Mo. Code Regs. tit. 11 § 70-2.120 : DEPARTMENT OF PUBLIC SAFETY — Division of Alcohol and Tobacco Control — Rules and Regulations —2.120 - Retail Licensees

PURPOSE: This amendment removes unnecessary language and clarifies the expectations of retail licensees.

(1) Sanitary Premises.
(A) All retail intoxicating liquor licensees are to keep their licensed premises clean and sanitary and meeting minimum standards of the Missouri Department of Health and Senior Services and local sanitation laws and ordinances where applicable.
(B) Applicants for a retail license who prepare or process food on the premises shall provide a copy of a certificate demonstrating successful completion of a health inspection with their license application. No such applicant may be granted a retail license without such a certificate. Notwithstanding any other provision of this section, the division may grant a retail license without a certificate of successful inspection, if requested by the applicant, conditioned on the applicant providing a copy of such certificate within ten (10) days of issuance of the certificate.
(2) No retailer may place or permit the placing of any object on or within the windows of premises covered by licenses which impedes or obstructs vision from the exterior into the interior.
(3) No holder of a retail license may use illuminated brand signs exclusively for illuminating purposes. Sufficient light must be maintained at all times to ensure clear visibility into the interior and within the interior of the premises.
(4) No licensee may operate, play, or permit the operation of any public speaking system transmitter, sound amplification device, or any other type of device, mechanical or electronic, to emit or direct music, spoken words, sounds, or noise of any kind exceeding eighty-six (86) decibels on an A-weighted scale when measured across a residential property line fifty feet (50') or more from the source of the noise between the hours of 11:00 pm and 11:00 am. This regulation does not supersede any state or local laws or ordinances regulating noise in the area.
(5) Any premises for which a secondary retail license is sought must be the same as the premises covered by the primary retail license. This regulation shall not apply to catering or festival licenses.
(6) Resorts. Licenses authorizing the retail sale of liquor by the drink may be issued to qualified applicants for resorts as defined in section 311.095, RSMo. Applicants for a resort license shall prepare and maintain records in order to substantiate the sales figures as presented in the certified statement, including but not limited to bank statements, cancelled checks, and invoices for food and intoxicating liquor purchases.

11 CSR 70-2.120

AUTHORITY: section 311.660, RSMo 2000.* This version of rule filed Feb. 8, 1973, effective Feb. 18, 1973. Amended: Filed June 7, 1977, effective Sept. 11, 1977. Amended: Filed Aug. 20, 1979, effective Dec. 13, 1979. Amended: Filed Aug. 11, 1980, effective Nov. 13, 1980. Amended: Filed Jan. 2, 1981, effective April 11, 1981. Amended: Filed Feb. 16, 1984, effective June 11, 1984. Amended: Filed Jan. 7, 1985, effective April 11, 1985. Amended: Filed July 25, 1986, effective Oct. 11, 1986. Amended: Filed Jan. 8, 1990, effective April 26, 1990. Amended: Filed Nov. 18, 1991, effective April 9, 1992. Amended: Filed Dec. 2, 1993, effective June 6, 1994. Amended: Filed Jan. 22, 1996, effective July 30, 1996. Amended: Filed Nov. 20, 2003, effective July 30, 2004.
Amended by Missouri Register April 15, 2019/Volume 44, Number 8, effective 5/31/2019
Amended by Missouri Register February 16, 2020/Volume 46, Number 04, effective 3/31/2021
Amended by Missouri Register December 1, 2022/Volume 47, Number 23, effective 1/29/2023

*Original authority: 311.660, RSMo 1939, amended 1989.