[Adopted 5-5-1992 ATM by Art. 73, approved 8-3-1992]
The following terms, unless a contrary meaning is required by the context or as specifically prescribed, shall have the following meanings:
- Any half-barrel (15.5 gallons) or quarter-barrel (7.75 gallons) metal container designed to contain malt beverages as defined in MGL c. 138, § 1.
- RETAIL ESTABLISHMENT
- Any establishment licensed to sell malt beverages as defined in MGL c. 138, § 15.
The sale of malt beverages, as defined in MGL c. 138, § 1, at retail in containers larger than two liters is prohibited, except that a retail establishment may sell malt beverages in kegs which are in compliance with the identification requirements specified § 54-9 of this article.
No person shall possess malt beverages in violation of any applicable law or in a keg unless said keg has a metal identification tag properly affixed as specified in § 54-9A or said person in possession of said keg is engaged in the lawful transportation of alcoholic beverages licensed under Chapter 138 of the General Laws.
A deposit of $50 from the purchaser of a keg shall be required by the retail establishment for each and every keg sold.
Any licensed retail establishment may sell kegs only if, at the time of sale, said keg has securely affixed to its handle a metal identification tag issued by the Nantucket Police Department. Said tag shall bear a unique identification number which shall be recorded at the time the keg is sold by the retail establishment.
[Amended 4-15-2003 ATM by Art. 26, approved 8-27-2003]
Any person of lawful age who desires to purchase a keg shall be required to produce positive identification to the retail establishment.
The retail establishment shall record the following information in chronological order in a bound journal prior to the sale of any kegs:
The date of sale.
The identification number of the metal tag affixed to the keg.
The purchaser's complete legal name, date of birth, driver's license number and state, Nantucket address, legal address, telephone number and form(s) of identification used.
The date on which each keg is returned and whether the deposit was returned to the purchaser or forfeited.
Any police officer of the Town may inspect the journal containing the information required in § 54-9C during regular business hours.
The retail establishment shall inform all purchasers of kegs that, if the keg is returned without the identification tag affixed at the time of sale and intact or if said keg is not returned within 30 days from the date of sale, the deposit shall be forfeited.
The cost of the keg identification tags shall be $1 each, and they shall be sold only to the retail establishment in minimum quantities as determined by the Chief of Police.
Any keg, as defined herein, which was not purchased on Nantucket shall be subject to this article to the extent that said person in possession of the keg shall obtain an identification tag from the Nantucket Police Department upon providing positive identification and the identification tag fee of $1.
The provisions of this article shall be enforced by any police officer of the Town.
Any person found in possession of a keg in violation of § 54-7B may be charged with a noncriminal violation pursuant to MGL c. 40, § 21D. The penalty for each noncriminal violation shall be $50, or said person may be arrested and brought before the Trial Court of the Commonwealth - District Court, Nantucket Division, upon a complaint being made for a violation of § 54-7B of this chapter.
Any retail establishment found in violation of this article may be charged with a noncriminal violation pursuant to MGL c. 40, § 21D. The penalty for each noncriminal violation shall be $200.
The Board of Selectmen of the Town of Nantucket, acting as the licensing authority for the retail establishments, may take any action as they deem appropriate upon any retail establishment found in violation of this article.
The provisions of this article are severable, and if any part of this section should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the article, and the remainder of the article shall stay in full force and effect.