Text: SSB03131 Text: SSB03133 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 123.50, subsection 1, Code 2003, 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 a keg
1 7 identification tag or complete or produce a keg registration
1 8 form pursuant to section 123.138A, commits a simple
1 9 misdemeanor punishable as a scheduled violation under section
1 10 805.8C, subsection 2.
1 11 Sec. 2. Section 123.50, subsection 3, unnumbered paragraph
1 12 1, Code 2003, is amended to read as follows:
1 13 If any licensee, wine permittee, beer permittee, or
1 14 employee of a licensee or permittee is convicted of a
1 15 violation of section 123.49, subsection 2, paragraph "h", or
1 16 if a retail wine or beer permittee is convicted of a violation
1 17 of paragraph "i" of that subsection, or if a class "B" or
1 18 class "C" beer permittee fails to affix a keg identification
1 19 tag or complete or produce a keg registration form pursuant to
1 20 section 123.138A, the administrator or local authority shall,
1 21 in addition to criminal penalties fixed for violations by this
1 22 section, assess a civil penalty as follows:
1 23 Sec. 3. NEW SECTION. 123.138A IDENTIFICATION NUMBERS –
1 24 REGISTRATION PROCEDURES.
1 25 1. Each keg of beer exceeding two gallons in capacity sold
1 26 by a class "B" or class "C" permittee shall have an
1 27 identification number affixed to the keg. A series of
1 28 identification numbers shall be issued to each permittee by
1 29 the county auditor. Procedures for the issuance of the
1 30 identification numbers shall be established by the division by
1 31 rule. Each permittee shall affix an identification number to
1 32 each keg of beer by means of a durable and permanent plastic
1 33 or metal tag, which shall be securely fastened onto the keg
1 34 with nylon ties, cording, wire ties, or other secure
1 35 attachment devices. Each tag shall prominently display a
2 1 warning that it is a criminal offense to alter, damage, or
2 2 remove the tag from the keg. Each permittee shall keep a
2 3 record of the identification number of each keg of beer sold
2 4 by the permittee and the registration information specified in
2 5 subsection 2.
2 6 2. A purchaser of a keg of beer exceeding two gallons in
2 7 capacity shall provide a photographic identification document
2 8 and their name, address, and social security number, if
2 9 applicable, to the class "B" or class "C" permittee from whom
2 10 the person is purchasing the keg. The permittee shall record
2 11 and document this information on a registration form and
2 12 include on the form the keg identification number assigned to
2 13 the keg, a specified return date, and the actual date of
2 14 return. The purchaser shall return the keg with the keg
2 15 identification tag attached in a legible and undamaged form on
2 16 or before the return date specified on the keg registration
2 17 form. The permittee shall remove the keg identification tag
2 18 upon return of the keg and shall maintain it with the
2 19 corresponding keg registration and return records for a
2 20 minimum of one year. The permittee shall furnish keg
2 21 registration forms and keg identification tags to law
2 22 enforcement agencies upon request.
2 23 3. A purchaser in possession of a keg of beer exceeding
2 24 two gallons in capacity purchased for off-site consumption
2 25 after the effective date of this Act without an intact,
2 26 legible, and undamaged keg identification tag attached, or in
2 27 possession of an altered, damaged, destroyed, or removed keg
2 28 identification tag, is guilty of a simple misdemeanor.
2 29 Sec. 4. Section 805.8C, subsection 2, Code 2003, is
2 30 amended to read as follows:
2 31 2. ALCOHOLIC BEVERAGE VIOLATIONS. For violations of
2 32 section 123.49, subsection 2, paragraph "h", and of section
2 33 123.138A, the scheduled fine for a licensee or permittee is
2 34 one thousand five hundred dollars, and the scheduled fine for
2 35 a person who is employed by a licensee or permittee is five
3 1 hundred dollars.
3 2 EXPLANATION
3 3 This bill provides for the attachment of a keg
3 4 identification tag to each keg of beer exceeding two gallons
3 5 in capacity sold by a class "B" or class "C" permittee, and
3 6 specified related registration and compliance procedures.
3 7 The bill provides that a series of identification numbers
3 8 shall be issued to each permittee by the county auditor,
3 9 according to procedures established by rule by the alcoholic
3 10 beverages division of the department of commerce. The bill
3 11 provides that each permittee shall affix an identification
3 12 number to each keg of beer by means of a durable and permanent
3 13 plastic or metal tag, securely fastened onto the keg, and
3 14 displaying a warning that it is a criminal offense to alter,
3 15 damage, or remove the tag from the keg.
3 16 The bill provides that a purchaser shall provide a
3 17 photographic identification document and their name, address,
3 18 and social security number when purchasing a keg. The bill
3 19 provides that a permittee shall record and document this
3 20 information on a registration form and include on the form the
3 21 keg identification number assigned to the keg, a specified
3 22 return date, and the actual date of return. The bill provides
3 23 that a purchaser shall return the keg with the keg
3 24 identification tag attached in a legible and undamaged form on
3 25 or before the return date specified on the keg registration
3 26 form, and that the permittee shall maintain it with the
3 27 corresponding keg registration and return records for a
3 28 minimum of one year. The bill provides that the permittee
3 29 shall furnish keg registration forms and keg identification
3 30 tags to law enforcement agencies upon request.
3 31 The bill provides that a permittee who fails to affix a keg
3 32 identification number or complete or produce a keg
3 33 registration form is guilty of a simple misdemeanor punishable
3 34 as a scheduled violation with a fine of $1,500 for a permittee
3 35 or $500 for an employee of a permittee. The bill provides
4 1 that a permittee shall also be subject to a permit suspension
4 2 of 14 days upon first conviction, 30 days for a second
4 3 conviction within two years, and 60 days for a third
4 4 conviction within three years, and is subject to a permit
4 5 revocation for a fourth conviction within three years.
4 6 The bill provides that a purchaser in possession of a keg
4 7 of beer exceeding two gallons in capacity purchased for off-
4 8 site consumption after the effective date of the bill without
4 9 an intact, legible, and undamaged keg identification tag
4 10 attached, or in possession of an altered, damaged, destroyed,
4 11 or removed keg identification tag, is guilty of a simple
4 12 misdemeanor punishable pursuant to Code section 903.1.
4 13 LSB 5508XS 80
4 14 rn/sh/8
Text: SSB03131 Text: SSB03133 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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