House File 2499
HOUSE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HF 220)
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 6813HV 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", or who
1 5 fails to affix upon sale, defaces, or fails to record a keg
1 6 identification sticker or produce a record of keg
1 7 identification stickers pursuant to section 123.138, shall be
1 8 guilty of a simple misdemeanor. A person who violates section
1 9 123.49, subsection 2, paragraph "h", commits a simple
1 10 misdemeanor punishable as a scheduled violation under section
1 11 805.8C, subsection 2.
1 12 Sec. 2. Section 123.138, Code 2003, is amended to read as
1 13 follows:
1 14 123.138 BOOKS OF ACCOUNT REQUIRED.
1 15 1. Each class "A" or special class "A" permittee shall
1 16 keep proper books of account and records showing the amount of
1 17 beer sold by the permittee, and these books of account shall
1 18 be at all times open to inspection by the administrator and to
1 19 other persons pursuant to section 123.30, subsection 1. Each
1 20 class "B" and class "C" permittee shall keep proper books of
1 21 account and records showing each purchase of beer made by the
1 22 permittee, and the date and the amount of each purchase and
1 23 the name of the person from whom each purchase was made, which
1 24 books of account and records shall be open to inspection
1 25 pursuant to section 123.30, subsection 1, during normal
1 26 business hours of the permittee.
1 27 2. Each class "B", "C", or special class "C" liquor
1 28 control licensee and class "B" or "C" beer permittee who sells
1 29 beer for off=premises consumption shall affix to each keg of
1 30 beer exceeding five gallons in capacity an identification
1 31 sticker provided by the administrator. For the purposes of
1 32 this section, "keg" means all durable and disposable
1 33 containers with a liquid capacity of five gallons or more.
1 34 Each class "B", "C", or special class "C" liquor control
1 35 licensee and class "B" or "C" beer permittee shall also keep a
2 1 record of the identification sticker number of each keg of
2 2 beer which has a capacity exceeding five gallons sold by the
2 3 permittee with the name and address of the purchaser and the
2 4 number of the purchaser's driver's license, nonoperator's
2 5 identification card, or military identification card, if the
2 6 military identification card contains a picture and signature.
2 7 This information shall be retained by the permittee for a
2 8 minimum of ninety days. The records kept pursuant to this
2 9 section shall be available for inspection by any law
2 10 enforcement officer during normal business hours.
2 11 3. The division shall provide the keg identification
2 12 stickers described in subsection 2. Each sticker shall
2 13 contain a number and the following statement: "It is unlawful
2 14 to sell, give, or otherwise supply any alcoholic beverage,
2 15 wine, or beer to any person under legal age. Any person who
2 16 defaces this sticker shall be guilty of criminal mischief and
2 17 shall cause the forfeiture of any deposit, if applicable." The
2 18 identification sticker shall be placed on the keg at the time
2 19 of retail sale. The licensee or permittee shall purchase the
2 20 stickers referred to in this section from the division. The
2 21 cost of the stickers to licensees and permittees shall not
2 22 exceed the division's cost of producing and distributing the
2 23 stickers. The moneys collected by the division relating to
2 24 the sale of stickers shall be credited to the beer and liquor
2 25 control fund.
2 26 4. Enforcement of this section shall be implemented
2 27 uniformly throughout the state. For purposes of uniform
2 28 implementation, a county or municipality shall not set
2 29 requirements or establish a penalty which is higher or more
2 30 stringent than the requirements or penalties enumerated in
2 31 this section and section 123.50.
2 32 EXPLANATION
2 33 This bill provides that specified liquor control licensees
2 34 and beer permittees who sell beer for off=premises consumption
2 35 shall affix to each keg of beer exceeding five gallons in
3 1 capacity an identification sticker provided by the
3 2 administrator of the alcoholic beverages division of the
3 3 department of commerce. The bill provides that a "keg" of
3 4 beer shall refer to all durable and disposable containers with
3 5 a liquid capacity of five gallons or more.
3 6 The bill also provides that each of the specified licensees
3 7 and permittees shall keep a record of the identification
3 8 sticker number of each keg of beer which has a capacity
3 9 exceeding five gallons sold by the permittee with the name and
3 10 address of the purchaser and the number of the purchaser's
3 11 driver's license, nonoperator's identification card, or
3 12 military identification card. The bill provides that this
3 13 information shall be retained for a minimum of 90 days, and
3 14 shall be available for inspection by any law enforcement
3 15 officer during normal business hours. The bill provides that
3 16 the identification sticker shall be affixed to the keg at the
3 17 time of the retail sale.
3 18 The bill provides that the alcoholic beverages division
3 19 shall provide the keg identification stickers, and that each
3 20 sticker shall display an identification number and a statement
3 21 that it is unlawful to sell, give, or otherwise supply any
3 22 alcoholic beverage, wine, or beer to any person under legal
3 23 age, and that any person who defaces the sticker shall be
3 24 guilty of criminal mischief and shall forfeit a deposit, if
3 25 applicable. The bill provides that the licensee or permittee
3 26 shall purchase the stickers from the division, that the cost
3 27 of the stickers shall not exceed the division's production and
3 28 distribution cost, and that the moneys collected by the
3 29 division from the sale of the stickers shall be credited to
3 30 the beer and liquor control fund.
3 31 The bill provides that penalty provisions contained in Code
3 32 section 123.50, regarding violations being punishable as a
3 33 simple misdemeanor, shall be applicable to a person who fails
3 34 to affix upon sale, defaces, or fails to record a keg
3 35 identification sticker or produce a record of keg
4 1 identification stickers. The bill provides that the
4 2 provisions of the bill shall be enforced and implemented
4 3 uniformly across the state, and that a county or municipality
4 4 shall not set requirements or establish a penalty which is
4 5 higher or more stringent than the penalty provisions made
4 6 applicable in Code section 123.50.
4 7 LSB 6813HV 80
4 8 rn/sh/8