This week the Missouri House passed the proposed legislation that would modify the definition of a liquor franchise under Missouri law. Click here to read our previous posts on this potential modification to Missouri franchise law.

The bill that was passed this week by the House was not the existing bill pending (HB 759), but instead provisions were incorporated into another bill pertaining to home brewed liquors (SB 114). The amended SB 114 that was passed by the House would modify current Missouri franchise law to remove the trademark and community of interest in the marketing of goods or services requirements as to liquor wholesalers and suppliers, and expressly reject the holding in Missouri Beverage Co., Inc. v. Shelton Brothers, Inc. by the United States District Court for the Western District and the Eighth Circuit Court of Appeals and note that the law “was not correctly interpreted” in that case.

Last year, a related bill was passed to make these changes, but was vetoed by the Governor.

SB 114 (with amendments) is now pending in the Missouri Senate.