Missouri Laws 311.075 – Financial interests in distillery in close proximity to a recreational resort
1. Notwithstanding any other provisions of this chapter to the contrary, for the purpose of the promotion of tourism, a retailer, its employees, officers, shareholders, and agents may have a financial interest in a distillery for the manufacturing of intoxicating liquors located in close proximity to the grounds of a recreational resort owned, in whole or in part, by the retailer, its subsidiaries, or affiliates. As used in this section, the term “recreational resort” shall mean any grounds used to entertain guests that are owned and operated as part of a facility by the retailer, its subsidiaries, or affiliates, which shall have a restaurant, at least thirty rooms for overnight accommodations, and outdoor activities that include fishing or golf. The distillery shall be in close proximity to the grounds of the recreational resort.
2. A retailer who is a holder of a license to sell intoxicating liquor by the drink at retail for consumption on the recreational resort’s grounds shall be exempt from the provisions of section 311.280, for such intoxicating liquor that is manufactured in close proximity to the grounds of the recreational resort in accordance with the provisions of this chapter. All other intoxicating liquor sold by the drink at retail for consumption on the recreational resort’s grounds shall be obtained in accordance with section 311.280.
Terms Used In Missouri Laws 311.075
- financial interest: as used in this chapter is defined to mean all interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net profits of the enterprise, after the payment of reasonable and necessary operating business expenses and taxes, including interest in dividends, preferred dividends, interest and profits, directly or indirectly paid as compensation for, or in consideration of interest in, or for use of, the capital devoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except by way of ordinary commercial credit or bona fide bank credit not in excess of credit customarily granted by banking institutions, whether paid as dividends, interest or profits, or in the guise of royalties, commissions, salaries, or any other form whatsoever. See Missouri Laws 311.060
- intoxicating liquor: as used in this chapter shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume. See Missouri Laws 311.020
3. The holder of a recreational resort distillery license* pursuant to this section may also sell intoxicating liquor produced on the distillery premises to duly licensed wholesalers, and all such sales to wholesalers shall be subject to the provisions of sections 311.275 and 311.540. However, holders of a recreational resort distillery license shall not, under any circumstances, directly or indirectly, have any financial interest in any Missouri wholesaler’s business.