Text: SF02308 Text: SF02310 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.50, subsection 1, Code 1999, is 1 2 amended to read as follows: 1 3 1. Any person who violates any of the provisions of 1 4 section 123.49, except subsection 2, paragraph "h", shall be 1 5 guilty of a simple misdemeanor. A person who violates section 1 6 123.49, subsection 2, paragraph "h", or fails to affix or 1 7 record a keg identification number or to show a record of the 1 8 keg identification numbers pursuant to section 123.137 or 1 9 123.138, commits a simple misdemeanor punishable as a 1 10 scheduled violation under section 805.8, subsection 10, 1 11 paragraph "a". 1 12 Sec. 2. Section 123.50, subsection 3, unnumbered paragraph 1 13 1, Code 1999, is amended to read as follows: 1 14 If any licensee, wine permittee, beer permittee, or 1 15 employee of a licensee or permittee is convicted of a 1 16 violation of section 123.49, subsection 2, paragraph "h",or1 17 if a retail wine or beer permittee is convicted of a violation 1 18 of paragraph "i" of that subsection, or if a licensee, beer 1 19 permittee, or employee of a licensee or permittee fails to 1 20 affix or record a keg identification number or to show a 1 21 record of the keg identification numbers pursuant to section 1 22 123.137 or 123.138, the administrator or local authority 1 23 shall, in addition to criminal penalties fixed for violations 1 24 by this section, assess a civil penalty as follows: 1 25 Sec. 3. Section 123.137, unnumbered paragraph 1, Code 1 26 1999, is amended to read as follows: 1 27 A person holding a class "A" or special class "A" permit 1 28 shall on or before the tenth day of each calendar month 1 29 commencing on the tenth day of the calendar month following 1 30 the month in which the person is issued a permit, make a 1 31 report under oath to the division upon forms to be furnished 1 32 by the division for that purpose showing the exact number of 1 33 barrels of beer, or fractional parts of barrels, sold by the 1 34 permit holder during the preceding calendar month. Each keg 1 35 of beer exceeding two gallons in capacity shall have an 2 1 identification number which shall be included in the report. 2 2 Each class "A" permittee shall affix the identification number 2 3 to each keg exceeding two gallons in capacity. The report 2 4 shall also state information the administrator requires, and 2 5 permit holders shall at the time of filing a report pay to the 2 6 division the amount of tax due at the rate fixed in section 2 7 123.136. 2 8 Sec. 4. Section 123.138, Code 1999, is amended to read as 2 9 follows: 2 10 123.138 BOOKS OF ACCOUNT REQUIRED. 2 11 1. Each class "A" or special class "A" permittee shall 2 12 keep proper books of account and records showing the amount of 2 13 beer sold by the permittee, and these books of account shall 2 14 be at all times open to inspection by the administrator and to 2 15 other persons pursuant to section 123.30, subsection 1. Each 2 16 class "B" and class "C" permittee shall keep proper books of 2 17 account and records showing each purchase of beer made by the 2 18 permittee, the keg identification number if applicable, and 2 19 the date and the amount of each purchase and the name of the 2 20 person from whom each purchase was made, which books of 2 21 account and records shall be open to inspection pursuant to 2 22 section 123.30, subsection 1, during normal business hours of 2 23 the permittee. 2 24 2. Each class "A", class "B", and class "C" permittee 2 25 shall also keep a record of the identification number of each 2 26 keg of beer which has a capacity exceeding two gallons sold by 2 27 the permittee and the name and address of the purchaser. This 2 28 record shall also be open to inspection by peace officers 2 29 pursuant to section 123.30, subsection 1, during normal 2 30 business hours of the permittee. 2 31 EXPLANATION 2 32 This bill provides that a keg of beer exceeding two gallons 2 33 in capacity shall have an identification number. The 2 34 identification number shall be affixed to the keg by the 2 35 wholesaler and recorded by each permittee with the name and 3 1 address of the purchaser of the beer keg. The records shall 3 2 be open to inspection by peace officers and others. 3 3 A permittee who fails to affix a keg identification number 3 4 or to keep a record of the identification number of each keg 3 5 of beer which has a capacity exceeding two gallons sold by the 3 6 permittee and the name and address of the purchaser is guilty 3 7 of a simple misdemeanor punishable as a scheduled violation of 3 8 $1,500 for a permittee or $500 for an employee of a permittee. 3 9 A violator is also subject to a permit suspension of 14 days 3 10 upon first conviction, 30 days for a second conviction within 3 11 two years, and 60 days for a third conviction within three 3 12 years, and is subject to a permit revocation for a fourth 3 13 conviction within three years. 3 14 LSB 5100SV 78 3 15 tj/cf/24
Text: SF02308 Text: SF02310 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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