Section 311.332

Title XX ALCOHOLIC BEVERAGES

Chapter 311

Effective - 28 Aug 2009, 2 histories   

  311.332.  Wholesale price regulation, discrimination prohibited — delivery to certain organizations for nonresale purposes, allowed when — donation permitted, when. — 1.  It shall be unlawful for any wholesaler licensed to sell intoxicating liquor and wine containing alcohol in excess of five percent by weight to persons duly licensed to sell such intoxicating liquor and wine at retail, to discriminate between retailers or in favor of or against any retailer or group of retailers, directly or indirectly, in price, in discounts for time of payment, or in discounts on quantity of merchandise sold, or to grant directly or indirectly any discount, rebate, free goods, allowance or other inducement, excepting a discount not in excess of one percent for quantity of liquor and wine, and a discount not in excess of one percent for payment on or before a certain date.  The delivery of manufacturer rebate coupons by wholesalers to retailers shall not be a violation of this subsection.

  2.  Manufacturers or wholesalers shall be permitted to donate or deliver or cause to be delivered beer, wine, or brandy for nonresale purposes to any unlicensed person or any licensed retail dealer who is a charitable or religious organization as defined in section 313.005 or educational institution, at any location or licensed premises, provided, such beer, wine, or brandy is unrelated to the organization's or institution's licensed retail operation.  A charge for admission to an event or activity at which beer, wine, or brandy is available without separate charge shall not constitute resale for the purposes of this subsection.  Wine used in religious ceremonies may be sold by wholesalers to a religious organization as defined in section 313.005. Any manufacturer or wholesaler providing nonresale items shall keep a record of any deliveries made pursuant to this subsection.

  3.  Manufacturers, wholesalers, retailers and unlicensed persons may donate wine in the original package to a charitable or religious organization as defined in section 313.005 or educational institution for the sole purpose of being auctioned by the organization or institution for fund-raising purposes, provided the auction takes place on a retail-licensed premises and all proceeds from the sale go into a fund of an organization or institution that is unrelated to any licensed retail operation.

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(L. 1955 p. 40 § 311.331, A.L. 1985 H.B. 166, A.L. 1986 S.B. 444, A.L. 1987 H.B. 62 & 70, A.L. 1995 S.B. 43, A.L. 1997 H.B. 63, A.L. 2005 S.B. 262, A.L. 2009 H.B. 132)

(1966) This section does not make it unlawful for a wholesaler to refuse to sell its products to any particular retailer; it makes it unlawful only for a wholesaler to discriminate between retailers, (1) in price; (2) in discounts for time payments, and (3) in discounts for quantity of merchandise sold.  It also makes it unlawful for a wholesaler to grant any rebate, free goods, allowances or other inducements, except as specifically authorized.  Giloti v. Hamm-Singer Corp. (Mo.), 396 S.W.2d 711.