Retailer’s Conduct of Business

PURPOSE: This rule establishes general rules for conducting retail establishments. (1) No person holding a license for the retail sale of intoxicating liquor who has had his/her license suspended by order of the supervisor of alcohol and tobacco control may sell, give away, or permit the consumption of any intoxicating liquor on or about the licensed premise, nor may s/he order or accept delivery of any intoxicating liquor during the period of time the order of suspension is in effect. Any licensee desiring to keep his/her premises open for the sale of food or merchandise during the period of suspension shall display the order of suspension issued by the supervisor of alcohol and tobacco control in a conspicuous place on the premises so that all persons visiting the premises may readily see the order of suspension and shall ensure that all places where intoxicating liquor is stored or dispensed on or about the licensed premises are closed in accordance with section 311.290, RSMo, for the duration of the suspension. (2) No person holding a license for the retail sale of malt liquor by the drink may knowingly sell, give away, or serve upon the premises described in the license any glass, ice, water, soda water, phosphates, or any other kind of liquids to be used for the purpose of mixing intoxicating drinks and commonly referred to as set-ups; nor may any person holding a license for the retail sale of malt liquor by the drink allow any person on or about the licensed premise to possess or consume any intoxicating liquor other than malt liquor, or to pour into, mix with, or add intoxicating liquor other than malt liquor, to water, soda water, ginger ale, seltzer, or other liquid. (3) No person holding a license for the retail sale of intoxicating liquor may sell or deliver any intoxicating liquor to any person with knowledge or with reasonable cause to believe that the person to whom the liquor is sold or delivered has acquired the liquor for the purpose of peddling or reselling it. (4) Any person holding a license for the retail sale of intoxicating liquor who delivers intoxicating liquor to a consumer at a location other than the licensed premises must ensure that delivery— (A) Is not made during any hours when the licensed premises is required by law to be a closed place; (B) Is not made to the licensed premises of a licensed retailer; (C) Is made by an employee or agent of the licensee expressly authorized to deliver intoxicating liquor on the licensee’s behalf; and (D) Complies with all other provisions of Chapter 311, RSMo, and the regulations promulgated thereunder. (5) No person holding a license for the retail sale of intoxicating liquor may sell, give away, or possess any intoxicating liquor from or in any container when the intoxicating liquor is not that set out on the manufacturer’s label on the container or does not have alcoholic content shown on the manufacturer’s label. (6) No person holding a license for the retail sale of intoxicating liquor may bottle any intoxicating liquor from any barrel or other container nor may s/he refill any bottle or add to the contents of the bottle from any barrel or other container except where explicitly authorized by statute. AND TOBACCO CONTROL (7) Any person holding a license for the retail sale of intoxicating liquor by the drink, when requested to serve a particular brand or type of intoxicating liquor, may not substitute another brand or type of intoxicating liquor. (8) No person holding a license for the retail sale of intoxi cating liquor may allow or cause any sign or advertisement pertaining to intoxicating liquor to be carried or transported upon any sidewalk or street of any municipality or upon any highway of the state. This provision is inapplicable to any legal sign or advertisement placed on a vehicle being used to deliver intoxicating liquor. (9) Whenever hours of time are set forth in the Liquor Control Act, they are to be interpreted to mean clock time which shall be either Central Standard Time or Central Daylight Time, whichever one is then being observed. (10) No person holding a license for the retail sale of intoxicating liquor may possess any intoxicating liquor which has not been purchased from, by, or through duly licensed wholesalers. (11) No person holding a license for the retail sale of intoxicating liquor, nor their employees or agents, may consume any intoxicating liquor, in any quantity, while on duty or acting within the scope of employment or agency relationship. This provision shall not apply to a licensee, their employee, or agent who— (A) Is conducting a tasting for one (1) or more customers and tastes the product, but does not consume or imbibe, to educate the consumer on the product; or (B) Is sampling a new product presented by a salesperson marketing the product, as authorized by section 311.070.4(7) and/or 311.197, RSMo; or (C) Is in the business, but is not on duty nor acting within the scope of employment, whether the establishment is open or closed to the public, so long as the licensee is allowed to be open pursuant to section 311.290, RSMo, or any other provision of Chapter 311 relating to opening and closing. (12) Any person holding a license for the retail sale of intoxicating liquor must have at least one (1) on duty employee at the establishment who is responsible for the sale, dispersion, and consumption of intoxicating liquor on or about the licensed premises whenever the establishment is not a closed place in accordance with section 311.290, RSMo. (13) Lewdness. No person holding a license for the retail sale of intoxicating liquor may permit in or upon his/her licensed premises— (A) The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (B) The displaying of any portion of the areola of the female breast; (C) The actual or simulated touching, caressing, or fondling of the breast, buttocks, anus, or genitals; (D) The actual or simulated displaying of the pubic hair, anus, vulva, or genitals; (E) The permitting by a licensee of any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus; and (F) The displaying of films, video programs, or pictures de picting acts, the live performances of which are prohibited by this regulation or by any other law. (14) No person holding a license for the retail sale of intoxicating liquor may permit any person to smoke or imbibe marijuana on or about the licensed premises while the retail establishment is open to the public. No licensee shall create any non-public or quasi-public areas on or about the licensed premises for marijuana usage anytime when intoxicating liquor is being sold, displayed for sale, or consumed. A licensee may seek permission for, and the supervisor of alcohol and tobacco control may permit, a special event where consumption of marijuana occurs on or about the licensed premise (a “marijuana event”). The licensee must notify the supervisor of alcohol and tobacco control not less than twenty-one (21) days in advance of the marijuana event and describe the event, including the exact location of the marijuana event on the licensed premise. To be eligible, the marijuana event must occur during allowable hours of operation pursuant to section 311.290, RSMo, or any other provision of Chapter 311 relating to opening and closing; no intoxicating liquor may be sold, displayed for sale, or consumed on or about the portion of the licensed premises used for the marijuana event, and all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed shall be kept securely locked during the event. If the licensee wishes to continue the sale of intoxicating liquor on a separate portion of the licensed premise, not described for the marijuana event, that portion of the licensed premise must be separated by a permanent floor-to-ceiling wall and be inaccessible from the patrons of the marijuana event. All patrons permitted to smoke or imbibe marijuana during the marijuana event must be quarantined from those patrons consuming intoxicating liquor and must be marked with a wristband. No patron of the marijuana event may consume intoxicating beverages on the licensed premise within one (1) hour of the commencement or conclusion of the marijuana event. (15) In the event the premises of any licensee is declared to be off-limits by the military authorities, the licensee may not permit any member of the armed forces to be in or upon the premises covered by his/her license. Provided, this is only effective after the licensee is notified of the order by the supervisor of alcohol and tobacco control. Members of the Military Police or Shore Patrol are exempt from this provision. (16) Pre-Mixed Batch Drink Labels. Where a retail by drink establishment prepares batch/bulk mixed drinks prior to an order being placed, the container must be clearly labeled “THIS CONTAINS ALCOHOL.” The container must also bear the name of the mixed drink, as used by the establishment, and the type or types of alcohol contained therein. This section is separate from any label/packaging requirements set forth in section 311.202, RSMo, for retailer-packaged alcohol for off-premises consumption (i.e., to-go alcoholic beverages). (17) Persons granted a license to sell intoxicating liquor for offpremises consumption that display such intoxicating liquor outside a clearly discernible location reserved for alcoholic beverages shall— (A) Not place intoxicating liquor in an area immediately adjacent to nonalcoholic beverages containing the same or similar brand name, logo, or packaging as an alcoholic beverage; and (B) Equip any such display with signage that indicates the product is an alcoholic beverage, is clearly visible to consumers, and is of sufficient size to notify the consumer that the product contains alcohol. Nothing in this subsection shall prohibit the placement of nonalcoholic wine or beer in or near a display of alcoholic beverages that contain the same or similar brand name, logo, or packaging as the nonalcoholic wine or beer. AUTHORITY: section 311.660, RSMo Supp. 2023.* This version of rule filed Feb. 8, 1973, effective Feb. 18, 1973. Amended: Filed Aug. 23, 1974, effective Sept. 2, 1974. Amended: Filed May 16, 1977, effective Aug. 11, 1977. Amended: Filed Aug. 20, 1979, effective Dec. 13, 1979. Amended: Filed April 23, 1981, effective Aug. 13, 1981. Amended: Filed April 7, 1983, effective July 11, 1983. Amended: Filed May 25, 1983, effective Sept. 11, 1983. Amended: Filed Aug. 5, 1991, effective Jan. 13, 1992. Amended: Filed Feb. 27, 1998, effective Aug. 30, 1998. Amended: Filed Oct. 10, 2018, effective May 30, 2019. Amended: Filed May 27, 2022, effective Jan. 30, 2023. Amended: Filed Dec. 19, 2023, effective Aug. 30, 2024. *Original authority: 311.660, RSMo 1939, amended 1989, 2021. Chilton v. Wright, 480 SW2d 1 (1972). Two agents testifying that they removed 44 bottles of liquor from licensee’s premises suspected to be refills in violation of rules and regulations because some appeared to be overfilled and some had worn strip stamps on their necks, along with testimony of expert chemist, was competent substantial evidence that the licensee possessed refilled bottles in violation of rules and regulations 13(c) (now covered by 11 CSR 70-2.130(6)). But evidence of “several different brands of liquor—the bulk of it was in half-pints and pints” and the geographical location of the retail outlet and its proximity to known “dry” states did not constitute substantial evidence that the licensees had reasonable cause to believe that their customers purchased liquor for purposes of resale in violation of rule 13(d) (now 11 CSR 70-2.130(4)).