a. As used in this Section, “keg” is defined as a container designed and capable of holding six (6) or more gallons of malt beverage.
b. All retail licensees (herein after referred to as “licensee”) operating within the City of Bowling Green who sell malt beverages in kegs for consumption off the premises of the licensee shall attach a numbered identification tag or other device as provided by the City to each keg at the time of sale and shall require the purchaser to complete and sign a keg registration form for the keg stating the following:
1. The purchaser is of legal age to purchase, possess and use the malt beverage;
2. The purchaser is not purchasing the keg for resale and will not allow any person under the age of twenty-one (21) to consume the malt beverage;
3. The purchaser will not remove, obliterate or allow to be removed or obliterated the identification tag;
4. The purchaser will state the property address where the keg will be consumed and physically located and will notify the licensee in writing of a change of the property address where the keg will be physically located and consumed; and,
5. The purchaser is aware of his duty to maintain a copy of the keg registration form visible and readily accessible from the location of the keg.
c. The licensee shall obtain the name, address and telephone number of the purchaser and shall require the purchaser to produce a valid driver’s license number and, if that is not available, to produce at least one (1) other valid form of identification.
d. The licensee shall retain copies of the keg registration forms for a period of one (1) year and shall make the keg registration form available for inspection by State and City alcoholic beverage control officers and other enforcement officers.
e. The keg registration form shall be forwarded to the City Administrator within five (5) working days in all situations when the keg is not returned or is returned with the identification tag removed or obliterated.
f. The City Administrator is authorized to develop appropriate rules and regulations and to develop and make available forms for the identification tags and keg registration forms.
g. All licensees that sell or offer for sale kegs shall post on the licensed premises a notice provided by the City concerning the provisions of this Section.
h. It shall be unlawful for any licensee to sell or offer for sale kegs without the identification tags attached and the keg registration form completed. It shall also be unlawful for any person to remove or to obliterate the identification tag or to fail to have the declaration form visible and readily accessible from the location of the keg. It shall also be unlawful for the purchaser of the keg to file a false registration form or fail to comply with all of the requirements set out in the registration form. The penalties for violation of this Section shall be the penalties as set out in Subchapter 4-10 hereinbelow. In addition, licensees violating this Section shall be subject to appropriate alcoholic beverage control administrative remedies.
(Ord. BG98-43, 9/1/98; Ord. BG2011-14, 4/5/2011; Ord. BG2013-42, 12/3/2013)