PURPOSE: To revise this section, which establishes procedures for storage and transfer from a central warehouse by multiple licensed intoxicating liquor licensees, to reflect the elimination of Chapter 312, RSMo, regulating nonintoxicating beer. The division's name will be changed to Division of Alcohol and Tobacco Control in all applicable sections.
(1) This regulation applies to all persons or entities who own and operate more than one (1) premises licensed to sell intoxicating liquor at retail.(2) Any person or entity set forth in section (1), with the permission of the supervisor of alcohol and tobacco control, may designate one (1) or more places as a central warehouse to which intoxicating liquors ordered and purchased by a person or entity from licensed wholesalers may be delivered by licensed wholesalers and at which intoxicating liquors so owned by a person or entity may be stored.(3) Any person or entity set forth in section (1) owning and storing intoxicating liquors in a central warehouse as provided in section (1) may transfer all or any part of the intoxicating liquors so stored from the central warehouse to any premises licensed to sell intoxicating liquors at retail which is owned and operated by the same person or entity and which is located in the same county in which the central warehouse is located, or is located in a county adjoining and contiguous to the county in which the central warehouse is located, but not otherwise; except that private brands of intoxicating liquor owned and sold exclusively by only one (1) person or entity as set forth in section (1), and brands not privately owned but sold exclusively by only one (1) person or entity may be transferred from the warehouse to any licensed premises in the state owned by a person or entity, who is the exclusive retail dealer of the brand; provided, however, that malt liquor is not transferred from the central warehouse to another licensed premises unless the licensed premises is located in the same designated geographic area of the wholesaler from whom the malt liquor was purchased. The City of St. Louis is deemed to be a county for the purposes of this regulation.(4) Any person or entity set forth in section (1) desiring to transfer intoxicating liquor from a premises licensed to sell intoxicating liquors at retail-owned and controlled by a person or entity to another premises so licensed and owned and controlled by the same person or entity, should first notify the supervisor of alcohol and tobacco control in writing describing the type, brand, size containers, and amount of intoxicating liquors to be so transferred, the license numbers of the premises from which and to which the transfer is to be made, and the true reason for the transfer and no transfer may be made until the supervisor of alcohol and tobacco control has assented to the transfer or until three (3) full days (not counting Saturdays, Sundays, and holidays) has elapsed after the receipt of the notice by the supervisor of alcohol and tobacco control during which time the supervisor did not refuse the transfer. AUTHORITY: section 311.660, RSMo Supp. 1989.* This version of rule filed Feb. 8, 1973, effective Feb. 18, 1973. Amended: Filed May 15, 1987, effective Aug. 13, 1987. Amended by Missouri Register April 15, 2019/Volume 44, Number 8, effective 5/31/2019*Original authority: 311.660, RSMo 1939, amended 1989.