1. Any person who violates any of the provisions of section 123.49, except subsection 2, paragraph "h", shall be guilty of a simple misdemeanor. A person who violates section 123.49, subsection 2, paragraph "h", commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 2.
2. The conviction of any liquor control licensee, wine permittee, or beer permittee for a violation of any of the provisions of section 123.49, subject to subsection 3 of this section, is grounds for the suspension or revocation of the license or permit by the division or the local authority. However, if any liquor control licensee is convicted of any violation of subsection 2, paragraph "a", "d" or "e", of that section, or any wine or beer permittee is convicted of a violation of paragraph "a" or "e" of that section, the liquor control license, wine permit, or beer permit shall be revoked and shall immediately be surrendered by the holder, and the bond, if any, of the license or permit holder shall be forfeited to the division.
3. If any licensee, wine permittee, beer permittee, or employee of a licensee or permittee is convicted of a violation of section 123.49, subsection 2, paragraph "h", or if a retail wine or beer permittee is convicted of a violation of paragraph "i" of that subsection, the administrator or local authority shall, in addition to criminal penalties fixed for violations by this section, assess a civil penalty as follows:
a. Upon a first conviction, the violator's liquor control license, wine permit, or beer permit shall be suspended for a period of fourteen days. However, if the conviction is for a violation of section 123.49, subsection 2, paragraph "h", the violator's liquor control license or wine or beer permit shall not be suspended, but the violator shall be assessed a civil penalty in the amount of five hundred dollars. Failure to pay the civil penalty as ordered under section 123.39 for a violation of section 123.49, subsection 2, paragraph "h", or this subsection will result in automatic suspension of the license or permit for a period of fourteen days.
b. Upon a second conviction within a period of two years, the violator's liquor control license, wine permit, or beer permit shall be suspended for a period of thirty days. However, if the conviction is for a violation of section 123.49, subsection 2, paragraph "h", the violator shall also be assessed a civil penalty in the amount of one thousand five hundred dollars.
c. Upon a third conviction within a period of three years, the violator's liquor control license, wine permit, or beer permit shall be suspended for a period of sixty days. However, if the conviction is for a violation of section 123.49, subsection 2, paragraph "h", the violator shall also be assessed a civil penalty in the amount of one thousand five hundred dollars.
d. Upon a fourth conviction within a period of three years, the violator's liquor control license, wine permit, or beer permit shall be revoked.
4. In addition to any other penalties imposed under this chapter, the division shall assess a civil penalty up to the amount of five thousand dollars upon a class "E" liquor control licensee when the class "E" liquor license is revoked for a violation of section 123.59. Failure to pay the civil penalty as required under this subsection shall result in forfeiture of the bond to the division.
[C35, § 1921-f46, 1921-f127; C39, § 1921.046, 1921.132; C46, 50, 54, 58, 62, 66, 71, § 123.46, 124.37; C73, 75, 77, 79, 81, § 123.50]
84 Acts, ch 1275, § 4; 84 Acts, ch 1292, § 1; 85 Acts, ch 32, § 43; 86 Acts, ch 1246, § 745; 88 Acts, ch 1088, § 6; 88 Acts, ch 1241, § 14; 89 Acts, ch 252, § 2; 93 Acts, ch 91, § 18; 94 Acts, ch 1172, §5; 97 Acts, ch 126, § 5, 6; 98 Acts, ch 1204, § 1, 2; 2001 Acts, ch 137, § 5
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