Okla. Stat. tit. 37A, § 37A-3-104: Beer kegs - Identification seals – Record keeping

required for sales - Violations – Penalties.

A. For purposes of this section:

1. "Beer keg" means any brewery-sealed, single container that

contains not less than four (4) gallons of beer;

2. "Licensed retailer" means a licensed package store; and

3. "Identification seal" means any device approved by the ABLE

Commission which is designed to be affixed to beer kegs and which

displays an identification number and any other information as may

be prescribed by the ABLE Commission.

B. No licensed retailer shall sell beer kegs unless that

retailer affixes an identification seal to each beer keg. An

identification seal shall consist of durable material as determined

by the ABLE Commission that is not easily removed or destroyed.

Identification seals used may contain a nonpermanent adhesive

material in order to apply the seal directly to an outside surface

of a beer keg at the time of sale. Identification seals shall be

attached to beer kegs at the time of sale as determined by the ABLE

Commission. The identification information contained on the seal

shall include the licensed retailer's name, address, beer license

number and telephone number; a unique beer keg number assigned by

the licensed retailer; and a prominently visible warning that

intentional removal or defacement of the seal is a misdemeanor.

Upon return of a beer keg to the licensed retailer that sold the

beer keg and attached the identification seal, the licensed retailer

shall be responsible for the complete and thorough removal of the

entire identification seal and any adhesive or attachment devices of

the seal. The seal beer keg identification number must be kept on

file with the retailer for not less than one (1) year from the date

of return.

C. A licensed retailer shall not sell a beer keg unless the

beer keg has attached a seal complying with the standards

established by subsection B of this section.

D. 1. A licensed retailer who sells a beer keg must at the

time of the sale record:

a. the purchaser's name and address and the number of the

purchaser's driver license, identification card issued

by the Department of Public Safety, military

identification card or valid United States or foreign

passport,

b. the date and time of the purchase,

c. the beer keg identification seal number required by

subsection B of this section, and

d. the purchaser's signature.

2. The record shall be retained for not less than one (1) year

after the date of the sale.

E. A licensed retailer required to retain records under

subsection D of this section shall make the records available during

regular business hours for inspection by a law enforcement officer

or an employee of the ABLE Commission.

F. 1. A person required to record information under subsection

D of this section shall not knowingly make a materially false entry

in the book or register required under subsection D of this section.

In a prosecution under this subsection, it is a defense for the

defendant to prove by a preponderance of the evidence that the

defendant reasonably and in good faith relied upon the

identification provided by the purchaser of a beer keg.

2. No person other than a licensed retailer, a licensed beer

distributor, a law enforcement officer or an employee of the ABLE

Commission may intentionally remove a seal placed on a beer keg in

compliance with subsection C of this section. No person may

intentionally deface or damage the seal on a beer keg to make it

unreadable.

3. Any person who purchases a beer keg and who fails to return

the keg or who returns a keg with a damaged or missing seal shall be

subject to a fine of Five Hundred Dollars ($500.00).

4. Any licensed retailer who fails to report an individual

provided for in paragraph 3 of this subsection to law enforcement

to make it

unreadable.

3. Any person who purchases a beer keg and who fails to return

the keg or who returns a keg with a damaged or missing seal shall be

subject to a fine of Five Hundred Dollars ($500.00).

4. Any licensed retailer who fails to report an individual

provided for in paragraph 3 of this subsection to law enforcement

shall be guilty of a misdemeanor and shall be subject to fines of

not less than Five Hundred Dollars ($500.00) for first and second

offenses. A third violation by a licensed retailer of the

provisions of this paragraph shall result in the revocation of the

retailer's license for up to one (1) year.

G. Any person who purchases a beer keg which is subsequently

stolen from such person shall not be liable for any penalty imposed

pursuant to the provisions of this section if such person properly

reported the theft of the beer keg to law enforcement authorities

within twenty-four (24) hours of the discovery of the theft.

H. The ABLE Commission shall promulgate rules for the

implementation and application of this section.