311.260. More than five licenses by any one person prohibited, exception. — 1. No person, corporation, employee, officer, agent, subsidiary, or affiliate thereof, shall:
(1) Have more than five licenses; or
(2) Be directly or indirectly interested in any business of any other person, corporation, or employee, officer, agent, subsidiary, or affiliate thereof, who sells intoxicating liquor at retail by the drink for consumption on the premises described in any license; or
(3) Sell intoxicating liquor at retail by the drink for consumption at the place of sale at more than five places in this state.
2. Notwithstanding any other provision of this chapter or municipal ordinance to the contrary, for the purpose of determining whether a person, corporation, employee, officer, agent, subsidiary, or affiliate thereof has a disqualifying interest in more than five licenses pursuant to subsection 1 of this section, there shall not be counted any license to sell intoxicating liquor at retail by the drink for consumption on the following premises:
(1) Restaurants where at least fifty percent of the gross income of which is derived from the sale of prepared meals or food consumed on the premises where sold; or
(2) Establishments which have an annual gross income of at least two hundred thousand dollars from the sale of prepared meals or food consumed on the premises where sold; or
(3) Facilities designed for the performance of live entertainment and where the receipts for admission to such performances exceed one hundred thousand dollars per calendar year; or
(4) Any establishment having at least forty rooms for the overnight accommodation of transient guests.
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(RSMo 1939 § 4907, A.L. 1971 S.B. 18, A.L. 1990 H.B. 1180, A.L. 1995 S.B. 43, A.L. 2003 S.B. 298, A.L. 2009 H.B. 132)
---- end of effective 28 Aug 2009 ----
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