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House File 677 - ReprintedA Bill ForAn Act 1relating to native winery and native brewery retail
2alcohol licenses.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.3, subsection 45, Code 2023, is
2amended to read as follows:
345. “Retail alcohol license” means a class “B”, class “C”,
4special class “C”, class “D”, class “E”, or class “F” retail
5alcohol license, or a special class “B” or special class “C”
6 retail native wine license issued under this chapter.
7 Sec. 2. Section 123.30, subsection 3, paragraph a,
8subparagraph (1), subparagraph division (c), Code 2023, is
9amended to read as follows:
10(c) The holder of a class “B” retail alcohol license may
11sell beer to class “C”, special class “C”, special class “C”
12retail native license, class “D”, and class “F” retail alcohol
13licensees for resale for consumption on the premises. Such
14beer sales shall be in quantities of not more than five cases
15of beer, high alcoholic content beer, and canned cocktails,
16but not more than one such sale shall be made to the same
17retail alcohol licensee in a twenty-four-hour period. A class
18“A” beer permittee shall be held harmless concerning any beer
19resold as authorized by this subparagraph division.
20 Sec. 3. Section 123.30, subsection 3, paragraph b, Code
212023, is amended by adding the following new subparagraph:
22 NEW SUBPARAGRAPH. (3) A special class “C” retail native
23wine license shall authorize the holder to sell beer and native
24wine as provided in section 123.31C.
25 Sec. 4. Section 123.30, subsection 3, paragraph d,
26subparagraph (4), Code 2023, is amended to read as follows:
27(4) The holder of a class “E” retail alcohol license may
28sell beer to class “C”, special class “C”, special class “C”
29retail native license, class “D”, and class “F” retail alcohol
30licensees for resale for consumption on the premises. Such
31beer sales shall be in quantities of not more than five cases
32of beer, high alcoholic content beer, and canned cocktails,
33but not more than one such sale shall be made to the same
34retail alcohol licensee in a twenty-four-hour period. A class
35“A” beer permittee shall be held harmless concerning any beer
-1-1resold as authorized by this subparagraph.
2 Sec. 5. NEW SECTION. 123.31C Authority under special class
3“C” retail native wine license.
41. A person holding a special class “C” retail native
5wine license may sell beer and native wine only at retail for
6consumption on or off the premises. Sales of beer and native
7wine for consumption off the premises made pursuant to this
8section shall be made in original containers except as provided
9in subsection 5.
102. A special class “C” retail native wine licensee having
11more than one place of business where wine is sold and served
12shall obtain a separate permit for each place of business.
133. A person holding a special class “C” retail native wine
14license may purchase wine for resale only from a native winery
15holding a class “A” wine permit.
164. A person holding a special class “C” retail native wine
17license may purchase beer as follows:
18a. From class “A” beer permittees.
19b. From class “B” retail alcohol licensees or class “E”
20retail alcohol licensees in quantities of not more than
21five cases of beer, high alcoholic content beer, and canned
22cocktails, but not more than one such purchase shall be made by
23the licensee in a twenty-four-hour period. A class “A” beer
24permittee shall be held harmless concerning any beer resold as
25authorized by this subsection.
265. Subject to the rules of the department, sales made
27pursuant to this section may be made in a container other
28than the original container only if all of the following
29requirements are met:
30a. The beer or native wine is transferred from the original
31container to the container to be sold on the licensed premises
32at the time of sale or when sold by telephonic or other
33electronic means.
34b. The person transferring the beer or native wine from
35the original container to the container to be sold shall be
-2-1eighteen years of age or more.
2c. The container to be sold shall be no larger than
3seventy-two ounces.
4d. The container to be sold shall be securely sealed by a
5method authorized by the department that is designed so that if
6the sealed container is reopened or the seal tampered with, it
7is visibly apparent that the seal on the container of beer or
8native wine has been tampered with or the sealed container has
9otherwise been reopened.
106. A container of beer or native wine other than the
11original container that is sold and sealed in compliance
12with the requirements of subsection 5 and the rules of the
13department shall not be deemed an open container subject to the
14requirements of sections 321.284 and 321.284A if the sealed
15container is unopened and the seal has not been tampered with,
16and the contents of the container have not been partially
17removed.
18 Sec. 6. Section 123.36, subsection 1, Code 2023, is amended
19by adding the following new paragraph:
20 NEW PARAGRAPH. 0e. Special class “C” retail native wine
21license fees shall be one hundred twenty-five dollars.
22 Sec. 7. Section 123.45, subsection 3, Code 2023, is amended
23to read as follows:
243. A person engaged in the wholesaling of beer or wine
25may sell only disposable glassware, which is constructed of
26paper, paper laminated, or plastic materials and designed
27primarily for personal consumption on a one-time usage
28basis, to retailers for use within the premises of licensed
29establishments, for an amount which is greater than or equal
30to an amount which represents the greater of either the amount
31paid for the disposable glassware by the supplier or the amount
32paid for the disposable glassware by the wholesaler. Also,
33notwithstanding any other provision of this chapter or the fact
34that a person is the holder of a class “A” beer permit, a native
35brewery may be granted not more than two class “C” retail
-3-1alcohol licenses or not more than two special class “C” retail
2alcohol licenses, both as defined in section 123.30, regardless
3of whether that person is also a manufacturer of native
4distilled spirits pursuant to a class “A” native distilled
5spirits license or a manufacturer of native wine pursuant to a
6class “A” wine permit.
7 Sec. 8. Section 123.130, subsection 2, Code 2023, is amended
8to read as follows:
92. Pursuant to section 123.45, subsection 3, a native
10brewery may be granted not more than two class “C” retail
11alcohol licenses or not more than two special class “C” retail
12alcohol licenses.
13 Sec. 9. Section 123.176, subsection 5, Code 2023, is amended
14to read as follows:
155. Notwithstanding any other provision of this chapter, a
16person engaged in the business of manufacturing native wine
17may be granted a class “C” retail alcohol license or special
18class “C” retail native wine license as defined in section
19123.30. A manufacturer of native wine may be granted not more
20than two class “C” retail alcohol licenses or special class “C”
21retail native wine licenses. A manufacturer of native wine
22may be issued a class “C” retail alcohol license or special
23class “C” retail native wine license regardless of whether the
24manufacturer is also a manufacturer of beer pursuant to a class
25“A” beer permit or a manufacturer of native distilled spirits
26pursuant to a class “A” native distilled spirits license.
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2alcohol licenses.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.3, subsection 45, Code 2023, is
2amended to read as follows:
345. “Retail alcohol license” means a class “B”, class “C”,
4special class “C”, class “D”, class “E”, or class “F” retail
5alcohol license, or a special class “B” or special class “C”
6 retail native wine license issued under this chapter.
7 Sec. 2. Section 123.30, subsection 3, paragraph a,
8subparagraph (1), subparagraph division (c), Code 2023, is
9amended to read as follows:
10(c) The holder of a class “B” retail alcohol license may
11sell beer to class “C”, special class “C”, special class “C”
12retail native license, class “D”, and class “F” retail alcohol
13licensees for resale for consumption on the premises. Such
14beer sales shall be in quantities of not more than five cases
15of beer, high alcoholic content beer, and canned cocktails,
16but not more than one such sale shall be made to the same
17retail alcohol licensee in a twenty-four-hour period. A class
18“A” beer permittee shall be held harmless concerning any beer
19resold as authorized by this subparagraph division.
20 Sec. 3. Section 123.30, subsection 3, paragraph b, Code
212023, is amended by adding the following new subparagraph:
22 NEW SUBPARAGRAPH. (3) A special class “C” retail native
23wine license shall authorize the holder to sell beer and native
24wine as provided in section 123.31C.
25 Sec. 4. Section 123.30, subsection 3, paragraph d,
26subparagraph (4), Code 2023, is amended to read as follows:
27(4) The holder of a class “E” retail alcohol license may
28sell beer to class “C”, special class “C”, special class “C”
29retail native license, class “D”, and class “F” retail alcohol
30licensees for resale for consumption on the premises. Such
31beer sales shall be in quantities of not more than five cases
32of beer, high alcoholic content beer, and canned cocktails,
33but not more than one such sale shall be made to the same
34retail alcohol licensee in a twenty-four-hour period. A class
35“A” beer permittee shall be held harmless concerning any beer
-1-1resold as authorized by this subparagraph.
2 Sec. 5. NEW SECTION. 123.31C Authority under special class
3“C” retail native wine license.
41. A person holding a special class “C” retail native
5wine license may sell beer and native wine only at retail for
6consumption on or off the premises. Sales of beer and native
7wine for consumption off the premises made pursuant to this
8section shall be made in original containers except as provided
9in subsection 5.
102. A special class “C” retail native wine licensee having
11more than one place of business where wine is sold and served
12shall obtain a separate permit for each place of business.
133. A person holding a special class “C” retail native wine
14license may purchase wine for resale only from a native winery
15holding a class “A” wine permit.
164. A person holding a special class “C” retail native wine
17license may purchase beer as follows:
18a. From class “A” beer permittees.
19b. From class “B” retail alcohol licensees or class “E”
20retail alcohol licensees in quantities of not more than
21five cases of beer, high alcoholic content beer, and canned
22cocktails, but not more than one such purchase shall be made by
23the licensee in a twenty-four-hour period. A class “A” beer
24permittee shall be held harmless concerning any beer resold as
25authorized by this subsection.
265. Subject to the rules of the department, sales made
27pursuant to this section may be made in a container other
28than the original container only if all of the following
29requirements are met:
30a. The beer or native wine is transferred from the original
31container to the container to be sold on the licensed premises
32at the time of sale or when sold by telephonic or other
33electronic means.
34b. The person transferring the beer or native wine from
35the original container to the container to be sold shall be
-2-1eighteen years of age or more.
2c. The container to be sold shall be no larger than
3seventy-two ounces.
4d. The container to be sold shall be securely sealed by a
5method authorized by the department that is designed so that if
6the sealed container is reopened or the seal tampered with, it
7is visibly apparent that the seal on the container of beer or
8native wine has been tampered with or the sealed container has
9otherwise been reopened.
106. A container of beer or native wine other than the
11original container that is sold and sealed in compliance
12with the requirements of subsection 5 and the rules of the
13department shall not be deemed an open container subject to the
14requirements of sections 321.284 and 321.284A if the sealed
15container is unopened and the seal has not been tampered with,
16and the contents of the container have not been partially
17removed.
18 Sec. 6. Section 123.36, subsection 1, Code 2023, is amended
19by adding the following new paragraph:
20 NEW PARAGRAPH. 0e. Special class “C” retail native wine
21license fees shall be one hundred twenty-five dollars.
22 Sec. 7. Section 123.45, subsection 3, Code 2023, is amended
23to read as follows:
243. A person engaged in the wholesaling of beer or wine
25may sell only disposable glassware, which is constructed of
26paper, paper laminated, or plastic materials and designed
27primarily for personal consumption on a one-time usage
28basis, to retailers for use within the premises of licensed
29establishments, for an amount which is greater than or equal
30to an amount which represents the greater of either the amount
31paid for the disposable glassware by the supplier or the amount
32paid for the disposable glassware by the wholesaler. Also,
33notwithstanding any other provision of this chapter or the fact
34that a person is the holder of a class “A” beer permit, a native
35brewery may be granted not more than two class “C” retail
-3-1alcohol licenses or not more than two special class “C” retail
2alcohol licenses, both as defined in section 123.30, regardless
3of whether that person is also a manufacturer of native
4distilled spirits pursuant to a class “A” native distilled
5spirits license or a manufacturer of native wine pursuant to a
6class “A” wine permit.
7 Sec. 8. Section 123.130, subsection 2, Code 2023, is amended
8to read as follows:
92. Pursuant to section 123.45, subsection 3, a native
10brewery may be granted not more than two class “C” retail
11alcohol licenses or not more than two special class “C” retail
12alcohol licenses.
13 Sec. 9. Section 123.176, subsection 5, Code 2023, is amended
14to read as follows:
155. Notwithstanding any other provision of this chapter, a
16person engaged in the business of manufacturing native wine
17may be granted a class “C” retail alcohol license or special
18class “C” retail native wine license as defined in section
19123.30. A manufacturer of native wine may be granted not more
20than two class “C” retail alcohol licenses or special class “C”
21retail native wine licenses. A manufacturer of native wine
22may be issued a class “C” retail alcohol license or special
23class “C” retail native wine license regardless of whether the
24manufacturer is also a manufacturer of beer pursuant to a class
25“A” beer permit or a manufacturer of native distilled spirits
26pursuant to a class “A” native distilled spirits license.
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