§ 64 - Sale of malt beverages in kegs
§ 64. Sale of malt beverages in kegs
(a) As used in this section, "keg" means a reusable container capable of holding at least five gallons of malt beverage.
(b) A keg shall be sold by a second class licensee only under the following conditions:
(1) The keg shall be tagged in a manner and with a label approved by the board. The label shall be supplied and securely affixed to the keg by the wholesale dealer.
(2) A person shall exhibit proper proof of identification upon demand of a licensee or an agent of a licensee. If the person fails to provide such proof of identification, the licensee shall be entitled to refuse to sell the keg to the person. As used in this subsection, "proper proof of identification" means a photographic motor vehicle operator's license, a liquor control photographic identification card, a valid passport, a United States military identification card or a photographic nondriver motor vehicle identification card obtained from the department of motor vehicles.
(3) The purchaser shall complete a form, provided by the board, which includes at least the name, address and date of birth of the purchaser as they appear on the purchaser's proper proof of identification and the identification number of the keg. The form shall also include the provisions of this section and the penalties for violation of these provisions. The licensee shall retain the form for 90 days after return of the keg.
(4) The licensee shall collect a deposit of $25.00 which shall be returned to the purchaser upon return of the keg with the label intact.
(c) A licensee shall not:
(1) sell a keg without a legible label attached;
(2) return a deposit on a keg which is returned without the label intact.
(d) Any person, other than the wholesaler, who intentionally removes or defaces the label attached to a keg shall be imprisoned not more than two years or fined not more than $1,000.00, or both. (Added 1991, No. 255 (Adj. Sess.), § 1; amended 1997, No. 117 (Adj. Sess.), § 4.)