311.420. Transporter's license--fee--bond--qualifications--certain carriers exempt. - Missouri Statutes

Transporter's license--fee--bond--qualifications--certain carriersexempt.

311.420. 1. No person, except carriers regulated by the motorcarrier and railroad safety division of the department of economicdevelopment under chapters 387, 389 and 390, RSMo, shall transport into,within, or through the state of Missouri any intoxicating liquors inquantities larger than five gallons unless such person holds a validlicense or permit from the supervisor of alcohol and tobacco control of thestate of Missouri to do so. For such license, there shall be paid to thedirector of revenue the sum of ten dollars per annum. Application for suchlicense shall be made to the supervisor of alcohol and tobacco control ofthe state of Missouri and each applicant shall submit with his applicationa bond in the penal sum of one thousand dollars with sufficient surety tobe approved by the supervisor of alcohol and tobacco control, conditionedthat he will not violate any provisions of the liquor control laws of thisstate or any regulation promulgated under such liquor control laws, and anyviolation of such condition shall work a forfeiture of such bond to thestate of Missouri. The license year shall end on June thirtieth, and theapplicant shall pay as many twelfths as there are months, with each part ofa month being counted as a month, remaining from the date of the license tothe next succeeding July first. The supervisor of alcohol and tobaccocontrol may issue single transaction licenses, for which there shall bepaid to the director of revenue the sum of five dollars, and, if the valueof the liquor to be transported exceeds one hundred dollars, the permitshall not be issued until the bond provided for above in this section isgiven to the state. No such transporter's license shall be required of anyperson licensed by the supervisor of alcohol and tobacco control whoselicensed premises are located in the state of Missouri, nor shall it benecessary to procure a license to transport liquor purchased from a retailliquor dealer duly licensed by the supervisor of alcohol and tobaccocontrol of the state of Missouri. No license or permit shall be requiredto transport industrial alcohol.

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

3. Carriers licensed under this section or carriers exempt fromholding a permit under this section shall not deliver wine to a resident ofthis state without obtaining an alcohol carrier license under section311.185.

(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, RSMo 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.