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KEG REGISTRATION ORDINANCE
Section 1.
Definitions.
a. Keg.
Container of alcoholic beverage of two gallon volume or more
intended or used for
retail sale and off-site consumption.
b.
Purchaser. Any person or entity who proposes to or actually
buys or is otherwise
transferred possession of a keg by a retailer.
c. Label.
Registration label issued to Seller by the Shelby County Auditor containing a
Shelby County registration number and applicable warnings.
d.
Registration number. The unique identification number
assigned to a keg.
e.
Registration record. Forms and other related documents
maintained by Seller of the
registration number, purchaser’s name, address and
identification number, and return
information for each keg.
f. Seller.
Any retail person, entity or establishment who sells or
otherwise transfers
possession of a keg to any Purchaser.
Section 2.
Registration Requirements.
a. Seller shall
obtain registration labels from the Shelby County Auditor’s
Office.
b. The Auditor
shall issue consecutively numbered labels only to licensed alcoholic
beverage retailers, and shall maintain a record of each Seller
to whom each label is
distributed.
c. Seller shall
assign, record and attach to each keg a label containing a registration
number. The label shall be attached to the keg prior to the
time of delivery to
Purchaser, and shall contain a prominent warning that it is
illegal to alter, damage or
remove the label from the keg.
d. Purchaser
shall provide photographic identification, name, address and individual
identification number to Seller prior to purchase or transfer of
the keg.
e. Seller shall
verify and record Purchaser’s name, address, individual identification
number, keg identification number and the keg return date.
f. Purchaser
shall return the keg to Seller on or before the return date
specified, and the label
shall be intact, legible and undamaged.
g. Seller shall
record in the registration record the date on which the keg is returned, by
whom, and the condition of the label or absence thereof.
h. Seller shall
remove the label immediately after return and maintain the label with the keg
registration log for a period of 12 months.
Section 3.
Redistribution of registration record.
Seller shall provide keg
registration records at the request of any law enforcement
officer, and said records may be used in criminal or civil legal
proceedings.
Section 4.
Unlawful Keg Possession.
No person shall possess a
keg purchased or sold in a retail sales transaction in Shelby
County, Iowa, without an intact, legible and undamaged label
attached thereto.
Section 5.
Alteration, Destruction or Removal of a Keg Label.
No person shall alter,
damage, destroy or remove a label from a keg.
Section 6.
Applicability.
Sections 4 and 5 are not
applicable to retailer or retailer’s employees complying with
the other provisions of this ordinance, nor to wholesalers,
retailers or their employees who are possessing or transferring
kegs in the course of the performance of their job duties.
Section 7.
Penalties.
Violation of this ordinance
constitutes a simple misdemeanor, punishable by a fine of at
least $50 and not more than $500, and by up to 30 days in jail.
Section 8.
Severability Clause.
If any of the provisions of
this ordinance are for any reason illegal or void, then the
lawful provisions of this document, that are separable from the
unlawful provision, shall be and remain in full force and
effect, the same as if the ordinance contained no illegal or
void provisions.
Section 9.
Effective Date.
This ordinance shall be effective on July 1, 2006, after its
final passage, approval and publication as provided by law.
Passed and approved by the
Board of Supervisors of Shelby County this 23rd day
of May, 2006.
SHELBY COUNTY BOARD OF SUPERVISORS |
