[Adopted by Ord. No. 2007-32]
A.
Underage drinking is a serious problem affecting communities through
the country. Beer kegs are often a main source of alcohol at teenage
parties and, in addition, kegs may encourage drinking greater quantities
of beer increasing the risk of driving under the influence of alcohol
and other alcohol-related problems.
B.
When police arrive at underage keg parties, people often scatter,
leaving the police no way of determining who purchased the alcohol
for the underage drinkers.
C.
Adults who purchase alcohol for underage youth may be deterred only
if they believe they will face legal or financial consequences for
providing alcohol to people under 21 years of age and keg registration
encourages people to think twice before purchasing kegs and allowing
underage youth to drink from them.
D.
The Township believes that the registration of kegs will provide
additional protection from liability to licensed establishments within
the municipality.
For purposes of this article, the following terms shall have
the meanings indicated:
Any brewery-sealed, single container that contains not less
than two gallons of malt liquor.
A holder of a license under this article to sell alcoholic
beverages under this article.
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 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
or the label or tag is an offense punishable by fine and/or imprisonment.
Upon return of a beer keg to the retailer who 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 this article.
A.
A retailer who sells a beer keg must, at the time of the sale, record
the following information:
(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 purchaser's name, date of birth, and address;
(3)
The date and time of the purchase;
(4)
The beer keg identification number required under this article; and
(5)
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 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.
Any violation of Articles I, II and IV of this chapter by any retailer or employee of a retailer shall form the basis of alcoholic beverage control charges under § 89-13 of this chapter and/or the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., and the regulations promulgated thereunder, and not the penalties otherwise provided herein.
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 this article. No person may
intentionally deface or damage the identification on a beer keg to
make it unreadable.
C.
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 be in possession of a beer keg without
an identification label affixed thereto.
D.
Any person found guilty of violating any provision of Articles I, II and IV of this chapter, other than a retailer or employee of a retailer, upon conviction, shall 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 at the discretion of the municipal court. Each and every violation shall constitute a separate offense.
