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.