41-2906.Same; duties of cereal malt beverageretailers; violations; penalties; duties of secretary; rules andregulations.(a) Prior to the sale by a retailer or a retailer's employeeor agent of any cereal malt beverage in a container having a liquid capacity offour or more gallons, the retailer or the retailer's employee or agent shallaffix to the cereal malt beverage container a keg identification numberor otherwise uniquely identify the container in accordance with rules andregulations adopted by the secretary.At thetime of sale of any such container of cereal malt beverage, the retailer, orthe retailer's employee or agent, shall record the keg number; the date of thesale; 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 the purchaser'ssignature, which shall be exhibited at the time of sale. Such record shall bekept by theretailer at the premises where the sale was made. Such record shall be kept bythe retailer until the container is returned or until the expiration of sixmonths following the date of the sale.
(b) For the purpose of investigating a violation of laws prohibiting thefurnishing to or possession or consumption of cereal malt beverage by personsunder the legal age for consumption of cereal malt beverage and if suchviolation involves a container required to be registered under the beer andcereal malt beverage keg registration act and if there is reason to believethat such retailer sold such container, such retailer's records relating to thesale of such container which are required to be kept by this section shall beavailable for inspection by any law enforcement officer during normal businesshours. Records required to be kept by thissection shall not be available for inspection or use or subject to subpoena inany civil or administrative action or criminal prosecution other than a civilor administrative action or criminal prosecution relating to a specificviolation 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 keptby this section shall not be sold, distributed or otherwise released to anyperson other than an agent of the retailer or to a law 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 board of county commissioners or the governing body of the citymay suspend or revoke the retailer's license in the manner provided by K.S.A.41-2708, and amendments thereto, and may impose a fine pursuant to K.S.A.41-2711, 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 cereal maltbeverage container all or part of a keg identification number required pursuantto this section; (2) make unreadable all or any part of a keg identificationnumber required by this section to be affixed to a cereal malt beveragecontainer; or (3) possess a cereal malt beverage container required to beregistered under this act that does not have the keg identification numberrequired 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 act. There shall be no charge for such tags or labels.Such tags or labels shall be designed so that when affixed to a keg, such tagsor labels do not mar or otherwise damage the keg.
(g) If a person sold cereal malt beverage in compliance with theprovisions of this section and any rules and regulations adopted pursuantthereto, it shall be a defense to any criminal prosecution or proceeding orcivil or administrative action under this section.
(h) Words and phrases used in this section shall have the meaning ascribedthereto by K.S.A. 41-2701, and amendments thereto.
History: L. 2002, ch. 44, § 6;L. 2008, ch. 126, § 12; July 1.
41-2906.Same; duties of cereal malt beverageretailers; violations; penalties; duties of secretary; rules andregulations.(a) Prior to the sale by a retailer or a retailer's employeeor agent of any cereal malt beverage in a container having a liquid capacity offour or more gallons, the retailer or the retailer's employee or agent shallaffix to the cereal malt beverage container a keg identification numberor otherwise uniquely identify the container in accordance with rules andregulations adopted by the secretary.At thetime of sale of any such container of cereal malt beverage, the retailer, orthe retailer's employee or agent, shall record the keg number; the date of thesale; 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 the purchaser'ssignature, which shall be exhibited at the time of sale. Such record shall bekept by theretailer at the premises where the sale was made. Such record shall be kept bythe retailer until the container is returned or until the expiration of sixmonths following the date of the sale.
(b) For the purpose of investigating a violation of laws prohibiting thefurnishing to or possession or consumption of cereal malt beverage by personsunder the legal age for consumption of cereal malt beverage and if suchviolation involves a container required to be registered under the beer andcereal malt beverage keg registration act and if there is reason to believethat such retailer sold such container, such retailer's records relating to thesale of such container which are required to be kept by this section shall beavailable for inspection by any law enforcement officer during normal businesshours. Records required to be kept by thissection shall not be available for inspection or use or subject to subpoena inany civil or administrative action or criminal prosecution other than a civilor administrative action or criminal prosecution relating to a specificviolation 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 keptby this section shall not be sold, distributed or otherwise released to anyperson other than an agent of the retailer or to a law 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 board of county commissioners or the governing body of the citymay suspend or revoke the retailer's license in the manner provided by K.S.A.41-2708, and amendments thereto, and may impose a fine pursuant to K.S.A.41-2711, 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 cereal maltbeverage container all or part of a keg identification number required pursuantto this section; (2) make unreadable all or any part of a keg identificationnumber required by this section to be affixed to a cereal malt beveragecontainer; or (3) possess a cereal malt beverage container required to beregistered under this act that does not have the keg identification numberrequired 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 act. There shall be no charge for such tags or labels.Such tags or labels shall be designed so that when affixed to a keg, such tagsor labels do not mar or otherwise damage the keg.
(g) If a person sold cereal malt beverage in compliance with theprovisions of this section and any rules and regulations adopted pursuantthereto, it shall be a defense to any criminal prosecution or proceeding orcivil or administrative action under this section.
(h) Words and phrases used in this section shall have the meaning ascribedthereto by K.S.A. 41-2701, and amendments thereto.
History: L. 2002, ch. 44, § 6;L. 2008, ch. 126, § 12; July 1.
41-2906.Same; duties of cereal malt beverageretailers; violations; penalties; duties of secretary; rules andregulations.(a) Prior to the sale by a retailer or a retailer's employeeor agent of any cereal malt beverage in a container having a liquid capacity offour or more gallons, the retailer or the retailer's employee or agent shallaffix to the cereal malt beverage container a keg identification numberor otherwise uniquely identify the container in accordance with rules andregulations adopted by the secretary.At thetime of sale of any such container of cereal malt beverage, the retailer, orthe retailer's employee or agent, shall record the keg number; the date of thesale; 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 the purchaser'ssignature, which shall be exhibited at the time of sale. Such record shall bekept by theretailer at the premises where the sale was made. Such record shall be kept bythe retailer until the container is returned or until the expiration of sixmonths following the date of the sale.
(b) For the purpose of investigating a violation of laws prohibiting thefurnishing to or possession or consumption of cereal malt beverage by personsunder the legal age for consumption of cereal malt beverage and if suchviolation involves a container required to be registered under the beer andcereal malt beverage keg registration act and if there is reason to believethat such retailer sold such container, such retailer's records relating to thesale of such container which are required to be kept by this section shall beavailable for inspection by any law enforcement officer during normal businesshours. Records required to be kept by thissection shall not be available for inspection or use or subject to subpoena inany civil or administrative action or criminal prosecution other than a civilor administrative action or criminal prosecution relating to a specificviolation 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 keptby this section shall not be sold, distributed or otherwise released to anyperson other than an agent of the retailer or to a law 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 board of county commissioners or the governing body of the citymay suspend or revoke the retailer's license in the manner provided by K.S.A.41-2708, and amendments thereto, and may impose a fine pursuant to K.S.A.41-2711, 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 cereal maltbeverage container all or part of a keg identification number required pursuantto this section; (2) make unreadable all or any part of a keg identificationnumber required by this section to be affixed to a cereal malt beveragecontainer; or (3) possess a cereal malt beverage container required to beregistered under this act that does not have the keg identification numberrequired 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 act. There shall be no charge for such tags or labels.Such tags or labels shall be designed so that when affixed to a keg, such tagsor labels do not mar or otherwise damage the keg.
(g) If a person sold cereal malt beverage in compliance with theprovisions of this section and any rules and regulations adopted pursuantthereto, it shall be a defense to any criminal prosecution or proceeding orcivil or administrative action under this section.
(h) Words and phrases used in this section shall have the meaning ascribedthereto by K.S.A. 41-2701, and amendments thereto.
History: L. 2002, ch. 44, § 6;L. 2008, ch. 126, § 12; July 1.
