☰ Revisor of Missouri

Title XX ALCOHOLIC BEVERAGES

Chapter 311

< > Effective - 28 Aug 2021 bottom

  311.202.  Sale of retailer-packaged alcoholic beverages to customers in containers for off-premises consumption, when — requirements. — 1.  Notwithstanding any provision of law to the contrary, any person who is licensed to sell intoxicating liquor at retail by the drink for on-premises consumption may sell retailer-packaged alcoholic beverages to customers in containers, filled on such premises by any employee of the retailer who is twenty-one years of age or older, for off-premises consumption if all the following requirements are met:

  (1)  The container of the alcoholic beverage is rigid, durable, leakproof, sealable, and designed to prevent consumption without removal of the tamperproof cap or seal.  A sealable container does not include a container with a lid with sipping holes or openings for straws;

  (2)  The contents of each container do not exceed one hundred twenty-eight ounces;

  (3)  The patron orders and purchases a meal from the licensee simultaneous with the alcoholic beverage purchase.  For purposes of this subdivision, a "meal" is defined as food that has been prepared on-premises;

  (4)  The number of alcoholic beverages sold under this section by a licensee for off-premises consumption is limited to twice the number of meal servings sold by the licensee for off-premises consumption;

  (5)  The licensee provides the patron with a dated receipt or an electronic record for the meal and alcohol beverages; and

  (6)  The container is either:

  (a)  Placed in a one-time-use, tamperproof, transparent bag that is securely sealed; or

  (b)  The container opening is sealed with tamperproof tape.

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For purposes of this subdivision, "tamperproof" means that a lid, cap, or seal visibly demonstrates when a bag or container has been opened.

  2.  Containers that are filled under subsection 1 of this section shall be affixed with a label or a tag that contains the name and address of the business that filled the container, in type not smaller than three millimeters in height and not more than twelve characters per inch, and states, "THIS BEVERAGE CONTAINS ALCOHOL.".

  3.  The filling of a container under this section shall be in compliance with Section 3-304.17(C) of the 2009 Food and Drug Administration Food Code.

  4.  No provision of law, or rule or regulation of the division of alcohol and tobacco control, shall be interpreted to allow any wholesaler, distributor, or manufacturer of intoxicating liquor to furnish containers that are filled under subsection 1 of this section to any person who is licensed to sell intoxicating liquor at retail.

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(L. 2021 S.B. 126)


---- end of effective  28 Aug 2021 ----

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