Text: H01176 Text: H01178 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 651 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 "Section 1. Section 123.3, Code 2003, is amended 1 5 by adding the following new subsection: 1 6 NEW SUBSECTION. 22A. "Native wine" means wine 1 7 manufactured in this state. 1 8 Sec. . Section 123.3, subsection 30, Code 2003, 1 9 is amended to read as follows: 1 10 30. "Retail wine permit" means a class "B" wine 1 11 permit, class "B" native wine permit, or class "C" 1 12 native wine permit issued under this chapter. 1 13 Sec. . Section 123.32, subsection 1, Code 2003, 1 14 is amended to read as follows: 1 15 1. FILING OF APPLICATION. An application for a 1 16 class "A", class "B", class "C", or class "E" liquor 1 17 control license, for a retail beer permit as provided 1 18 in sections 123.128 and 123.129, or for a class "B", 1 19 class "B" native, or class "C" native retail wine 1 20 permit as provided in section123.176123.178, 1 21 123.178A, or 123.178B, accompanied by the necessary 1 22 fee and bond, if required, shall be filed with the 1 23 appropriate city council if the premises for which the 1 24 license or permit is sought are located within the 1 25 corporate limits of a city, or with the board of 1 26 supervisors if the premises for which the license or 1 27 permit is sought are located outside the corporate 1 28 limits of a city. An application for a class "D" 1 29 liquor control license and for a class "A" beer or 1 30 class "A" wine permit, accompanied by the necessary 1 31 fee and bond, if required, shall be filed with the 1 32 division, which shall proceed in the same manner as in 1 33 the case of an application approved by local 1 34 authorities. 1 35 Sec. . Section 123.56, subsection 1, Code 2003, 1 36 is amended to read as follows: 1 37 1. Subject to rules of the division, manufacturers 1 38 of native wines from grapes, cherries, other fruits or 1 39 other fruit juices, vegetables, vegetable juices, 1 40 dandelions, clover, honey, or any combination of these 1 41 ingredients, holding a class "A" wine permit as 1 42 required by this chapter, may sell, keep, or offer for 1 43 sale and deliver the wine. Sales may be made at 1 44 retail for off-premises consumption when sold on the 1 45 premises of the manufacturer, or in a retail 1 46 establishment operated by the manufacturerwhich is no1 47closer than five miles from an existing native winery. 1 48 Sales may also be made to class "A" or retail wine 1 49 permittees or liquor control licensees as authorized 1 50 by the class "A" wine permit. 2 1 Sec. . Section 123.56, Code 2003, is amended by 2 2 adding the following new subsection: 2 3 NEW SUBSECTION. 6. Notwithstanding any other 2 4 provision of this chapter, a person engaged in the 2 5 business of manufacturing native wine may sell native 2 6 wine at retail for consumption on the premises of the 2 7 manufacturing facility by applying for a class "C" 2 8 native wine permit as provided in section 123.178B. A 2 9 manufacturer of native wine may be granted not more 2 10 than one class "C" native wine permit. 2 11 Sec. . Section 123.173, Code 2003, is amended 2 12 to read as follows: 2 13 123.173 WINE PERMITS – CLASSES – AUTHORITY. 2 14 Permits exclusively for the sale or manufacture and 2 15 sale of wine shall be divided intotwofour classes, 2 16 and shall be known as class "A",or"B", "B" native, 2 17 or "C" native wine permits. 2 18 A class "A" wine permit allows the holder to 2 19 manufacture and sell, or sell at wholesale, in this 2 20 state, wine as defined in section 123.3, subsection 2 21 37. The holder of a class "A" wine permit may 2 22 manufacture in this state wine having an alcoholic 2 23 content greater than seventeen percent by weight for 2 24 shipment outside this state. All class "A" premises 2 25 shall be located within the state. A class "B" or 2 26 class "B" native wine permit allows the holder to sell 2 27 wine at retail for consumption off the premises. A 2 28 class "B" or class "B" native wine permittee who also 2 29 holds a class "E" liquor control license may sell wine 2 30 to class "A", class "B", and class "C" liquor control 2 31 licensees for resale for consumption on the premises. 2 32A class "B" wine permittee who also holds a class "E"2 33liquor control license may sell wine to class "A",2 34class "B", and class "C" liquor control licenseesSuch 2 35 wine sales shall be in quantities of less than one 2 36 case of any wine brand but not more than one such sale 2 37 shall be made to the same liquor control licensee in a 2 38 twenty-four hour period. A class "B" or class "B" 2 39 native wine permittee shall not sell wine to other 2 40 class "B", or class "B" native wine permittees. A 2 41 class "C" native wine permit allows the holder to sell 2 42 wine for consumption on or off the premises. 2 43 A class "A" wine permittee shall be required to 2 44 deliver wine to aclass "B"retail wine permittee, and 2 45 aclass "B"retail wine permittee shall be required to 2 46 accept delivery of wine from a class "A" wine 2 47 permittee, only at the licensed premises of theclass2 48"B"retail wine permittee. Except as specifically 2 49 permitted by the division upon good cause shown, 2 50 delivery or transfer of wine from an unlicensed 3 1 premises to a licensed"B"retail wine permittee's 3 2 premises, or from one licensed"B"retail wine 3 3 permittee's premises to another licensed"B"retail 3 4 wine permittee's premises, even if there is common 3 5 ownership of all of the premises by oneclass "B"3 6 retail permittee, is prohibited. A class "B" or class 3 7 "B" native wine permittee who also holds a class "E" 3 8 liquor control license shall keep and maintain records 3 9 for each sale of wine to liquor control licensees 3 10 showing the name of the establishment to which wine 3 11 was sold, the date of sale, and the brands and number 3 12 of bottles sold to the liquor control licensee. 3 13 When a class "B" or class "B" native wine permittee 3 14 who also holds a class "E" liquor control license 3 15 sells wine to a class "A", class "B", or class "C" 3 16 liquor control licensee, the liquor control licensee 3 17 shall sign a report attesting to the purchase. The 3 18 class "B" or class "B" native wine permittee who also 3 19 holds a class "E" liquor control license shall submit 3 20 to the division, on forms supplied by the division, 3 21 not later than the tenth of each month a report 3 22 stating each sale of wine to class "A", class "B", and 3 23 class "C" liquor control licensees during the 3 24 preceding month, the date of each sale, and the brands 3 25 and numbers of bottles with each sale. A class "B" 3 26 permittee who holds a class "E" liquor control license 3 27 may sell to class "A", class "B", or class "C" liquor 3 28 control licensees only if the licensed premises of the 3 29 liquor control licensee is located within the 3 30 geographic territory of the class "A" wine permittee 3 31 from which the wine was originally purchased by the 3 32 class "B" wine permittee. 3 33 Sec. . Section 123.174, Code 2003, is amended 3 34 to read as follows: 3 35 123.174 ISSUANCE OF WINE PERMITS. 3 36 The administrator shall issueclass "A" and "B"3 37 wine permits as provided in this chapter, and may 3 38 suspend or revoke a wine permit for cause as provided 3 39 in this chapter. 3 40 Sec. . Section 123.175, Code 2003, is amended 3 41 to read as follows: 3 42 123.175CLASS "A"APPLICATION CONTENTS. 3 43 Except as otherwise provided in this chapter, a 3 44 class "A" or retail wine permit shall be issued to a 3 45 person who complies with all of the following: 3 46 1. Submits a written application for the permit 3 47 and states on the application under oath: 3 48 a. The name and place of residence of the 3 49 applicant and the length of time the applicant has 3 50 lived at the place of residence. 4 1 b. That the applicant is a citizen of the state of 4 2 Iowa, or if a corporation, that the applicant is 4 3 authorized to do business in Iowa. 4 4 c. The place of birth of the applicant, and if the 4 5 applicant is a naturalized citizen, the time and place 4 6 of naturalization, or if a corporation, the state of 4 7 incorporation. 4 8 d. The location of the premises where the 4 9 applicant intends to use the permit. 4 10 e. The name of the owner of the premises, and if 4 11 that owner is not the applicant, that the applicant is 4 12 the actual lessee of the premises. 4 13 2. Establishes all of the following: 4 14 a. That the applicant meets the test of good moral 4 15 character as provided in section 123.3, subsection 26. 4 16 b. That the premises where the applicant intends 4 17 to use the permit conform to all applicable laws, 4 18 health regulations, and fire regulations, and 4 19 constitute a safe and proper place or building. 4 20 3. Submits, in the case of a class "A" wine 4 21 permit, a bond in the amount of five thousand dollars 4 22 in the form prescribed and furnished by the division 4 23 with good and sufficient sureties to be approved by 4 24 the division conditioned upon compliance with this 4 25 chapter. 4 26 4. Consents to inspection as required in section 4 27 123.30, subsection 1. 4 28 Sec. . Section 123.177, subsection 1, Code 4 29 2003, is amended to read as follows: 4 30 1. A person holding a class "A" wine permit may 4 31 manufacture and sell, or sell at wholesale, wine for 4 32 consumption off the premises. Sales within the state 4 33 may be made only to persons holding a class "A" or "B" 4 34 wine permit and to persons holding aclass "A", "B",4 35"C" or "D"retail liquor control license. However, if 4 36 the person holding the class "A" permit is a 4 37 manufacturer of native wine, the person may sell only 4 38 native wine to a person holding a retail wine permit 4 39 or a retail liquor control license. A class "A" wine 4 40 permittee having more than one place of business shall 4 41 obtain a separate permit for each place of business 4 42 where wine is to be stored, warehoused, or sold. 4 43 Sec. . NEW SECTION. 123.178A AUTHORITY UNDER 4 44 CLASS "B" NATIVE PERMIT. 4 45 1. A person holding a class "B" native wine permit 4 46 may sell native wine only at retail for consumption 4 47 off the premises. Native wine shall be sold for 4 48 consumption off the premises in original containers 4 49 only. 4 50 2. A class "B" native wine permittee having more 5 1 than one place of business where wine is sold shall 5 2 obtain a separate permit for each place of business. 5 3 3. A person holding a class "B" native wine permit 5 4 may purchase wine for resale only from a native winery 5 5 holding a class "A" wine permit. 5 6 Sec. . NEW SECTION. 123.178B AUTHORITY UNDER 5 7 CLASS "C" NATIVE PERMIT. 5 8 1. A person holding a class "C" native wine permit 5 9 may sell native wine only at retail for consumption on 5 10 or off the premises. 5 11 2. A class "C" native wine permittee having more 5 12 than one place of business where wine is sold and 5 13 served shall obtain a separate permit for each place 5 14 of business. 5 15 3. A person holding a class "C" native wine permit 5 16 may purchase wine for resale only from a native winery 5 17 holding a class "A" wine permit. 5 18 Sec. . Section 123.179, Code 2003, is amended 5 19 by adding the following new subsections: 5 20 NEW SUBSECTION. 3. The annual permit fee for a 5 21 class "B" native wine permit is twenty-five dollars. 5 22 NEW SUBSECTION. 4. The annual permit fee for a 5 23 class "C" native wine permit is twenty-five dollars." 5 24 #2. Page 1, by inserting after line 12 the 5 25 following: 5 26 "Sec. . Section 123.176, Code 2003, is 5 27 repealed. 5 28 Sec. . LEGISLATION TO BE SUBMITTED. The 5 29 alcoholic beverages division of the department of 5 30 commerce shall submit proposed legislation during the 5 31 2004 Regular Session of the Eightieth General Assembly 5 32 which shall make additional conforming changes to 5 33 chapter 123, and any other impacted provisions of the 5 34 Code of Iowa, to fully implement the provisions of 5 35 this Act." 5 36 #3. Page 1, by striking line 16, and inserting the 5 37 following: 5 38 "2. The section of this Act amending section 5 39 123.183 and relating to the deposit of revenue 5 40 collected from the wine gallonage tax in the grape and 5 41 wine development fund is retroactively applicable to 5 42 July 1, 2002." 5 43 #4. Title page, line 1, by inserting after the 5 44 word "Act" the following: "relating to wine by 5 45 providing for native wine permits,". 5 46 #5. Title page, line 2, by inserting after the 5 47 word "development," the following: "providing for 5 48 fees,". 5 49 #6. By renumbering, redesignating, and correcting 5 50 internal references as necessary. 6 1 6 2 6 3 6 4 MANTERNACH of Jones 6 5 HF 651.302 80 6 6 rn/cf
Text: H01176 Text: H01178 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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