A. No licensee shall sell alcoholic liquor in a keg without first having obtained the signature of the purchaser on an adult responsibility form provided by the city. The licensee shall retain one copy of the form and provide one (1) copy of the form to the purchaser. The licensee shall retain copies of all such forms for a period of not more than one year from the date of sale, and will be able to produce any or all forms for inspection by the liquor control commissioner, his or her designee, or police officers.
B. Any person who purchases alcoholic liquor in a keg from a licensee in the city must sign an adult responsibility form provided by the licensee/seller at the time and point of sale. The form shall contain the following:
1. The licensee’s name, address and phone number;
2. The purchaser’s name, address and phone number;
3. The driver’s license number or other identification used by the licensee to identify the purchaser;
4. The location where the keg is to be used;
5. The date and signature of the purchaser; and
6. The following statement:
As purchaser of keg(s) of alcohol, I understand, that I am responsible for the proper use of the contents of the keg.
I understand that the legal drinking age in Princeton is 21 and that the contents of the keg will not be furnished to any person under the age of 21.
I understand that I am required to keep a copy of this adult responsibility form with the keg at all times and to provide a copy to the police upon request.
I understand that if I do not produce a copy of this form when requested by police, or if the contents of the keg(s) is sold or furnished to a minor, I will be held to have violated a city ordinance.
C. Any person who purchases alcoholic liquor in a keg(s) in another jurisdiction other than the city shall sign an adult responsibility form as required in that jurisdiction.
D. Any person in possession of a keg(s) containing alcoholic liquor shall keep any required adult responsibility form(s) in the same location as the keg at all times and shall have the form readily available for inspection until the keg(s) is returned to the licensee.
E. It shall be unlawful for any person or licensed liquor retailer to possess a keg(s) containing alcohol in the city in a manner other than as provided by this section.
F. Presumptions are as follows:
1. If a keg(s) is found to be on any residential premises, and no adult responsibility form is produced, there shall be a rebuttable presumption that any resident of the building or dwelling unit in which the keg(s) is found is in possession of the keg(s) in violation of this section. A person so charged shall have the burden of proving that he or she did not have unlawful possession of the keg(s).
2. If any keg(s) is used in the unlawful sale of alcohol, there shall be a rebuttable presumption that the person signing the adult responsibility form is responsible for the unlawful sale of alcohol. The city shall have the burden of proving that the keg(s) was used in the unlawful sale of alcohol and the defendant was the person signing the adult responsibility form. The defendant shall have the burden of proving that he or she had no knowledge of the unlawful sale of alcohol and took reasonable means to prevent the unlawful sale of alcohol.
3. If any keg(s) is used in the unlawful furnishing of alcohol to a minor, there shall be a rebuttable presumption that the person signing the adult responsibility form is responsible for the unlawful furnishing of alcohol to a minor. The city shall have the burden of proving that the keg(s) was used in the unlawful furnishing of alcohol to a minor and the defendant was the person signing that adult responsibility form. The defendant shall have the burden to prove that he or she had no knowledge of the unlawful furnishing of alcohol and took reasonable means to prevent the unlawful furnishing of alcohol.
4. No person shall transport alcoholic liquor stored in a keg(s) on any public street between the hours of ten o’clock (10:00) p.m. and five o’clock (5:00) a.m. unless such person holds a distributor’s license from the state. No license holder shall sell a keg(s) after ten o’clock (10:00) p.m.
5. Any person violating any provisions of this section, upon conviction, shall be fined not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day upon which a violation occurs shall be considered a separate and distinct offense.
(1989 Code § 7-348) (Ord. O-19-011, 6-17-2019)