House File 766 H-1329 Amend House File 766 as follows: 1 1. Page 1, after line 18 by inserting: 2 < Sec. ___. Section 123.46A, subsection 3, Code 2021, is 3 amended to read as follows: 4 3. A violation of this section or any other provision 5 of this chapter shall subject the licensee or permittee to 6 the penalty provisions of section 123.39 . If the licensee 7 or permittee, an employee of the licensee or permittee, or a 8 person delivering alcoholic liquor, wine, or beer for a third 9 party acting on behalf of the licensee or permittee pursuant 10 to a written agreement violates this section, the licensee or 11 permittee shall not be assessed a penalty under section 123.39 12 if the licensee or permittee establishes all of the following: 13 a. The violation was committed off of the licensee’s 14 or permittee’s premises after the liquor, wine, or beer 15 was removed from the licensee’s or permittee’s premises in 16 fulfillment of a delivery order. 17 b. (1) If the person who committed the violation is an 18 employee of the licensee or permittee, that no other violation 19 of this section was committed by any employee of the licensee 20 or permittee within the two-year period immediately preceding 21 the date of violation. 22 (2) If the person who committed the violation is a person 23 delivering for a third party acting on behalf of the licensee 24 or permittee, that no other violation of this section was 25 committed by any person delivering for the same third party 26 while the third party was acting on behalf of the licensee or 27 permittee within the two-year period immediately preceding the 28 date of violation. > 29 2. By renumbering as necessary. 30 ______________________________ SEXTON of Calhoun -1- HF766.1736 (3) 89 je/rn 1/ 1 #1. #2.