311.082. Labeling of kegs sold at retail for off-premise consumption, procedures.
Labeling of kegs sold at retail for off-premise consumption,procedures.
311.082. 1. As used in this section, the following terms shall mean:
(1) "Keg", any container capable of holding four gallons or more ofbeer, wine, or intoxicating liquor and which is designed to dispense beer,wine, or intoxicating liquor directly from the container for purposes ofconsumption. Any nonreturnable container with a capacity of less than sixgallons shall not be considered a keg under this section;
(2) "Supervisor of alcohol and tobacco control", the person appointedpursuant to section 311.610.
2. Each keg sold at retail for off-premise consumption shall belabeled with a numbered identification tag. The division of alcohol andtobacco control may prescribe the numbered identification tags to be usedfor this purpose. The recyclable numbered identification tag shall beaffixed to the handle on the top chime of the keg. The recyclable numberedidentification tag shall be supplied by the division of alcohol and tobaccocontrol without fee and securely affixed to the keg by the licensee makingthe sale.
3. Each retail licensee shall require each keg purchaser to presentvalid identification and a minimum deposit of fifty dollars per keg at thetime of purchase. On the identification form provided by the division ofalcohol and tobacco control the licensee shall record for each keg sale thedate of sale, the size of keg, keg tag identification number, the amount ofcontainer deposit, the name, address, and date of birth of the purchaser,and the form of identification presented by such purchaser. The purchasershall sign a statement at the time of purchase attesting to the accuracy ofthe purchaser's name and address and acknowledging that misuse of the kegor its contents may result in civil liability, criminal prosecution, orboth. The licensee shall retain the identification form for a minimum ofthree months following the sale of the keg.
4. The licensee shall not refund a deposit for a keg that is returnedwithout the numbered identification tag intact and legible. The licenseeshall record the date of return of the keg and the condition of thenumbered identification tag on the identification form required pursuant tosubsection 3 of this section. The licensee may retain any deposit notrefunded for this reason. Upon the return of a properly tagged keg from aconsumer, the licensee shall remove the tag from the keg and retain suchtag with the identification form as required pursuant to subsection 3 ofthis section.
5. The supervisor shall promulgate rules and regulations for theadministration of this section and shall design all necessary forms. Norule, regulation, or portion of a rule or regulation promulgated pursuantto the authority of this section shall become effective unless it has beenpromulgated pursuant to chapter 536, RSMo.
6. The provisions of this section shall become effective on July 1,2004.
7. This section shall fully preempt and supersede any ordinances,rules, or regulations made by any city, county, or other politicalsubdivision of the state of Missouri which regulate the selling, labeling,or registering of kegs. This section shall not impose any new oradditional civil or criminal liability upon the retail licensee.
(L. 2003 S.B. 298 § 1, A.L. 2005 S.B. 262)