311.193. Vintage wine, municipalities may sell by sealed bids--issuance of license, restrictions--consumption on premises prohibited, when--shipping--wine tastings--violations, penalty.
Vintage wine, municipalities may sell by sealed bids--issuanceof license, restrictions--consumption on premises prohibited,when--shipping--wine tastings--violations, penalty.
311.193. 1. As used in this section, the term "vintage wine" meansbottled domestic white, rose, or sparkling wine which is not less than fiveyears old, domestic red wine which is not less than ten years old, orimported white, rose, red, sparkling, or port wine which is not less thanthree years old.
2. Notwithstanding any other provisions of this chapter, anymunicipality legally owning, controlling or possessing a private collectionof vintage wines in their original packages is authorized to sell suchvintage wine through a sealed bid process. The municipality may set aminimum bid and may reserve the right to reject all bids. The municipalityshall designate a municipal employee to sell vintage wine through a sealedbid process who shall ensure that each bottle of vintage wine sold from aprivate collection has a permanently fixed label stating that the bottlewas acquired from a private collection.
3. The supervisor of liquor control is hereby authorized to issue alicense to a designated municipal employee provided that no such license tosell vintage wine through a sealed bid process may be issued to any person,who:
(1) Has been convicted of a felony or of any offense under thischapter;
(2) Either possesses a current license to sell intoxicating liquor atwholesale or retail, or previously possessed such a license which wasrevoked for cause.
4. The license to sell vintage wine through a sealed bid processshall be in addition to any license or permit requirements imposed byordinance within the county or municipality.
5. No vintage wine sold through the sealed bid process shall beconsumed on the premises of the municipality, nor shall any originalpackage of vintage wine be opened on such premises, except as providedherein. A license to sell vintage wine through a sealed bid process shallbe issued for a period of one year and shall authorize the designatedmunicipal employee to sell such wine not more than six different timesduring that year. The license shall be issued in such form and uponcompletion of such application as may be required by the supervisor ofliquor control. The fee for such license shall be fifty dollars per yearwhich shall be paid by the municipality.
6. The municipality legally owning, controlling, or possessing aprivate collection of vintage wines in their original packages may ship thevintage wine in such packages from any location within the state ofMissouri to the designated municipal employee licensed pursuant to thissection. Upon receipt of the vintage wine the designated municipalemployee shall be responsible for the storage and warehousing thereof, forthe labeling thereof pursuant to the requirements of subsection 2 of thissection, for the delivery of the vintage wine to the purchasers, and forthe payment and transfer of any applicable state and local taxes inconnection with the sale.
7. The designated municipal employee licensed to sell vintage winepursuant to this section may hold vintage wine tastings on the premiseswhere the vintage wine is stored within the period of twenty-four hoursimmediately preceding the first date on which sealed bids will be accepted.
8. The designated municipal employee licensed pursuant to thissection shall be subject to all restrictions, regulations, and provisionsof this chapter governing the acquisition, storage, and sale ofintoxicating liquor for off-premises consumption which are not inconsistentwith the provisions of this section.
9. A municipal employee designated by the municipality to sellvintage wine through a sealed bid process who affixes a label to any bottleof wine, as provided in subsection 2 of this section, without havingdetermined through the exercise of reasonable diligence that the wine wasacquired from a bona fide private collection, shall be guilty of a class Cmisdemeanor and, upon a finding of or plea of guilty with regard to anysuch misdemeanor, shall be subject to a cancellation of the license issuedpursuant to subsection 3 of this section.
(L. 2005 S.B. 262)