[Adopted 10-1-2007 by Ord. No. 07-46 and Ord. No. 07-47]
As used in this article, the following terms
shall have the meanings indicated:
Any brewery-sealed, single container that contains not less
than seven gallons of malt liquor.
A holder of a license under this chapter to sell alcoholic beverages under § 122-2.
No licensee shall sell beer kegs unless that
licensee 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 sale. Identification tags shall be attached to
beer kegs at the time of sale with nylon ties or cording, wires ties
or other metal attachment devices, or another durable means of typing
or attachment of the tag to the beer keg. The identification information
contained on the label or tag shall include the licensee's name, address
and telephone number; a unique beer keg number assigned by the licensee;
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 licensee that sold the beer keg and attached the identification
label or tag, the licensee 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 licensee for not less than
90 days from the date of return.
A licensee may not sell a beer keg unless the beer keg has attached an identification label or tag complying with the standards established under § 122-26 of this article.
A.
A licensee who sells a beer keg must at the time of
the sale record:
B.
The record must be retained for not less than 90 days
after the date of the sale.
A licensee required to retain records under § 122-28 of this article must make the records available during regular business hours for inspection by a police officer or an agent or employee of the New Jersey Division of Alcoholic Beverage Control.
A.
A person required to record information under § 122-28 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 section, 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 licensee, a licensed wholesaler of malt beverages, a police 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 § 122-27. No person may intentionally deface or damage the identification on a beer keg to make it unreadable.
C.
A person found guilty of violating any provision of this article may, upon conviction, be subject to the penalty as provided in § 1-15, General penalty, of this Code. Each and every violation shall constitute a separate offense.
[Amended 5-5-2008 by Ord.
No. 08-18; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
