SB 357--
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Session of 1997
SENATE BILL No. 357
By Committee on Judiciary
2-14
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9 AN ACT concerning alcoholic beverages; relating to requirements of re-
10 tailers and purchasers of certain containers or kegs of beer or cereal
11 malt beverage; powers and duties of secretary of revenue; prohibiting
12 certain conduct and prescribing penalties therefor.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. (a) Prior to the sale by a retailer, or a retailer's employee
16 or agent of any beer in a container or keg having a liquid capacity of four
17 or more gallons, the retailer or the retailer's employee or agent shall: (1)
18 Require the purchaser to complete the form as described in subsection
19 (c), and retain one copy of the declaration form and provide one copy of
20 the form to the purchaser;
21 (2) maintain purchase records of containers or kegs for a period of of
22 not less than 30 days after the date that the container or keg is returned;
23 (3) require the purchaser to provide one piece of photo identification
24 with a signature;
25 (4) require the purchaser to be of legal age to purchase, possess or
26 use the container or keg; and
27 (5) affix all required identification on all containers or kegs. Such
28 identification shall include store name, city and state of location of store
29 and container or keg identification number.
30 (b) The purchaser of any beer in a container or keg as described in
31 subsection (a) shall:
32 (1) Complete the declaration form as described in subsection (c),
33 including the declaration statement;
34 (2) provide one piece of photo identification with a signature;
35 (3) be of legal age to purchase, possess or use the container or keg;
36 (4) not allow any person under the legal age to consume the contents;
37 (5) not remove, obliterate or allow to be removed or obliterated, the
38 container or keg identification number placed on the container or keg by
39 the retailer or retailer's employee or agent at the time of purchase;
40 (6) except for transporting to and from the distribution point, not
41 move, keep or store the container or keg or its contents at any place other
42 than that address declared on the receipt and declaration form; and
43 (7) maintain a copy of the declaration form and receipt next to or
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1 adjacent to the container or keg, in no event a distance greater than five
2 feet, and visible without a physical barrier from the container or keg,
3 during the time that the container or keg is in the purchaser's possession
4 or control.
5 (c) Pursuant to K.S.A. 41-210 and amendments thereto, the secretary
6 of revenue shall adopt rules and regulations as necessary to carry out the
7 intent and purposes of this section. Such rules and regulations shall in-
8 clude, but not be limited to: (1) Designing a declaration form to be dis-
9 tributed at no cost to all retailers who sell containers or kegs as described
10 in subsection (a). Such declaration form shall include a space for store
11 name; purchaser's name, address, city, state, home phone number, place
12 of employment; driver's license number or other photo identification card
13 with birthdate; type, size and number and size of containers or kegs taken;
14 number of taps taken; address where container or keg will be consumed
15 or located; and a declaration statement which shall be signed by the pur-
16 chaser. Such declaration statement similar to and contain the following
17 information:
18 ``I, __________________, am of legal age to purchase and possess this al-
19 coholic beverage and will not allow any person under the age of 21 years
20 of age to consume this beverage. I will not remove, obliterate, or allow
21 to be removed or obliterated, the store ID required on this or these kegs.
22 This or these kegs will be consumed at __________________, and the keg
23 will be physically located at __________________. I also agree to maintain a
24 copy of this declaration and receipt next to or adjacent to the keg or other
25 container, in no event a distance greater than 5 feet, and visible without
26 a physical barrier from the keg, during the time that the keg or other
27 container is in my possession or control.''
28 Also include signature space, space for how deposit was paid, cash or
29 credit card; date keg returned; clerk's name; date deposit was returned;
30 and customer signature.
31 (2) determine penalties for failure of retailer to maintain the required
32 container or keg registration records; and
33 (3) determine the proper tagging for retailers, including the store
34 name, address and keg identification number.
35 (d) No retailer or retailer's employee or agent shall be liable for any
36 damages caused by or incurred as a result of a container or keg purchaser
37 allowing a person under the legal age to purchase, possess or use the
38 container or keg, if the retailer or retailer's employee or agent was acting
39 in good faith and complied with the requirements as provided in this
40 section.
41 (e) This section shall be part of and supplemental to the Kansas liquor
42 control act.
43 Sec. 2. (a) Prior to the sale by a retailer, or a retailer's employee or
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1 agent of any cereal malt beverage in a container or keg having a liquid
2 capacity of four or more gallons, the retailer or the retailer's employee or
3 agent shall: (1) Require the purchaser to complete the form as described
4 in subsection (c), and retain one copy of the declaration form and provide
5 one copy of the form to the purchaser;
6 (2) maintain purchase records of containers or kegs for a period of
7 not less than 30 days after the date that the container or keg is returned;
8 (3) require the purchaser to provide one piece of photo identification
9 with a signature;
10 (4) require the purchaser to be of legal age to purchase, possess or
11 use the container or keg; and
12 (5) affix all required identification on all containers or kegs. Such
13 identification shall include store name, city and state of location of store
14 and container or keg identification number.
15 (b) The purchaser of any cereal malt beverage in a container or keg
16 as described in subsection (a) shall:
17 (1) Complete the declaration form as described in subsection (c),
18 including the declaration statement;
19 (2) provide one piece of photo identification with a signature;
20 (3) be of legal age to purchase, possess or use the container or keg;
21 (4) not allow any person under the legal age to consume the contents;
22 (5) not remove, obliterate or allow to be removed or obliterated, the
23 container or keg identification number placed on the container or keg by
24 the retailer or retailer's employee or agent at the time of purchase;
25 (6) except for transporting to and from the distribution point, not
26 move, keep or store the container or keg or its contents at any place other
27 than that address declared on the receipt and declaration form; and
28 (7) maintain a copy of the declaration form and receipt next to or
29 adjacent to the container or keg, in no event a distance greater than five
30 feet, and visible without a physical barrier from the container or keg,
31 during the time that the container or keg is in the purchaser's possession
32 or control.
33 (c) Pursuant to K.S.A. 41-210 and amendments thereto, the secretary
34 of revenue shall adopt rules and regulations as necessary to carry out the
35 intent and purposes of this section. Such rules and regulations shall in-
36 clude, but not be limited to: (1) Designing a declaration form to be dis-
37 tributed at no cost to all retailers who sell containers or kegs as described
38 in subsection (a). Such declaration form shall include a space for store
39 name; purchaser's name, address, city, state, home phone number, place
40 of employment; driver's license number or other photo identification card
41 with birthdate; type, size and number and size of containers or kegs taken;
42 number of taps taken; address where container or keg will be consumed
43 or located; and a declaration statement which shall be signed by the pur-
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1 chaser. Such declaration statement similar to and contain the following
2 information:
3 ``I, __________________, am of legal age to purchase and possess this al-
4 coholic beverage and will not allow any person under the age of 21 years
5 of age to consume this beverage. I will not remove, obliterate, or allow
6 to be removed or obliterated, the store ID required on this or these kegs.
7 This of these kegs will be consumed at __________________, and the keg
8 will be physically located at __________________. I also agree to maintain a
9 copy of this declaration and receipt next to or adjacent to the keg or other
10 container, in no event a distance greater than 5 feet, and visible without
11 a physical barrier from the keg, during the time that the keg or other
12 container is in my possession or control.''
13 Also include signature space, space for how deposit was paid, cash or
14 credit card; date keg returned; clerk's name; date deposit was returned;
15 and customer signature.
16 (2) determine penalties for failure of retailer to maintain the required
17 container or keg registration records; and
18 (3) determine the proper tagging for retailers, including the store
19 name, address and keg identification number.
20 (d) No retailer or retailer's employee or agent shall be liable for any
21 damages caused by or incurred as a result of a container or keg purchaser
22 allowing a person under the legal age to purchase, possess or use the
23 container or keg, if the retailer or retailer's employee or agent was acting
24 in good faith and complied with the requirements as provided in this
25 section.
26 (e) This section shall be part of and supplemental to the provisions
27 of K.S.A. 41-2701 et seq. and amendments thereto.
28 Sec. 3. (a) Furnishing beer in a container or keg to a minor is directly
29 or indirectly, selling to, buying for, giving or furnishing any beer in a
30 container or keg having a liquid capacity of 4 or more gallons to any minor.
31 (b) (1) Upon a first conviction of furnishing beer in a container or
32 keg to a minor, a person shall be guilty of a class C person misdemeanor
33 for which the minimum fine is $500.
34 (2) Upon a second conviction of furnishing beer in a container or keg
35 to a minor, a person shall be guilty of a class B person misdemeanor for
36 which the minimum fine is $600.
37 (3) Upon a third or subsequent conviction of furnishing beer in a
38 container or keg to a minor, a person shall be guilty of a class A misde-
39 meanor for which the minimum fine is $700.
40 (c) As used in this section, terms have the meanings provided by
41 K.S.A. 41-102 and amendments thereto.
42 (d) It shall be a defense to a prosecution under this section if: (1) The
43 defendant is a licensed retailer, club, drinking establishment or caterer
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1 or holds a temporary permit, or an employee thereof; (2) the defendant
2 sold the beer in a container or keg to the minor with reasonable cause to
3 believe that the minor was 21 or more years of age; and (3) to purchase
4 the beer in a container or keg, the minor exhibited to the defendant a
5 driver's license, Kansas nondriver's identification card or other official or
6 apparently official document, containing a photograph of the minor and
7 purporting to establish that such minor was 21 or more years of age.
8 Sec. 4. (a) Furnishing cereal malt beverage in a container or keg to
9 a minor is buying for or selling, giving or furnishing, whether directly or
10 indirectly, any cereal malt beverage in a container or keg having a liquid
11 capacity of 4 or more gallons to any person under the legal age for con-
12 sumption of cereal malt beverage.
13 (b) (1) Upon a first conviction of furnishing cereal malt beverage in
14 a container or keg to a minor, a person shall be guilty of a class C person
15 misdemeanor for which the minimum fine is $500.
16 (2) Upon a second conviction of furnishing cereal malt beverage in a
17 container or keg to a minor, a person shall be guilty of a class B person
18 misdemeanor for which the minimum fine is $600.
19 (3) Upon a third or subsequent conviction of furnishing cereal malt
20 beverage in a container or keg to a minor, a person shall be guilty of a
21 class A person misdemeanor for which the minimum fine is $700.
22 (c) This section shall not apply to the furnishing of cereal malt bev-
23 erage in a container or keg by a parent or legal guardian to such parent's
24 child or such guardian's ward.
25 (d) It shall be a defense to a prosecution under this section if: (1) The
26 defendant is a licensed retailer, or an employee thereof; (2) the defendant
27 sold the cereal malt beverage in a container or keg to the person with
28 reasonable cause to believe that such person was of legal age for con-
29 sumption of cereal malt beverage; and (3) to purchase the cereal malt
30 beverage in a container or keg, the person exhibited to the defendant a
31 driver's license, Kansas nondriver's identification card or other official or
32 apparently official document containing a photograph of the minor and
33 purporting to establish that such person was of legal age for consumption
34 of cereal malt beverage in a container or keg.
35 (e) As used in this section, ``cereal malt beverage'', ``retailer'' and
36 ``legal age for consumption of cereal malt beverage'' have the meanings
37 provided by K.S.A. 41-2701 and amendments thereto.
38 (f) This section shall be part of and supplemental to the Kansas crim-
39 inal code.
40 Sec. 5. This act shall take effect and be in force from and after its
41 publication in the statute book.