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New
York State has finally adopted a keg registration law that takes effect
on November 22, 2003. Under this law, all beer kegs (a beer keg is
defined as---any vessel containing four or more gallons of beer) must
have an identification label or tag attached. Section 2 of Chapter 192
specifies the authorized materials that may be used for such a tag and
the manner by which it must be affixed. The name shall include the name
and address of the retrial licensee, the name of the purchaser, and an
individual identification number assigned by the retailer for not less
than ninety days from the date of return.
Prior
to the retail sale of beer in a keg for off premise consumption, the
retail licensee shall have the purchaser sign a statement prepared by
the state liquor authority (SLA) under penalty of perjury, the accuracy
of the purchaser’s name and that the purchaser will not allow
consumption by persons under the age of 21. The retailer shall collect
a $75.00 registration deposit on each keg of beer. This deposit shall
be in addition to the price of the beer, taxes and any other deposit
required by the retailer. The retailer will then record:
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The name and address of the purchaser; |
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The identification number from the
purchaser’s proof of age; |
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The amount of the container deposit and
the registration deposit; |
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The date and time of the purchase; |
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The keg identification number. |
Upon
return of the keg with the identification label or tag, the deposit
shall be returned to the purchaser and the label or tag shall be
removed. The deposit is forfeited if the keg is returned without the
tag or label affixed. Furthermore, the deposit is forfeited on any keg
not returned within 30 days of purchase.
The
only person authorized to remove a label or tag are the retailer, a
licensed wholesaler, a peace officer or an agent of the state liquor
authority. Possession of a keg without the label or tag shall be subject
to a fine of $250.00 - $450.00. |