House File 650 - Enrolled

PAG LIN



  1  1                                       HOUSE FILE 650
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE SALES OF BEER KEGS BY REQUIRING AN
  1  5    IDENTIFICATION NUMBER ON EACH KEG OF BEER, RECORDING
  1  6    OF THE PURCHASE OF BEER BY THE KEG, AND PROVIDING
  1  7    PENALTIES.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  Section 123.50, subsection 1, Code 2007, is
  1 12 amended to read as follows:
  1 13    1.  Any person who violates any of the provisions of
  1 14 section 123.49, except subsection 2, paragraph "h", or who
  1 15 fails to affix upon sale, defaces, or fails to record a keg
  1 16 identification sticker or produce a record of keg
  1 17 identification stickers pursuant to section 123.138, shall be
  1 18 guilty of a simple misdemeanor.  A person who violates section
  1 19 123.49, subsection 2, paragraph "h", commits a simple
  1 20 misdemeanor punishable as a scheduled violation under section
  1 21 805.8C, subsection 2.
  1 22    Sec. 2.  Section 123.138, Code 2007, is amended to read as
  1 23 follows:
  1 24    123.138  BOOKS OF ACCOUNT REQUIRED == KEG IDENTIFICATION
  1 25 STICKER.
  1 26    1.  Each class "A" or special class "A" permittee shall
  1 27 keep proper books of account and records showing the amount of
  1 28 beer sold by the permittee, and these books of account shall
  1 29 be at all times open to inspection by the administrator and to
  1 30 other persons pursuant to section 123.30, subsection 1.  Each
  1 31 class "B" and class "C" permittee shall keep proper books of
  1 32 account and records showing each purchase of beer made by the
  1 33 permittee, and the date and the amount of each purchase and
  1 34 the name of the person from whom each purchase was made, which
  1 35 books of account and records shall be open to inspection
  2  1 pursuant to section 123.30, subsection 1, during normal
  2  2 business hours of the permittee.
  2  3    2.  a.  Each class "B", "C", or special class "C" liquor
  2  4 control licensee and class "B" or "C" beer permittee who sells
  2  5 beer for off=premises consumption shall affix to each keg of
  2  6 beer an identification sticker provided by the administrator.
  2  7 The sticker provided shall allow for its full removal when
  2  8 common external keg cleaning procedures are performed.  For
  2  9 the purposes of this subsection, "keg" means all durable and
  2 10 disposable containers with a liquid capacity of five gallons
  2 11 or more.  Each class "B", "C", or special class "C" liquor
  2 12 control licensee and class "B" or "C" beer permittee shall
  2 13 also keep a record of the identification sticker number of
  2 14 each keg of beer sold by the licensee or permittee with the
  2 15 name and address of the purchaser and the number of the
  2 16 purchaser's driver's license, nonoperator's identification
  2 17 card, or military identification card, if the military
  2 18 identification card contains a picture and signature.  This
  2 19 information shall be retained by the licensee or permittee for
  2 20 a minimum of ninety days.  The records kept pursuant to this
  2 21 subsection shall be available for inspection by any law
  2 22 enforcement officer during normal business hours.
  2 23    b.  The division shall provide the keg identification
  2 24 stickers described in paragraph "a" and shall, prior to
  2 25 utilizing a sticker, notify licensed brewers and licensed beer
  2 26 importers of the type of sticker to be utilized.  Each sticker
  2 27 shall contain a number and the following statement:  "It is
  2 28 unlawful to sell, give, or otherwise supply any alcoholic
  2 29 beverage, wine, or beer to any person under legal age.  Any
  2 30 person who defaces this sticker shall be guilty of criminal
  2 31 mischief punishable pursuant to section 716.6 and shall cause
  2 32 the forfeiture of any deposit, if applicable."  The
  2 33 identification sticker shall be placed on the keg at the time
  2 34 of retail sale.  The licensee or permittee shall purchase the
  2 35 stickers referred to in this subsection from the division and
  3  1 shall remit to the division deposits forfeited pursuant to
  3  2 this lettered paragraph due to defacement.  The cost of the
  3  3 stickers to licensees and permittees shall not exceed the
  3  4 division's cost of producing and distributing the stickers.
  3  5 The moneys collected by the division relating to the sale of
  3  6 stickers and forfeited deposits shall be credited to the beer
  3  7 and liquor control fund.
  3  8    c.  The provisions of this subsection shall be implemented
  3  9 uniformly throughout the state.  The provisions of this
  3 10 subsection shall preempt any local county or municipal
  3 11 ordinance regarding keg registration or the sale of beer in
  3 12 kegs.  In addition, a county or municipality shall not adopt
  3 13 or continue in effect an ordinance regarding keg registration
  3 14 or the sale of beer in kegs.
  3 15    d.  The division shall establish by rule procedures
  3 16 relating to the forfeiture and remittance of deposits pursuant
  3 17 to paragraph "b".
  3 18
  3 19
  3 20                                                             
  3 21                               PATRICK J. MURPHY
  3 22                               Speaker of the House
  3 23
  3 24
  3 25                                                             
  3 26                               JOHN P. KIBBIE
  3 27                               President of the Senate
  3 28
  3 29    I hereby certify that this bill originated in the House and
  3 30 is known as House File 650, Eighty=second General Assembly.
  3 31
  3 32
  3 33                                                             
  3 34                               MARK BRANDSGARD
  3 35                               Chief Clerk of the House
  4  1 Approved                , 2007
  4  2
  4  3
  4  4                            
  4  5 CHESTER J. CULVER
  4  6 Governor