311.190. Wine or brandy manufacturer's license, fee--use of materials produced outside state, limitation, exception--what sales may be made, when.
Wine or brandy manufacturer's license, fee--use of materials producedoutside state, limitation, exception--what sales may be made,when.
311.190. 1. For the privilege of manufacturing wine or brandy, whichmanufacturing shall be in accordance with all provisions of federal lawapplicable thereto except as may otherwise be specified in this section, inquantities not to exceed five hundred thousand gallons, not in excess ofeighteen percent of alcohol by weight for wine, or not in excess ofthirty-four percent of alcohol by weight for brandy, from grapes, berries,other fruits, fruit products, honey, and vegetables produced or grown inthe state of Missouri, exclusive of sugar, water and spirits, there shallbe paid to and collected by the director of revenue, in lieu of the chargesprovided in section 311.180, a license fee of five dollars for each fivehundred gallons or fraction thereof of wine or brandy produced up to amaximum license fee of three hundred dollars.
2. Notwithstanding the provisions of subsection 1 of this section, amanufacturer licensed under this section may use in any calendar year suchwine- and brandy-making material produced or grown outside the state ofMissouri in a quantity not exceeding fifteen percent of the manufacturer'swine entered into fermentation in the prior calendar year.
3. In any year when a natural disaster causes substantial loss to theMissouri crop of grapes, berries, other fruits, fruit products, honey orvegetables from which wines are made, the director of the department ofagriculture shall determine the percent of loss and allow a certainadditional percent, based on the prior calendar year's production of suchproducts, to be purchased outside the state of Missouri to be used andoffered for sale by Missouri wineries.
4. A manufacturer licensed under this section may purchase and sellbulk or packaged wines or brandies received from other manufacturerslicensed under this section and may also purchase in bulk, bottle and sellto duly licensed wineries, wholesalers and retail dealers on any day exceptSunday, and a manufacturer licensed under this section may offer samples ofwine, may sell wine and brandy in its original package directly toconsumers at the winery, and may open wine so purchased by customers sothat it may be consumed on the winery premises on Monday through Saturdaybetween 6:00 a.m. and midnight and on Sunday between 9:00 a.m. and 10:00p.m.
(L. 1943 p. 620 § 4898a, A.L. 1945 p. 1056, A.L. 1969 H.B. 237, A.L. 1979 H.B. 701, A.L. 1982 H.B. 1323, A.L. 1993 H.B. 63, A.L. 1994 S.B. 474, A.L. 1999 S.B. 391, A.L. 2007 S.B. 299 & S.B. 616)