Minnesota Session Laws - 2002, Regular Session

                             CHAPTER 232-H.F.No. 58 
                  An act relating to alcoholic beverages; prescribing 
                  standards for identification of beer kegs; requiring 
                  retailers of beer to maintain records of sale of beer 
                  kegs and to record the identification number of each 
                  beer keg sold; prescribing penalties; proposing coding 
                  for new law in Minnesota Statutes, chapter 340A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [340A.513] [SALE OF BEER KEGS.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this section:
           (a) "Beer keg" means any brewery-sealed, single container 
        that contains not less than seven gallons of malt liquor. 
           (b) "Off-sale retailer" means a holder of a license under 
        this chapter to sell alcoholic beverages at off-sale or a 
        municipal liquor store. 
           Subd. 2.  [STANDARDS.] No off-sale retailer shall sell beer 
        kegs unless that retailer affixes an identification label or tag 
        to each beer keg.  An identification label or tag shall consist 
        of paper, plastic, metal, or another durable material that is 
        not easily damaged or destroyed.  Identification labels used may 
        contain a nonpermanent adhesive material in order to apply the 
        label directly to an outside surface of a beer keg at the time 
        of sale.  Identification tags shall be attached to beer kegs at 
        the time of sale with nylon ties or cording, wire ties or other 
        metal attachment devices, or another durable means of tying or 
        attachment of the tag to the beer keg.  The identification 
        information contained on the label or tag shall include the 
        licensed off-sale retailer's name, address, and telephone 
        number; a unique beer keg number assigned by the retailer; and a 
        prominently visible warning that intentional removal or 
        defacement of the label or tag is a criminal offense.  Upon 
        return of a beer keg to the off-sale retailer that sold the beer 
        keg and attached the identification label or tag, the off-sale 
        retailer shall be responsible for the complete and thorough 
        removal of the entire identification label or tag, and any 
        adhesive or attachment devices of the label or tag.  The 
        identification label or tag must be kept on file with the 
        retailer for not less than 90 days from the date of return.  
           Subd. 3.  [IDENTIFICATION REQUIRED.] An off-sale retailer 
        may not sell a beer keg unless the beer keg has attached an 
        identification label or tag complying with the standards 
        established under subdivision 2. 
           Subd. 4.  [RETAILERS TO KEEP RECORDS.] (a) An off-sale 
        retailer who sells a beer keg must at the time of the sale 
        record: 
           (1) the number of the purchaser's driver's license, 
        Minnesota identification card, military identification card, or 
        valid United States or foreign passport; 
           (2) the date and time of the purchase; 
           (3) the beer keg identification number required under 
        subdivision 3; and 
           (4) the purchaser's signature. 
           (b) The record must be retained for not less than 90 days 
        after the date of the sale. 
           Subd. 5.  [ACCESS TO RECORDS.] An off-sale retailer 
        required to retain records under subdivision 4 must make the 
        records available during regular business hours for inspection 
        by a peace officer, the commissioner, or an agent of the 
        commissioner. 
           Subd. 6.  [VIOLATIONS.] (a) A person required to record 
        information under subdivision 4 may not knowingly make a 
        materially false entry in the book or register required under 
        subdivision 4.  In a prosecution under this subdivision, it is a 
        defense for the defendant to prove by a preponderance of the 
        evidence that the defendant reasonably and in good faith relied 
        upon the identification provided by the purchaser of a beer keg. 
           (b) No person other than an off-sale retailer, a licensed 
        wholesaler of malt beverages, a peace officer, the commissioner, 
        or an agent of the commissioner may intentionally remove 
        identification placed on a beer keg in compliance with 
        subdivision 3.  No person may intentionally deface or damage the 
        identification on a beer keg to make it unreadable. 
           Presented to the governor March 11, 2002 
           Signed by the governor March 13, 2002, 4:57 p.m.