Bill Text: MO HB1121 | 2014 | Regular Session | Introduced
Bill Title: Requires a brew-on-premises facility to obtain a license from the Division of Alcohol and Tobacco Control
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-09 - Referred: General Laws(H) [HB1121 Detail]
Download: Missouri-2014-HB1121-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GOSEN.
4066H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 311, RSMo, by adding thereto one new section relating to brew-on-premises licenses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 311, RSMo, is amended by adding thereto one new section, to be known as section 311.910, to read as follows:
311.910. 1. Upon receipt of an application, the division of alcohol and tobacco control may issue a brew-on-premises license to a person who provides brewing supplies and facilities to the members of the public for the private manufacture of beer and malt beverages on the licensed premises.
2. No person may permit the use of their property for any consideration or remuneration for the production of beer or malt beverages for personal consumption unless such person has been issued a brew-on-premises license by the division of alcohol and tobacco control.
3. The brew-on-premises license does not authorize the sale of beer and malt beverages in any manner or the consumption of alcoholic beverages on the premises.
4. The premises may be considered suitable for operating a brew-on-premises license if is in compliance with all local building, health and fire codes, ordinances, and orders.
5. An application for a license under this section must be accompanied by an initial license fee of fifty dollars. The annual license renewal fee thereafter shall be twenty-five dollars.
6. Any person issued a license under this section and any person using the premises for personal brewing of beer or malt beverages are subject to federal regulations including but not limited to 27 CFR 25.205, 27 CFR 25.206, and 27 CFR 24.75.
7. Any person issued a license under this section shall, in addition to complying with any federal regulations, comply with the following conditions:
(1) The licensee shall keep records relating to all persons using the premises for the manufacture of any beer or malt beverage. Information in these records must include the name, address, and age of the manufacturing individual, the number of adults residing in the individual’s household, and the quantity of beer or malt beverages produced by that individual on the licensed premises during each calendar year;
(2) The records must be available for inspection by an authorized investigator of the division of alcohol and tobacco control during the business hours of the facility;
(3) The licensee shall not provide physical assistance to individuals in the production of or bottling of beer and malt beverages on premises, but may provide advice and instruction;
(a) Physical assistance in the production of beer and malt beverages includes:
a. Filling of vessels with brewing ingredients;
b. Mixing of ingredients;
c. Movement of beer and malt beverages from one container to another container; or
d. Filtering and bottling of the final product;
(b) The following activities do not constitute providing physical assistance in the production of beer and malt beverages:
a. Cleaning, maintenance, and repair of brewing and bottling equipment;
b. Maintenance of climate and temperature control;
c. Disposal of spent grains and wastes;
d. Quality control, including laboratory examination, of beer and malt beverages; or
e. Preheating of vessels or containers;
8. An individual using the licensee’s premises for personal brewing use is responsible for brewing, handling, or transporting the beer and malt beverages produced, and must be at least twenty-one years of age.
9. An individual using the licensee’s premises for personal brewing may produce beer and malt beverages within the prescribed quantity of limitations prescribed below, may not transport in excess of twenty gallons of beer and malt beverages produced on any particular day, and may not sell beer and malt beverages produced. Beer and malt beverages produced at a brew-on-premises facility may be removed only for the personal use of the customer.
(1) Any beer or malt beverage produced on the premises must not exceed the alcohol by volume limits for beer as defined by Missouri law;
(2) The production of beer and malt beverages per household for personal or family use may not exceed:
(a) Two hundred gallons per calendar year if there are two or more adults twenty-one years of age or older residing in the household; or
(b) One hundred gallons per calendar year if there is only one adult twenty-one years of age or older residing in the household;
(3) Partnerships, corporations, associations, or any entity other than an individual person may not use the brew-on-premises facility and may not produce beer or malt beverages for personal use; and
(4) Transportation of brewed beer or malt beverages produced shall be taken away from the premises at the time of bottling. The brew-on-premises facility may not allow more than twenty cases to remain on the premises at any given time.
10. Any violation of the provisions of this section shall be enforced in accordance with any of the appropriate enforcement provisions contained in this chapter.
11. The division of alcohol and tobacco control may promulgate rules and regulations necessary to effectuate the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.
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