3-5-227. Registration of beer kegs for off-premises consumption.

3-5-227. Registration of beer kegs for off-premises consumption. (a) As used in this section: (1) “Beer” means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight; (2) “Keg” means a vessel which has a liquid capacity of more than five gallons (5 gals.); (3) “Malt beverage” means any liquor brewed from the fermented juices of grain and having an alcoholic content of no less than five percent (5%) nor more than twenty-one percent (21%) by weight; and (4) “Off-premises” means a place other than the licensed retailer's place of business. (b) All retail dealers that sell a keg of beer or malt beverage for off-premises consumption are required to attach an identification label or tag approved by the Alcoholic Beverage Control Division to the keg prior to the sale. (c)(1) The identification label or tag approved by the Alcoholic Beverage Control Division shall consist of paper within a clear protective coating made of plastic, metal, or another durable material that is not easily damaged or destroyed. (2) The paper shall be of a kind to allow the required information to be copied and retained by the retail dealer. (3) Identification labels used may contain a nonpermanent adhesive material in order to apply the label directly to an outside surface of a keg at the time of sale. (4) Identification tags shall be attached to the 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 attaching the tag to the keg. (5) The identification label or tag shall be designed so that when affixed to a keg, the label or tag will not mar or otherwise physically damage the keg. (6) The identification label or tag shall include: (A) The name and address of the retail dealer; (B) The name of the purchaser; and (C) An individual identification number assigned by the retail dealer that uniquely identifies the keg. (7) Each identification label or tag shall be perforated and of a composition that consistently allows for the full removal of the tag when common external keg cleaning procedures are performed at retail. (d)(1) Before the retail sale of a keg of beer or malt beverage for off-premises consumption, the retail dealer shall require the purchaser to sign a statement promulgated by the Director of the Alcoholic Beverage Control Division attesting under the penalty of perjury: (A) To the accuracy of the purchaser's name as shown on the identification label or tag; (B) That the purchaser is aware that giving, procuring, or otherwise furnishing an alcoholic beverage to a person under twenty-one (21) years of age is a criminal offense as provided in §§ 3-3-201 and 3-3-202; and (C) That the purchaser will not allow any person under twenty-one (21) years of age to consume any of the beer or malt beverage in the keg. (2) The retail dealer shall also record the following: (A) The name and address of the purchaser; (B) The identification card or driver's license number from the purchaser's acceptable documentation of age; (C) The amount of the container deposit of not less than seventy-five dollars ($75.00); (D) The date and time of the purchase; and (E) The keg identification number required under subsection (c) of this section. (e)(1) All records and statements required under this section shall be maintained by the retail dealer for a period of ninety (90) days from the date of the return of the keg. (2) The records and statements shall remain open to inspection by authorized agents of the Alcoholic Beverage Control Enforcement Division and law enforcement officers during the retail dealer's normal business hours. (f)(1) The retail dealer shall notify the Director of the Alcoholic Beverage Control Enforcement Division on forms promulgated by the Alcoholic Beverage Control Division within ten (10) days of the forfeiture of a container deposit by a purchaser. (2) The notification form shall consist of: (A) The name and address of the retail dealer; (B) The name and address of the purchaser; (C) The retail dealer's beer permit or license number; (D) A fee of twenty-five dollars ($25.00) remitted to the Alcoholic Beverage Control Division; and (E) A statement indicating the reason for forfeiture of the container deposit by the purchaser, including, but not limited to, the following reasons: (i) The keg was not returned; (ii) The keg was returned more than one hundred twenty (120) days after purchase; (iii) The identification label or tag was removed; or (iv) The identification label or tag was damaged. (3) Any retail dealer that fails to notify the Director of the Alcoholic Beverage Control Enforcement Division within ten (10) days of the forfeiture of a container deposit by a purchaser is guilty of: (A) A violation of this subchapter; and (B) A Class B violation, as provided in § 3-4-402, against the retailer's permit. (g)(1) No person other than the retail dealer, a licensed wholesaler, or an agent of the Alcoholic Beverage Control Enforcement Division may knowingly remove an identification label or tag placed on a keg. (2) Any person other than the retail dealer, licensed wholesaler, or an agent of the Alcoholic Beverage Control Enforcement Division that is knowingly in possession of a keg without an identification label or tag or knowingly removes or damages an identification label or tag is guilty of a violation of this subchapter. (h)(1) The Director of the Alcoholic Beverage Control Division may promulgate rules and prescribe forms for the proper enforcement of this section, including an approved identification label or tag for use under this section. (2) The Alcoholic Beverage Control Division shall seek the input of licensed brewers and licensed beer importers in developing the label or tag.