Missouri

The Missouri Division of Alcohol and Tobacco Control (ATC) supervises the collection of state revenue derived from alcoholic beverage excise taxes and license fees. Additionally, state statutes mandate that ATC protect consumers from tainted alcoholic beverages and the liquor industry from infiltration and exploitation by the criminal element.

Laws & Rules:

• Rules of Department of Public Safety, Division of Alcohol and Tobacco Control
• Missouri Liquor Control Law
• ATC Rulemaking 

Required: Yes

Name: Out-of-State Solicitor License

Fee: $100

Expiration: June 30th of each year

Bond: Required

In order to ship alcoholic beverages to a licensed wholesaler in Missouri, a manufacturer must be licensed with the Division of Alcohol and Tobacco Control using the “Solicitor” Application. Any applicant for a solicitor’s license must submit a copy of their federal basic permit and a bond in the amount of $1,000. Criminal background checks are required for the sole owner, all partners and the managing officer who are NOT a registered voter or a naturalized citizen.

The fee for a solicitor license that allows the sale of intoxicating liquor up to, but not more than 22% of alcohol by weight to a licensed wholesaler in Missouri is $100. The fee for the privilege of selling intoxicating liquor of all kinds is $250.

Resources:

• Overview Licensing Requirements for 22% Solicitor
• Application and Checklist for an Out-State Solicitor License
• California Resident Criminal Record Check Process
• Criminal Record Check Resources
• Bond Form

Required: Yes

Fee: No Fee

Approval: 2-3 weeks

Expiration: Does Not Expire

Revision Required: Tax Class, Type COLA change

Effective Jan. 1, 2018, label solicitors are required to use the ATC Online System to register labels.

Label approvals on new vintages are not required unless there has been an actual label change.

Resources:

• Industry Circular Brand Label Registration  (Updated: March 24, 2022)
• Brand Label Registration Requirements
• New Label Registration – Wine User Manual
• Label Revision – User Manual
• ATC Online System

Franchise Law: Yes

Exclusive Territories: No Territorial Provisions

Please review the law in its entirety and consult legal counsel prior to taking any action.

Missouri is a franchise state and franchise laws are under the jurisdiction of the Attorney General’s Office.

Termination must be for good cause. Good cause includes failure by the wholesaler to comply substantially with the provisions of an agreement or understanding with the supplier, which are both essential and reasonable, use of bad faith or failure to observe reasonable commercial standards of fair dealing in the trade.

90 days written notice is required, except when criminal misconduct fraud, abandonment, bankruptcy or insolvency of the franchisee, or the giving of a no account or insufficient funds check is the basis or grounds for cancellation or termination.

Any wholesaler may bring an action in a court of competent jurisdiction against a supplier for violation of any of the provisions of this section and may recover damages sustained by such wholesaler together with the costs of the action and reasonable attorney’s fees.

Resources:

• MO Rev Stat § 407.400 Definitions
• MO Rev Stat § 407.405 Notice Requirements
• MO Rev Stat § 407.413 Wholesale Liquor Franchises
• 11 CSR 70-2.270 Transfer and Registration of Lines or Brands of Spirituous Liquor and Wine
• Wholesaler Change User Manual

Required: Yes

Name: Outstate Solicitor Tax Report; Sales to Wholesale Dealers

Due Date: Monthly, by the 15th

All Manufacturer, Solicitor, and/or Wholesaler licensees in the state of Missouri are required to submit monthly excise tax reports electronically via the ATC Online System to the state by the 15th of the following month.

Note Missouri excise taxes are paid by the licensee who registers the product with the state.  A monthly excise tax report is required even if no shipments have been made or received.

Resources:

• OutState Solicitors Monthly Report & Tax Computation
• Sales to Wholesale Dealers (attach to monthly report)
• Electronic Reporting Requirements
• OutState Solicitor ATC Online System User Manual
• General Excise Tax Reporting Instructions

Available: No

Effective May 30, 2018, a salesman permit is not required. The rule (11 CSR 70-2.200 ) that required a licensed manufacturer, solicitor or wholesaler who seeks to take an order for the sale of intoxicating liquor, or promote the sale of intoxicating liquor, to have salesman permit issued by ATC has been rescinded.

Resources:

• Salesman Permits – No Longer Required Notice

Allowed: No

There are no statutory or regulatory provisions that allow an out-of-state winery to self-distribute.

• Industry Updates & FAQs
• Industry Circular Senate Bill 26 and Senate Bill 126 – Effective 8/28/2021, issued 8/30/2021
• New Missouri ‘to-go’ alcohol sales law takes effect Aug. 28, 2021
• 2019 Missouri Trade Practices – Training
• FAQs: Manufacturers, Wholesalers, Solicitors
• Manufacturer/Solicitor Tasting Guidelines
• Liquor Lawbook