123.138 - BOOKS OF ACCOUNT REQUIRED -- KEG IDENTIFICATION STICKER.
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 records 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 account and records showing each
purchase of beer made 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 permittee who sells beer
for off-premises consumption shall affix to each keg of beer an
identification sticker provided by the administrator. The sticker
provided shall allow for its full removal 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 enforcement 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 statement: "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 licensee or permittee shall purchase the stickers
referred to in this subsection from the division and shall remit to
the division deposits forfeited pursuant to this lettered paragraph
due to defacement. 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 regarding keg
registration or the sale of beer in kegs. In addition, a county or
municipality 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". Section History: Early Form
[C35, § 1921-f120; C39, § 1921.122; C46, 50, 54, 58, 62, 66,
71, § 124.27; C73, 75, 77, 79, 81, § 123.138] Section History: Recent Form
88 Acts, ch 1241, § 21; 89 Acts, ch 221, § 9; 2007 Acts, ch 46, §2
Referred to in § 123.50