As used in this section, "keg" is defined as a container designed and capable of holding six (6) or more gallons of malt beverage.
All retail licensees (herein after referred to as "licensee") operating within the City of Danville who sell malt beverages in kegs for consumption off the premises of the licensee shall attach a numbered identification tag or other device as provided by the City to each keg at the time of sale and shall require the purchaser to complete and sign a keg registration form for the keg stating the following:
- The purchaser is of legal age to purchase, possess and use the malt beverage,
- The purchaser is not purchasing the keg for resale and will not allow any person under the age of twenty-one (21) to consume the malt beverage,
- The purchaser will not remove, obliterate or allow to be removed or obliterated the identification tag,
- The purchaser will state the property address where the keg will be consumed and physically located; and,
- The purchaser is aware of his/duty to maintain a copy of the keg registration form visible and readily accessible from the location of the keg.
The licensee shall obtain the name, address and telephone number of the purchaser and shall require the purchaser to produce a valid driver's license number and, if that is not available, to produce at least one other valid form of identification.
The licensee shall retain copies of the keg registration forms for a period of one year and shall make the keg registration form available for inspection by state and local alcoholic beverage control officers and other enforcement officers.
The keg registration form shall be forwarded to the City Administrator within five (5) working days in all situations when the keg is not returned or is returned with the identification tag removed or obliterated.
The City Administrator is authorized to develop appropriate rules and regulations and to develop and make available forms for the identification tags and keg registration forms.
All licensees that sell or offer for sale kegs shall post on the licensed premises a notice provided by the City concerning the provisions of this section.
Sec. 9.8 It shall be unlawful for any licensee to sell or offer for sale kegs without the identification tags attached and the keg registration form completed. It shall also be unlawful for any person to remove or to obliterate the identification tag or to fail to have the declaration form visible and readily accessible from the location of the keg.
The penalties for violation of this section shall be the penalties as set out in Article XI, Section 11.2 of this Ordinance. In addition, licensees violating this section shall be subject to appropriate alcoholic beverage control administrative remedies.
ARTICLE XI. PENALTIES
Any person, firm or corporation who violates any of the provisions of this Ordinance, for which no other penalty is hereby provided, shall, for the first offense, be fined not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) or imprisoned in the county jail for not more than six (6) months, or both, and for the second and each subsequent violation, he shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) or imprisoned in the county jail for not more than six months, or both. The penalties provided for in this subsection shall be in addition to the revocation or suspension of the offender's license. If the offender is a corporation, LLC, joint stock company, association or other business organization, or a fiduciary, the principal officer or officers responsible for the violation may be imprisoned.