Session of 1999
         
SENATE BILL No. 197
         
By Committee on Federal and State Affairs
         
2-1
         

  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 by a retailer, or a retailer's employee
15       or agent, of any beer in a container having a liquid capacity of four or
16       more gallons, the retailer, or the retailer's employee or agent, shall affix
17       to the beer container a keg identification number. At the time of sale of
18       any such container of beer, the retailer, or the retailer's employee or
19       agent, shall record the keg number; the date of the sale; the purchaser's
20       name, address and signature; and the number of a piece of identification
21       bearing both the purchaser's picture and the purchaser's signature. Such
22       record shall be kept by the retailer for not less than six months at the
23       premises where the purchase 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
44       control act.
45             Sec.  2. Prior to the sale by a retailer, or a retailer's employee or agent,
46       of any cereal malt beverage in a container having a liquid capacity of four
47       or more gallons, the retailer, or the retailer's employee or agent, shall
48       affix to the cereal malt beverage container a keg identification number.
49       At the time of sale of any such container of cereal malt beverage, the
50       retailer, or the retailer's employee or agent, shall record the keg number;
51       the date of the sale; the purchaser's name, address and signature; and the
52       number of a piece of identification bearing both the purchaser's picture
53       and the purchaser's signature. Such record shall be kept by the retailer
54       for not less than six months at the premises where the purchase was made.
55             (b) Records required to be kept pursuant to this section shall be avail-
56       able for inspection by any law enforcement officer during normal business
57       hours or at any other reasonable time.
58             (c) Upon a determination, in a proceeding pursuant to K.S.A. 41-
59       2708, and amendments thereto, that a retailer, or a retailer's employee
60       or agent, has violated this section or any rules and regulations adopted
61       pursuant to this section, the board of county commissioners or city gov-
62       erning body that issued the retailer's retail cereal malt beverage license
63       shall suspend the retailer's license for five business days.
64             (d) It is a class B nonperson misdemeanor to: (1) Remove from a
65       cereal malt beverage container all or part of a keg identification number
66       required pursuant to this section; (2) make unreadable all or any part of
67       a keg identification number required by this section to be affixed to a
68       cereal malt beverage container; or (3) possess a cereal malt beverage
69       container that does not have the keg identification number required by
70       this section.
71             (e) The secretary of revenue shall adopt any rules and regulations
72       necessary to implement the provisions of this section. Such rules and
73       regulations may include, but shall not be limited to, provisions establish-
74       ing standards for marking and handling of containers which are required
75       to be registered under this section.
76             (f) This section shall be part of and supplemental to K.S.A. 41-2701
77       et seq., and amendments thereto.
78        Sec.  3. This act shall take effect and be in force from and after its
79       publication in the statute book.