Missouri Revised Statutes













Chapter 311

Liquor Control Law

←311.180

Section 311.181.1

311.182→

August 28, 2015

Wholesaler's license to sell malt liquor, geographical area limitation--exception--requirements.

311.181. 1. In addition to any other information or documents required

by law, an applicant for a license which grants alone or with other

privileges the privilege of selling intoxicating liquor containing not in

excess of five percent of alcohol by weight by a wholesaler to a person duly

licensed to sell such malt liquor at retail shall submit to the supervisor of

liquor control a statement under oath designating clearly the geographical

area within which the applicant has been authorized by the brewer to sell

such malt liquor, the brand or brands he proposes to sell, and the brewer or

brewers who manufacture the brands, and affirming that the applicant will

maintain a warehouse and delivery facilities within the designated

geographical area. Each such wholesaler applicant shall enter into a written

agreement with the brewer of the brand or brands which the applicant proposes

to sell, which agreement must specifically designate a geographic area within

which such wholesaler applicant is authorized to sell such brand or brands.

A copy of such written agreement shall be filed with the supervisor of liquor

control as a part of such application. It shall be unlawful for any such

wholesaler applicant, who is granted a license hereunder, to sell any brand

or brands of malt liquor in the state of Missouri except in the designated

geographic area described in said agreement. Provided, however, that when

such an applicant is prevented from servicing the designated geographic area

due to fire, flood, or other causes beyond his reasonable control, another

licensed wholesaler not within the designated geographic area may sell the

specified brands of malt liquor in that designated geographic area, if the

applicant wholesaler who is prevented from servicing the area consents

thereto and approval is obtained from the applicable brewer and the

supervisor of liquor control.



2. A specified geographic area designation in any agreement required by

this section shall be changed only upon a written agreement between the

wholesaler and the brewer, and shall be filed pursuant to this section and

the supervisor shall require the brewer and wholesaler to verify that the

level of service within the designated geographic area will not be affected

by such change.



3. No provision of any written agreement required by this section shall

expressly or by implication or in its operation establish or maintain the

resale price of any brand or brands of beer by the licensed wholesaler.



4. The provisions of section 311.720 shall not apply to this section.



(L. 1985 H.B. 369, A.L. 2009 H.B. 132)





1991



1991



311.181. 1. In addition to any other information or

documents required by law, an applicant for a license which

grants alone or with other privileges, the privilege of selling

intoxicating liquor containing not in excess of five percent of

alcohol by weight or the privilege of selling nonintoxicating

beer as defined in chapter 312, RSMo, by a wholesaler to a person

duly licensed to sell such malt liquor or nonintoxicating beer at

retail shall submit to the supervisor of liquor control a

statement under oath designating clearly the geographical area

within which the applicant has been authorized by the brewer to

sell such malt liquor or nonintoxicating beer, the brand or

brands he proposes to sell, and the brewer or brewers who

manufacture the brands, and affirming that the applicant will

maintain a warehouse and delivery facilities within the

designated geographical area. Each such wholesaler applicant

shall enter into a written agreement with the brewer of the brand

or brands which the applicant proposes to sell, which agreement

must specifically designate a geographic area within which such

wholesaler applicant is authorized to sell such brand or brands.

A copy of such written agreement shall be filed with the

supervisor of liquor control as a part of such application. It

shall be unlawful for any such wholesaler applicant, who is

granted a license hereunder, to sell any brand or brands of malt

liquor or nonintoxicating beer in the state of Missouri except in

the designated geographic area described in said agreement.

Provided, however, that when such an applicant is prevented from

servicing the designated geographic area due to fire, flood, or

other causes beyond his reasonable control, another licensed

wholesaler not within the designated geographic area may sell the

specified brands of malt liquor or nonintoxicating beer in that

designated geographic area, if the applicant wholesaler who is

prevented from servicing the area consents thereto and approval

is obtained from the applicable brewer and the supervisor of

liquor control.



2. A specified geographic area designation in any agreement

required by this section shall be changed only upon a written

agreement between the wholesaler and the brewer, and shall be

filed pursuant to this section and the supervisor shall require

the brewer and wholesaler to verify that the level of service

within the designated geographic area will not be affected by

such change.



3. No provision of any written agreement required by this

section shall expressly or by implication or in its operation

establish or maintain the resale price of any brand or brands of

beer by the licensed wholesaler.



4. The provisions of section 311.720 and section 312.510,

RSMo, shall not apply to this section.



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