An Act concerning the sale of alcoholic beverages, amending P.L.1991, c.9 and supplementing chapter 1 of Title 33 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 5 of P.L.1991, c.9 (C.33:1-12.44) is amended to read as follows:

5. If an educational program is established by the director pursuant to section 4 of this act, the director shall by regulation determine:

a. The person or persons who may attend the educational programs as designees of the licensee;

b. The dates and geographic locations at which the programs shall be offered;

c. The penalties for failure to successfully complete the educational requirements;

d. The curriculum for the educational programs, including information on registering kegs pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), and the instructors or lecturers who shall conduct the programs; and

e. Registration fees to be charged licensees for attending initial and supplemental training programs.

(cf: P.L.1991, c.9, s.5)

2. (New section) a. As used in this section:

"Keg" means any brewery-sealed, individual container of chilled draught malt alcoholic beverage having a liquid capacity of at least 7.75 fluid gallons.

"Keg registration seal" means a seal, decal, sticker, or other device of a form approved by the director which is designed to be affixed to a keg and displays a registration number, name of the licensee offering the keg for sale to the consumer, and any other information required by the director.

"Licensee" means any person, corporation or entity licensed under R.S.33:1-11 or R.S.33:1-12.

b. A licensee or agent or employee of the licensee shall not sell any keg to a consumer without having affixed a keg registration seal on the keg at the time of sale.

c. At the point of sale of a keg, the licensee or agent or employee shall complete a keg declaration of receipt form which shall contain the following information:

(1) The keg registration seal number;

(2) The telephone number of the consumer;

(3) The name and address of the consumer verified by a valid identification document;

(4) The type and registration number of the identification presented by the consumer; and

(5) A statement signed by the consumer stating that:

(a) The consumer is 21 years of age or older;

(b) The consumer does not intend to allow persons under 21 years of age to illegally consume any of the alcoholic beverage purchased; and

(c) The consumer shall not remove or destroy the keg registration seal affixed to the keg or allow its removal or destruction.

d. At the point of sale, the licensee or agent or employee of the licensee shall collect a deposit of $50 from the consumer. The deposit shall be returned to the consumer when the keg is returned to the licensee or agent or employee of the licensee. The consumer shall forfeit the deposit if the keg registration seal on the returned keg is destroyed or removed prior to the return of the keg.

e. Upon return of a registered keg from a consumer, the licensee or agent or employee shall remove or destroy the keg registration seal and note the date of removal or destruction on the keg declaration of receipt form to be retained by the licensee. If a keg is made of disposable packaging that does not have to be returned by the consumer to the licensee, the licensee or agent or employee shall indicate on the keg declaration of receipt form that the keg is disposable.

f. A licensee shall maintain the keg declaration of receipt form for two years following the date of purchase. These records shall be open at all reasonable times for inspection by the director, the director's authorized representatives, or other law enforcement officers. Except as specifically required by this subsection, a licensee shall not sell, distribute or otherwise release records required to be kept by this act.

g. This section shall not apply to the wholesale sale of any keg between a wholesaler and a retailer or to the import of any keg by a retailer under this title or regulations promulgated hereunder.

h. A person who is not a licensee, or agent or employee of a licensee, acting in the ordinary course of business, shall not remove or make unreadable a keg registration seal or possess a keg required by this act to be registered that is not affixed with a keg registration seal.

i. It shall be a petty disorderly persons offense for a person to violate any provision of this section.

j. The director shall adopt rules and regulations to effectuate the purposes of this act.

3. This act shall take effect on the first day of the sixth month following enactment.

STATEMENT

The purpose of this bill is to create a system whereby a beer keg can be traced to the adult who purchased it.

The bill requires that all kegs that are sold by retailers to consumers be affixed with a keg registration seal which displays a registration number and the name of the licensee offering the keg for sale to the consumer.

Under the bill, at the point of retail sale of a keg, the seller shall complete a keg declaration of receipt form which shall contain the following information: the keg registration seal number, the consumer's telephone number, the name and address of the consumer verified by a valid identification document, and the type and registration number of the identification presented by the consumer. The keg declaration of receipt form shall also contain a statement signed by the consumer stating that the consumer is 21 years of age or older, does not intend to allow persons under 21 years of age to illegally consume any of the alcoholic beverage purchased, and will not remove or destroy the keg registration seal affixed to the keg or allow its removal or destruction. The seller would maintain the keg declaration of receipt form for two years following the date of purchase. The information collected could only be released to the Director of the Division of Alcoholic Beverage Control, the director's authorized representatives, or other law enforcement officers.

A seller would also be required to collect a $50 deposit from the consumer for each keg. The deposit would be forfeited if the keg is not returned with the keg registration seal attached.

The bill would make it unlawful for any person who is not a licensee, or agent or employee of a licensee, acting in the ordinary course of business, to remove or make unreadable a keg registration seal or possess a keg required to be registered that is not affixed with a keg registration seal. A violation of the provisions of the bill would be a petty disorderly persons offense. Petty disorderly persons offenses are punishable by a fine not exceeding $500, imprisonment for up to 30 days, or both.

Finally, the bill would require information about keg registration to be included in licensee education courses.

The bill would not apply to the wholesale sale of any keg between a wholesaler and a retailer or to the import of any keg by a retailer.