Missouri Winery/Restaurant

Missouri Winery/Restaurant

This is a discussion on Missouri Winery/Restaurant within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'm taking a trip to Hermann, MO and was wondering about carrying while in the wineries there. The one in particular is Stone Hill which ...

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Thread: Missouri Winery/Restaurant

  1. #1
    Member Array trekkiejt's Avatar
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    Missouri Winery/Restaurant

    I'm taking a trip to Hermann, MO and was wondering about carrying while in the wineries there. The one in particular is Stone Hill which also includes a restaurant. I don't know if the 51% thing is for consumed alcohol or overall sales or if the winery and restaurant are separate. Anyone have any experience here or know how to approach this?

    Any other winery experience is also appreciated. I plan on going there for the steak, not to drink. Although, I may pick up a bottle or two while I am there. :)
    ‎"When the need for my gun is abated I will lay it down freely, but until that day comes not even Satan himself could pry it from my cold dead hands."


  2. #2
    VIP Member Array ccw9mm's Avatar
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    If your state has a "51% of sales derived from alcoholic beverages" statute, then I'd say it would be pretty tough to attempt to claim heading to a winery constitutes less than that, unless you can specifically show that particular winery's operations comprise less than that. A restaurant is one thing. But a winery that happens to have a restaurant? I'd suggest getting your facts down, if you're going to attempt it. Or, you could call the winery ahead of time, to check their take on things.

    * Not a MO resident, here.
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    Member Array flphotog's Avatar
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    Don't know about MO, but in FL the booze only counts if it's consumed on the premises. I can carry in a liquor store, no problem. The issue here is if I go to a restaurant that has a bar, I just can't sit in the bar area, the restaurant is fine. Check Handgunlaw.us as a starting point.

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    Member Array Arrow's Avatar
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    Missouri Statute 571.107 (1) lists 17 places that are off limits to CC permit holders, but 571.107 (2) (see below) gives the "penalties" for violation.
    There are no criminal penalties for violation. You can be asked to leave. Basically, there are no places that are off-limits CC permit holders as long as you keep it concealed and are not discovered (again, if discovered, you may be asked to leave, but no criminal penalty).

    2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars and his or her endorsement to carry concealed firearms shall be suspended for a period of one year. If a third citation for a similar violation is issued within one year of the first citation, such person shall be fined an amount not to exceed five hundred dollars and shall have his or her concealed carry endorsement revoked and such person shall not be eligible for a concealed carry endorsement for a period of three years. Upon conviction of charges arising from a citation issued pursuant to this subsection, the court shall notify the sheriff of the county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue. The sheriff shall suspend or revoke the certificate of qualification for a concealed carry endorsement and the department of revenue shall issue a notice of such suspension or revocation of the concealed carry endorsement and take action to remove the concealed carry endorsement from the individual's driving record. The director of revenue shall notify the licensee that he or she must apply for a new license pursuant to chapter 302 which does not contain such endorsement. A concealed carry endorsement suspension pursuant to sections 571.101 to 571.121 shall be reinstated at the time of the renewal of his or her driver's license. The notice issued by the department of revenue shall be mailed to the last known address shown on the individual's driving record. The notice is deemed received three days after mailing.

  5. #5
    Member Array XD9rottie's Avatar
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    I live in St Louis and have visited Stone Hill with my wife on a couple of occasions.

    If you carry, I recommend you don't even sample (as a winery they have tasting). I usually make a comment about not liking wine or grapes.

    In MO the only "true" off limits places usually have metal detectors or are federal (post office). Otherwise if you are "discovered" you can be asked to leave, if you don't leave you get a trespassing ticket.

    It sounds paranoid, but I also pay with a credit card or debit card and make sure I keep a detailed receipt from the resturant. That way I have proof that I drank soda or ice tea, just in case anything happens. (I also keep gas pump receipts, I got pulled over once because another blue pickup truck drove off without paying for gas. It turned out that my license plate was very similar to the drive off guy's and we had nearly identical trucks. I produced my receipt and was immediately let go. )


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  6. #6
    Member Array trekkiejt's Avatar
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    Well, the specific wording is "(7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager."

    My trouble is discerning if that means since they can dispense it does all of it count or just what is dispensed. They don't open the bottles before they sell them.

    While it is not illegal to have a little alcohol and carry (the law mentions intoxication specifically) it is bad form and playing with fire to do so. It's not something I want to test.
    ‎"When the need for my gun is abated I will lay it down freely, but until that day comes not even Satan himself could pry it from my cold dead hands."

  7. #7
    Member Array XD9rottie's Avatar
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    Doesn't really matter. No matter the prohibited place (exception being federal ad local), you can only be asked to leave or risk a trespass ticket.

    Federal facilities like post offices are covered by fed law, and some local cities have enacted ordinances (my town's city hall has metal detectors).

    Feel free to pm me if you have specific questions. Basically, don't be afraid to carry into the winery's, worst case scenario is you can be asked to leave, and take your $$$$ elseware.


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