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.
History: Add. 2010, Act 344, Imd. Eff. Dec. 21, 2010
Last modified: October 10, 2016