SECTION 45:20-3-15. Beer keg sales records and identification tags

(a)   Every licensed Retail Spirit, Retail Beer, Small Brewer, and Brewpub store shall affix an identification seal on every beer keg sold. The identification seal shall be placed on the beer keg so that it does not conceal any information pertaining to the brand name, brewery code or container size. The identification seal shall be made of a durable material not easily removed or destroyed. The identification seal may be affixed with a nonpermanent waterproof adhesive material in order to apply the seal directly to the outside surface of the beer keg at the time of sale.

(b)   The identification seal shall be durable and waterproof of a type approved by the ABLE Commission. The identification seal shall be attached at the time of sale and shall include the following information:

(1)   The licensed Retail Spirit, Retail Beer, Small Brewer or Brewpub store's name, complete address, retail license number, and telephone number;

(2)   The unique beer keg number assigned by the licensee; and

(3)   A warning that intentional removal or defacement of the label is a misdemeanor subject to a Five Hundred Dollars $500.00) fine.

(c)   No person other that an employee of the licensed Retail Spirit, Retail Beer, Small Brewer or Brewpub store that sold the beer keg, a licensed Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, a law enforcement officer or an agent of the Commission may remove a seal placed on a beer keg in compliance with this rule. The licensed Retail Spirit, Retail Beer, Small Brewer or Brewpub store that sold the beer keg shall:

(1)   Be responsible for the complete and thorough removal of the identification seal and any adhesive residue when the beer keg is returned to the Retail Spirits, Retail Beer, Small Brewer or Brewpub store;

(2)   The beer keg seal identification number shall be kept on file by the licensed Retail Spirit, Retail Beer, Small Brewer or Brewpub store for not less than one (1) year from the date of the return.

(d)   The Retail Spirit, Retail Beer, Small Brewer, or Brewpub store selling the beer keg shall maintain a record of all beer keg purchases. The record shall be retained for not less than one (1) year after the date of the sale. The record shall be made available for inspection during regular business hours by any law enforcement officer or agent of the ABLE Commission. The Retail Spirit, Retail Beer, Small Brewer or Brewpub store shall not knowingly make a materially false entry in the record required by this section. The records required for each beer keg sale shall include the following information:

(1)   The purchaser's name and address;

(2)   The driver's license number or identification card issued by the Department of Public Safety, a military identification card number, or the number from a valid United States or foreign passport;

(3)   The date and time of purchase;

(4)   The unique keg identification seal number; and

(5)   The purchaser's signature.

(e)   Any beer keg sold shall be returned not later than one (1) year from the date of the purchase to the Retail Spirit, Retail Beer, Small Brewer or Brewpub store from which it was purchased. The package store selling the beer keg shall warn the purchaser at the time of the sale that a failure to return the beer keg within one (1) year, or the return of the keg with a missing or damaged identification seal, is subject to a fine of Five Hundred Dollars ($500.00). The Retail Spirit, Retail Beer, Small Brewer or Brewpub store shall also warn the purchaser that if the beer keg is stolen, the purchaser will be subject to the Five Hundred Dollars ($500.00) fine unless the theft is reported to law enforcement authorities within twenty-four (24) hours of the discovery of the theft. Any Retail Spirit, Retail Beer, Small Brewer or Brewpub store that fails to report that a beer keg was not returned within one (1) year of the date of the purchase, or which was returned with a missing or damaged identification seal shall be guilty of a misdemeanor and shall be subject to fines of not less than Five Hundred Dollars ($500.00) for the first and second offenses. A third violation by a licensed Retail Spirit, Retail Beer, Small Brewer or Brewpub store shall result in the revocation of the Retail Spirit, Retail Beer, Small Brewer or Brewpub store's license for up to one (1) year.

[Source: Added at 21 Ok Reg 1185, eff 5-27-04; Amended at 35 Ok Reg 827, eff 10-1-18]