11 CSR 70-2.130 - Retailer's Conduct of Business
PURPOSE: To revise this rule that establishes general rules of conduct for retail establishments to reflect the elimination of Chapter 312, RSMo, regarding nonintoxicating beer. The division's name will be changed to Division of Alcohol and Tobacco Control in all applicable sections. Also, section (8) disallowing a licensee to have a trade name of liquor store is being eliminated.
(1) No
licensee who has had his/her license suspended by order of the supervisor of
alcohol and tobacco control may sell, give away, or permit the consumption of
any intoxicating liquor, nor may s/he order or accept delivery of any
intoxicating liquor during the period of time the order of suspension is in
effect. Any licensee desiring to keep his/her premises open for the sale of
food or merchandise during the period of suspension should display the order of
suspension issued by the supervisor of alcohol and tobacco control in a
conspicuous place on the premises so that all persons visiting the premises may
readily see the order of suspension.
(2) No person holding a license for the
retail sale of malt liquor by the drink may knowingly sell, give away, or serve
upon the premises described in the license any glass, ice, water, soda water,
phosphates, or any other kind of liquids to be used for the purpose of mixing
intoxicating drinks and commonly referred to as set-ups; nor may any licensee
allow any person while in or upon the premises covered by the license to
possess or consume any intoxicating liquor other than malt liquor, or to pour
into, mix with or add intoxicating liquor other than malt liquor, to water,
soda water, ginger ale, seltzer, or other liquid.
(3) The holder of a license authorizing the
retail sale of intoxicating liquor by the drink may sell liquor in any
quantity, not for resale, but may not possess any spirituous liquor in any
container having a capacity of more than one (1) gallon or any wine in any
container having a capacity of more than fifteen and one-half (15 1/2)
gallons.
(4) No person holding a
license authorizing the retail sale of intoxicating liquor may sell or deliver
any liquor to any person with knowledge or with reasonable cause to believe,
that the person to whom the liquor is sold or delivered has acquired the liquor
for the purpose of peddling or reselling it.
(5) No licensee may sell, give away, or
possess any spirituous liquor from or in any container when the intoxicating
liquor is not that set out on the manufacturer's label on the container or does
not have alcoholic content shown on the manufacturer's label.
(6) No retail licensee may bottle any
intoxicating liquor from any barrel or other container nor may s/he refill any
bottle or add to the contents of the bottle from any barrel or other
container.
(7) A licensee selling
intoxicating liquor by the drink, when requested to serve a particular brand or
type of spirituous liquor or beer, may not substitute another brand or type of
spirituous liquor or beer.
(8) No
retail licensee may allow or cause any sign or advertisement pertaining to
intoxicating liquor or malt beverages to be carried or transported upon any
sidewalk or street of any municipality or upon any highway of the state. This
provision is inapplicable to any legal sign or advertisement placed on a
vehicle being used to deliver intoxicating liquor or malt beverages.
(9) Whenever hours of time are set forth in
the Liquor Control Act, they are to be interpreted to mean clock time which
shall be either Central Standard Time or Central Daylight Time, whichever one
is then being observed.
(10) No
person holding a license authorizing the retail sale of intoxicating liquor may
possess any intoxicating liquor which has not been purchased from, by, or
through duly licensed wholesalers.
(11) No holder of a license to sell
intoxicating liquor by the drink may give to, sell, or permit to be given to or
sold to any on duty employee of the establishment operated by the licensee any
intoxicating liquor, in any quantity, nor may s/he permit any patron of the
establishment operated by him/her to give to any on duty employee any
intoxicating liquor, in any quantity, or to purchase it for or drink it with
any on duty employee, in the establishment or on premises of the licensee. This
provision is inapplicable when the establishment is closed to the public, so
long as the licensee is allowed to be open at that time pursuant to section
311.290,
RSMo, or any other provisions of Chapter 311 relating to opening and
closing.
(12) Improper Acts.
(A) At no time, under any circumstances, may
any licensee or his/her employees immediately fail to prevent or suppress any
violent quarrel, disorder, brawl, fight, or other improper or unlawful conduct
of any person upon the licensed premises, nor may any licensee or his/her
employees allow any indecent, profane, or obscene literature or advertising
material upon the licensed premises.
(B) In the event that a licensee or his/her
employee knows or should have known, that an illegal or violent act has been
committed on or about the licensed premises, they are obligated to immediately
report the occurrence to law enforcement authorities and cooperate with law
enforcement authorities and agents of the Division of Alcohol and Tobacco
Control during the course of any investigation into an occurrence.
(13) Lewdness. No retail licensee
or his/her employee may permit in or upon his/her licensed premises-
(A) The performance of acts, or simulated
acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation, or any sexual acts which are prohibited by law;
(B) The displaying of any portion of the
areola of the female breast;
(C)
The actual or simulated touching, caressing, or fondling of the breast,
buttocks, anus, or genitals;
(D)
The actual or simulated displaying of the pubic hair, anus, vulva, or
genitals;
(E) The permitting by a
licensee of any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus; and
(F) The displaying of films, video programs,
or pictures depicting acts, the live performances of which are prohibited by
this regulation or by any other law.
(14) In the event the premises of any
licensee is declared to be off-limits by the military authorities, the licensee
may not permit any member of the armed forces to be in or upon the premises
covered by his/her license. Provided, this is only effective after the licensee
is notified of the order by the supervisor of alcohol and tobacco control.
Members of the Military Police or Shore Patrol are exempt from this
provision.
Notes
*Original authority: 311.660, RSMo 1939, amended 1989.
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