Print
CHAPTER 4RETAIL ALCOHOL LICENSES—BEER PERMITS—WINE PERMITS[Ch 4, IAC 7/1/75 rescinded 3/7/79; see Chs 4,5][Prior to 10/8/86, Beer and Liquor Control Department[150]]185—4.1(123) Definitions.
"Act" means the alcoholic beverage control Act.
"Administrator" means the chief administrative officer of the alcoholic beverages division or a designee.
"Beverages" as used in Iowa Code section 123.3(21) does not include any alcoholic beverage as defined in Iowa Code section 123.3(4).
"Division" means the alcoholic beverages division of the department of commerce.
This rule is intended to implement Iowa Code sections 123.3 and 123.4.Related ARC(s): 7073C185—4.2(123) General requirements. All applicants for licenses, permits, or certificates of compliance shall comply with the following requirements, where applicable, prior to receiving a license, permit, or certificate of compliance. 4.2(1) Cleanliness of premises. The interior and exterior of the licensed premises shall be kept clean, free of litter or rubbish, painted and in good repair. Licensees and permittees shall at all times keep and maintain their respective premises in compliance with the laws, orders, ordinances and rules of the state, county and city health and fire departments, and the Iowa department of inspections and appeals. 4.2(2) Toilet facilities. All licensees and permittees who mix, serve, or sell alcoholic beverages for consumption on the licensed premises shall provide for their patrons adequate, conveniently located indoor or outdoor toilet facilities. Compliance with county, city, and department of inspections and appeals’ rules and regulations regarding toilet facilities, including any waivers granted by those authorities, shall constitute compliance with this rule. Outdoor toilet facilities shall be approved by the department of inspections and appeals and the local approving authority where the licensed premises is located. 4.2(3) Water. All licensed premises shall be equipped with hot and cold running water from a source approved by an authorized health department. 4.2(4) Financial standing and reputation. A local authority or the administrator may consider an applicant’s financial standing and good reputation in addition to the other requirements and conditions for obtaining a license, permit, or certificate of compliance, and the local authority or the administrator shall disapprove or deny an application for a license, permit, or certificate of compliance if the applicant fails to demonstrate that the applicant complies with the lawful requirements and conditions for holding the license, permit, or certificate of compliance. a. In evaluating an applicant’s “financial standing,” the local authority or the administrator may consider such factors as, but not limited to, the following: (1) Verified source(s) of financial support and adequate operating capital for the applicant’s proposed establishment. (2) A record of timely submission of all required federal, state, or local tax returns or forms and prompt payment of all taxes due. (3) A record of prompt payment to the local authority of fees or charges made by a local authority for municipal utilities or other municipal services incurred in conjunction with the proposed establishment. (4) A record of prompt payment or satisfaction of administrative penalties imposed pursuant to Iowa Code chapter 123. (5) A record of maintaining, and providing prompt payment for, dramshop liability insurance coverage as required pursuant to Iowa Code chapter 123. (6) A record of prompt payment for license, permit, or certificate fees. (7) A record of prompt payment for alcoholic liquor orders placed with the division. b. In evaluating an applicant’s “good reputation,” the local authority or the administrator may consider such factors as, but not limited to, the following: (1) A pattern or practice of sales of alcoholic beverages to persons under the legal age for which the licensee or permittee, or the licensee’s or permittee’s agents or employees, have pled or have been found guilty. (2) A pattern or practice by the licensee or permittee, or the licensee’s or permittee’s agents or employees, of violating alcoholic beverages laws and regulations for which corrective action has been taken since the previous license or permit was issued. (3) Sales to intoxicated persons. (4) Licensee or permittee convictions for violations of laws relating to operating a motor vehicle while under the influence of drugs or alcohol and the recency of such convictions. (5) Licensee or permittee misdemeanor convictions and the recency of such convictions. (6) A pattern or practice by the licensee or permittee, or the licensee’s or permittee’s agents or employees, of failing to cooperate with the department of public safety, the division, the county attorney, the county sheriff and sheriff’s deputies, the city police department, or the city attorney. (7) A pattern or practice by the licensee or permittee of violating local ordinances established by the local authority pursuant to Iowa Code section 123.39(2). (8) A pattern or practice by the licensee of failing to report any change in the ownership or interest of the business pursuant to Iowa Code section 123.39(1)“b”(3).This rule is intended to implement Iowa Code sections 123.3(40) and 123.10(11).Related ARC(s): 5392C, 7073C185—4.3(123) Local ordinances permitted. The foregoing rules shall in no way be construed as to prevent any county, city or town from adopting ordinances or regulations, which are more restrictive, governing licensed establishments within their jurisdiction.This rule is intended to implement Iowa Code section 123.39.185—4.4(123) Licensed premises. The following criteria must be met before a “place” (as used in Iowa Code section 123.3(29)) may be licensed as a “place susceptible of precise description satisfactory to the administrator.” 4.4(1) The “place” must be owned by or under the control of the prospective licensee or permittee. 4.4(2) The “place” must be solely within the jurisdiction of one local approving authority. 4.4(3) The “place” must be described by a sketch of the “premises” as defined in Iowa Code section 123.3(29) and showing the boundaries of the proposed “place”; showing the locations of selling/serving areas within the confines of the “place”; showing all entrances and exits; and indicating the measurements of the “place” and distances between selling/serving areas. 4.4(4) The “place” must satisfy the health, safety, fire and seating requirements of the division, local authorities and the Iowa department of inspections and appeals. 4.4(5) Any other criteria as required by the administrator.This rule is intended to implement Iowa Code sections 123.3(29) and 123.4.Related ARC(s): 7073C185—4.5(123) Mixed drinks or cocktails not for immediate consumption. A class “C,” class “D,” or class “F” retail alcohol licensee may mix, store, and allow the consumption of mixed drinks or cocktails which are not for immediate consumption for up to 72 hours, subject to the requirements and restrictions provided in Iowa Code section 123.49(2)“d” and this rule. 4.5(1) Definitions. "Immediate consumption," for the purposes of this rule, means the compounding and fulfillment of a mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail.
"Mixed drink or cocktail," for the purposes of this rule, means an alcoholic beverage as defined in Iowa Code section 123.3(32).
4.5(2) Location. Mixed drinks or cocktails which are not for immediate consumption shall be mixed, stored, and consumed on the retail alcohol licensed premises. 4.5(3) Quantity. A mixed drink or cocktail which is not for immediate consumption shall be mixed and stored in, and dispensed from, a labeled container in a quantity not to exceed three gallons. 4.5(4) Container. A mixed drink or cocktail which is not for immediate consumption shall at all times be in a container compliant with applicable state and federal food safety statutes and regulations. a. The mixed drink or cocktail shall be mixed and remain stored in the same container. b. The mixed drink or cocktail shall be removed from the stored container for one of the following dispensing purposes: (1) To compound and fulfill a mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail. (2) For transfer into a pourable container. The pourable container shall have affixed a label compliant with subrule 4.5(5) displaying label information identical to that on the container from which the contents were poured. The expiration date and time shall not be extended by the transfer of product to a pourable container. c. The mixed drink or cocktail may be strained into another container when each of the following conditions is met: (1) The mixed drink or cocktail is returned without delay to the labeled container from which it was strained. (2) The container and process are compliant with applicable state and federal food safety statutes and regulations. d. An original package of alcoholic liquor as purchased from the division or an original package of wine shall not be used to mix, store, or dispense a mixed drink or cocktail, pursuant to Iowa Code section 123.49(2)“d” and “e.” e. The mixed drink or cocktail shall not be mixed, stored, or dispensed from a container bearing an alcoholic beverage name brand. 4.5(5) Label. A label shall be placed on a container when the contents of the mixed drink or cocktail are placed into the empty container. a. Contents are defined in subrule 4.5(6). b. The label shall be subject to the following requirements and restrictions: (1) The label shall be affixed to the container in a conspicuous place. (2) The label shall legibly identify the month, day, and year the contents are placed into the empty container. (3) The label shall legibly identify the time the contents were placed into the empty container. The time shall be reported to the minute utilizing the 12-hour clock, and include either the ante meridian (AM) or post meridian (PM) part of time. (4) The label shall legibly identify the month, day, and year the contents expire. (5) The label shall legibly identify the time the contents expire. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4). (6) The label shall legibly specify the title of the recipe used for the contents of the container. (7) The label shall legibly identify the person who prepared the contents of the container. (8) The label shall legibly identify the size of the batch within the container and be conspicuously marked with the words “CONTAINS ALCOHOL.” (9) The label shall be removed from the container once the entire contents have been consumed, transferred to a pourable container pursuant to subparagraph 4.5(4)“b”(2), or destroyed and disposed of in accordance with applicable law. (10) A label shall not be reused, nor shall a removed label be reapplied to a container. (11) A new label, subject to the requirements and restrictions of paragraph 4.5(5)“b,” shall be placed on the container for each prepared batch of mixed drinks or cocktails which is not for immediate consumption. c. A licensee may access a label template on the website of the division located at www.IowaABD.com. 4.5(6) Contents. Contents include alcoholic beverages, nonalcoholic ingredients, or combination thereof, which are not for immediate consumption. a. A licensee is limited to utilizing alcoholic beverages in the mixed drink or cocktail which are authorized by the license. b. A licensee shall utilize alcoholic beverages in the mixed drink or cocktail which are obtained as prescribed by Iowa Code chapter 123. c. The added flavors and other nonbeverage ingredients of the mixed drink or cocktail shall not include hallucinogenic substances, added caffeine or added stimulants including but not limited to guarana, ginseng, and taurine, or a controlled substance as defined in Iowa Code section 124.401. 4.5(7) Disposal. a. Any mixed drink or cocktail, or portion thereof, not consumed within 72 hours of the contents’ being placed into the empty container is expired and shall be destroyed and disposed of in accordance with applicable law. b. An expired mixed drink or cocktail which is not for immediate consumption shall not be: (1) Added to an empty container and relabeled; or (2) Added to another mixed drink or cocktail which is not for immediate consumption. 4.5(8) Records. A licensee shall maintain accurate and legible records for each prepared batch of mixed drinks or cocktails which is not for immediate consumption. a. Records shall contain: (1) The month, day, and year the contents are placed into the empty container. (2) The time the contents are placed into the empty container. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4). (3) Each alcoholic beverage, including the brand and the amount, placed in the container. The amount of each alcoholic beverage shall be reported utilizing the metric system. (4) Each nonalcoholic ingredient placed in the container. (5) The recipe title and directions for preparing the contents of the container. (6) The size of the batch. (7) The identity of the person who prepared the contents of the container. (8) The month, day, and year the contents of the container are destroyed and disposed of or entirely consumed. (9) The time the contents of the container are destroyed and disposed of or entirely consumed. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4). (10) The method of destruction and disposal or shall specify that the entire contents were consumed. (11) The identity of the person who destroyed and disposed of the contents, if the contents were not consumed. b. A licensee may access record-keeping forms on the website of the division located at www.IowaABD.com, by sending a request by fax to (515)281-7375, or by sending a request by mail to Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021. c. Records shall be maintained on the licensed premises for a period of three years and shall be open to inspection pursuant to Iowa Code section 123.33. 4.5(9) Dispensing machines. A dispensing machine which contains a mixed drink or cocktail with alcoholic beverages is subject to the requirements and restrictions of this rule. 4.5(10) Food safety compliance. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails which are not for immediate consumption shall comply with all applicable state and federal food safety statutes and regulations. 4.5(11) Federal alcohol compliance. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails which are not for immediate consumption shall comply with all applicable federal statutes and regulations. Prohibitions include but are not limited to processing with non-tax-paid alcoholic liquor, aging alcoholic liquor in barrels, heating alcoholic liquor, bottling alcoholic liquor, and refilling alcoholic liquor or wine bottles. 4.5(12) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee to the penalty provisions of Iowa Code section 123.39.This rule is intended to implement Iowa Code section 123.49(2).Related ARC(s): 7073C185—4.6(123) Filling and selling of beer in a container other than the original container. Class “B,” class “C,” special class “C,” and class “E” retail alcohol licensees and the licensee’s employees may fill, refill, and sell beer in a container other than the original container, otherwise known as a growler, subject to the requirements and restrictions provided in Iowa Code section 123.31A and this rule. 4.6(1) Definitions. "Beer," for the purposes of this rule, means “beer” as defined in Iowa Code section 123.3(7) and “high alcoholic content beer” as defined in Iowa Code section 123.3(22).
"Growler," for the purposes of this rule, means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless steel container designed to hold beer or high alcoholic content beer.
"Original container," for the purposes of this rule, means a vessel containing beer that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture. For special class “A” beer permit holders, an “original container” includes a tank used for storing and serving beer.
4.6(2) Filling and refilling requirements. a. A growler shall have the capacity to hold no more than 72 ounces. b. A growler shall be filled or refilled only by the licensee or permittee or the licensee’s or permittee’s employees who are 18 years of age or older. c. A growler shall be filled or refilled only on demand by a consumer at the time of the sale. d. A growler shall be filled or refilled only with beer from the original container procured from a class “A” beer permittee unless the beer being used to fill or refill a growler on the premises of a special class “A” beer permit holder was manufactured by that special class “A” beer permit holder on the permitted premises. e. A retailer may exchange a growler to be filled or refilled. f. The filling or refilling of a growler shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations. 4.6(3) Sealing requirements. A filled or refilled growler shall be securely sealed at the time of the sale by the licensee or permittee or the licensee’s or permittee’s employees in the following manner: a. A growler shall bear a cap, lid, stopper, or plug. b. A plastic heat shrink wrap band, strip, or sleeve shall extend around the cap or lid or over the stopper or plug to form a seal that must be broken upon the opening of the growler. A lid permanently affixed with a can seamer shall not require a plastic heat shrink wrap band, strip, or sleeve. c. The heat shrink wrap seal shall be so secure that it is visibly apparent when the seal on a growler has been tampered with or a sealed growler has otherwise been reopened. d. A growler shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed growler is unopened and the seal has not been tampered with and the contents of the growler have not been partially removed. 4.6(4) Restrictions. a. A growler shall not be filled in advance of a sale. b. A growler filled pursuant to this rule shall not be delivered or direct-shipped to a consumer. c. A growler filled pursuant to this rule shall not be sold or otherwise distributed to a retailer. d. A licensee or permittee or a licensee’s or permittee’s employees shall not allow a consumer to fill or refill a growler. e. The filling, refilling and selling of a growler shall be limited to the hours in which alcoholic beverages may be legally sold. f. A filled or refilled growler shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication. g. An original container shall only be opened on the premises of a class “B” or class “E” retail alcohol licensee for the limited purposes of filling or refilling a growler as provided in this rule, or for a tasting in accordance with rule 185—16.7(123). 4.6(5) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee or permittee to the penalty provisions provided in Iowa Code chapter 123.This rule is intended to implement Iowa Code section 123.31A.Related ARC(s): 7073C185—4.7(123) Improper conduct. 4.7(1) Illegality on premises. No retail alcohol licensee, or the licensee’s agent or employee, shall engage in any illegal occupation or illegal act on the licensed premises. 4.7(2) Cooperation with law enforcement officers. No retail alcohol licensee, or the licensee’s agent or employee, shall refuse, fail or neglect to cooperate with any law enforcement officer in the performance of such officer’s duties to enforce the provisions of the Act. 4.7(3) Illegal activities. No retail alcohol licensee, or the licensee’s agent or employee, shall knowingly allow in or upon the licensed premises any conduct as defined in Iowa Code sections 725.1, 725.2, 725.3, 728.2, 728.3 and 728.5. 4.7(4) Frequenting premises. No retail alcohol licensee, or the licensee’s agent or employee, shall knowingly permit the licensed premises to be frequented by or become the meeting place, hangout or rendezvous for known pimps, panhandlers or prostitutes, or those who are known to engage in the use, sale or distribution of narcotics, or in any other illegal occupation or business. 4.7(5) Open containers of alcoholic beverages. No retail alcohol licensee, or the licensee’s agent or employee, shall allow any filled, partially filled, or empty liquor glasses or liquor bottles to be taken off the licensed premises, excluding mixed drinks or cocktails pursuant to Iowa Code section 123.49(2)“d”(3). A class “E” retail alcohol licensee, or the licensee’s agent or employee, shall not permit other licensees or consumers to remove partially filled, empty, open or unsealed containers of alcoholic liquor from the class “E” retail alcohol licensed premises. 4.7(6) Identifying markers. A licensee shall not keep on the licensed premises nor use for resale alcoholic liquor which does not bear identifying markers as prescribed by the administrator of the division. Identifying markers shall demonstrate that the alcoholic liquor was lawfully purchased from the division.This rule is intended to implement Iowa Code section 123.49(2).Related ARC(s): 7073C185—4.8(123) Violation by agent, servant or employee. Any violation of the Act or the rules of the division by any employee, agent or servant of a licensee shall be deemed to be the act of the licensee and shall subject the license of said licensee to suspension or revocation.This rule is intended to implement Iowa Code sections 123.4 and 123.49(2).Related ARC(s): 7073C185—4.9(123) Gambling evidence. The intentional possession or willful keeping of any gambling device as defined in Iowa Code section 725.9 upon the premises of any establishment licensed by the division shall be prima facie evidence of a violation of Iowa Code section 123.49(2)“a” and subject the license of said licensee to suspension or revocation.This rule is intended to implement Iowa Code sections 123.4 and 123.49.Related ARC(s): 7073C185—4.10(123) Filling and selling of mixed drinks or cocktails in a container other than the original container. Class “C” and class “C” native distilled spirits liquor control licensees and the licensee’s employees may fill and sell mixed drinks or cocktails in a container other than the original container subject to the requirements and restrictions provided in 2020 Iowa Acts, House File 2540, sections 10, 11, 12, and 13, and this rule. 4.10(1) Definitions. "Alcoholic liquor," for the purposes of this rule, means “alcoholic liquor” as defined in Iowa Code section 123.3(5).
"Mixed drink or cocktail," for the purposes of this rule, means “mixed drink or cocktail” as defined in Iowa Code section 123.3(32).
"Native distilled spirits," for the purposes of this rule, means “native distilled spirits” as defined in Iowa Code section 123.3(34).
"Original container," for the purposes of this rule, means a vessel containing alcoholic liquor or native distilled spirits that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture.
"Sealed container," for the purposes of this rule, means a vessel containing a mixed drink or cocktail that is designed to prevent consumption without removal of the tamper-evident lid, cap, or seal. “Sealed container” does not include a container with a lid with sipping holes or openings for straws, a cup made of plastic that is intended for one-time use, or a cup made of paper or polystyrene foam.
"Tamper-evident," for the purposes of this rule, means a lid, cap, or seal that visibly demonstrates when a container has been opened.
4.10(2) Filling requirements. a. A sealed container shall be filled and sold only by the licensee or the licensee’s employees who are 18 years of age or older. b. A sealed container shall be filled only upon receipt of an order by a consumer of legal age. c. A sealed container shall be filled only with mixed drinks or cocktails composed in whole or in part with alcoholic liquor or native distilled spirits from an original container purchased from a class “E” liquor licensee. d. The filling of a sealed container shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations. 4.10(3) Sealing requirements. A sealed container shall bear one of the following tamper-evident sealing methods: a. A plastic heat shrink wrap band, strip, or sleeve extending around the cap or lid to form a seal that must be broken when the container is opened. b. A screw top cap or lid that breaks apart when the container is opened. c. A vacuum or heat-sealed pouch containing the mixed drink or cocktail. 4.10(4) Labeling requirements. A sealed container shall bear a label affixed to the container in a conspicuous place legibly indicating the following information: a. The business name of the licensee that sold the mixed drink or cocktail. b. The words “CONTAINS ALCOHOL.” 4.10(5) Sealed container not deemed an open container. A sealed container shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed container is unopened, the seal has not been tampered with, and the contents of the sealed container have not been partially removed. 4.10(6) Restrictions. a. A sealed container shall not be filled in advance of a sale. b. A sealed container shall not meet the definition of “canned cocktail” as defined in Iowa Code section 123.3(11). c. A licensee or a licensee’s employees shall not allow a consumer to fill a sealed container. d. The filling and selling of a sealed container shall be limited to the hours in which alcoholic beverages may be legally sold. e. A sealed container shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication. 4.10(7) Record keeping requirements. a. A licensee shall maintain records, in printed or electronic format, of all sales of sealed containers. The records shall state the following: (1) The business name of the licensee that sold the mixed drink or cocktail. (2) The date and time of the sale. (3) A description of the product sold. b. A licensee shall keep the required records for a three-year period from the date the record was created. c. Records shall be open to inspection pursuant to Iowa Code section 123.30(1), and may be subject to administrative subpoena issued by the administrator. 4.10(8) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee to the penalty provisions provided in Iowa Code chapter 123.This rule is intended to implement Iowa Code sections 123.30, 123.43A, and 123.49.Related ARC(s): 5338C185—4.11(123) Filling and selling of wine and native wine in a container other than the original container. Class “B,” class “C,” special class “C,” and class “E” retail alcohol licensees; special class “B” and special class “C” retail native wine licensees; and the licensee’s employees may fill, refill, and sell wine or native wine in a container other than the original container, otherwise known as a growler, subject to the requirements and restrictions provided in Iowa Code sections 123.30, 123.31A, and 123.31B and in this rule. 4.11(1) Definitions. "Growler," for the purposes of this rule, means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless steel container designed to hold wine or native wine.
"Native wine," for the purposes of this rule, means the same as defined in Iowa Code section 123.3(36).
"Original container," for the purposes of this rule, means a vessel containing wine or native wine that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture.
"Wine," for the purposes of this rule, means the same as defined in Iowa Code section 123.3(53).
4.11(2) Filling and refilling requirements. a. A growler shall have the capacity to hold no more than 72 ounces. b. A growler shall be filled or refilled only by the licensee or the licensee’s employees who are 18 years of age or older. c. A growler shall be filled or refilled only on demand by a consumer at the time of the sale. d. A growler shall be filled or refilled only with wine or native wine from the original container procured from a class “A” wine permittee. e. Special class “B” and special class “C” retail native wine licensees shall fill a growler with only native wine. f. A retailer may exchange a growler to be filled or refilled. g. The filling or refilling of a growler shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations. 4.11(3) Sealing requirements. A filled or refilled growler shall be securely sealed at the time of the sale by the licensee or the licensee’s employees in the following manner: a. A growler shall bear a cap, lid, stopper, or plug. b. A plastic heat shrink wrap band, strip, or sleeve shall extend around the cap or lid or over the stopper or plug to form a seal that must be broken upon the opening of the growler. A lid permanently affixed with a can seamer shall not require a plastic heat shrink wrap band, strip, or sleeve. c. The heat shrink wrap seal shall be so secure that it is visibly apparent when the seal on a growler has been tampered with or a sealed growler has otherwise been reopened. d. A growler shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed growler is unopened and the seal has not been tampered with and the contents of the growler have not been partially removed. 4.11(4) Restrictions. a. A growler shall not be filled in advance of a sale. b. A growler filled pursuant to this rule shall not be delivered or direct-shipped to a consumer. c. A growler filled pursuant to this rule shall not be sold or otherwise distributed to a retailer. d. A licensee or a licensee’s employees shall not allow a consumer to fill or refill a growler. e. The filling, refilling, and selling of a growler shall be limited to the hours in which alcoholic beverages may be legally sold. f. A filled or refilled growler shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication. g. An original container shall only be opened on the premises of a class “B” and class “E” retail alcohol licensee for the limited purposes of filling or refilling a growler as provided in this rule, or for a tasting in accordance with rule 185—16.7(123). 4.11(5) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee to the penalty provisions provided in Iowa Code chapter 123.This rule is intended to implement Iowa Code sections 123.30, 123.31A, and 123.31B and section 123.31C as enacted by 2023 Iowa Acts, House File 677, section 5.Related ARC(s): 7073C185—4.12(123) Display of license, permit, or signs. All licenses, permits or signs issued by the division shall be prominently displayed in full view on the licensed premises.This rule is intended to implement Iowa Code sections 123.4 and 123.30.185—4.13(123) Outdoor service. Any licensee having an outdoor, contiguous, discernible area on the same property on which their licensed establishment is located may serve the type of alcoholic beverage permitted by the license in the outdoor area. After a licensee satisfies the requirements of this rule, the licensee may serve and sell alcoholic beverages in both the licensee’s indoor licensed establishment and in the licensee’s outdoor area at the same time because an outdoor area is merely an extension of the licensee’s licensed premises and is not a transfer of their license. A licensee, prior to serving in the outdoor area, must file with the division:- A new diagram showing the discernible outdoor area.
- Local authority approval of the outdoor area.
- Insurance company acknowledgment that the outdoor area is covered by the dramshop insurance policy.