House File 56HOUSE FILE BY REASONER, WHITAKER, WENDT, HEDDENS, SWAIM, DOLECHECK, GASKILL, SCHICKEL, DE BOEF, HUNTER, FREVERT, BOAL, D. OLSON, ALONS, SODERBERG, KAUFMANN, and MERTZ 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 1029HH 82 6 ec/sh/8 PAG LIN 1 1 Section 1. Section 123.50, subsection 1, Code 2007, 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 2007, is amended to read as 1 13 follows: 1 14 123.138 BOOKS OF ACCOUNT REQUIRED == KEG IDENTIFICATION 1 15 STICKER. 1 16 1. Each class "A" or special class "A" permittee shall 1 17 keep proper books of account and records showing the amount of 1 18 beer sold by the permittee, and these books of account shall 1 19 be at all times open to inspection by the administrator and to 1 20 other persons pursuant to section 123.30, subsection 1. Each 1 21 class "B" and class "C" permittee shall keep proper books of 1 22 account and records showing each purchase of beer made by the 1 23 permittee, and the date and the amount of each purchase and 1 24 the name of the person from whom each purchase was made, which 1 25 books of account and records shall be open to inspection 1 26 pursuant to section 123.30, subsection 1, during normal 1 27 business hours of the permittee. 1 28 2. a. Each class "B", "C", or special class "C" liquor 1 29 control licensee and class "B" or "C" beer permittee who sells 1 30 beer for off=premises consumption shall affix to each keg of 1 31 beer an identification sticker provided by the administrator. 1 32 For the purposes of this subsection, "keg" means all durable 1 33 and disposable containers with a liquid capacity of five 1 34 gallons or more. Each class "B", "C", or special class "C" 1 35 liquor control licensee and class "B" or "C" beer permittee 2 1 shall also keep a record of the identification sticker number 2 2 of each keg of beer sold by the licensee or permittee with the 2 3 name and address of the purchaser and the number of the 2 4 purchaser's driver's license, nonoperator's identification 2 5 card, or military identification card, if the military 2 6 identification card contains a picture and signature. This 2 7 information shall be retained by the licensee or permittee for 2 8 a minimum of ninety days. The records kept pursuant to this 2 9 subsection shall be available for inspection by any law 2 10 enforcement officer during normal business hours. 2 11 b. The division shall provide the keg identification 2 12 stickers described in paragraph "a". 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 2 17 punishable pursuant to section 716.6 and shall cause the 2 18 forfeiture of any deposit, if applicable." The identification 2 19 sticker shall be placed on the keg at the time of retail sale. 2 20 The licensee or permittee shall purchase the stickers referred 2 21 to in this subsection from the division and shall remit to the 2 22 division deposits forfeited pursuant to this lettered 2 23 paragraph due to defacement. The cost of the stickers to 2 24 licensees and permittees shall not exceed the division's cost 2 25 of producing and distributing the stickers. The moneys 2 26 collected by the division relating to the sale of stickers and 2 27 forfeited deposits shall be credited to the beer and liquor 2 28 control fund. 2 29 c. Enforcement of this subsection shall be implemented 2 30 uniformly throughout the state. For purposes of uniform 2 31 implementation, a county or municipality shall not set 2 32 requirements or establish a penalty which is higher or more 2 33 stringent than the requirements or penalties enumerated in 2 34 this subsection, section 123.50, and section 716.6. The 2 35 division shall establish by rule procedures relating to the 3 1 forfeiture and remittance of deposits pursuant to paragraph 3 2 "b". 3 3 EXPLANATION 3 4 This bill provides that specified liquor control licensees 3 5 and beer permittees who sell beer for off=premises consumption 3 6 shall affix to each keg of beer an identification sticker 3 7 provided by the administrator of the alcoholic beverages 3 8 division of the department of commerce. The bill provides 3 9 that a "keg" of beer shall refer to all durable and disposable 3 10 containers with a liquid capacity of five gallons or more. 3 11 The bill also provides that each of the specified licensees 3 12 and permittees shall keep a record of the identification 3 13 sticker number of each keg of beer sold by the licensee or 3 14 permittee with the name and address of the purchaser and the 3 15 number of the purchaser's driver's license, nonoperator's 3 16 identification card, or military identification card. The 3 17 bill provides that this information shall be retained for a 3 18 minimum of 90 days, and shall be available for inspection by 3 19 any law enforcement officer during normal business hours. The 3 20 bill provides that the identification sticker shall be affixed 3 21 to the keg at the time of the retail sale. 3 22 The bill provides that the alcoholic beverages division 3 23 shall provide the keg identification stickers, and that each 3 24 sticker shall display an identification number and a statement 3 25 that it is unlawful to sell, give, or otherwise supply any 3 26 alcoholic beverage, wine, or beer to any person under legal 3 27 age, and that any person who defaces the sticker shall be 3 28 guilty of criminal mischief and shall forfeit a deposit, if 3 29 applicable. The bill provides that the licensee or permittee 3 30 shall purchase the stickers from the division, that the 3 31 licensee or permittee shall be authorized to retain a 3 32 forfeited deposit, that the cost of the stickers shall not 3 33 exceed the division's production and distribution cost, and 3 34 that the moneys collected by the division from the sale of the 3 35 stickers or from forfeited deposits shall be credited to the 4 1 beer and liquor control fund. 4 2 The bill provides that penalty provisions contained in Code 4 3 section 123.50, regarding violations being punishable as a 4 4 simple misdemeanor, shall be applicable to a licensee or 4 5 permittee who fails to affix upon sale, defaces, or fails to 4 6 record a keg identification sticker or produce a record of keg 4 7 identification stickers. The bill provides that the 4 8 provisions of the bill shall be enforced and implemented 4 9 uniformly across the state, and that a county or municipality 4 10 shall not set requirements or establish a penalty which is 4 11 higher or more stringent than the requirements or penalty 4 12 provisions made applicable in Code section 123.50 or 716.6. 4 13 LSB 1029HH 82 4 14 ec:nh/sh/8