Alcohol: Sale of Kegs

RESOLUTION NO. 89-99

A RESOLUTION PERTAINING TO THE SALE OF BEER AND CEREAL MALT BEVERAGES IN KEGS; REQUIRING IDENTIFICATION FOR PURCHASE AND RECORD MAINTENANCE OF SUCH SALE

BE IT RESOLVED by the Board of County Commissioners of Lyon County, Kansas:

Section 1. Keg Registration

(1) As used in this section, the words and phrases herein defined shall have the following meaning, unless the context otherwise requires:

Beer means a beverage containing more than 3.2% alcohol by weight obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.

Cereal malt beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2% alcohol by weight.

Keg means a reusable container of beer or cereal malt beverage having a liquid capacity of four or more gallons.

Legal age for consumption means 21 years of age.

Parson means any natural person, corporation, partnership, limited liability company, trust, or association.

Retailer means a person who sells at retail or offers for sale at retail, beer or cereal malt beverage pursuant to a valid state and/or municipal license.

Sell or sell at retail refers to and means sales of beer or cereal malt beverage for use or consumption and not for resale in any form, and includes sales of beat or cereal malt beverage In a keg returnable to the seller. Such terms shall not refer to or .mean sales by a distributor or sales by, one retailer to another.

Proper proof of identification means a photographic motor vehicle operator's license, a valid passport, a United States military identification card, a Kansas photographic no driver's identification card or other official or apparently official document, containing a photograph, signature, and birth date of the person.

(2) A retailer or retailer's employee or agent, prior to or at the time of any sale at retail of a keg, shall:

(a) Affix or cause to be affixed to the keg, a keg identification tag in accordance with the provisions of subsection (4) of this section;.

(b) Require the purchaser to exhibit proper proof of identification. If the purchaser fails to provide such proof of identification, the retailer shall refuse to sell the keg to such person.

(c) Require the purchaser to sign a Declaration and Receipt for the keg in the form provided for in subsection (4) of this section;

(d) Record on the declaration the keg identification tag number, the date of sale, the purchaser's name and address, and the type, number, and expiration date of the purchaser's identification;

(e) Inform the purchaser that any deposit paid by the purchaser for the keg, if required, shall be forfeited if the keg is returned without the original keg identification tag intact and readable;

(f) Require each purchaser of any such keg to acknowledge as part of the declaration that persons under 21 are not of legal age for consumption of beer or cereal malt beverage and that the declaration is subject to inspection by law enforcement personnel; and

(g) Provide a copy of the Declaration and Receipt to the purchaser.

(3) Any person who purchases a keg or the contents thereof shall:

(a) Be of legal age to purchase, possess, or use beer and cereal malt beverage;

(b) Provide proof of identification and such other information as the retailer may require in accordance with subsection (29) of this section-.

(d) Not allow any person under the age of 21 to consume the keg contents except as allowed by law;

(e) Not remove, obliterate, or allow to be re-moved or obliterated, the keg identification tag. required by this section; and

(f) Maintain a copy of the Declaration and Receipt with the keg during the time the keg is in the purchaser's possession or control.

(4)

(a) The keg identification tag required under this section shall be in the form of a' uniquely numbered and coded tag or label, prescribed and furnished by the County Clerk. Such tag or label Is used f or a single sale of the marked keg and is to be removed from the keg by the retailer upon return of the keg to the retail seller and maintained with the records of the sale. Such tags shall be fabricated and made attachable in such a manner as to make the tag removable for the purpose of the cleaning and reuse of the keg by a manufacturer.

(b) The Declaration and Receipt required by this section shall be on a form prescribed and furnished by the County Clark and shall include the information as required by subsections (2) and (3) thereof, and may include such other identifying information as the County Clerk may deem necessary and appropriate.

(c) Retailers may apply for and receive keg identification tags and Declaration and Receipt forms from the County Clerk upon submittal of an application on a form as prescribed by the County Clerk and such proof as may be required by the County Clerk that the applicant is duly licensed to sell beer or cereal malt beverages in a keg. The County Clark may charge a reasonable fee for furnishing the tags and forms required by this section not to exceed the actual cost of furnishing such tags and forms.

(d) The retailer shall retain a copy of all such Declarations and Receipts required under this section on the retailer's licensed premises for a period of six months following the transaction. Such Declarations and Receipts shall be available for inspection and copying by any law enforcement officer during normal business hours for the purpose of identifying persons suspected of a violation of law.

(e) Falsifying any information on a Declaration and Receipt shall be a violation of this section.

(5) No retailer may refund any deposit upon return of a keg that

(a) does not have the required identification tag, or

(b) has an identification tag that has been defaced to the extent that the information contained on the tag cannot be read.

(6) It shall be unlawful for any person to

(a) remove from a keg all or part of a keg identification tag required pursuant to this section;

(b) deface a keg identification tag required by this section to the extent the information contained on the tag cannot be read;

(d) possess a keg that does not have the keg identification tag required by this section, provided that the provisions of this subsection shall not apply to any person when acting in the capacity of a manufacturer, distributor or retailer, and subsection (6)(d) shall not apply to any person who finds a discarded keg on such person's property.

(7) violation of any of the provisions of this section shall, upon conviction thereof, be a Class C misdemeanor-

Section 2, This resolution shall be effective on January 1, 2000 after publication in the official county newspaper and shall expire on December 31, 2002.

PASSED AND APPROVED this 21st day of October, 1999.

BOARD OF COUNTY COMMISSIONERS LYON COUNTY, KANSAS

ATTEST:

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County Clerk