§ 64. Sale of malt beverages and vinous beverages in kegs

(a) A keg shall be sold by a second-class or fourth-class licensee only under the following conditions:

(1) The keg shall be tagged in a manner and with a label approved by the Board of Liquor and Lottery. The label shall be supplied and securely affixed to the keg by the wholesale dealer, or in the case of a second-class license issued for the premises of a licensed manufacturer or a fourth-class licensee, by the manufacturer.

(2) A purchaser shall exhibit a valid authorized form of identification upon demand of a licensee or an agent of a licensee. If the purchaser fails to provide a valid authorized form of identification, the licensee shall be entitled to refuse to sell the keg to the individual. As used in this subsection, "a valid authorized form of identification" has the same meaning as in section 589 of this title.

(3) The purchaser shall complete a form, provided by the Board, that includes at least the name, address, and date of birth of the purchaser as they appear on the purchaser's valid authorized form of identification and the identification number of the keg. The form shall also include the provisions of this section and the penalties for a violation of this section. The licensee shall retain the form for 90 days after return of the keg.

(4) The licensee shall collect a deposit of at least $25.00, which shall be returned to the purchaser upon return of the keg with the label intact.

(b) A licensee shall not:

(1) sell a keg without a legible label attached; or

(2) return a deposit on a keg that is returned without the label intact.

(c) Any person, other than a wholesale dealer or manufacturer, who intentionally removes or defaces the label attached to a keg shall be fined not more than $1,000.00. (Added 1991, No. 255 (Adj. Sess.), § 1; amended 1997, No. 117 (Adj. Sess.), § 4; 2009, No. 102 (Adj. Sess.), § 2, eff. May 11, 2010; 2017, No. 83, § 9; 2018, No. 1 (Sp. Sess.), § 6; 2019, No. 73, § 3.)