Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 45 - Missouri Gaming Commission › Chapter 12 - Liquor Control › Section 11 CSR 45-12.091 - Controlled Access Liquor Cabinet Systems

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose for this rule is to allow
				  qualifying licensees to make sales using a controlled access liquor cabinet
				  system.
(1) As used in this
				section, the following terms mean:
(A)
				"Controlled access liquor cabinet," a closed container, either refrigerated in
				whole or in part or nonrefrigerated, access to the interior of which is
				restricted by means of a locking device which requires the use of a key, access
				by means of a locking device as hereinabove described;
(B) "Controlled access liquor cabinet
				system," a system for the sale of intoxicating liquor in qualified packages or
				containers in the rooms provided for the overnight accommodation of transient
				guests in a qualified establishment by means of a controlled access liquor
				cabinet, and such system shall permit the licensee to maintain in the rooms
				provided for the overnight accommodation of transient guests a controlled
				access liquor cabinet in which such licensee may maintain for sale intoxicating
				liquor in qualified packages or containers, together with, if desired, other
				beverages or food, and such system shall permit the adult registered guests of
				the room in which such controlled access liquor cabinet is located to use the
				key, magnetic card or other similar device to gain access to such controlled
				access liquor cabinet to obtain the intoxicating liquor or other beverages or
				food for consumption;
(C)
				"Qualified establishment," any establishment having at least forty (40) rooms
				for the overnight accommodation of transient guests and having a restaurant or
				similar facility on the premises at least sixty percent (60%) of the gross
				income of which is derived from the sale of prepared meals or food, which
				restaurant's annual gross food sales for the past two (2) years immediately
				preceding its application for a license shall not have been less than one
				hundred thousand dollars ($100,000) per year or, if such restaurant has been in
				operation for less than two (2) years, such restaurant has been in operation
				for at least ninety (90) days preceding the application for license for sale of
				intoxicating liquor by means of controlled access liquor cabinets and has a
				projected experience based upon its sale of food during the preceding ninety
				(90) days which would exceed one hundred thousand dollars ($100,000) per
				year;
(D) "Qualified packages or
				containers," packages or containers for intoxicating liquor, other than beer or
				other malt liquor, which hold not less than fifty (50) milliliters and not more
				than two hundred (200) milliliters, and any packages or containers for beer or
				other malt liquor;
(E) "Registered
				guest," each person who signs his/her name to the guest register of the
				qualified establishment or takes some other equivalent action for the purpose
				of registering as a guest of such qualified establishment;
(F) "Room," a room in a qualified
				establishment which is intended to be used as, and which is provided for, the
				overnight accommodation of transient guests.