HB-4565, As Passed House, April 23, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4565

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

(MCL 436.1101 to 436.2303) by adding section 1029.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1029. (1) A retailer selling beer in a keg shall do all

of the following:

     (a) Attach an identification tag or apply other means of

identification to 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 supplied by the commission, containing information

described in subsection (2)(a), (b), and (c), 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) Accept the return of the keg and refuse to return the keg

deposit if the keg identification is not attached or applied when

returned.

     (d) Retain a deposit equivalent to the deposit paid by the

retailer to its supplier or wholesaler as specified in R 436.1629

of the Michigan administrative code.

     (2) Upon request, the commission shall supply to retailers the

receipt described in subsection (1) for use in the sale of beer by

the keg. The receipt shall provide a space to enter the printed

name, address, telephone number, and driver license or state of

Michigan identification number of the purchaser of the beer, and

the identifying information from the beer keg. 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. The commission shall make available to

each retailer selling beer in kegs a notice to be posted stating

all of the following:

     (a) That the retailer will accept return of the keg and will

not return the keg deposit to the purchaser of the beer if the keg

identification is removed or altered.

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

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

not remove or alter the keg identification.

     (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 those copies available

for inspection by the commission and law enforcement agencies.

     (5) Notwithstanding section 909, a person intentionally

violating this section under the following circumstances is subject

to the applicable sanctions:

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

or other means of identification on a keg, failed to complete the

receipt provided 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, wholesaler, or supplier

licensed by the commission who has removed from a keg an

identification tag or other means of identification applied to the

keg, or who has provided false information in the purchase of beer

in a keg, or both, 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.

     (6) This section requires the attaching of a tag, or

application of any other means of identification acceptable to the

commission, 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 or apply any other means of identification to a keg

that is being used for on-premises consumption, storage, or

transportation for retail use.

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

enforcement agent from returning an untagged or unidentified keg

and receiving the keg deposit.

     (8) A local unit of government shall not enact an ordinance

that conflicts with this section. It is the intent of the

legislature that this section preempt any ordinance enacted in

contravention of this section. The remedies in this section are

cumulative, and the bringing of a criminal action does not prohibit

the bringing of a civil or administrative action as provided by

law.

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

individual container having liquid capacity of 6 gallons or more.