House File 220
HOUSE FILE
BY DOLECHECK and REASONER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the sales of beer kegs by requiring an
2 identification number on each keg of beer, recording of the
3 purchase of beer by the keg, and providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2188HH 80
6 rn/sh/8
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 or
1 7 record a keg identification number or to produce a record of
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 805.8C, 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 licensee, beer
1 18 permittee, or employee of a licensee or permittee fails to
1 19 affix or record a keg identification number or to produce a
1 20 record of keg identification numbers pursuant to section
1 21 123.137 or 123.138, the administrator or local authority
1 22 shall, in addition to criminal penalties fixed for violations
1 23 by this section, assess a civil penalty as follows:
1 24 Sec. 3. Section 123.137, unnumbered paragraph 1, Code
1 25 2003, is amended to read as follows:
1 26 A person holding a class "A" or special class "A" permit
1 27 shall on or before the tenth day of each calendar month
1 28 commencing on the tenth day of the calendar month following
1 29 the month in which the person is issued a permit, make a
1 30 report under oath to the division upon forms to be furnished
1 31 by the division for that purpose showing the exact number of
1 32 barrels of beer, or fractional parts of barrels, sold by the
1 33 permit holder during the preceding calendar month. Each keg
1 34 of beer exceeding two gallons in capacity shall have an
1 35 identification number which shall be included in the report.
2 1 Each class "A" permittee shall affix the identification number
2 2 to each keg exceeding two gallons in capacity by means of a
2 3 durable and permanent identification tag. The report shall
2 4 also state information the administrator requires, and permit
2 5 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 2003, 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", or class "C" permittee shall
2 25 also keep a record of the identification number of each keg of
2 26 beer which has a capacity exceeding two gallons sold by the
2 27 permittee; the name, address, and driver's license or social
2 28 security number of the purchaser; and the name of the employee
2 29 selling the keg. This identification number, purchaser, and
2 30 employee information shall be retained by the permittee for a
2 31 minimum of six months.
2 32 EXPLANATION
2 33 This bill provides that a keg of beer with two gallons or
2 34 more capacity shall have an identification number. The bill
2 35 provides that the identification number shall be affixed to
3 1 the keg by means of a permanent and durable identification tag
3 2 by the wholesaler and recorded by each permittee with the name
3 3 and address of the purchaser of the keg, the purchaser's
3 4 social security number or driver's license number, and the
3 5 name of the employee selling the keg to the purchaser. The
3 6 bill provides that the identification records shall be
3 7 retained by the permittee for a minimum of six months.
3 8 The bill provides that a permittee who fails to affix a keg
3 9 identification number or to keep a record of the number and
3 10 the other identifying information required regarding the
3 11 purchaser and employee of the permittee selling the keg is
3 12 guilty of a simple misdemeanor punishable as a scheduled
3 13 violation of $1,500 for a permittee or $500 for an employee of
3 14 a permittee. A violator is also subject to a permit
3 15 suspension of 14 days upon first conviction, 30 days for a
3 16 second conviction within two years, and 60 days for a third
3 17 conviction within three years, and is subject to a permit
3 18 revocation for a fourth conviction within three years.
3 19 LSB 2188HH 80
3 20 rn/sh/8