123.53  Beer and liquor control fund--allocations to substance abuse--use of civil penalties.

1.  There shall be established within the office of the treasurer of state a fund to be known as the beer and liquor control fund. The fund shall consist of any moneys appropriated by the general assembly for deposit in the fund and moneys received from the sale of alcoholic liquors by the division, from the issuance of permits and licenses, and of moneys and receipts received by the division from any other source.

2.  The director of revenue and finance shall periodically transfer from the beer and liquor control fund to the general fund of the state those revenues of the division which are not necessary for the purchase of liquor for resale by the division, or for remittances to local authorities or other sources as required by this chapter, or for other obligations and expenses of the division which are paid from such fund.

All moneys received by the division from the issuance of vintner's certificates of compliance and wine permits shall be transferred by the director of revenue and finance to the general fund of the state.

3.  The treasurer of state shall transfer into a special revenue account in the general fund of the state, a sum of money at least equal to seven percent of the gross amount of sales made by the division from the beer and liquor control fund on a monthly basis but not less than nine million dollars annually, and any amounts so transferred shall be used by the substance abuse division of the Iowa department of public health for substance abuse treatment and prevention programs in an amount determined by the general assembly and any amounts received in excess of the amounts appropriated to the substance abuse division of the Iowa department of public health shall be considered part of the general fund balance.

4.  The treasurer of state, after making the transfer provided for in subsection 3, shall transfer to the division from the beer and liquor control fund and before any other transfer to the general fund, an amount sufficient to pay the costs incurred by the division for collecting and properly disposing of the liquor containers.

5.  Notwithstanding section 8.33, civil penalties imposed and collected by the division shall not revert to the general fund of the state. The moneys from the civil penalties are appropriated for use by the division for the purposes of providing educational programs, information and publications for alcoholic beverage licensees and permittees, local authorities, and law enforcement agencies regarding the laws and rules which govern the alcoholic beverages industry, and for promoting compliance with alcoholic beverage laws and rules.

Section History: Early form

  [C35, § 1921-f50; C39, § 1921.050; C46, 50, 54, 58, 62, 66, 71, § 123.50; C73, 75, 77, 79, 81, § 123.53]

Section History: Recent form

  85 Acts, ch 32, § 45-47; 86 Acts, ch 1246, § 603, 747; 88 Acts, ch 1151, § 1; 88 Acts, ch 1250, § 10; 92 Acts, ch 1242, § 25; 93 Acts, ch 91, § 19

Internal References

  Referred to in § 24.14, 123.24, 123.183

Footnotes

  See § 24.14


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