Draft beer, sale of 32 to 128 fluid ounces dispensed on premises for consumption off premises
A store with a license to sell sealed alcohol can fill containers of draft beer (between 32 and 128 ounces) for customers to take home. The employee filling the container must be at least 21 years old. The container must have a label with details like the beer brand, brewer name, type of beer, amount, store name and address, fill date, and a health warning. Beer can only be poured when a customer asks — no pre-filling allowed. There are specific cleaning and filling rules workers must follow to keep the beer safe.
311.201. , sale of 32 to 128 fluid ounces on for consumption off premises — requirements. — 1. Any person who is licensed to sell in the as provided in 1 of section 311.200 may sell from thirty-two to one hundred twenty-eight fluid ounces of draft beer to customers in containers filled by any employee of the on the premises for consumption off such premises. Any employee of the shall be at least twenty-one years of age to fill containers with draft beer.
2. No of law, , or of the shall be interpreted to allow any , , or of intoxicating liquor to furnish or cooling equipment, or containers that are filled or refilled under subsection 1 of this section, to any person who is licensed to sell intoxicating liquor in the original package at retail as provided in subsection 1 of section 311.200.
3. (1) Containers that are filled or refilled under subsection 1 of this section shall be with a label or a tag that shall contain the following in type not smaller than three millimeters in height and not more than twelve characters per inch:
(a) Brand name of the product dispensed;
(b) Name of or bottler;
(c) Class of product, such as beer, ale, lager, bock, stout, or other brewed or beverage;
(d) Net contents;
(e) Name and address of the business that filled or refilled the container;
(f) Date of fill or refill;
(g) The following statement: "This product may be unfiltered and unpasteurized. Keep refrigerated at all times.".
(2) Containers that are filled or refilled under subsection 1 of this section shall be affixed with the alcoholic beverage health warning statement as required by the , 27 Sections 16.20 to 16.22.
4. (1) The filling and refilling of containers shall only occur on by a customer and containers shall not be by the retailer or its employee.
(2) Containers shall only be filled or refilled by an employee of the retailer.
(3) Containers shall be filled or refilled as follows:
(a) Containers shall be filled or refilled with a tube as described in (4) of this subsection and:
a. Food grade sanitizer shall be used in accordance with the Environmental Protection Agency label use instructions;
b. A container of liquid food-grade sanitizer shall be maintained for no more than ten taps that will be used for filling and refilling containers;
c. Each container shall contain no less than five tubes that will be used only for filling and refilling containers;
d. The container shall be inspected visually for contamination;
e. After each filling or refilling of a container, the tube shall be immersed in the container with the liquid food-grade sanitizer; and
f. A different tube from the container shall be used for each filling or refilling of a container; or
(b) Containers shall be filled or refilled with a contamination-free and:
a. The container shall be inspected visually for contamination;
b. The container shall only be filled or refilled by the retailer's employee; and
c. The filling or refilling shall be in with the Code 2009, Section 3-304.17(c).
(4) Containers shall be filled or refilled from the bottom of the container to the top with a tube that is attached to the malt beverage faucet and extends to the bottom of the container or with a commercial filling machine.
(5) When not in use, tubes to fill or refill shall be immersed and stored in a container with liquid food-grade sanitizer.
(6) After filling or refilling a container, the container shall be as set forth in subsection 1 of this section.
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Source & history notes
(L. 2016 S.B. 919)
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