135.01    PURPOSE.  The identification of purchasers/providers of keg alcoholic beverage for consumption by underage persons is a major law enforcement concern in Marion, Iowa.  When keg alcohol is found where underage persons are present, it is necessary to readily identify those responsible.  The investigation of crimes involving the furnishing of alcohol to minors and related crimes involving keg alcoholic beverages is inhibited by the inability to identify who purchased the keg alcohol.  Registration identification information must be available on all keg alcohol beverage in Marion, Iowa.  Individual identification number, purchaser and retail seller identity information will better enable law enforcement to identify providers of keg alcoholic beverages to underage persons.  Therefore, it is in the public interest to place reasonable keg registration/identification rules as hereinafter set forth.

135.02    REGISTRATION AND RETURN PROCEDURE.  All retail sales/purchases of alcoholic beverage by keg container of 2 gallon volume or more in Marion, Iowa, for off-site (at a location which does not hold a liquor license) consumption must comply with the following registration, documentation and labeling requirements and restrictions:

1.         Purchasers shall provide a current government issued photo identification with the purchaser's name, address, and individual identification number to the seller who shall, then, record and document that information in a log. The log shall also contain the individual keg identification assigned to the keg by the seller, and include the date of sale and indicate that the photo identification that was produced was matched to the purchaser. The log shall also contain some identifier of each person, owner/employee who sold to each purchaser. This information shall be kept by the seller for a minimum period of six months from the date of sale.

2.         Sellers shall assign, record and attach to each retail keg sold for off-site consumption an individual keg identification label /sticker, at or before the time of sale to the purchaser, and the label/sticker shall also include a prominent warning thereon that it is illegal to alter, damage or remove the label/sticker from the keg.

3.         Sellers of keg alcohol shall obtain the individual keg identification labels/stickers from the Marion Police Department which shall record to whom the labels/stickers are distributed and shall restrict the distribution of the labels/stickers to licensed alcoholic beverage retailers. The Police Department shall keep the record of distribution for one year.

4.         Sellers shall collect a deposit in an amount set by the retailer for each keg. Purchasers shall return kegs to the retail seller where they were purchased with the individual keg identification label/sticker attached, intact and legible on or before sixty (60) days from the date of sale or the deposit shall be forfeited.

5.         Sellers shall record the date on which the keg is returned, who returned the keg and indicate whether the keg identification label/sticker is present or absent by notation on the log.

6.         Sellers shall remove the individual keg identification label/sticker from the kegs when they are returned. The old labels/stickers are to be destroyed.

7.         Sellers shall produce keg registration logs/records to law enforcement upon request. A law enforcement request for records shall be prospective only. A request shall only be honored for records 12 hours old or older.

8.         This chapter does not apply to keg sales to liquor license permittees.