilitate the sale of intoxicating liquor to
(19) Shipment occurs
when a licensee uses a common carrier to transport intoxicating liquor to a
consumer at a location other than the licensed premises.
(20) Spirits or spirituous liquor includes
brandy, rum, whiskey, gin, any distilled intoxicating liquor, and all other
preparations, dilutions, or mixtures for beverage purposes of a like character
and excludes all other vinous, fermented, or malt liquors.
(21) Unlabeled liquor includes any
intoxicating liquor that does not have a label affixed to the original package,
that has a label affixed to the original package which has not been approved in
accordance with state and federal laws and regulations, or that has an approved
label that has been affixed to the original package in a way that is not in
accordance with state or federal laws and regulations.
(22) The words wholesaler and/or wholesale-solicitor
whenever used as nouns in Chapter 311, RSMo, and in these regulations, are
(23) Wine is a vinous
liquor produced by fermentation of juices of grapes, berries, or other fruits,
or a preparation of certain vegetables by fermentation, and containing alcohol
not in excess of twenty-two percent (22%) by volume.
(24) A case of wine, for the purposes of wine
direct shipments, is a box, crate, or other container that holds twelve (12)
standard bottles of wine in the manufacturer's original package, each
containing seven hundred fifty milliliters (750 ml), or holds one (1) or more
containers of wine in the manufacturer's original package with an aggregate
total of no more than nine (9) liters or two and thirty-eight hundredths (2.38)
gallons of wine.
refers to the sole proprietor, partnership, or entity applying for a liquor
(26) Entity refers to any
association, corporation, limited liability company, limited partnership, or
other business structure which has a separate legal existence from its
owner(s). Entity also includes any business structure not in conformance with a
sole proprietor or partnership structure as defined herein.
(27) Partnership refers to two (2) or more
individuals who share control over the management and profits of a business
structure. The business has no separate legal existence from the
(28) Sole proprietor
refers to one (1) individual who exercises exclusive control over the
management and profits of a business structure. The business has no separate
existence from its owner. Income and losses are taxed on the individual's
personal income tax return.