Senate File 287 - Introduced



                                     SENATE FILE       
                                     BY  HOGG, QUIRMBACH, MULDER,
                                         HANCOCK, OLIVE, and NOBLE

                                     (COMPANION TO HF 56 BY REASONER)


    Passed Senate, Date                Passed House,  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 1029SS 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 1029SS 82
  4 14 ec:nh/sh/8