Section 311.420

Title XX ALCOHOLIC BEVERAGES

Chapter 311

Effective - 28 Aug 2007   

  311.420.  Transporter's license — fee — bond — qualifications — certain carriers exempt. — 1.  No person, except carriers regulated by the motor carrier and railroad safety division of the department of economic development under chapters 387, 389 and 390, shall transport into, within, or through the state of Missouri any intoxicating liquors in quantities larger than five gallons unless such person holds a valid license or permit from the supervisor of alcohol and tobacco control of the state of Missouri to do so.  For such license, there shall be paid to the director of revenue the sum of ten dollars per annum.  Application for such license shall be made to the supervisor of alcohol and tobacco control of the state of Missouri and each applicant shall submit with his application a bond in the penal sum of one thousand dollars with sufficient surety to be approved by the supervisor of alcohol and tobacco control, conditioned that he will not violate any provisions of the liquor control laws of this state or any regulation promulgated under such liquor control laws, and any violation of such condition shall work a forfeiture of such bond to the state of Missouri.  The license year shall end on June thirtieth, and the applicant shall pay as many twelfths as there are months, with each part of a month being counted as a month, remaining from the date of the license to the next succeeding July first.  The supervisor of alcohol and tobacco control may issue single transaction licenses, for which there shall be paid to the director of revenue the sum of five dollars, and, if the value of the liquor to be transported exceeds one hundred dollars, the permit shall not be issued until the bond provided for above in this section is given to the state.  No such transporter's license shall be required of any person licensed by the supervisor of alcohol and tobacco control whose licensed premises are located in the state of Missouri, nor shall it be necessary to procure a license to transport liquor purchased from a retail liquor dealer duly licensed by the supervisor of alcohol and tobacco control of the state of Missouri.  No license or permit shall be required to transport industrial alcohol.

  2.  The qualifications prescribed for the issuance of other licenses by the provisions of the liquor control law shall not apply to licenses issued under this section, but no license shall be issued to any person who is not of good moral character or who has been convicted since the ratification of the twenty-first amendment to the Constitution of the United States of the violation of any law applicable to the manufacture or sale of intoxicating liquor, nor to any person who has had a license from the supervisor of alcohol and tobacco control revoked.  If applicant is a corporation, the managing officer thereof must possess the qualifications prescribed in this section.

  3.  Carriers licensed under this section or carriers exempt from holding a permit under this section shall not deliver wine to a resident of this state without obtaining an alcohol carrier license under section 311.185.

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(L. 1949 p. 320 § 4932, A.L. 1985 H.B. 157, A.L. 2007 S.B. 299 & S.B. 616)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

(1951) Provisions of § 311.820 constitute a condition to the granting of a license hereunder and application and acceptance of a license under this section requires consent to the inspection of cargo by enforcement officers. Constitutional rights against search therefor are waived by licensee. State v. Ward, 361 Mo. 1236, 239 S.W.2d 313.