Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: To revise this section, which establishes
licensing and procedure for disposal of salvaged intoxicating liquors, to
reflect the elimination of Chapter 312, RSMo, regulating nonintoxicating beer.
The division's name will be changed to Division of Alcohol and Tobacco Control
in all applicable sections.
(1) Intoxicating liquors which are damaged in
this state as a result of flood, wreck, fire, or similar occurrence may be sold
for salvage.
(2) Intoxicating
liquors so salvaged may be sold to a Missouri licensee, upon the approval of
the supervisor under the following terms and conditions:
(A) Application shall be made to the
supervisor for authority to sell distressed merchandise in Missouri including
the name of the person desiring to sell the merchandise, the nature of the
damage, a description of the merchandise, and whether the contemplated sale is
to be to a Missouri licensee;
(B)
The distressed merchandise is to be examined at the scene of the occurrence, as
soon as practicable, by a representative of the Department of Health and Senior
Services and the sale is not to be approved by the supervisor until notified by
the representative that the merchandise is fit for human consumption;
(C) Written approval and release for the sale
of distressed merchandise cannot be issued until an inspection of the
distressed merchandise is made by an agent of the Division of Alcohol and
Tobacco Control who will determine whether the merchandise is within the
meaning of this regulation and that all Missouri taxes have been paid;
and
(D) No merchandise may be sold
under this regulation where the original packages have been so damaged so as to
render the label on the package not within the requirements under
11 CSR
70-2.060(1).
(3) Intoxicating liquors so salvaged are
referred to as distressed merchandise.
(A)
Each container of intoxicating liquors sold pursuant to this regulation shall
bear a label, to be provided by the Division of Alcohol and Tobacco Control,
certifying the merchandise as distressed merchandise.
(B) No distressed merchandise salvaged
outside of the state may be imported into Missouri for sale pursuant to this
regulation.
*Original authority: 311.660, RSMo 1939, amended
1989.
