311.181. Wholesaler's license to sell malt liquor, geographical area limitation--exception--requirements. - Missouri Statutes

Wholesaler's license to sell malt liquor, geographical arealimitation--exception--requirements.

311.181. 1. In addition to any other information or documentsrequired by law, an applicant for a license which grants alone or withother privileges the privilege of selling intoxicating liquor containingnot in excess of five percent of alcohol by weight by a wholesaler to aperson duly licensed to sell such malt liquor at retail shall submit to thesupervisor of liquor control a statement under oath designating clearly thegeographical area within which the applicant has been authorized by thebrewer to sell such malt liquor, the brand or brands he proposes to sell,and the brewer or brewers who manufacture the brands, and affirming thatthe applicant will maintain a warehouse and delivery facilities within thedesignated geographical area. Each such wholesaler applicant shall enterinto a written agreement with the brewer of the brand or brands which theapplicant proposes to sell, which agreement must specifically designate ageographic area within which such wholesaler applicant is authorized tosell such brand or brands. A copy of such written agreement shall befiled with the supervisor of liquor control as a part of such application.It shall be unlawful for any such wholesaler applicant, who is granted alicense hereunder, to sell any brand or brands of malt liquor in the stateof Missouri except in the designated geographic area described in saidagreement. Provided, however, that when such an applicant is preventedfrom servicing the designated geographic area due to fire, flood, or othercauses beyond his reasonable control, another licensed wholesaler notwithin the designated geographic area may sell the specified brands of maltliquor in that designated geographic area, if the applicant wholesaler whois prevented from servicing the area consents thereto and approval isobtained from the applicable brewer and the supervisor of liquor control.

2. A specified geographic area designation in any agreement requiredby this section shall be changed only upon a written agreement between thewholesaler and the brewer, and shall be filed pursuant to this section andthe supervisor shall require the brewer and wholesaler to verify that thelevel of service within the designated geographic area will not be affectedby such change.

3. No provision of any written agreement required by this sectionshall expressly or by implication or in its operation establish or maintainthe resale price of any brand or brands of beer by the licensed wholesaler.

4. The provisions of section 311.720 shall not apply to this section.

(L. 1985 H.B. 369, A.L. 2009 H.B. 132)