Bill Text: NY S00576 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires a refundable deposit on kegs and taps.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00576 Detail]

Download: New_York-2019-S00576-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           576
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        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:
     1    Section  1.  The alcoholic beverage control law is amended by adding a
     2  new section 105-c to read as follows:
     3    § 105-c. Registration of bulk retail sales of  beer  for  off-premises
     4  consumption.    1.  Definition.  As used in this section, the term "keg"
     5  shall mean a vessel containing four or more gallons of beer.
     6    2. No person licensed to sell beer at retail for off-premises consump-
     7  tion pursuant to this chapter shall sell such beer  by  the  keg  unless
     8  such  keg shall have an identification label or tag attached thereto. An
     9  identification label or tag  shall  consist  of  paper  within  a  clear
    10  protective  coating,  plastic, metal or another durable material that is
    11  not easily damaged or destroyed.  Identification labels used may contain
    12  a nonpermanent adhesive material in order to apply the label directly to
    13  an outside surface of a keg at the time  of  sale.  Identification  tags
    14  shall  be  attached  to  the  keg at the time of sale with nylon ties or
    15  cording, wire ties or other metal attachment devices, or another durable
    16  means of tying or attaching the tag to the  keg.    Such  identification
    17  label  or  tag  shall  be  designed  so that when affixed to a keg, such
    18  labels or tags will not mar or  otherwise  physically  damage  the  keg.
    19  Such  identification  label or tag shall include the name and address of
    20  the retail licensee, the name of the purchaser, and an individual  iden-
    21  tification number assigned by the retailer that uniquely identifies such
    22  keg.  The  identification  label  or  tag shall be kept on file with the
    23  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.
                                                                   LBD02706-01-9
        S. 576                              2
     1    3. Prior to the retail sale of beer in bulk by the keg for off-premis-
     2  es consumption, the retail licensee shall cause the purchaser thereof to
     3  sign a statement promulgated by the authority attesting under the penal-
     4  ty of perjury the accuracy of the purchaser's name as shown on the iden-
     5  tification  label or tag, and that the purchaser will not allow consump-
     6  tion of any of the beer in the keg in violation  of  the  provisions  of
     7  sections  sixty-five-a,  sixty-five-b  and sixty-five-c of this chapter,
     8  and section 260.20 of the penal law.  The licensee shall also record:
     9    (a) the name and address of the purchaser;
    10    (b) the identification card number  from  the  purchaser's  acceptable
    11  documentation  of age as provided in paragraph (b) of subdivision two of
    12  section sixty-five-b of this chapter;
    13    (c) the amount of the container deposit and the registration deposit;
    14    (d) the date and time of the purchase; and
    15    (e) the keg identification number required under  subdivision  two  of
    16  this section.
    17    4. All such records and statements shall be maintained by the licensee
    18  for  a  period  of ninety days from the date of return.  Such record and
    19  statements shall remain open to inspection by authorized agents  of  the
    20  authority  and  law  enforcement  officers  during the licensee's normal
    21  business hours.
    22    5. Upon the retail sale of beer by the keg for  off-premises  consump-
    23  tion,  the  retail  licensee  shall  collect a fifty dollar registration
    24  deposit on each keg of beer purchased. The registration deposit shall be
    25  collected in addition to the purchase price of the beer,  taxes  thereon
    26  and  any  other  deposit collected by the licensee. Upon the return of a
    27  keg to such licensee with the identification label or  tag  intact,  the
    28  registration  deposit  shall be returned to the purchaser and the retail
    29  licensee shall remove such label or tag from each such keg.  The  regis-
    30  tration deposit on each keg returned without the identification label or
    31  tag  required  by  this  section  shall be forfeited.   The registration
    32  deposit upon any keg not returned to the retail licensee  within  thirty
    33  days of the date of purchase shall be forfeited.
    34    6.  In  addition to the deposit collected pursuant to subdivision five
    35  of this section, the retail licensee shall collect a twenty-five  dollar
    36  deposit  on  each  tap  provided  to  a  customer.  The deposit shall be
    37  collected in addition to the purchase price of the beer, taxes  thereon,
    38  and any other deposit collected by the licensee. Upon the return of such
    39  tap,  the  deposit  provided pursuant to this subdivision shall be imme-
    40  diately returned to the customer. The deposit for any tap  not  returned
    41  within thirty days from the date of purchase shall be forfeited.
    42    7.  No  person other than the licensee, a licensed wholesaler, a peace
    43  officer, or an agent of the authority may intentionally remove an  iden-
    44  tification  label  or  tag placed on a keg. The possession of a beer keg
    45  without an identification label or tag or with a damaged label or tag in
    46  violation of this section, or the removal or damage of an identification
    47  label or tag in violation of this section shall be subject to a fine  of
    48  no  less than two hundred fifty dollars nor more than four hundred fifty
    49  dollars.
    50    8. The authority is authorized to promulgate any rules and regulations
    51  necessary to implement the provisions of this section.    The  authority
    52  shall  make readily available to licensees any keg identification labels
    53  or tags required by subdivision one of this  section  for  the  cost  of
    54  manufacturing such tags or labels.
    55    § 2. This act shall take effect on the one hundred twentieth day after
    56  it shall have become a law.