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PAG LIN
1 1 Section 1. Section 123.24, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 6. a. A class "E" liquor control
1 4 licensee shall not sell or offer for sale an alcoholic liquor
1 5 product for an amount less than the current published price of
1 6 the alcoholic liquor product to the class "E" liquor control
1 7 licensee plus ten percent of the current published price.
1 8 b. As used in this subsection, "current published price"
1 9 means the sale price at which the division sells an alcoholic
1 10 liquor product to a liquor control licensee. If the sale
1 11 price of an alcoholic liquor product from the division
1 12 changes, the new current published price takes effect on the
1 13 date announced by the division.
1 14 c. The division shall furnish notification of price
1 15 changes to all class "E" license holders at least fifteen days
1 16 before the effective date of a price change.
1 17 d. Paragraph "a" shall not apply to the following sales:
1 18 (1) An alcoholic liquor product sold during a bona fide
1 19 clearance sale which only includes inventory possessed at the
1 20 commencement of the sale and only if the same product is not
1 21 purchased by the licensee for one year after the conclusion of
1 22 the sale.
1 23 (2) An alcoholic liquor product sold during a final
1 24 liquidation of the business of an alcoholic liquor licensee.
1 25 (3) An alcoholic liquor product sold to a nonprofit
1 26 charitable organization.
1 27 (4) An alcoholic liquor product sold pursuant to a state
1 28 or federal court order.
1 29 e. A class "E" liquor control licensee who violates this
1 30 subsection is guilty of a serious misdemeanor pursuant to
1 31 section 123.90.
1 32 f. In addition to the criminal penalty imposed upon
1 33 conviction under paragraph "e", the administrator:
1 34 (1) Shall impose a civil penalty of not more than one
1 35 thousand dollars for the first offense, and may suspend the
2 1 class "E" liquor control license for a period of time
2 2 determined by the administrator, and may recover the costs of
2 3 investigation.
2 4 (2) Shall impose a civil penalty of not more than two
2 5 thousand dollars for the second violation, and may suspend the
2 6 class "E" liquor control license for a period of time
2 7 determined by the administrator, and may recover the costs of
2 8 investigation.
2 9 (3) Shall impose a civil penalty of not more than three
2 10 thousand dollars for the third violation, and may suspend the
2 11 class "E" liquor control license for a period of time
2 12 determined by the administrator, and may recover the costs of
2 13 investigation.
2 14 EXPLANATION
2 15 This bill requires a class "E" liquor control licensee to
2 16 sell or offer for sale an alcoholic liquor product with a
2 17 minimum markup of 10 percent above the current published price
2 18 of the liquor product to the licensee. If the price of a
2 19 liquor product sold by the division changes, the new price
2 20 becomes the current published price of the product after the
2 21 affected licensees have been given 15 days' notice of the new
2 22 cost. Exceptions to the markup of 10 percent include liquor
2 23 sold during a bona fide clearance sale, liquor sold during a
2 24 final liquidation of a liquor business, liquor sold to a
2 25 nonprofit charitable organization, and liquor sold pursuant to
2 26 a federal or state court order.
2 27 A class "E" liquor control licensee violating the minimum
2 28 markup is guilty of a serious misdemeanor. A civil penalty of
2 29 up to $1,000 shall also be imposed for the first offense, up
2 30 to $2,000 for the second offense, and up to $3,000 for the
2 31 third offense. The administrator may also suspend the
2 32 violator's liquor control license for a period of time as
2 33 determined by the administrator and may recover the costs of
2 34 investigation.
2 35 LSB 2019SC 76
3 1 tj/jj/8
Text: SSB00103 Text: SSB00105 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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