311.332. Wholesale price regulation, discrimination prohibited--delivery to certain organizations for nonresale purposes, allowed when--donation permitted, when. - Missouri Statutes

Wholesale price regulation, discrimination prohibited--delivery tocertain organizations for nonresale purposes, allowedwhen--donation permitted, when.

311.332. 1. It shall be unlawful for any wholesaler licensed to sellintoxicating liquor and wine containing alcohol in excess of five percentby weight to persons duly licensed to sell such intoxicating liquor andwine at retail, to discriminate between retailers or in favor of or againstany retailer or group of retailers, directly or indirectly, in price, indiscounts for time of payment, or in discounts on quantity of merchandisesold, or to grant directly or indirectly any discount, rebate, free goods,allowance or other inducement, excepting a discount not in excess of onepercent for quantity of liquor and wine, and a discount not in excess ofone percent for payment on or before a certain date. The delivery ofmanufacturer rebate coupons by wholesalers to retailers shall not be aviolation of this subsection.

2. Manufacturers or wholesalers shall be permitted to donate ordeliver or cause to be delivered beer, wine, or brandy for nonresalepurposes to any unlicensed person or any licensed retail dealer who is acharitable or religious organization as defined in section 313.005, RSMo,or educational institution, at any location or licensed premises, provided,such beer, wine, or brandy is unrelated to the organization's orinstitution's licensed retail operation. A charge for admission to anevent or activity at which beer, wine, or brandy is available withoutseparate charge shall not constitute resale for the purposes of thissubsection. Wine used in religious ceremonies may be sold by wholesalersto a religious organization as defined in section 313.005, RSMo. Anymanufacturer or wholesaler providing nonresale items shall keep a record ofany deliveries made pursuant to this subsection.

3. Manufacturers, wholesalers, retailers and unlicensed persons maydonate wine in the original package to a charitable or religiousorganization as defined in section 313.005, RSMo, or educationalinstitution for the sole purpose of being auctioned by the organization orinstitution for fund-raising purposes, provided the auction takes place ona retail-licensed premises and all proceeds from the sale go into a fund ofan organization or institution that is unrelated to any licensed retailoperation.

(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)