General Assembly: 82 (2007 Regular GA) - Chapter 46 - Beer keg regulation and sales


Published: 2007-04-05

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188LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 45

(2) Public, private, and nonprofit sector employment. (3) Location of secondary and higher education within and outside Iowa. (4) Urban and rural residents. (5) Multicultural diversity. b. Four members of the general assembly shall serve as nonvoting, ex officio members of

the commission with two from the senate and two from the house of representatives and not more than onemember from each chamber being from the samepolitical party. The two sena- tors shall be designated by the president of the senate after consultation with themajority and minority leaders of the senate. The two representatives shall be designated by the speaker of the house of representatives after consultation with the majority and minority leaders of the house of representatives. 3. The voting members shall be appointed in compliance with the requirements of sections

69.16, 69.16A, and 69.19, and shall serve staggered, three-year terms as designated by the gov- ernor. Membersmay be reappointed by the governor provided the requirements of subsection 2 are met. 4. The commission shall annually elect a chairperson anda vice chairperson from thevoting

members of the commission. 5. The commission shall do all of the following: a. (1) By January15, 2008, the commission shall submit awritten report to the governor and

the general assembly. The report shall include findings and recommendations of the commis- sion regarding the status of efforts to attract and retain the young adult population in the state, career opportunities and educational needs of young adults, and the movement of the young adult population between rural areas and urban areas and between Iowa and other states. The commission shall submit an updated report to the governor and the general assembly by Janu- ary 15, 2009, and by January 15 in every odd-numbered year thereafter. (2) By January 15 in years when the report required in subparagraph (1) is not updated, the

commission shall submit to the governor and the general assembly a written status report which shall includean analysis of progressmadeduring theprevious calendar year on any rec- ommendations in the report and any available updates on data included in the report. b. Advise and assist the department in activities designed to retain and attract the young

adult population. c. Develop andmake available best practices guidelines for employers to attract and retain

young adult employees.

Approved April 5, 2007

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CH. 46CH. 46

CHAPTER 46

BEER KEG REGULATION AND SALES

H.F. 650

AN ACT relating to the sales of beer kegs by requiring an identification number on each keg of beer, recording of the purchase of beer by the keg, and providing penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 123.50, subsection 1, Code 2007, is amended to read as follows: 1. Any personwho violates any of the provisions of section 123.49, except subsection 2, par-

189 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 46

agraph “h”, orwho fails to affix upon sale, defaces, or fails to record a keg identification sticker or produce a record of keg identification stickers pursuant to section 123.138, shall be guilty of a simple misdemeanor. A person who violates section 123.49, subsection 2, paragraph “h”, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 2.

Sec. 2. Section 123.138, Code 2007, is amended to read as follows: 123.138 BOOKS OF ACCOUNT REQUIRED — KEG IDENTIFICATION STICKER. 1. Each class “A” or special class “A” permittee shall keep proper books of account and rec-

ords showing the amount of beer sold by the permittee, and these books of account shall be at all times open to inspection by the administrator and to other persons pursuant to section 123.30, subsection 1. Each class “B” and class “C” permittee shall keep proper books of ac- count and records showing each purchase of beermade by the permittee, and the date and the amount of each purchase and the name of the person from whom each purchase was made, which books of account and records shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the permittee. 2. a. Each class “B”, “C”, or special class “C” liquor control licensee and class “B” or “C” beer

permitteewho sells beer for off-premises consumption shall affix to eachkeg of beer an identi- fication sticker provided by the administrator. The sticker provided shall allow for its full re- moval when common external keg cleaning procedures are performed. For the purposes of this subsection, “keg” means all durable and disposable containers with a liquid capacity of five gallons or more. Each class “B”, “C”, or special class “C” liquor control licensee and class “B” or “C” beer permittee shall also keep a record of the identification sticker number of each keg of beer sold by the licensee or permittee with the name and address of the purchaser and the number of the purchaser’s driver’s license, nonoperator’s identification card, or military identification card, if the military identification card contains a picture and signature. This information shall be retained by the licensee or permittee for a minimum of ninety days. The records kept pursuant to this subsection shall be available for inspection by any law enforce- ment officer during normal business hours. b. The division shall provide the keg identification stickers described in paragraph “a” and

shall, prior to utilizing a sticker, notify licensed brewers and licensed beer importers of the type of sticker to be utilized. Each sticker shall contain a number and the following state- ment: “It is unlawful to sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person under legal age. Any person who defaces this sticker shall be guilty of criminal mischief punishable pursuant to section 716.6 and shall cause the forfeiture of any deposit, if applicable.” The identification sticker shall be placed on the keg at the time of retail sale. The licenseeorpermittee shall purchase the stickers referred to in this subsection from thedivision and shall remit to the division deposits forfeited pursuant to this lettered paragraph due to de- facement. The cost of the stickers to licensees and permittees shall not exceed the division’s cost of producing and distributing the stickers. The moneys collected by the division relating to the sale of stickers and forfeited deposits shall be credited to the beer and liquor control fund. c. The provisions of this subsection shall be implemented uniformly throughout the state.

The provisions of this subsection shall preempt any local county or municipal ordinance re- garding keg registration or the sale of beer in kegs. In addition, a county ormunicipality shall not adopt or continue in effect an ordinance regarding keg registration or the sale of beer in kegs. d. The division shall establish by rule procedures relating to the forfeiture and remittance

of deposits pursuant to paragraph “b”.

Approved April 5, 2007