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Session of 2000
          SENATE BILL No. 394           By Senator Stephens           12-29          

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  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.
43             (f) This section shall be part of and supplemental to the Kansas liquor

2
  1       control act. Words or phrases used in this section shall have the meaning
  2       ascribed thereto by K.S.A. 41-102, and amendments thereto.
  3             Sec.  2. Prior to the sale by a retailer or a retailer's employee or agent
  4       of any cereal malt beverage in a container having a liquid capacity of four
  5       or more gallons, the retailer or the retailer's employee or agent shall affix
  6       to the cereal malt beverage container a keg identification number. At the
  7       time of sale of any such container of cereal malt beverage, the retailer,
  8       or the retailer's employee or agent, shall record the keg number; the date
  9       of the sale; the purchaser's name, address and signature; and the number
10       of a piece of identification bearing both the purchaser's picture and the
11       purchaser's signature. Such record shall be kept by the retailer for not
12       less than six months at the premises where the purchase was made.
13             (b) Records required to be kept pursuant to this section shall be avail-
14       able for inspection by any law enforcement officer during normal business
15       hours or at any other reasonable time.
16             (c) Upon a determination, in a proceeding pursuant to K.S.A. 41-
17       2708, and amendments thereto, that a retailer or a retailer's employee or
18       agent has violated this section or any rules and regulations adopted pur-
19       suant to this section, the board of county commissioners or city governing
20       body that issued the retailer's retail cereal malt beverage license shall
21       suspend the retailer's license for five business days.
22             (d) It is a class B nonperson misdemeanor to: (1) Remove from a
23       cereal malt beverage container all or part of a keg identification number
24       required pursuant to this section; (2) make unreadable all or any part of
25       a keg identification number required by this section to be affixed to a
26       cereal malt beverage container; or (3) possess a cereal malt beverage
27       container that does not have the keg identification number required by
28       this section.
29             (e) The secretary of revenue shall adopt any rules and regulations
30       necessary to implement the provisions of this section. Such rules and
31       regulations may include, but shall not be limited to, provisions establish-
32       ing standards for marking and handling of containers which are required
33       to be registered under this section.
34             (f) This section shall be part of and supplemental to K.S.A. 41-2701
35       et seq., and amendments thereto. Words and phrases used in this section
36       shall have the meaning ascribed thereto by K.S.A. 41-2701, and amend-
37       ments thereto. 
38        Sec.  3. This act shall take effect and be in force from and after its
39       publication in the statute book.