Retail Licensees

PURPOSE: This rule establishes conditions of licensing and operation of premises. (1) Sanitary Premises. (A) All retail intoxicating liquor licensees are to keep their licensed premises clean and sanitary and meeting minimum standards of the Missouri Department of Health and Senior Services and local sanitation laws and ordinances where applicable. (B) Applicants for a retail liquor license who prepare or pour intoxicating liquor as defined in section 311.020, RSMo, or permit the consumption thereof on their premises shall provide a copy of a certificate demonstrating successful completion of a health inspection with their license application. No such applicant may be granted a retail liquor license without such a certificate, subject to the following exceptions: 1. If an applicant does not have a health inspection certificate on the day they file their license application, they may submit a written statement with their application stating that they will provide a copy of their health inspection certificate within ten (10) days of the issuance of that certificate. Failure to provide a copy of the health inspection certificate within ten (10) days of issuance may result in disciplinary action; 2. If a state or local health authority determines that an applicant does not need a health inspection, the applicant may submit documentation from said state or local health authority showing that the applicant does not need a health inspection in lieu of a health inspection certificate; and 3. This regulation does not apply to any applicant seeking a temporary license. (2) No retailer may place or permit the placing of any object on or within the windows of premises covered by licenses which impedes or obstructs vision from the exterior into the interior. (3) No holder of a retail license may use illuminated brand signs exclusively for illuminating purposes. Sufficient light must be maintained at all times to ensure clear visibility into the interior and within the interior of the premises. (4) No licensee may operate, play, or permit the operation of any public speaking system transmitter, sound amplification device, or any other type of device, mechanical or electronic, to emit or direct music, spoken words, sounds, or noise of any kind exceeding eighty-six (86) decibels on an A-weighted scale when measured across a residential property line fifty feet (50') or more from the source of the noise between the hours of 11:00 p.m. and 11:00 a.m. This regulation does not supersede any state or local laws or ordinances regulating noise in the area. (5) Any premises for which a secondary retail license is sought must be the same as the premises covered by the primary retail license. This regulation shall not apply to catering or festival licenses. (6) Resorts. Licenses authorizing the retail sale of liquor by the drink may be issued to qualified applicants for resorts as defined in section 311.095, RSMo. Applicants for a resort license shall prepare and maintain records in order to substantiate the sales figures as presented in the certified statement, including but not limited to bank statements, cancelled checks, and in voices for food and intoxicating liquor purchases. (7) No retailer shall sell, deliver, hold or offer for sale any food, drug, device, or cosmetic that is embargoed by the Department of Health and Senior Services pursuant to Chapter 196, RSMo. AUTHORITY: section 311.660, RSMo Supp. 2024.* This version of rule filed Feb. 8, 1973, effective Feb. 18, 1973. Amended: Filed June 7, 1977, effective Sept. 11, 1977. Amended: Filed Aug. 20, 1979, effective Dec. 13, 1979. Amended: Filed Aug. 11, 1980, effective Nov. 13, 1980. Amended: Filed Jan. 2, 1981, effective April 11, 1981. Amended: Filed Feb. 16, 1984, effective June 11, 1984. Amended: Filed Jan. 7, 1985, effective April 11, 1985. Amended: Filed July 25, 1986, effective Oct. 11, 1986. Amended: Filed Jan. 8, 1990, effective April 26, 1990. Amended: Filed Nov. 18, 1991, effective April 9, 1992. Amended: Filed Dec. 2, 1993, effective June 6, 1994. Amended: Filed Jan. 22, 1996, effective July 30, 1996. Amended: Filed Nov. 20, 2003, effective July 30, 2004. Amended: Filed Oct. 10, 2018, effective May 30, 2019. Amended: Filed Aug. 14, 2020, effective March 30, 2021. Amended: Filed May 27, 2022, effective Jan. 30, 2023. Emergency amendment filed Aug. 16, 2024, effective Sept. 1, 2024, expired Feb. 27, 2025. Amended: Filed Aug. 16, 2024, effective April 30, 2025. *Original authority: 311.660, RSMo 1939, amended 1989, 2021.