311.195. Microbrewery, defined--license, fee--retail license allowed, procedure--sale to wholesalers allowed, when--certain exemptions, when.
Microbrewery, defined--license, fee--retail license allowed,procedure--sale to wholesalers allowed, when--certain exemptions,when.
311.195. 1. As used in this section, the term "microbrewery" means abusiness whose primary activity is the brewing and selling of beer, with anannual production of ten thousand barrels or less.
2. A microbrewer's license shall authorize the licensee tomanufacture beer and malt liquor in quantities not to exceed ten thousandbarrels per annum. In lieu of the charges provided in section 311.180, alicense fee of five dollars for each one hundred barrels or fractionthereof, up to a maximum license fee of two hundred fifty dollars, shall bepaid to and collected by the director of revenue.
3. Notwithstanding any other provision of this chapter to thecontrary, the holder of a microbrewer's license may apply for, and thesupervisor of alcohol and tobacco control may issue, a license to sellintoxicating liquor by the drink at retail for consumption on the premises.No holder of a microbrewer's license, or any employee, officer, agent,subsidiary, or affiliate thereof, shall have more than ten licenses to sellintoxicating liquor by the drink at retail for consumption on the premises.The authority for the collection of fees by cities and counties as providedin section 311.220, and all other laws and regulations relating to the saleof liquor by the drink for consumption on the premises where sold, shallapply to the holder of a license issued under the provisions of thissection in the same manner as they apply to establishments licensed underthe provisions of section 311.085, 311.090, 311.095, or 311.097.
4. The holder of a microbrewer's license may also sell beer and maltliquor produced on the brewery premises to duly licensed wholesalers.However, holders of a microbrewer's license shall not, under anycircumstances, directly or indirectly, have any financial interest in anywholesaler's business, and all such sales to wholesalers shall be subjectto the restrictions of sections 311.181 and 311.182.
5. A microbrewer who is a holder of a license to sell intoxicatingliquor by the drink at retail for consumption on the premises shall beexempt from the provisions of section 311.280, for such intoxicating liquorthat is produced on the premises in accordance with the provisions of thischapter. For all other intoxicating liquor sold by the drink at retail forconsumption on the premises that the microbrewer possesses a license formust be obtained in accordance with section 311.280.
(L. 1990 H.B. 1180, A.L. 1993 H.B. 63, A.L. 2003 S.B. 298 merged with S.B. 540, A.L. 2009 H.B. 132)