Session of 2000
HOUSE BILL No. 2604
By Representative Stone
1-6
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 at retail of any beer in a
container
15 having a liquid capacity of four or more
gallons, the retailer or the re-
16 tailer's employee or agent shall affix to
the beer container a keg identi-
17 fication number. At the time of sale at
retail of any such container of beer,
18 the retailer or the retailer's employee or
agent shall record the keg num-
19 ber; the date of the sale; the purchaser's
name, address and signature;
20 and the number of a piece of identification
bearing both the purchaser's
21 picture and the purchaser's signature. Such
record shall be kept by the
22 retailer for not less than six months at
the premises where the purchase
23 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.
2
1 (f) It
shall be a defense to any criminal prosecution or civil action
2 under this section if the defendant
sold beer in compliance with the pro-
3 visions of this section and any rules
and regulations adopted pursuant
4 thereto.
5 (g) This
section shall be part of and supplemental to the Kansas liquor
6 control act. Words or phrases used in
this section shall have the meaning
7 ascribed thereto by K.S.A. 41-102,
and amendments thereto.
8 Sec.
2. Prior to the sale by a retailer or a retailer's employee or
agent
9 of any cereal malt beverage in a
container having a liquid capacity of four
10 or more gallons, the retailer or the
retailer's employee or agent shall affix
11 to the cereal malt beverage container a keg
identification number. At the
12 time of sale of any such container of
cereal malt beverage, the retailer,
13 or the retailer's employee or agent, shall
record the keg number; the date
14 of the sale; the purchaser's name, address
and signature; and the number
15 of a piece of identification bearing both
the purchaser's picture and the
16 purchaser's signature. Such record shall be
kept by the retailer for not
17 less than six months at the premises where
the purchase was made.
18 (b) Records
required to be kept pursuant to this section shall be avail-
19 able for inspection by any law enforcement
officer during normal business
20 hours or at any other reasonable time.
21 (c) Upon a
determination, in a proceeding pursuant to K.S.A. 41-
22 2708, and amendments thereto, that a
retailer or a retailer's employee or
23 agent has violated this section or any
rules and regulations adopted pur-
24 suant to this section, the board of county
commissioners or city governing
25 body that issued the retailer's retail
cereal malt beverage license shall
26 suspend the retailer's license for five
business days.
27 (d) It is a class
B nonperson misdemeanor to: (1) Remove from a
28 cereal malt beverage container all or part
of a keg identification number
29 required pursuant to this section; (2) make
unreadable all or any part of
30 a keg identification number required by
this section to be affixed to a
31 cereal malt beverage container; or (3)
possess a cereal malt beverage
32 container that does not have the keg
identification number required by
33 this section.
34 (e) The secretary
of revenue shall adopt any rules and regulations
35 necessary to implement the provisions of
this section. Such rules and
36 regulations may include, but shall not be
limited to, provisions establish-
37 ing standards for marking and handling of
containers which are required
38 to be registered under this section.
39 (f) It shall be a
defense to any criminal prosecution or civil action
40 under this section if the defendant sold
ceral malt beverage in compliance
41 with the provisions of this section and any
rules and regulations adopted
42 pursuant thereto.
43 (g) This section
shall be part of and supplemental to K.S.A. 41-2701
3
1 et seq., and amendments
thereto. Words and phrases used in this section
2 shall have the meaning ascribed
thereto by K.S.A. 41-2701, and amend-
3 ments thereto.
4 Sec. 3. This act
shall take effect and be in force from and after its
5 publication in the statute book.