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

11 CSR 70-2.130
AUTHORITY: section 311.660, RSMo 1994.* This version of rule filed Feb. 8, 1973, effective Feb. 18, 1973. Amended: Filed Aug. 23, 1974, effective Sept. 2, 1974. Amended: Filed May 16, 1977, effective Aug. 11, 1977. Amended: Filed Aug. 20, 1979, effective Dec. 13, 1979. Amended: Filed April 23, 1981, effective Aug. 13, 1981. Amended: Filed April 7, 1983, effective July 11, 1983. Amended: Filed May 25, 1983, effective Sept. 11, 1983. Amended: Filed Aug. 5, 1991, effective Jan. 13, 1992. Amended: Filed Feb. 27, 1998, effective Aug. 30, 1998. Amended by Missouri Register April 15, 2019/Volume 44, Number 8, effective 5/31/2019

*Original authority: 311.660, RSMo 1939, amended 1989.

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