House File 67 - Introduced
HOUSE FILE
BY REASONER, HEDDENS, SCHICKEL,
and DOLECHECK
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 1035HH 81
6 rn/sh/8
PAG LIN
1 1 Section 1. Section 123.50, subsection 1, Code 2005, 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 2005, 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 an identification sticker provided by the administrator.
1 31 For the purposes of this section, "keg" means all durable and
1 32 disposable containers with a liquid capacity of five gallons
1 33 or more. Each class "B", "C", or special class "C" liquor
1 34 control licensee and class "B" or "C" beer permittee shall
1 35 also keep a record of the identification sticker number of
2 1 each keg of beer sold by the licensee or permittee with the
2 2 name and address of the purchaser and the number of the
2 3 purchaser's driver's license, nonoperator's identification
2 4 card, or military identification card, if the military
2 5 identification card contains a picture and signature. This
2 6 information shall be retained by the licensee or permittee for
2 7 a minimum of ninety days. The records kept pursuant to this
2 8 section shall be available for inspection by any law
2 9 enforcement officer during normal business hours.
2 10 3. The division shall provide the keg identification
2 11 stickers described in subsection 2. Each sticker shall
2 12 contain a number and the following statement: "It is unlawful
2 13 to sell, give, or otherwise supply any alcoholic beverage,
2 14 wine, or beer to any person under legal age. Any person who
2 15 defaces this sticker shall be guilty of criminal mischief
2 16 punishable pursuant to section 716.6 and shall cause the
2 17 forfeiture of any deposit, if applicable." The identification
2 18 sticker shall be placed on the keg at the time of retail sale.
2 19 The licensee or permittee shall purchase the stickers referred
2 20 to in this section from the division and shall remit to the
2 21 division deposits forfeited pursuant to this subsection due to
2 22 defacement. The cost of the stickers to licensees and
2 23 permittees shall not exceed the division's cost of producing
2 24 and distributing the stickers. The moneys collected by the
2 25 division relating to the sale of stickers and forfeited
2 26 deposits shall be credited to the beer and liquor control
2 27 fund.
2 28 4. Enforcement of this section shall be implemented
2 29 uniformly throughout the state. For purposes of uniform
2 30 implementation, a county or municipality shall not set
2 31 requirements or establish a penalty which is higher or more
2 32 stringent than the requirements or penalties enumerated in
2 33 this section, section 123.50, and section 716.6. The division
2 34 shall establish by rule procedures relating to the forfeiture
2 35 and remittance of deposits pursuant to subsection 3.
3 1 EXPLANATION
3 2 This bill provides that specified liquor control licensees
3 3 and beer permittees who sell beer for off=premises consumption
3 4 shall affix to each keg of beer an identification sticker
3 5 provided by the administrator of the alcoholic beverages
3 6 division of the department of commerce. The bill provides
3 7 that a "keg" of beer shall refer to all durable and disposable
3 8 containers with a liquid capacity of five gallons or more.
3 9 The bill also provides that each of the specified licensees
3 10 and permittees shall keep a record of the identification
3 11 sticker number of each keg of beer sold by the licensee or
3 12 permittee with the name and address of the purchaser and the
3 13 number of the purchaser's driver's license, nonoperator's
3 14 identification card, or military identification card. The
3 15 bill provides that this information shall be retained for a
3 16 minimum of 90 days, and shall be available for inspection by
3 17 any law enforcement officer during normal business hours. The
3 18 bill provides that the identification sticker shall be affixed
3 19 to the keg at the time of the retail sale.
3 20 The bill provides that the alcoholic beverages division
3 21 shall provide the keg identification stickers, and that each
3 22 sticker shall display an identification number and a statement
3 23 that it is unlawful to sell, give, or otherwise supply any
3 24 alcoholic beverage, wine, or beer to any person under legal
3 25 age, and that any person who defaces the sticker shall be
3 26 guilty of criminal mischief and shall forfeit a deposit, if
3 27 applicable. The bill provides that the licensee or permittee
3 28 shall purchase the stickers from the division, that the
3 29 licensee or permittee shall be authorized to retain a
3 30 forfeited deposit, that the cost of the stickers shall not
3 31 exceed the division's production and distribution cost, and
3 32 that the moneys collected by the division from the sale of the
3 33 stickers or from forfeited deposits shall be credited to the
3 34 beer and liquor control fund.
3 35 The bill provides that penalty provisions contained in Code
4 1 section 123.50, regarding violations being punishable as a
4 2 simple misdemeanor, shall be applicable to a licensee or
4 3 permittee who fails to affix upon sale, defaces, or fails to
4 4 record a keg identification sticker or produce a record of keg
4 5 identification stickers. The bill provides that the
4 6 provisions of the bill shall be enforced and implemented
4 7 uniformly across the state, and that a county or municipality
4 8 shall not set requirements or establish a penalty which is
4 9 higher or more stringent than the requirements or penalty
4 10 provisions made applicable in Code section 123.50 or 716.6.
4 11 LSB 1035HH 81
4 12 rn/sh/8