2002-04-24 CC Packet - Laserfiche WebLink

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- J' Keg registration effective Aug. 1 Frank Ball, Dept. of Public Sofety,Alwhol & Gambling Enforcement Division The 2002 legislative session enacted into law, effective Aug. 1, 2002, a law providing that all keg beer sold at licensed off-sale retail establishments in Minuesota must bear an identification label or tag with a registration number. The intent of the bill is to provide state and local law enforcement authorities the ability to track the sale of keg beer, thereby providing a mechanism to enfurce laws applicable to the illegal provision of alcoholic beverages. The bill provides that licensed off-sale retailers, at the time of sale of keg beer, are responsible fur affixing a generic identification label or tag to the keg. The label or tag must contain the off ...ale retailer's name, address, telephone number, and a unique keg registration number assigned by the retailer. At the time of sale of keg beer sold to consumers by licensed off-sale retailers, retailers shall record: The number of the purchaser's driver's license, Minnesota lD card, military ill or valid U.S. or foreign passport; . The date and time of the purchase; . The purchaser's signature; and, . The unique keg number assigned to the keg by the retailer as required by this new law. The retailer is required to keep these keg registration records at the retai11icensed premises for a minimwn of 90 days. Additionally, licensed off- sale retailers mnst make these records available for inspection by a licensed peace officer, the conunissioner or an agent of the commissioner. The new law also provides that the identification label or tag affixed to each keg of beer sold at retail shall consist of material made from paper, plastic, metal, or other durable material that is not easily damaged or destroyed. The label or tag must be attached to the keg of beer by nylon ties or cording, wire ties, other metal devices or another durable means of tying or attaching. Labels may also be attached with some type of non-permanent adhesive. The label or tag must also inclnde a warning that removal or defacement of the label or tag is a criminal offense. Licensed off-sale retailers selling keg beer with the required label or tag are responsible fur removing completely and thoroughly the label or tag whim the keg is returned to the retailer by the consumer. After removal, the identification tag or label must then be kept on file on the retaillieensed premises for the 9O-day period. Questions have been raised regarding whether wholesaler suppli- ers may provide the keg registration materials to the retailer. Our initial response to that question is no, because the labels, tags, and record keeping materials are being interpreted as items of value and may very well violate cooperative advertising laws prohib- ited under M. S. Chapter 340A.308. These questions are being studied by our legal advisors as of this date, and further advisories may be furthcoming. Retailers should keep in mind that retailers are responsible for the keg registration labels, tags, and recordkeeping requirements of the new law. Retailers shall not sell keg beer on or after Aug. 1, 2002. that does not bear the mandatory keg registration label or tag. Consumer purchase records and keg registration label or tag information must be maintained on the licensed premises for a minium of 90 days. For more Information A copy of the full text of the keg registration law may be obtained by accessing the Dept. of Public Safety's web site (www.dps.state.mn.us) or by calling (651) 215-6209. Should you have further technical questions regarding keg registration, call (651) 296-6430. .. Continued from page 1 toward a compromise. Senate mem- bers also expressed concern that the House offer would leave the state with very little bndget reserve and a large hole in the 2004-05 budget. Rep. Krinkie (R-Shoreview) re- sponded by suggesting the House could increase the permanent spend- ing cnts in its plan rather than relying on the Senate's proposed increases in taxes. On a positive note, neither the House nor the Senate offers currendy contain any cnts in local government aid (LGA) nor in the market home- stead credit reimbursement. However, most of the Senate tax provisions appear to have been dropped by both the House and Senate. These dropped provisions appear to include the new LGA increase fur small cities, the appropriation of $10 million forTIF grants, the local sales tax authority for half a dozen individual cities, and modifications to levy limits that would have provided a marginal increase in levy authoriry in 2003. One provision that appears to still be alive would provide a new "pipe- line aid" to are~ of the state where the 2001 property tax class rate changes for certain public utility property dramatically reduced the available tax base. This aid would most notably help counties in Northwest Minnesota that experienced large tax shifts to homes and farms this year. The committee will apparendy reconvene Tuesday morning to consider another round of offers. .. April 17,2002 Page 3