HF 645

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to alcoholic beverages; requiring the 
  1.3             commissioner of public safety to prescribe standards 
  1.4             for identification of beer kegs; requiring retailers 
  1.5             of beer to maintain records of sale of beer kegs and 
  1.6             to record the identification number of each beer keg 
  1.7             sold; prescribing penalties; proposing coding for new 
  1.8             law in Minnesota Statutes, chapter 340A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section. 1.  [340A.511] [SALE OF BEER KEGS.] 
  1.11     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.12  "beer keg" means any single container that contains not less 
  1.13  than 3-1/2 gallons of malt liquor. 
  1.14     Subd. 2.  [STANDARDS.] The commissioner of public safety 
  1.15  shall prescribe standards for permanent engraving, or attachment 
  1.16  and removal, of identification required in subdivision 3 for 
  1.17  beer kegs.  The standards are not subject to sections 14.05 to 
  1.18  14.69.  
  1.19     Subd. 3.  [IDENTIFICATION REQUIRED.] An off-sale retailer 
  1.20  may not sell a beer keg unless the keg has attached or engraved 
  1.21  an identification consisting of (1) a keg identification number 
  1.22  assigned or approved by the commissioner, and (2) the retailer's 
  1.23  name and address or a retailer identifying number assigned or 
  1.24  approved by the commissioner. 
  1.25     Subd. 4.  [RETAILERS TO KEEP RECORDS.] (a) An off-sale 
  1.26  retailer who sells a beer keg must at the time of the sale 
  1.27  record (1) the purchaser's name, address, and driver's license 
  2.1   or social security number, (2) the date and time of the 
  2.2   purchase, and (3) the keg identification number required under 
  2.3   subdivision 3.  The record must be entered in a book or register 
  2.4   kept for that purpose.  The retailer must retain the book or 
  2.5   register for not less than 90 days after the date of the last 
  2.6   sale recorded in it. 
  2.7      (b) A retailer who sells a beer keg on the condition that 
  2.8   the keg will be returned to the retailer after use by the 
  2.9   purchaser must require a deposit of not less than $50, 
  2.10  refundable on return of the keg to the retailer with no removal, 
  2.11  defacement, or erasure of any part of the identification 
  2.12  required under subdivision 3.  This deposit is in addition to 
  2.13  (1) the purchase price of the keg, and (2) any deposit the 
  2.14  retailer requires for return of the keg to the retailer. 
  2.15     Subd. 5.  [ACCESS TO RECORDS.] A retailer required to keep 
  2.16  a book or register under subdivision 4 must make the book or 
  2.17  register available during regular business hours for inspection 
  2.18  by a peace officer, the commissioner, or an agent of the 
  2.19  commissioner. 
  2.20     Subd. 6.  [VIOLATIONS.] (a) A person required to record 
  2.21  information under subdivision 4 may not make a materially false 
  2.22  entry in the book or register required under subdivision 4.  In 
  2.23  a prosecution under this subdivision it is a defense for the 
  2.24  defendant to prove by a preponderance of the evidence that the 
  2.25  defendant reasonably and in good faith relied upon the 
  2.26  identification provided by the purchaser of a beer keg. 
  2.27     (b) A person required to record information under 
  2.28  subdivision 4 may not make a materially false statement to a 
  2.29  peace officer, the commissioner, or an agent of the commissioner 
  2.30  concerning information required to be recorded under subdivision 
  2.31  4. 
  2.32     (c) No person other than a wholesaler or retailer licensed 
  2.33  or authorized under this chapter to sell malt liquor may possess 
  2.34  a beer keg which does not bear the identification required under 
  2.35  subdivision 3. 
  2.36     Subd. 7.  [PENALTIES.] A violation of this section is a 
  3.1   gross misdemeanor.