Concerning alcoholic beverage control, relating to limitations on business interests of certain manufacturers, wholesalers, and retailers of alcoholic beverages

This bill concerns alcoholic beverage control relating to limitations on business interests of manufacturers, wholesalers, and retailers of alcoholic beverages.45, concerning limitations on business interests, is amended. The bill, for purposes of the Code section, defines “institutional investor” to mean a person who maintains a diversified portfolio of investments and who has a majority of investments in businesses other than businesses that manufacture, bottle, wholesale, or sell at retail alcoholic beverages. 45(1), providing the general limitation on business interests, is amended. The bill provides that the limitation on business interests applicable to a person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages does not apply to a person who is an institutional investor. In addition, the bill provides that a manufacturer, bottler, or wholesaler of alcoholic beverages is not prohibited from being interested in the business of another retail licensee or permittee, or from holding a retail liquor control license or retail wine or beer permit, if the retail business, licensee, or permittee does not purchase or sell the alcoholic beverages of the person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages. The bill further provides that a person engaged in the business of manufacturing wine that is not native wine who is interested in the business of another retail licensee or permittee may still purchase and sell the person’s wine on the premises of a retail licensee of the person so long as the licensed premises is the principal office of the manufacturer.45, new subsection 1A, provides that a broker, employee, or agent of a person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages may be a broker, employee, or agent of another person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages or a business authorized to sell alcoholic beverages at retail as long as the broker, employee, or agent is not an officer, owner, director, or employee in a position to exercise any control or influence over the types of sales or the purchasing of alcoholic beverages in either position of employment.45 is further amended to provide that the exceptions established by subsection of this Code section to the general prohibition against tied interests shall be limited and shall not be construed to affect exceptions to the general prohibition against tied interests as otherwise authorized under Code chapter 123.130, concerning authority under a class “A” beer permit, is amended to provide that a person holding a class “A” beer permit who also holds a brewer’s notice issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury shall be authorized to sell, at wholesale, no more than 30,000 barrels of beer on an annual basis for consumption off the premises.