Text: HF00681 Text: HF00683 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 682 1 2 1 3 AN ACT 1 4 RELATING TO WINE BY PROVIDING FOR NATIVE WINE PERMITS, 1 5 PROVIDING WINE GALLONAGE TAX REVENUE TO SUPPORT GRAPE 1 6 AND WINE DEVELOPMENT, PROVIDING FOR FEES, AND PROVIDING 1 7 AN EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 123.3, Code 2003, is amended by adding 1 12 the following new subsection: 1 13 NEW SUBSECTION. 22A. "Native wine" means wine 1 14 manufactured in this state. 1 15 Sec. 2. Section 123.3, subsection 30, Code 2003, is 1 16 amended to read as follows: 1 17 30. "Retail wine permit" means a class "B" wine permit, 1 18 class "B" native wine permit, or class "C" native wine permit 1 19 issued under this chapter. 1 20 Sec. 3. Section 123.32, subsection 1, Code 2003, is 1 21 amended to read as follows: 1 22 1. FILING OF APPLICATION. An application for a class "A", 1 23 class "B", class "C", or class "E" liquor control license, for 1 24 a retail beer permit as provided in sections 123.128 and 1 25 123.129, or for a class "B", class "B" native, or class "C" 1 26 native retail wine permit as provided in section123.1761 27 123.178, 123.178A, or 123.178B, accompanied by the necessary 1 28 fee and bond, if required, shall be filed with the appropriate 1 29 city council if the premises for which the license or permit 1 30 is sought are located within the corporate limits of a city, 1 31 or with the board of supervisors if the premises for which the 1 32 license or permit is sought are located outside the corporate 1 33 limits of a city. An application for a class "D" liquor 1 34 control license and for a class "A" beer or class "A" wine 1 35 permit, accompanied by the necessary fee and bond, if 2 1 required, shall be filed with the division, which shall 2 2 proceed in the same manner as in the case of an application 2 3 approved by local authorities. 2 4 Sec. 4. Section 123.56, subsection 1, Code 2003, is 2 5 amended to read as follows: 2 6 1. Subject to rules of the division, manufacturers of 2 7 native wines from grapes, cherries, other fruits or other 2 8 fruit juices, vegetables, vegetable juices, dandelions, 2 9 clover, honey, or any combination of these ingredients, 2 10 holding a class "A" wine permit as required by this chapter, 2 11 may sell, keep, or offer for sale and deliver the wine. Sales 2 12 may be made at retail for off-premises consumption when sold 2 13 on the premises of the manufacturer, or in a retail 2 14 establishment operated by the manufacturerwhich is no closer2 15than five miles from an existing native winery. Sales may 2 16 also be made to class "A" or retail wine permittees or liquor 2 17 control licensees as authorized by the class "A" wine permit. 2 18 Sec. 5. Section 123.56, Code 2003, is amended by adding 2 19 the following new subsection: 2 20 NEW SUBSECTION. 6. Notwithstanding any other provision of 2 21 this chapter, a person engaged in the business of 2 22 manufacturing native wine may sell native wine at retail for 2 23 consumption on the premises of the manufacturing facility by 2 24 applying for a class "C" native wine permit as provided in 2 25 section 123.178B. A manufacturer of native wine may be 2 26 granted not more than one class "C" native wine permit. 2 27 Sec. 6. Section 123.127, subsection 1, paragraph c, Code 2 28 2003, is amended by striking the paragraph and inserting in 2 29 lieu thereof the following: 2 30 c. That the applicant is a person of good moral character 2 31 as defined by this chapter. 2 32 Sec. 7. Section 123.173, Code 2003, is amended to read as 2 33 follows: 2 34 123.173 WINE PERMITS – CLASSES – AUTHORITY. 2 35 Permits exclusively for the sale or manufacture and sale of 3 1 wine shall be divided intotwofour classes, and shall be 3 2 known as class "A",or"B", "B" native, or "C" native wine 3 3 permits. 3 4 A class "A" wine permit allows the holder to manufacture 3 5 and sell, or sell at wholesale, in this state, wine as defined 3 6 in section 123.3, subsection 37. The holder of a class "A" 3 7 wine permit may manufacture in this state wine having an 3 8 alcoholic content greater than seventeen percent by weight for 3 9 shipment outside this state. All class "A" premises shall be 3 10 located within the state. A class "B" or class "B" native 3 11 wine permit allows the holder to sell wine at retail for 3 12 consumption off the premises. A class "B" or class "B" native 3 13 wine permittee who also holds a class "E" liquor control 3 14 license may sell wine to class "A", class "B", and class "C" 3 15 liquor control licensees for resale for consumption on the 3 16 premises.A class "B" wine permittee who also holds a class3 17"E" liquor control license may sell wine to class "A", class3 18"B", and class "C" liquor control licenseesSuch wine sales 3 19 shall be in quantities of less than one case of any wine brand 3 20 but not more than one such sale shall be made to the same 3 21 liquor control licensee in a twenty-four hour period. A class 3 22 "B" or class "B" native wine permittee shall not sell wine to 3 23 other class "B", or class "B" native wine permittees. A class 3 24 "C" native wine permit allows the holder to sell wine for 3 25 consumption on or off the premises. 3 26 A class "A" wine permittee shall be required to deliver 3 27 wine to aclass "B"retail wine permittee, and aclass "B"3 28 retail wine permittee shall be required to accept delivery of 3 29 wine from a class "A" wine permittee, only at the licensed 3 30 premises of theclass "B"retail wine permittee. Except as 3 31 specifically permitted by the division upon good cause shown, 3 32 delivery or transfer of wine from an unlicensed premises to a 3 33 licensed"B"retail wine permittee's premises, or from one 3 34 licensed"B"retail wine permittee's premises to another 3 35 licensed"B"retail wine permittee's premises, even if there 4 1 is common ownership of all of the premises by oneclass "B"4 2 retail permittee, is prohibited. A class "B" or class "B" 4 3 native wine permittee who also holds a class "E" liquor 4 4 control license shall keep and maintain records for each sale 4 5 of wine to liquor control licensees showing the name of the 4 6 establishment to which wine was sold, the date of sale, and 4 7 the brands and number of bottles sold to the liquor control 4 8 licensee. 4 9 When a class "B" or class "B" native wine permittee who 4 10 also holds a class "E" liquor control license sells wine to a 4 11 class "A", class "B", or class "C" liquor control licensee, 4 12 the liquor control licensee shall sign a report attesting to 4 13 the purchase. The class "B" or class "B" native wine 4 14 permittee who also holds a class "E" liquor control license 4 15 shall submit to the division, on forms supplied by the 4 16 division, not later than the tenth of each month a report 4 17 stating each sale of wine to class "A", class "B", and class 4 18 "C" liquor control licensees during the preceding month, the 4 19 date of each sale, and the brands and numbers of bottles with 4 20 each sale. A class "B" permittee who holds a class "E" liquor 4 21 control license may sell to class "A", class "B", or class "C" 4 22 liquor control licensees only if the licensed premises of the 4 23 liquor control licensee is located within the geographic 4 24 territory of the class "A" wine permittee from which the wine 4 25 was originally purchased by the class "B" wine permittee. 4 26 Sec. 8. Section 123.174, Code 2003, is amended to read as 4 27 follows: 4 28 123.174 ISSUANCE OF WINE PERMITS. 4 29 The administrator shall issueclass "A" and "B"wine 4 30 permits as provided in this chapter, and may suspend or revoke 4 31 a wine permit for cause as provided in this chapter. 4 32 Sec. 9. Section 123.175, Code 2003, is amended to read as 4 33 follows: 4 34 123.175CLASS "A"APPLICATION CONTENTS. 4 35 Except as otherwise provided in this chapter, a class "A" 5 1 or retail wine permit shall be issued to a person who complies 5 2 with all of the following: 5 3 1. Submits a written application for the permit and states 5 4 on the application under oath: 5 5 a. The name and place of residence of the applicant and 5 6 the length of time the applicant has lived at the place of 5 7 residence. 5 8 b. That the applicant is a citizen of the state of Iowa, 5 9 or if a corporation, that the applicant is authorized to do 5 10 business in Iowa. 5 11 c.The place of birth of the applicant, and if the5 12applicant is a naturalized citizen, the time and place of5 13naturalization, or if a corporation, the state of5 14incorporation.That the applicant is a person of good moral 5 15 character as defined by this chapter. 5 16 d. The location of the premises where the applicant 5 17 intends to use the permit. 5 18 e. The name of the owner of the premises, and if that 5 19 owner is not the applicant, that the applicant is the actual 5 20 lessee of the premises. 5 21 2. Establishes all of the following: 5 22 a. That the applicant meets the test of good moral 5 23 character as provided in section 123.3, subsection 26. 5 24 b. That the premises where the applicant intends to use 5 25 the permit conform to all applicable laws, health regulations, 5 26 and fire regulations, and constitute a safe and proper place 5 27 or building. 5 28 3. Submits, in the case of a class "A" wine permit, a bond 5 29 in the amount of five thousand dollars in the form prescribed 5 30 and furnished by the division with good and sufficient 5 31 sureties to be approved by the division conditioned upon 5 32 compliance with this chapter. 5 33 4. Consents to inspection as required in section 123.30, 5 34 subsection 1. 5 35 Sec. 10. Section 123.177, subsection 1, Code 2003, is 6 1 amended to read as follows: 6 2 1. A person holding a class "A" wine permit may 6 3 manufacture and sell, or sell at wholesale, wine for 6 4 consumption off the premises. Sales within the state may be 6 5 made only to persons holding a class "A" or "B" wine permit 6 6 and to persons holding aclass "A", "B", "C" or "D"retail 6 7 liquor control license. However, if the person holding the 6 8 class "A" permit is a manufacturer of native wine, the person 6 9 may sell only native wine to a person holding a retail wine 6 10 permit or a retail liquor control license. A class "A" wine 6 11 permittee having more than one place of business shall obtain 6 12 a separate permit for each place of business where wine is to 6 13 be stored, warehoused, or sold. 6 14 Sec. 11. NEW SECTION. 123.178A AUTHORITY UNDER CLASS "B" 6 15 NATIVE PERMIT. 6 16 1. A person holding a class "B" native wine permit may 6 17 sell native wine only at retail for consumption off the 6 18 premises. Native wine shall be sold for consumption off the 6 19 premises in original containers only. 6 20 2. A class "B" native wine permittee having more than one 6 21 place of business where wine is sold shall obtain a separate 6 22 permit for each place of business. 6 23 3. A person holding a class "B" native wine permit may 6 24 purchase wine for resale only from a native winery holding a 6 25 class "A" wine permit. 6 26 Sec. 12. NEW SECTION. 123.178B AUTHORITY UNDER CLASS "C" 6 27 NATIVE PERMIT. 6 28 1. A person holding a class "C" native wine permit may 6 29 sell native wine only at retail for consumption on or off the 6 30 premises. 6 31 2. A class "C" native wine permittee having more than one 6 32 place of business where wine is sold and served shall obtain a 6 33 separate permit for each place of business. 6 34 3. A person holding a class "C" native wine permit may 6 35 purchase wine for resale only from a native winery holding a 7 1 class "A" wine permit. 7 2 Sec. 13. Section 123.179, Code 2003, is amended by adding 7 3 the following new subsections: 7 4 NEW SUBSECTION. 3. The annual permit fee for a class "B" 7 5 native wine permit is twenty-five dollars. 7 6 NEW SUBSECTION. 4. The annual permit fee for a class "C" 7 7 native wine permit is twenty-five dollars. 7 8 Sec. 14. Section 123.183, subsection 3, paragraph a, Code 7 9 2003, is amended to read as follows: 7 10 a. The revenueactuallycollected during each fiscal year 7 11 from the wine gallonage tax on wine imported into this state 7 12 at wholesale and sold in this state at wholesale that is in 7 13 excess of the revenueestimated to becollected from such tax 7 14as last agreed to by the state revenue estimating conference7 15 during the previous fiscal year as provided in section 8.22A 7 16 shall be deposited in the grape and wine development fund as 7 17 created in section 175A.5. However, not more than seventy- 7 18 five thousand dollars from such tax shall be deposited into 7 19 the grape and wine development fund during any fiscal year. 7 20 Sec. 15. Section 123.176, Code 2003, is repealed. 7 21 Sec. 16. LEGISLATION TO BE SUBMITTED. The alcoholic 7 22 beverages division of the department of commerce shall submit 7 23 proposed legislation during the 2004 Regular Session of the 7 24 Eightieth General Assembly which shall make additional 7 25 conforming changes to chapter 123, and any other impacted 7 26 provisions of the Code of Iowa, to fully implement the 7 27 provisions of this Act. 7 28 Sec. 17. EFFECTIVE AND APPLICABILITY DATES. 7 29 1. This Act, being deemed of immediate importance, takes 7 30 effect upon enactment. 7 31 2. The section of this Act amending section 123.183 and 7 32 relating to the deposit of revenue collected from the wine 7 33 gallonage tax in the grape and wine development fund is 7 34 retroactively applicable to July 1, 2002. The revenue 7 35 collected during the fiscal year beginning on July 1, 2002, 8 1 and ending on June 30, 2003, from the wine gallonage tax on 8 2 wine imported into this state at wholesale and sold in this 8 3 state at wholesale as provided in section 123.183 that is in 8 4 excess of the revenue collected from such tax during the 8 5 fiscal year beginning July 1, 2001, and ending on June 30, 8 6 2002, shall be deposited in the grape and wine development 8 7 fund as created in section 175.5. However, not more than 8 8 seventy-five thousand dollars from such tax shall be deposited 8 9 into the fund. 8 10 8 11 8 12 8 13 CHRISTOPHER C. RANTS 8 14 Speaker of the House 8 15 8 16 8 17 8 18 MARY E. KRAMER 8 19 President of the Senate 8 20 8 21 I hereby certify that this bill originated in the House and 8 22 is known as House File 682, Eightieth General Assembly. 8 23 8 24 8 25 8 26 MARGARET THOMSON 8 27 Chief Clerk of the House 8 28 Approved , 2003 8 29 8 30 8 31 8 32 THOMAS J. VILSACK 8 33 Governor
Text: HF00681 Text: HF00683 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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