For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)   Beer. A beverage, containing more than 3.2 % alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.

(b)   Cereal Malt Beverage. Any fermented, but undistilled, liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 % alcohol by weight.

(c)   Keg. A reusable container of beer or cereal malt beverage having a liquid capacity of four or more gallons.

(d)   Legal Age For Consumption. Twenty-one years of age.

(e)   Person. Any natural person, corporation, partnership, limited liability company, trust or association.

(f)   Proper Proof Of Identification. A photographic motor vehicle operator’s license, a valid passport, a United States military identification card, a state photographic non-driver’s identification card, or other official or apparently official document, containing a photograph, signature and birth date of the person.

(g)   Retailer. A person who sells at retail, or offers for sale at retail, beer or cereal malt beverage for use or consumption and not for resale in any form, and includes sales of beer or cereal malt beverage in a keg returnable to the seller. Such terms shall not refer to or mean sales by a distributor or sales by one retailer to another.

(h)   Sell Or Sell At Retail. Sales of beer or cereal malt beverage for use or consumption and not for resale in any form, and includes sales of beer or cereal malt beverage in a keg returnable to the seller. Such terms shall not refer to or mean sales by a distributor or sales by one retailer to another.

A retailer, or retailer’s employee or agent, prior to or at the time of any sale at retail of a keg, shall:

(a)   Affix or cause to be affixed to the keg a keg identification tag, in accordance with the provisions of section 3-904 of this article;

(b)   Require the purchaser to exhibit proper proof of identification. If the purchaser fails to provide such proof of identification, the retailer shall refuse to sell the keg to such person;

(c)   Require the purchaser to sign a declaration and receipt for the keg in the form provided for in section 3-904 of this article;

(d)   Record on the declaration the keg identification tag number, the date of sale, the purchaser’s name and address, and the type, number and expiration date of the purchaser’s identification;

(e)   Inform the purchaser, that any deposit paid by the purchaser for the keg, if required, shall be forfeited if the keg is returned without the original keg identification tag intact and readable;

(f)   Require each purchaser of any such keg to acknowledge as part of the declaration that persons under 21 are not of legal age for consumption of beer or cereal malt beverage and that the declaration is subject to inspection by law enforcement personnel; and

(g)   Provide a copy of the declaration and receipt to the purchaser.

Any person who purchases a keg or the contents thereof shall:

(a)   Be of legal age to purchase, possess or use beer and cereal malt beverage;

(b)   Provide proof of identification and such other information as the retailer may require in accordance with section 3-902 of this article;

(c)   Sign a declaration and receipt in the form required by section 3-902 of this article;

(d)   Not allow any person under the age of 21 to consume the keg contacts except as allowed by law;

(e)   Not remove, obliterate or allow to be removed or obliterated, the keg identification tag required by section 3-902 of this article; and

(f)   Maintain a copy of the declaration and receipt with the keg during the time the keg is in the purchaser’s possession or control.

(a)   The keg identification tag required under this article shall be in the form of a uniquely numbered and coded tag or label, prescribed and furnished by the City Clerk. Such tag or label is used for a single sale of the marked keg and is to be removed from the keg by the retailer upon return of the keg to the retail seller and maintained with the records of the sale. Such tags shall be fabricated and made attachable in such a manner as to make the tag removable for the purpose of the cleaning and reusing the keg by a manufacturer.

(b)   The declaration and receipt required shall be on a form prescribed and furnished by the City Clerk and shall include the information as required by section 3-902 and 3-903, and may include such other identifying information as the City Clerk may deem necessary and appropriate.

(c)   Retailers may apply for and receive keg identification tags and declaration and receipt forms from the City Clerk upon submittal of an application on a form as prescribed by the City Clerk and such proof as may be required by the City Clerk that the applicant is duly licensed to sell beer or cereal malt beverages in a keg. The City Clerk may charge a reasonable fee for furnishing the tags and forms required by this article not to exceed the actual cost of furnishing such tags and forms.

(d)   The retailer shall retain a copy of all such declarations and receipts required on the retailer’s licensed premises for a period of six months. Such declarations and receipts shall be available for inspection and copying by any law enforcement officer during normal business hours for the purpose of identifying persons suspected of a violation of law.

(e)   Falsifying any information on a declaration and receipt shall be a violation of this section.

No retailer may refund any deposit upon return of a keg that:

(a)   Does not have the required identification tag; or

(b)   Has an identification tag that has been defaced to the extent that the information contained on the tag cannot be read.

(a)   It shall be unlawful for any person to:

(1)   Remove from a keg all or pan of a keg identification tag required pursuant to this article;

(2)   Deface a keg identification tag to the extent the information contained on the tag cannot be read;

(3)   Fail to return a keg within ten days of the due date; or

(4)   Possess a keg that does not have the keg identification tag.

(b)   Provided that the provisions of this section shall not apply to a manufacturer, distributor or retailer, and subsection (a)(4) above shall not apply to any person who finds a discarded keg on such person’s property.