HOUSE BILL No. 6083


     November 9, 2000, Introduced by Reps. Caul, Ehardt, Howell, Ruth Johnson, Rocca, Stamas, Jansen and DeVuyst and referred
to the Committee on Regulatory Reform.


        A bill to amend 1998 PA 58, entitled

   "Michigan liquor control code of 1998,"

   (MCL 436.1101 to 436.2303) by adding section 1012.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 1012.  (1) A RETAILER SELLING BEER IN A KEG SHALL DO

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      ALL OF THE FOLLOWING:

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           (A) ATTACH AN IDENTIFICATION TAG ON THE KEG BEFORE OR AT THE

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      TIME OF THE SALE OF THE BEER.

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           (B) REQUIRE THE PURCHASER OF THE BEER TO COMPLETE AND SIGN A

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      RECEIPT SUPPLIED BY THE COMMISSION UNDER SUBSECTION (2) AFTER

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      PRESENTATION OF A DRIVER LICENSE OR STATE OF MICHIGAN IDENTIFICA-

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      TION CARD.  IF THE PURCHASER OF THE BEER DOES NOT POSSESS A

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      DRIVER LICENSE OR STATE OF MICHIGAN IDENTIFICATION CARD, THE

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      RETAILER SHALL NOT SELL BEER IN A KEG TO THE CUSTOMER.




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           (C) REFUSE TO ACCEPT THE RETURN OF THE KEG AND REFUSE TO

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      RETURN THE KEG DEPOSIT IF THE IDENTIFICATION TAG IS NOT ATTACHED

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      WHEN RETURNED.

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           (2) UPON REQUEST, THE COMMISSION SHALL SUPPLY TO RETAILERS

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      THE RECEIPT DESCRIBED IN SUBSECTION (1) FOR USE IN THE SALE OF

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      BEER BY THE KEG.  THE RECEIPT SHALL CONTAIN AT LEAST A PLACE FOR

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      THE PRINTED NAME, ADDRESS, TELEPHONE NUMBER, DRIVER LICENSE OR

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      MICHIGAN IDENTIFICATION CARD NUMBER OF THE PURCHASER OF THE BEER,

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      AND THE BEER KEG TAG NUMBER.  THE PURCHASER OF THE BEER SHALL

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      SIGN THE RECEIPT.  THE RETAILER SHALL NOT SELL BEER IN A KEG

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      UNLESS THE RECEIPT IS COMPLETED AND ACCOMPANIED BY THE SIGNATURE

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      OF THE PURCHASER.  A NOTICE SHALL BE PRINTED ON THE RECEIPT IN

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      BOLDFACED TYPE THE SAME SIZE AS THE TYPE USED ON OTHER PARTS OF

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      THE RECEIPT STATING BOTH OF THE FOLLOWING:

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           (A) THAT THE RETAILER WILL NOT ACCEPT RETURN OF THE KEG AND

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      WILL NOT RETURN THE KEG DEPOSIT TO THE PURCHASER OF THE BEER IF

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      THE TAG IS NOT ATTACHED TO THE KEG UPON ITS RETURN.

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           (B) THAT THE INDIVIDUAL SIGNING THE RECEIPT DOES SO WITH THE

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      UNDERSTANDING THAT HE OR SHE AGREES NOT TO DAMAGE THE KEG AND NOT

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      TO REMOVE OR ALTER THE ATTACHED TAG.

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           (3) THE COMMISSION SHALL MAKE IDENTIFICATION TAGS AVAILABLE

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      TO RETAILERS SELLING BEER IN A KEG.  UPON REQUEST, THE COMMISSION

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      SHALL DISTRIBUTE AND MAKE AVAILABLE THE TAGS IN NUMBERED LOTS TO

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      RETAILERS SELLING BEER IN KEGS.

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           (4) BY PROMULGATION OF A RULE, THE COMMISSION MAY SET THE

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      AMOUNT OF THE KEG DEPOSIT TO BE CHARGED BY RETAILERS TO THE

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      CUSTOMER.



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           (5) A RETAILER SELLING BEER IN A KEG SHALL RETAIN A COPY OF

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      THE RECEIPT DESCRIBED IN SUBSECTION (2) FOR NOT LESS THAN 90 DAYS

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      AND SHALL MAKE THOSE COPIES AVAILABLE FOR INSPECTION BY THE COM-

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      MISSION AND LAW ENFORCEMENT AGENCIES.

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           (6) NOTWITHSTANDING SECTION 909, A PERSON VIOLATING THIS

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      SECTION UNDER THE FOLLOWING CIRCUMSTANCES IS SUBJECT TO THE FOL-

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      LOWING APPLICABLE SANCTIONS:

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           (A) A RETAILER WHO HAS FAILED TO ATTACH AN IDENTIFICATION

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      TAG DESCRIBED IN SUBSECTION (3) ON A KEG, FAILED TO COMPLETE THE

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      RECEIPT PROVIDED BY THE COMMISSION, OR FAILED TO OBTAIN THE

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      PURCHASER'S SIGNATURE ON THE RECEIPT IS LIABLE FOR AN ADMINISTRA-

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      TIVE FINE OF NOT MORE THAN $1,000.00.

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           (B) A PERSON NOT A RETAILER OR A WHOLESALER LICENSED BY THE

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      COMMISSION WHO HAS POSSESSED A KEG THAT DOES NOT HAVE ATTACHED TO

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      IT AN IDENTIFICATION TAG OR WHO HAS PROVIDED FALSE INFORMATION IN

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      THE PURCHASE OF BEER IN A KEG, OR BOTH, IS GUILTY OF A MISDE-

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      MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS, A

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      FINE OF NOT MORE THAN $1,000.00, OR BOTH.

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           (7) THIS SECTION REQUIRES THE ATTACHING OF A TAG TO A BEER

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      KEG SOLD AT RETAIL FOR USE BY A MEMBER OF THE GENERAL PUBLIC AND

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      DOES NOT REQUIRE A RETAILER OR LICENSEE TO ATTACH A TAG TO A KEG

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      THAT IS BEING USED FOR ON-PREMISE CONSUMPTION ONLY, BEING STORED,

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      OR BEING TRANSPORTED.

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           (8) THIS SECTION DOES NOT PROHIBIT A COMMISSION AGENT OR A

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      LAW ENFORCEMENT AGENT FROM RETURNING AN UNTAGGED KEG AND RECEIV-

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      ING THE KEG DEPOSIT.





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           (9) A LOCAL UNIT OF GOVERNMENT SHALL NOT ENACT AN ORDINANCE

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      THAT CONFLICTS WITH THIS SECTION.  IT IS THE INTENT OF THE

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      LEGISLATURE THAT THIS SECTION PREEMPT ANY ORDINANCE ENACTED IN

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      CONTRAVENTION OF THIS SECTION.  THE REMEDIES IN THIS SECTION ARE

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      CUMULATIVE, AND THE BRINGING OF A CRIMINAL ACTION DOES NOT PRO-

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      HIBIT THE BRINGING OF A CIVIL OR ADMINISTRATIVE ACTION AS PRO-

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      VIDED BY LAW.

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           (10) AS USED IN THIS SECTION, "KEG" MEANS ANY BREWERY-SEALED

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      INDIVIDUAL CONTAINER HAVING LIQUID CAPACITY OF 5 GALLONS OR MORE.






































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