PURPOSE: This rule provides procedures for a supplier
of spirituous liquor and wine to remove and/or create any additional
distributor or any line or brand of product. The division's name will be
changed to Division of Alcohol and Tobacco Control in all applicable sections.
Corporations and LLC's will be changed to entities as earlier defined in
11 CSR
70-2.010 definitions. Also, the reference to alcohol
content will be changed to spirituous liquor so that it is clear this does not
apply to malt liquor.
(1) The
term supplier, as used in this regulation, means any person, partnership, or
entity licensed as a manufacturer, distiller, vintner, rectifier, solicitor (or
any employee or agent of the solicitor) which distributes wine or spirituous
liquor to duly licensed wholesalers in this state.
(2) The term wholesaler, as used in this
regulation, means any person, partnership, or entity (or any employee or agent
of the enterprise) licensed to sell wine or spirituous liquor to duly licensed
retailers in this state.
(3) No
supplier may encourage, solicit, cause, or conspire with a wholesaler to evade
or disobey any laws or regulations of the state of Missouri relating to
intoxicating liquor. No supplier may, directly or indirectly, threaten to
remove or remove a line or brand from a wholesaler because of the refusal or
failure of the wholesaler to evade or disobey any laws or regulations of
Missouri relating to intoxicating liquor. Nor may any supplier, directly or
indirectly, threaten to or create an additional distributorship in retaliation
against a wholesaler who refuses to evade or disobey any laws or regulations of
Missouri relating to intoxicating liquor.
(4) All wholesalers are to register with the
supervisor of liquor control, the lines, brands, or both of alcoholic beverages
which they handle and distribute in this state. No wholesaler may add an
additional line or brand without first filing a statement under oath with the
supervisor and with every other wholesaler affected. The statement shall
contain the following:
(A) The name of each
line or brand of spirituous liquor or wine which they will handle and
distribute in this state and the anticipated date upon which the distribution
of the line or brand is to begin;
(B) A certification that this additional line
or brand is not being added in collusion with any supplier in retaliation
against another wholesaler who refuses to evade or disobey any laws or
regulations of Missouri relating to intoxicating liquor; and
(C) Prior to making any sale of any
additional line or brand, each wholesaler shall comply with all other
requirements relating to the posting of wholesale prices.
(5) Prior to removing a line or brand from
one (1) wholesaler and/or prior to creating an additional distributorship on a
line or brand, suppliers are to file with the supervisor a statement under oath
containing the following:
(A) The name and
address of each wholesaler to whom a line, brand, or both is being transferred
or added;
(B) The name and address
of each wholesaler from whom a line or brand is being removed;
(C) The name of each line or brand to be
removed, transferred, or added; and
(D) A certification that this removal,
transfer, or creation of an additional distributorship is not in retaliation
against any wholesaler who refuses to evade or disobey any existing laws or
regulations of Missouri relating to intoxicating liquor.
(6) A copy of this statement shall at the
same time be delivered by mail or personal service to every wholesaler
affected.
