(a) (1) Except as provided in paragraph (2) of this subsection, a person may not sell or offer for sale at retail an alcoholic beverage container that is: (i) made from metal or a composite material; and (ii) designed and constructed with an all–metal tab opening device that detaches from the container when the container is opened in a manner that is normally used to empty the contents of the container. (2) Paragraph (1) of this subsection does not apply to: (i) a beverage container sealed with a laminated tape seal, including one with aluminum foil, that is not rigid; (ii) an all–metal container with a detachable metal pull tab for a frozen beverage concentrate that is customarily and primarily purchased for dilution and use in the home or a similar purpose; and (iii) a metal beverage container with a detachable metal pull tab for a milk–based, soy–based, or similar product that requires sterilization and pressure in the canning process. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.