41-2905. Same; duties of beer retailer; violations; penalties; duties of secretary; rules and regulations.
41-2905
41-2905. Same; duties of beer retailer; violations;penalties; duties of secretary; rules and regulations.(a) Prior to the sale at retail of any beer in a containerhaving a liquid capacity of four or more gallons, the retailer or theretailer's employee or agent shall affix to the beer container a kegidentification number or otherwise uniquely identify the container inaccordance with this act and rules and regulations adopted by the secretary. Atthe time of sale at retail of any such container ofbeer, the retailer or the retailer's employee or agent shall record the kegnumber; the date of the sale; the purchaser's name and address; and the numberon the purchaser's driver's license, Kansas nondriver's identification card orother official or apparently official document thatreasonably appears to contain both the purchaser'spicture and thepurchaser's signature, which shall be exhibited at the time of sale. Suchrecord shall be keptby the retailer at the premises where the sale was made. Such record shall bekept by the retailer until the container is returned or until the expiration ofsix months following the date of the sale.
(b) For the purpose of investigating a violation of laws prohibiting thefurnishing to or possession or consumption of beer by persons under the age of21 and if such violation involves a container required to be registered underthe beer and cereal malt beverage keg registration act and if there is reasonto believe that a retailer sold such container, such retailer's recordsrelating to the sale of such container which are required to be kept by thissection shall be available for inspection by any law enforcement officer duringnormal business hours of the retailer. Recordsrequired to be kept by this section shall not be available for inspection oruse or subject to subpoena in any civil or administrative action or criminalprosecution other than a civil or administrative action or criminal prosecutionrelating to a specific violation of this section or K.S.A. 21-3610 or 41-727,and amendments thereto. Except as specifically provided by this subsection,records required to be kept by this section shall not be sold, distributed orotherwise released to any person other than an agent of the retailer or to alaw enforcement agency.
(c) Upon a determination that a retailer or a retailer's employee or agenthas violated this section or any rules and regulations adopted pursuant to thissection, the director may suspend or revoke the retailer's license in themanner provided by K.S.A. 41-320, and amendments thereto, and may impose a fineas provided by K.S.A. 41-328, and amendments thereto.
(d) It is a class B nonperson misdemeanor for a person who is not a retaileracting in the ordinary course of business to: (1) Remove from a beer containerall or part of a keg identification number required pursuant to this section;(2) make unreadable all or any part of a keg identification number required bythis section to be affixed to a beer container; or (3) possess a beer containerrequired to be registered under this act that does not have the kegidentification number required by this section.
(e) The secretary of revenue shall adopt any rules and regulations necessaryto implement the provisions of this section.Such rules and regulations shall include, but shall not be limited to,provisions relating to records and establishing standards for marking andhandling containers which are required to be registered by this act.
(f) The secretary of revenue shall provide any keg identification tags orlabels required by this section. Such tags or labels shall be designed so thatwhen affixed to a keg, such tags or labels do not mar or otherwise damage thekeg. There shall be no charge for such tags or labels.
(g) If a person sold beer in compliance with the provisions of thissection and any rules and regulations adopted pursuant thereto, it shall be adefense to any criminal prosecution or proceeding or civil or administrativeaction under this section.
(h) The provisions of this section shall not apply to sales of kegs bydistributors or retailers to clubs, drinking establishments,hotel drinking establishments and caterers licensed under the club and drinkingestablishment act.
(i) Words or phrases used in this section shall have the meaning ascribedthereto by K.S.A. 41-102, and amendments thereto.
History: L. 2002, ch. 44, § 5;L. 2008, ch. 126, § 11; July 1.