S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3971
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens. KENNEDY, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   registration of kegs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The alcoholic beverage control law is amended by adding a
 new section 105-c to read as follows:
   § 105-C. REGISTRATION OF BULK RETAIL SALES OF  BEER  FOR  OFF-PREMISES
 CONSUMPTION.    1.  DEFINITION.  AS USED IN THIS SECTION, THE TERM "KEG"
 SHALL MEAN A VESSEL CONTAINING FOUR OR MORE GALLONS OF BEER.
   2. NO PERSON LICENSED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMP-
 TION PURSUANT TO THIS CHAPTER SHALL SELL SUCH BEER  BY  THE  KEG  UNLESS
 SUCH  KEG SHALL HAVE AN IDENTIFICATION LABEL OR TAG ATTACHED THERETO. AN
 IDENTIFICATION LABEL OR TAG  SHALL  CONSIST  OF  PAPER  WITHIN  A  CLEAR
 PROTECTIVE  COATING,  PLASTIC, METAL OR ANOTHER DURABLE MATERIAL THAT IS
 NOT EASILY DAMAGED OR DESTROYED.  IDENTIFICATION LABELS USED MAY CONTAIN
 A NONPERMANENT ADHESIVE MATERIAL IN ORDER TO APPLY THE LABEL DIRECTLY TO
 AN OUTSIDE SURFACE OF A KEG AT THE TIME  OF  SALE.  IDENTIFICATION  TAGS
 SHALL  BE  ATTACHED  TO  THE  KEG AT THE TIME OF SALE WITH NYLON TIES OR
 CORDING, WIRE TIES OR OTHER METAL ATTACHMENT DEVICES, OR ANOTHER DURABLE
 MEANS OF TYING OR ATTACHING THE TAG TO THE  KEG.    SUCH  IDENTIFICATION
 LABEL  OR  TAG  SHALL  BE  DESIGNED  SO THAT WHEN AFFIXED TO A KEG, SUCH
 LABELS OR TAGS WILL NOT MAR OR  OTHERWISE  PHYSICALLY  DAMAGE  THE  KEG.
 SUCH  IDENTIFICATION  LABEL OR TAG SHALL INCLUDE THE NAME AND ADDRESS OF
 THE RETAIL LICENSEE, THE NAME OF THE PURCHASER, AND AN INDIVIDUAL  IDEN-
 TIFICATION NUMBER ASSIGNED BY THE RETAILER THAT UNIQUELY IDENTIFIES SUCH
 KEG.  THE  IDENTIFICATION  LABEL  OR  TAG SHALL BE KEPT ON FILE WITH THE
 LICENSEE FOR NOT LESS THAN NINETY DAYS FROM THE DATE OF RETURN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06975-01-1
              

 S. 3971                             2
 
   3. PRIOR TO THE RETAIL SALE OF BEER IN BULK BY THE KEG FOR OFF-PREMIS-
 ES CONSUMPTION, THE RETAIL LICENSEE SHALL CAUSE THE PURCHASER THEREOF TO
 SIGN A STATEMENT PROMULGATED BY THE AUTHORITY ATTESTING UNDER THE PENAL-
 TY OF PERJURY THE ACCURACY OF THE PURCHASER'S NAME AS SHOWN ON THE IDEN-
 TIFICATION  LABEL OR TAG, AND THAT THE PURCHASER WILL NOT ALLOW CONSUMP-
 TION OF ANY OF THE BEER IN THE KEG IN VIOLATION  OF  THE  PROVISIONS  OF
 SECTIONS  SIXTY-FIVE-A,  SIXTY-FIVE-B  AND SIXTY-FIVE-C OF THIS CHAPTER,
 AND SECTION 260.20 OF THE PENAL LAW.  THE LICENSEE SHALL ALSO RECORD:
   (A) THE NAME AND ADDRESS OF THE PURCHASER;
   (B) THE IDENTIFICATION CARD NUMBER  FROM  THE  PURCHASER'S  ACCEPTABLE
 DOCUMENTATION  OF AGE AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION TWO OF
 SECTION SIXTY-FIVE-B OF THIS CHAPTER;
   (C) THE AMOUNT OF THE CONTAINER DEPOSIT AND THE REGISTRATION DEPOSIT;
   (D) THE DATE AND TIME OF THE PURCHASE; AND
   (E) THE KEG IDENTIFICATION NUMBER REQUIRED UNDER  SUBDIVISION  TWO  OF
 THIS SECTION.
   4. ALL SUCH RECORDS AND STATEMENTS SHALL BE MAINTAINED BY THE LICENSEE
 FOR  A  PERIOD  OF NINETY DAYS FROM THE DATE OF RETURN.  SUCH RECORD AND
 STATEMENTS SHALL REMAIN OPEN TO INSPECTION BY AUTHORIZED AGENTS  OF  THE
 AUTHORITY  AND  LAW  ENFORCEMENT  OFFICERS  DURING THE LICENSEE'S NORMAL
 BUSINESS HOURS.
   5. UPON THE RETAIL SALE OF BEER BY THE KEG FOR  OFF-PREMISES  CONSUMP-
 TION,  THE  RETAIL  LICENSEE  SHALL  COLLECT A FIFTY DOLLAR REGISTRATION
 DEPOSIT ON EACH KEG OF BEER PURCHASED. THE REGISTRATION DEPOSIT SHALL BE
 COLLECTED IN ADDITION TO THE PURCHASE PRICE OF THE BEER,  TAXES  THEREON
 AND  ANY  OTHER  DEPOSIT COLLECTED BY THE LICENSEE. UPON THE RETURN OF A
 KEG TO SUCH LICENSEE WITH THE IDENTIFICATION LABEL OR  TAG  INTACT,  THE
 REGISTRATION  DEPOSIT  SHALL BE RETURNED TO THE PURCHASER AND THE RETAIL
 LICENSEE SHALL REMOVE SUCH LABEL OR TAG FROM EACH SUCH KEG.  THE  REGIS-
 TRATION DEPOSIT ON EACH KEG RETURNED WITHOUT THE IDENTIFICATION LABEL OR
 TAG  REQUIRED  BY  THIS  SECTION  SHALL BE FORFEITED.   THE REGISTRATION
 DEPOSIT UPON ANY KEG NOT RETURNED TO THE RETAIL LICENSEE  WITHIN  THIRTY
 DAYS OF THE DATE OF PURCHASE SHALL BE FORFEITED.
   6.  IN  ADDITION TO THE DEPOSIT COLLECTED PURSUANT TO SUBDIVISION FIVE
 OF THIS SECTION, THE RETAIL LICENSEE SHALL COLLECT A TWENTY-FIVE  DOLLAR
 DEPOSIT  ON  EACH  TAP  PROVIDED  TO  A  CUSTOMER.  THE DEPOSIT SHALL BE
 COLLECTED IN ADDITION TO THE PURCHASE PRICE OF THE BEER, TAXES  THEREON,
 AND ANY OTHER DEPOSIT COLLECTED BY THE LICENSEE. UPON THE RETURN OF SUCH
 TAP,  THE  DEPOSIT  PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE IMME-
 DIATELY RETURNED TO THE CUSTOMER. THE DEPOSIT FOR ANY TAP  NOT  RETURNED
 WITHIN THIRTY DAYS FROM THE DATE OF PURCHASE SHALL BE FORFEITED.
   7.  NO  PERSON OTHER THAN THE LICENSEE, A LICENSED WHOLESALER, A PEACE
 OFFICER, OR AN AGENT OF THE AUTHORITY MAY INTENTIONALLY REMOVE AN  IDEN-
 TIFICATION  LABEL  OR  TAG PLACED ON A KEG. THE POSSESSION OF A BEER KEG
 WITHOUT AN IDENTIFICATION LABEL OR TAG OR WITH A DAMAGED LABEL OR TAG IN
 VIOLATION OF THIS SECTION, OR THE REMOVAL OR DAMAGE OF AN IDENTIFICATION
 LABEL OR TAG IN VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A FINE  OF
 NO  LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN FOUR HUNDRED FIFTY
 DOLLARS.
   8. THE AUTHORITY IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.    THE  AUTHORITY
 SHALL  MAKE READILY AVAILABLE TO LICENSEES ANY KEG IDENTIFICATION LABELS
 OR TAGS REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  FOR  THE  COST  OF
 MANUFACTURING SUCH TAGS OR LABELS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.