[Adopted 8-16-2007 by Ord. No. 2007-484]
As used in this article, the following terms shall have the meanings indicated:
BEER KEG
Any brewery-sealed, single container that contains not less than seven gallons of malt liquor.
RETAILER
A holder of a license under this chapter to sell alcoholic beverages under Article I.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No retailer shall sell beer kegs unless that retailer affixes an identification label or tag to each beer keg. An identification label or tag shall consist of paper; plastic, metal, or another durable material that is not easily damaged or destroyed. Identification labels used may contain a nonpermanent adhesive material in order to apply the label directly to an outside surface of a beer keg at the time of the sale. Identification tags shall be attached to beer kegs at the time of sale with nylon ties or cording, wire ties or other metal attachment devices, or another durable means of tying or attachment of the tag to the beer keg. The identification information contained on the label or tag shall include the licensed retailer's name, address, and telephone number; a unique beer keg number assigned by the retailer, and a prominently visible warning that intentional removal or defacement of the label or tag is a criminal offense. Upon return of a beer keg to the retailer that sold the beer keg and attached the identification label or tag, the retailer shall be responsible for the complete and thorough removal of the entire identification label or tag, and any adhesive or attachment devices of the label or tag. The identification label or tag must be kept on file with the retailer for not less than 90 days from the date of return.
A retailer may not sell a beer keg unless the beer keg has attached an identification label or tag complying with the standards established under § 78-19 of this article.
A. 
A retailer who sells a beer keg, must at the time of the sale, record:
(1) 
The number of the purchaser's driver's license, government-issued identification card, military identification card, or valid United States or foreign passport;
(2) 
The date and time of the purchase;
(3) 
The beer keg identification number required under § 78-20 of this article; and
(4) 
The purchaser's signature.
B. 
The record must be retained for not less than 90 days after the date of the sale.
A retailer required to retain records under § 78-21 of this article must make the records available during regular business hours for inspection by a peace officer or an agent or employee of the New Jersey Division of Alcoholic Beverage Control.
A. 
A person required to record information under § 78-21 of this article may not knowingly make a materially false entry in the book or register required under that section. In a prosecution under this article, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon the identification provided by the purchaser of a beer keg.
B. 
No person other than a retailer, a licensed wholesaler of malt beverages, a peace officer or an agent or employee of the New Jersey Division of Alcoholic Beverage Control may intentionally remove identification placed on a beer keg in compliance with § 78-20. No person may intentionally deface or damage the identification on any beer keg to make it unreadable.
C. 
Any person found guilty of violating any provision of this article shall, upon conviction, be subject to a fine of up to $2,000, be sentenced to jail for up to 90 days or be required to perform community service for up to 90 days, or any combination thereof, at the discretion of the court. Each and every violation shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]