SB-0470, As Passed Senate, December 15, 2010

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 470

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

(MCL 436.1101 to 436.2303) by adding section 1030.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1030. (1) A retailer selling beer in a keg shall do all

of the following:

     (a) Attach an identification tag, as prescribed by the

commission, on the keg before or at the time of the sale of the

beer.

     (b) Require the purchaser of the beer to complete and sign a

receipt as prescribed by the commission under subsection (2) after

presentation of a driver license or state of Michigan

identification card. If the purchaser of the beer does not possess

a driver license or state of Michigan identification card, the

retailer shall not sell beer in a keg to the customer.

     (c) Refuse to return the keg deposit if the identification tag

is not attached when returned.

     (d) Retain a keg deposit as specified in R 436.1629 of the

Michigan administrative code.

     (2) The commission shall prescribe the receipt described in

subsection (1) for use in the sale of beer by the keg. The receipt

shall contain at least a place for the printed name, address,

telephone number of the purchaser of the beer, the driver license

or state of Michigan identification number of the purchaser, and

the beer keg tag number. The purchaser of the beer shall sign the

receipt. The retailer shall not sell beer in a keg unless the

receipt is completed and accompanied by the signature of the

purchaser. A notice containing the information described in

subdivisions (a), (b), and (c) shall be printed on the receipt in

boldfaced type the same size as the type used on other parts of the

receipt. The notice shall state all of the following:

     (a) That the retailer will not return the keg deposit to the

purchaser of the beer if the tag is not attached to the keg upon

its return.

     (b) That the individual signing the receipt does so with the

understanding that he or she agrees not to damage the keg and not

to remove or alter the attached tag.

     (c) That the individual signing the receipt does so with the

understanding that he or she is subject to liability for serving

the beer to any minor.

     (3) The commission shall make identification tags available to

retailers selling beer in a keg. The identification tags shall be

of such size and materials as to make the identification tags

easily removable for the purpose of the cleaning and the reusing of

the keg by the owner of the keg. Upon request, the commission shall

distribute and make available the tags in numbered lots to

retailers selling beer in a keg.

     (4) Retailers selling beer in a keg shall retain a copy of the

receipt described in subsection (1) for not less than 30 days after

the date the keg was returned and shall make the copy available for

inspection by the commission and law enforcement agencies.

     (5) Notwithstanding section 909, a person violating this

section under the following circumstances is subject to the

applicable sanctions:

     (a) A retailer who has failed to apply an identification tag

on a keg, intentionally failed to complete the receipt as

prescribed by the commission, or failed to obtain the purchaser's

signature on the receipt is liable for an administrative fine of

not more than $50.00.

     (b) A person who is not a retailer or a wholesaler licensed by

the commission is guilty of a misdemeanor punishable by

imprisonment for not more than 93 days or a fine of not more than

$500.00, or both, for any of the following:

     (i) Removing an identification tag from a keg containing beer.

     (ii) Allowing the removal of an identification tag from a keg

of beer purchased by that individual.

     (iii) Providing false information in the purchase of beer in a

keg.

     (6) This section requires the attaching of a tag to a beer keg

sold at retail for use by a member of the general public and does

not require a retailer or licensee to attach a tag to a keg that is

being used for on-premises consumption only, being stored, being

transported, or being used by a caterer providing the catering

service.

     (7) This section does not prohibit a commission agent or a law

enforcement agent from returning an untagged keg and receiving the

keg deposit on behalf of the commission or the law enforcement

agency.

     (8) As used in this section, "keg" means any brewery-sealed

individual container having liquid capacity of 5 gallons or more.