S 0444 General Bill, By Glover, Ford, Giese, Jackson and Washington
 A Bill to amend Article 1, Chapter 9, Title 61, Code of Laws of South
 Carolina, 1976, by adding Section 61-9-190 so as to require a retailer to
 affix a metal or plastic identification tag to each beer keg that is sold,
 rented, or leased and record the identification number along with the
 purchaser's name, address, phone number, and driver's license number.

   02/01/95  Senate Introduced and read first time SJ-5
   02/01/95  Senate Referred to Committee on Judiciary SJ-5

A BILL

TO AMEND ARTICLE 1, CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-190 SO AS TO REQUIRE A RETAILER TO AFFIX A METAL OR PLASTIC IDENTIFICATION TAG TO EACH BEER KEG THAT IS SOLD, RENTED, OR LEASED AND RECORD THE IDENTIFICATION NUMBER ALONG WITH THE PURCHASER'S NAME, ADDRESS, PHONE NUMBER, AND DRIVER'S LICENSE NUMBER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 9, Title 61 of the 1976 Code is amended by adding:

"Section 61-9-190. (A)(1) A `keg of beer' or `keg beer' is defined as any brewery-sealed, individual container of beer having a liquid capacity of seven gallons or more.

(2) An `identification tag' is defined as a metal or plastic band prescribed with a retailer identification number and supplied by the Department of Revenue.

(B) Retailers licensed to sell beer for consumption off of the licensed premises shall place an identification tag on a keg of beer at the time of sale. A deposit of fifty dollars shall be required for each keg of beer sold with an identification tag. The retailer shall remit two dollars of the fifty dollar deposit to the county general fund in the county in which the sale is made to fund programs for the intervention, treatment, and rehabilitation of persons addicted to alcohol and drugs. In addition, the retailer shall record on a receipt, signed and dated by the purchaser, the retailer identification number and the purchaser's name, address, phone number, and drivers' license number, or equivalent form of identification. The receipt forms shall be provided to the retailer by the Department of Revenue. The licensee shall retain a copy of each sales receipt for a period of three months (90 days) following the date of sale, and all receipts shall be available for inspection and copying by the department or other authorized law enforcement agency. A retailer shall not return any deposit upon the return of any keg that does not have the requisite identification tag affixed to the keg.

(C) Any licensee selling keg beer for off premise consumption who fails to comply with the registration and receipt requirements set forth in subsection (B) shall be subject to disciplinary action pursuant to this chapter.

(D) Any purchaser of keg beer who knowingly provides false information to the retailer in satisfaction of the registration requirements set forth in subsection (A) is guilty of a misdemeanor.

(E) The Department of Revenue shall provide the necessary receipt forms and identification tags to the retailer at a fee not to exceed the actual cost of supplying these items."

SECTION 2. This act takes effect upon approval by the Governor.