16-3-321. Keg identification tag. (1) A licensee may not sell a keg of beer unless an identification tag is attached to the keg by the licensee.
(2) An identification tag must consist of paper, plastic, metal, or durable material that is not easily damaged or destroyed. An identification tag may be attached to a keg at the time of sale with a nylon tie or cording, wire tie or other metal attachment device, or other durable means of tying or attaching the tag to the keg.
(3) The identification information contained on the tag must include:
(a) the licensee's name, address, and telephone number; and
(b) a prominently visible warning that intentional removal or defacement of the tag is a criminal offense.
(4) A retailer that accepts the return of a keg that does not have an identification tag attached shall obtain the information required in 16-3-322 on the original purchaser, to the extent possible, and obtain the same information on the person returning the keg. This information must be kept on file with the retailer for not less than 45 days from the date of return.
(5) A person, other than the licensee, the wholesaler of malt beverages, or a law enforcement officer, may not intentionally remove identification placed on a keg in compliance with this section.
(6) For the purposes of 16-3-321 through 16-3-324, the following definitions apply:
(a) "Keg" means a brewery-sealed, single container that contains not less than 7 gallons of beer.
(b) "Licensee" means a person who is licensed under Title 16, chapter 4, and who sells kegs to a consumer.
(7) The department shall develop and make available the identification tags required by this section.
History: En. Sec. 1, Ch. 441, L. 2005.
Structure Montana Code Annotated
Title 16. Alcohol, Tobacco, and Marijuana
Chapter 3. Control of Liquor, Beer, and Wine
Part 3. Retail Sales Restrictions
16-3-301. Unlawful purchases, transfers, sales, or deliveries -- presumption of legal age
16-3-302. Sale by retailer for consumption on premises
16-3-303. Sale of beer by retailer for consumption off premises
16-3-304. Closing hours for licensed retail establishments
16-3-306. Proximity to churches and schools restricted
16-3-307. Sale of liquor at less than posted price unlawful
16-3-308. Refilling of liquor bottles prohibited
16-3-309. Sales prohibited by ordinance
16-3-310. Lapse of license for nonuse
16-3-311. Suitable premises for licensed retail establishments
16-3-313. Periodic government or tribal-issued identification data destruction
16-3-314. and 16-3-315 reserved
16-3-316. Fundraising events for nonprofit and tax-exempt organizations
16-3-317. through 16-3-320 reserved