1. Statutes

Missouri

Updated: 2/2023

Status: Permitted

Statute

missouriMissouri statute § 311.055 allows for the home production of intoxicating liquor and the removal of homemade intoxicating liquor from the premise where brewed for personal or family use, including use at organized affairs, exhibitions, or competitions, such as home brewer contests, tastings, or judging.

Discussion

Senate Bill No. 468 was signed into law by the Governor on May 18, 1995. The bill amends section 311.055 to allow for the home production of non-intoxicating beer and intoxicating liquor. The statute was amended in 2009, when section 312 regarding non-intoxicating beer was eliminated, and again in 2013 to allow for the transport of homebrew.

In 2014 the law was amended again to clarify the ban on selling homebrew at the end of Subparagraph 1. Additionally, the 2014 amendment added a new Subparagraph 3 allowing homebrew consumption at events in which the organizer (e.g., a club) requires an admission fee to get in, provided that the brewer receives no proceeds from the admission fee and all consumption occurs under a temporary retail license or tax-exempt license. (Under normal circumstances, charging an admission fee to an event that allows the consumption of alcohol as a benefit of admission constitutes the sale of alcohol.)

Special Provisions

N/A

State Alcohol Beverage Control Agency

Applicable Statutory Material

311.020. Definition of intoxicating liquor
The term “intoxicating liquor” as used in this chapter shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume. All beverages having an alcoholic content of less than one-half of one percent by volume shall be exempt from the provisions of this chapter, but subject to inspection as provided by sections 196.365 to 196.445*.

311.055. License to manufacture not required, personal or family use — limitation — removal from premises permitted, when — inapplicability, when

1. No person at least twenty-one years of age shall be required to obtain a license to manufacture intoxicating liquor, as defined in section 311.020, for personal or family use. The aggregate amount of intoxicating liquor manufactured per household shall not exceed two hundred gallons per calendar year if there are two or more persons over the age of twenty-one years in such household, or one hundred gallons per calendar year if there is only one person over the age of twenty-one years in such household. Any intoxicating liquor manufactured under this section shall not be sold or offered for sale.

2. Beer brewed under this section may be removed from the premises where brewed for personal or family use, including use at organized events, exhibitions, or competitions, such as home brewer contests, tastings, or judging. The use may occur off licensed retail premises, on any premises under a temporary retail license issued under section* 311.218, 311.482, 311.485, 311.486, or 311.487, or on any tax exempt organization’s licensed premises as described in section 311.090.

3. Any beer brewed under this section used at an organized event where an admission fee is paid for entry, at which the beer is available without a separate charge, shall not be deemed a sale of beer, provided that the person who brewed the beer receives none of the proceeds from the admission fee and all consumption is conducted off licensed retail premises, under the premises of a temporary retail license issued under section 311.218, 311.482, 311.485, 311.486, or 311.487, or on any tax exempt organization’s licensed premises as described in section 311.090.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.

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