Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 70 - Division of Alcohol and Tobacco Control › Chapter 2 - Rules and Regulations › Section 11 CSR 70-2.020 - Application for License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the Division's long
				  standing practice of treating legal entities the same way corporations are
				  treated in evaluating their qualifications for licensure.
EMERGENCY STATEMENT: This emergency amendment informs
				  applicants for a liquor license that the Division of Alcohol and Tobacco
				  Control will use the guidelines set out in section
				  311.060, RSMo, to determine the
				  qualifications of all legal entities applying for a liquor license. This
				  emergency amendment is necessary to protect a compelling governmental interest
				  in that a recent Administrative Hearing Commission decision (Case Numbers
				  23-0288 and 23-0439) would force the division to make arbitrary distinctions
				  between corporations and all other applicants for a liquor license. Further,
				  the decision would require the division to change its decades-long practice of
				  treating all legal entities the same way as it treats corporations in
				  determining who is qualified for a license. As a result, the division finds a
				  compelling governmental interest, which requires this emergency action. The
				  scope of this emergency amendment is limited to the circumstances creating the
				  emergency and complies with the protections extended in the Missouri and United
				  States Constitutions. The division believes this emergency amendment is fair to
				  all interested persons and parties under the circumstances. This emergency
				  amendment was filed March 22, 2024, becomes effective April 5, 2024, and
				  expires January 15, 2025.
(1)
				Applications for licenses including payment for the correct amount of the
				license fee are to be submitted to the supervisor of Alcohol and Tobacco
				Control at the Central Office in Jefferson City, or any operational Alcohol and
				Tobacco Control field office within the state. If payment is rejected for
				insufficient funds and the licensee has not replaced such payment within
				fifteen (15) days of notification with sufficient funds, then beginning with
				the sixteenth day, if such licensee's renewed license has been issued, such
				renewed license shall be suspended until the day following the day the licensee
				makes restitution for the insufficient funds payment, or if such licensee's
				renewed license has not been issued, the renewed license shall not be issued
				until on or after the day following the day the licensee makes restitution for
				the insufficient funds payment.
(2)
				Application is to be made on the forms prescribed by the supervisor.
(3) No applicant may exercise the privileges
				of the license applied for prior to its issuance.
(4) If application is made by a partnership,
				the application shall set out the names and residences of all the partners,
				whether they be active or silent, and be signed by all the partners. All
				partners shall qualify under the laws of Missouri for the license.
(5) If application is made by an entity, the
				application shall set out the names and residences of any officers and all
				members or shareholders, whether they be active or silent, and be signed by the
				managing officer. The entity shall qualify under the laws of Missouri for the
				license.
(6) No application will be
				considered which is not complete. No license may be granted to an applicant
				unless the applicant makes full, true, and complete answers to all questions in
				the application. Any false answer to any question in the application or
				omission of a material matter in the application, may be cause for denial of
				the application or discipline of any license issued pursuant to the
				application.
(7) Violation of any
				oath taken by a licensee or any person(s) listed in the application in
				connection with the application for a license is cause for denial of the
				application or discipline of any license issued pursuant to the
				application.
(8) If the supervisor
				of Alcohol and Tobacco Control has reason to believe that an applicant or any
				person(s) listed in the application has a criminal record and is not a person
				of good moral character, the supervisor may request that the applicant or
				person(s) listed in the application submit to being fingerprinted and
				fingerprints forwarded to the Department of Justice to ascertain if the
				applicant or person(s) listed in the application has been convicted of any
				crime.
(9) The surety on the bond of
				any licensee at any time may notify the supervisor of Alcohol and Tobacco
				Control and the licensee that s/he desires after a date named, which is at
				least thirty (30) days after the receipt of notification by the licensee and
				the supervisor, to be relieved of liability on the bond. Upon receipt, the
				privileges of the principal under the license as is supported by the bond may
				be terminated and cancelled on the date specified, unless supported by other
				sufficient bond(s), and the surety can be relieved of liability on the bond for
				any default of the principal accruing on and after the date named.
(10) Every applicant for a liquor license of
				any kind will present all applicable items listed on the checklist of
				requirements that corresponds to the application form as prescribed by the
				supervisor of Alcohol and Tobacco Control. Failure to present all applicable
				items may be cause for denial of the application or discipline of any license
				issued pursuant to the application.
(11) Every applicant for a liquor license of
				any kind must provide written notice to the supervisor of Alcohol and Tobacco
				Control if any fact or information changes from what is set forth in the
				application. Failure to provide written notice of such changes may be cause to
				deny the application or to discipline any license issued pursuant to the
				application.
(12) No license may
				be issued to the spouse, child(ren), step-child(ren), parent(s), stepparent(s),
				son-in-law or daughter-in-law, employee, or other person having any interest in
				the business of a licensee whose license has been revoked, for the privilege of
				doing business at the same location or in close proximity to the location of
				the establishment whose license was revoked until a period of five (5) years
				after the date of the revocation of the license, and then at the discretion of
				the supervisor of Alcohol and Tobacco Control.
(13) Ineligible Premises.
(A) No license may be issued for any premises
				that has been condemned by a federal, state, county, or local government
				entity, or has been declared a public and common nuisance by a court of
				law.
(B) No license may be issued
				for any premises that is transitory, moveable, or not permanently anchored to
				the ground, unless expressly permitted under Chapter 311, RSMo, or the
				regulations promulgated thereunder. This regulation does not apply to any
				applicant seeking a temporary license, except for temporary licenses issued
				under section
				311.095,
				RSMo.
(C) No license may be issued
				for any premises that contains a private residence. Where an application seeks
				to license a portion of any building that contains a private residence, the
				building must have permanent partitions such that the licensed premises is
				separate and distinct from any residential areas. The licensed premises and the
				private residence must each have separate entrances and street addresses. This
				regulation does not apply to hotels, motels, bed and breakfasts, any premises
				that offers commercial overnight lodging, or any premises that does not receive
				or store intoxicating liquor on-site for commercial use.
(D) No license may be issued to any premises
				that includes, in whole or in part, the licensed premises of a current
				licensee. Where an applicant wishes to be licensed to operate on a premises
				that includes, in whole or in part, the licensed premises of a current
				licensee, the applicant must provide documentation showing that the current
				licensee either no longer owns or has a lease to operate out of the licensed
				premises or has agreed to surrender the premises in question to the applicant
				for the applicant's exclusive use. This regulation does not apply to any
				applicant seeking a temporary license, except for temporary licenses issued
				under section
				311.095,
				RSMo.