NEVADA – The Story County Board of Supervisors on Tuesday passed a motion to remove ordinance No. 141, the old version of the keg ordinance, from the Board’s table and open discussion of an updated keg ordinance proposal.

Responding to a recommendation from Story County Attorney Steve Holmes, supervisors will consider a new draft ordinance similar to the one proposed last spring. The ordinance would require keg buyers to register and provide identification when purchasing keg alcohol; retailers would also have to maintain purchase logs and track individual kegs through a labeling system.

“In its place we will be considering a new and updated ordinance proposal. The issue will still very much be before us,” said Supervisor Jane Halliburton.

Holmes changed his original proposal, which had been considered last spring by the Board two of the three times necessary to make it a county law, and presented a draft of the new ordinance to the supervisors during their weekly meeting.

One change includes an increased cost for keg deposits. Currently, a $15 deposit accompanies the purchase of a keg. Holmes suggested the deposit be raised to $50.

“Fifteen dollars is not a lot of money and if there is not an incentive to return kegs, you can see the potential problem of compliance,” he said.

Holmes said he also proposed a 60-day limit be set to enforce keg returns because of concern expressed by retailers. Individuals not complying would face simple misdemeanor charges.

Holmes said a practical concern he faced while drafting the new proposal included what type of tracking label should be used.

After talking to keg distributors and label manufacturers, Holmes suggested retailers be responsible for marking each container, a move that would lessen the potential of labels falling off.

Holmes said other members of the public have expressed concerns that the ordinance will make it easier for law enforcement officers to use retailers’ logs in a preemptive fashion and keep restraints on parties by accessing log books before patrolling for parties.

The ordinance is not designed to be used as a tool for law enforcement to spy or encroach on people who buy keg alcohol, Holmes said. It will be used as a tracking device so when a crime is committed, the persons responsible can be held accountable.

He said, however, he opposed adding language to the ordinance preventing police from immediately accessing logs.

“I have a concern constructing a document that would, in essence, establish a privacy right for consumers,” Holmes said. “There are no consumer privacy rights.”

For example, retailers who ask for a consumer’s ZIP code, in turn, may sell it to marketers, he said.

“This ordinance makes it a requirement for retailers to record a buyer’s information. Before, how and if information was kept was up to [the retailer],” Holmes said. “The Keg Shop has kept phenomenal records and those records have always been accessible to police. Students don’t understand that retailers like the Keg Shop have always been compliant to police’s requests.”

Story County’s ordinance could be used as the model for other areas; Polk County officials have already contacted Holmes.

“Surrounding counties are interested and have indicated that as soon as I finalize the ordinance, they want copies,” he said.

Holmes said he predicts the ordinance could be passed as soon as the beginning of November.