[Adopted 6-20-2007 by Ord. No. 12-2007]
For purposes of this article:
Any brewery-sealed, single container that contains not less
than seven gallons of malt liquor.
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 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 § 194-16.
A.
A retailer 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 retailer required to retain records under § 194-18 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 § 194-18 may not knowingly make a false entry in the book or register required under that section. In a prosecution under this subsection, 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 § 194-17. No person may intentionally deface or damage the identification on a beer keg to make it unreadable.
