11 CSR 70-2.030 - Change of Facts, Posting, Transfer, and Lost Licenses-Executors-Administrators
PURPOSE: This amendment lists the responsibilities of the managing officer and clarifies the expectations for change of facts.
(1) Written notice is
to be provided to the supervisor of Alcohol and Tobacco Control within fifteen
(15) days if any factor or information changes from what is set forth on an
application during a period of licensure.
(2) A license issued pursuant to this chapter
is to be displayed in a conspicuous place on the premises where the business is
carried on, as well as any city or county license designating the premises as a
place to sell intoxicating liquor. No license may be posted at the premises
where traffic in intoxicating liquor is being carried on by any person other
than the licensee. A license may not be knowingly defaced, destroyed, or
altered.
(3) The supervisor of
Alcohol and Tobacco Control may allow a license to be transferred to any other
premises or to any other part of the building containing the licensed premises,
provided the premises sought to be licensed meets the requirements of the law.
The licensee must apply for permission to transfer in writing, and the
supervisor must approve the application for permission to transfer before the
license can be transferred. The application for permission to transfer must
include-
(A) Legal name, business name or
d/b/a, and license number(s) of licensee;
(B) Address and legal description of current
premises;
(C) Address and legal
description of premises to which transfer is sought, together with name and
address of owner or landlord; and
(D) A consent of surety(ies), signed, and
witnessed by private individuals in the same manner in which the signatures
appear on the bond itself. If the bond was signed by a surety company, the
consent needs to be signed by a duly authorized officer or attorney-in-fact of
the company whose authority or power of attorney is on file in the Division of
Alcohol and Tobacco Control.
(4) Whenever a license is lost or destroyed,
a duplicate license in lieu of the lost or destroyed license may be issued by
the supervisor of Alcohol and Tobacco Control without cost to the
licensee.
(5) Unless licensed by
the supervisor of Alcohol and Tobacco Control as such, no receiver, assignee,
trustee, guardian, administrator, or executor may sell any intoxicating liquor
belonging to the estate over which s/he has control, except to a licensed
wholesaler or retailer with the written consent of the supervisor of Alcohol
and Tobacco Control to sell the intoxicating liquor. The supervisor may give
written consent after receiving the following documents and information:
(A) A copy of the order of the court having
jurisdiction over the estate authorizing the sale; and
(B) A joint affidavit signed by the receiver,
assignee, trustee, guardian, administrator, or executor and the purchaser,
setting out an inventory of the stock, the price for which it is to be sold,
the date of the contract of sale, and the license number of the
purchaser.
(6) In the
event that a licensee's license has been lost, stolen, destroyed, or a transfer
to another place of business is desired, an agent or inspector, with the
approval of the supervisor, may issue a special certificate which will allow
the licensee to continue his/her business. In no event may the special
certificate continue in effect for more than ten (10) days from the date of
issuance.
(7) Corporations and
other entities licensed under the provisions of section
311.060,
RSMo, shall designate a managing officer who is an individual in the
corporation's or other entity's employ, either as an officer or an employee
with the general control and superintendence of the licensed premises, or an
agent capable of representing and binding the corporation or other entity
during all interactions or proceedings with the supervisor or a designated
representative dealing with the Liquor Control Law.
(A) The managing officer shall be responsible
for:
1. Receiving correspondence from the
supervisor or a designated representative dealing with the Liquor Control
Law;
2. Responding to verbal
communications requests from the supervisor or a designated representative
dealing with the Liquor Control Law;
3. Providing information requested by the
state supervisor or a designated representative dealing with the Liquor Control
Law;
4. Assisting in the
preparation of the original application for licensure and any subsequent
renewal applications, signing such applications, and swearing to the accuracy
of all information contained in such applications.
(B) If the managing officer is not an officer
or an employee with the general control and superintendence of the licensed
premises, the managing officer must have limited power of attorney to represent
and bind the corporation or other entity during all interactions with the
supervisor or a designated representative dealing with the Liquor Control
Law.
(C) Applicants must submit
documentation alongside their application sufficient to prove that the managing
officer designated in the application satisfies the qualifications in section
311.060,
RSMo, and this regulation.
(D) If
a vacancy occurs in the office of the managing officer, a replacement shall be
named within fifteen (15) days of the vacancy. Replacements must qualify under
section
311.060,
RSMo, and this regulation. If the supervisor determines that a replacement does
not qualify under section
311.060,
RSMo, and this regulation, the supervisor shall notify the licensee in writing,
and the licensee shall have fifteen (15) days from the date of the written
notice to name a qualified replacement.
(8) Licensees are responsible for ensuring
that the contact information for all persons listed in the application on
record with the division is accurate and current.
Notes
*Original authority: 311.660, RSMo 1939, amended 1989.
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