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§ 3-804 SAME; PERMIT REGULATIONS.
   (a)   No special event permit holder shall allow the serving of CMB between the hours of 12:00 a.m. and 6:00 a.m. at any event for which a special event permit has been issued.
   (b)   No CMB shall be given, sold or traded to any person under 21 years of age.
   (c)   No more than four special event permits may be issued in a calendar year to the same applicant.
   (d)   No special event permit issued hereunder may be transferred or assigned to any other vendor.
   (e)   All local ordinances and state statutes for the sale and consumption of CMB apply to holders of special event permits.
(K.S.A. 41-2703)
ARTICLE 9: KEG REGISTRATION
Section
   3-901   Definitions
   3-902   Retailer duties
   3-903   Purchaser requirements
   3-904   Identification requirements
   3-905   Deposit refund
   3-906   Violations
§ 3-901 DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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.
   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.
   KEG. A reusable container of beer or cereal malt beverage having a liquid capacity of four or more gallons.
   LEGAL AGE FOR CONSUMPTION. Twenty-one years of age.
   PERSON. Any natural person, corporation, partnership, limited liability company, trust or association.
   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.
   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.
   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.
§ 3-902 RETAILER DUTIES.
   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 § 3-904;
   (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 § 3-904;
   (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.
§ 3-903 PURCHASER REQUIREMENTS.
   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 § 3-902;
   (c)   Sign a declaration and receipt in the form required by § 3-902;
   (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 § 3-902; 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.
§ 3-904 IDENTIFICATION REQUIREMENTS.
   (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 §§ 3-902 and 3-903 thereof, 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.
§ 3-905 DEPOSIT REFUND.
   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.
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