Session of 1999
SENATE BILL No. 197
By Committee on Federal and State Affairs
2-1
9 AN ACT concerning alcoholic and cereal malt beverages; requiring cer-
10 tain licensees to maintain records of purchasers of certain containers
11 of beer or cereal malt beverage.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. (a) Prior to the sale by a retailer, or a retailer's employee
15 or agent, of any beer in a container having a liquid capacity of four or
16 more gallons, the retailer, or the retailer's employee or agent, shall affix
17 to the beer container a keg identification number. At the time of sale of
18 any such container of beer, the retailer, or the retailer's employee or
19 agent, shall record the keg number; the date of the sale; the purchaser's
20 name, address and signature; and the number of a piece of identification
21 bearing both the purchaser's picture and the purchaser's signature. Such
22 record shall be kept by the retailer for not less than six months at the
23 premises where the purchase was made.
24 (b) Records required to be kept pursuant to this section shall be avail-
25 able for inspection by any law enforcement officer during normal business
26 hours or at any other reasonable time.
27 (c) Upon a determination, in a proceeding pursuant to K.S.A. 41-320,
28 and amendments thereto, that a retailer, or a retailer's employee or agent,
29 has violated this section or any rules and regulations adopted pursuant to
30 this section, the director shall suspend the retailer's retail liquor license
31 for five business days.
32 (d) It is a class B nonperson misdemeanor to: (1) Remove from a
33 beer container all or part of a keg identification number required pur-
34 suant to this section; (2) make unreadable all or any part of a keg iden-
35 tification number required by this section to be affixed to a beer con-
36 tainer; or (3) possess a beer container that does not have the keg
37 identification number required by this section.
38 (e) The secretary of revenue shall adopt any rules and regulations
39 necessary to implement the provisions of this section. Such rules and
40 regulations may include, but shall not be limited to, provisions establish-
41 ing standards for marking and handling containers which are required to
42 be registered under this section.
43 (f) This section shall be part of and supplemental to the Kansas liquor
44 control act.
45 Sec. 2. Prior to the sale by a retailer, or a retailer's employee or agent,
46 of any cereal malt beverage in a container having a liquid capacity of four
47 or more gallons, the retailer, or the retailer's employee or agent, shall
48 affix to the cereal malt beverage container a keg identification number.
49 At the time of sale of any such container of cereal malt beverage, the
50 retailer, or the retailer's employee or agent, shall record the keg number;
51 the date of the sale; the purchaser's name, address and signature; and the
52 number of a piece of identification bearing both the purchaser's picture
53 and the purchaser's signature. Such record shall be kept by the retailer
54 for not less than six months at the premises where the purchase was made.
55 (b) Records required to be kept pursuant to this section shall be avail-
56 able for inspection by any law enforcement officer during normal business
57 hours or at any other reasonable time.
58 (c) Upon a determination, in a proceeding pursuant to K.S.A. 41-
59 2708, and amendments thereto, that a retailer, or a retailer's employee
60 or agent, has violated this section or any rules and regulations adopted
61 pursuant to this section, the board of county commissioners or city gov-
62 erning body that issued the retailer's retail cereal malt beverage license
63 shall suspend the retailer's license for five business days.
64 (d) It is a class B nonperson misdemeanor to: (1) Remove from a
65 cereal malt beverage container all or part of a keg identification number
66 required pursuant to this section; (2) make unreadable all or any part of
67 a keg identification number required by this section to be affixed to a
68 cereal malt beverage container; or (3) possess a cereal malt beverage
69 container that does not have the keg identification number required by
70 this section.
71 (e) The secretary of revenue shall adopt any rules and regulations
72 necessary to implement the provisions of this section. Such rules and
73 regulations may include, but shall not be limited to, provisions establish-
74 ing standards for marking and handling of containers which are required
75 to be registered under this section.
76 (f) This section shall be part of and supplemental to K.S.A. 41-2701
77 et seq., and amendments thereto.
78 Sec. 3. This act shall take effect and be in force from and after its
79 publication in the statute book.