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