Senate
File
2310
-
Enrolled
Senate
File
2310
AN
ACT
RELATING
TO
ALCOHOLIC
BEVERAGE
CONTROL
AND
MATTERS
UNDER
THE
PURVIEW
OF
THE
ALCOHOLIC
BEVERAGES
DIVISION
OF
THE
DEPARTMENT
OF
COMMERCE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
123.3,
Code
2018,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
8A.
“Brewpub”
means
a
commercial
establishment
authorized
to
sell
beer
at
retail
for
consumption
on
or
off
the
premises
that
is
operated
by
a
person
who
holds
a
class
“C”
liquor
control
license
or
a
class
“B”
beer
permit
and
who
also
holds
a
special
class
“A”
beer
permit
that
authorizes
the
holder
to
manufacture
and
sell
beer
pursuant
to
this
chapter.
Sec.
2.
Section
123.3,
subsection
5,
Code
2018,
is
amended
to
read
as
follows:
5.
“Alcoholic
liquor”
or
“intoxicating
liquor”
means
the
varieties
of
liquor
defined
in
subsections
3
and
43
which
contain
more
than
five
percent
of
alcohol
by
weight,
beverages
made
as
described
in
subsection
7
which
beverages
contain
more
than
five
percent
of
alcohol
by
weight
or
six
and
twenty-five
hundredths
percent
of
alcohol
by
volume
but
which
are
not
wine
as
defined
in
subsection
47
or
high
alcoholic
content
beer
as
defined
in
subsection
19
,
and
every
other
liquid
or
solid,
patented
or
not,
containing
spirits
and
every
beverage
Senate
File
2310,
p.
2
obtained
by
the
process
described
in
subsection
47
containing
more
than
seventeen
percent
alcohol
by
weight
or
twenty-one
and
twenty-five
hundredths
percent
of
alcohol
by
volume,
and
susceptible
of
being
consumed
by
a
human
being,
for
beverage
purposes.
Alcohol
manufactured
in
this
state
for
use
as
fuel
pursuant
to
an
experimental
distilled
spirits
plant
permit
or
its
equivalent
issued
by
the
federal
bureau
of
alcohol,
tobacco
and
firearms
is
not
an
“alcoholic
liquor”
.
Sec.
3.
Section
123.3,
subsection
9,
Code
2018,
is
amended
to
read
as
follows:
9.
“Broker”
means
a
person
who
represents
or
promotes
alcoholic
liquor
within
the
state
on
behalf
of
the
holder
of
a
distiller’s
certificate
of
compliance
through
an
agreement
with
the
distiller,
and
whose
name
is
disclosed
on
a
distiller’s
current
certificate
of
compliance
as
its
representative
in
the
state
,
a
manufacturer’s
license,
or
a
class
“A”
native
distilled
spirits
license
.
An
employee
of
the
holder
of
a
distiller’s
certificate
of
compliance
,
a
manufacturer’s
license,
or
a
class
“A”
native
distilled
spirits
license
is
not
a
broker.
Sec.
4.
Section
123.4,
Code
2018,
is
amended
to
read
as
follows:
123.4
Alcoholic
beverages
division
created.
An
alcoholic
beverages
division
is
created
within
the
department
of
commerce
to
administer
and
enforce
the
laws
of
this
state
concerning
beer,
wine,
and
alcoholic
liquor
beverage
control
.
Sec.
5.
Section
123.9,
subsections
5,
6,
and
7,
Code
2018,
are
amended
to
read
as
follows:
5.
To
grant
and
issue
beer
permits,
wine
permits,
special
permits,
liquor
control
licenses,
and
other
licenses;
and
to
suspend
or
revoke
all
such
permits
and
licenses
for
cause
under
this
chapter
.
6.
To
license,
inspect,
and
control
the
manufacture
of
beer,
wine,
and
alcoholic
liquors
beverages
and
regulate
the
entire
beer,
wine,
and
liquor
alcoholic
beverage
industry
in
the
state.
7.
To
accept
intoxicating
alcoholic
liquors
ordered
delivered
to
the
alcoholic
beverages
division
pursuant
to
Senate
File
2310,
p.
3
chapter
809A
,
and
offer
for
sale
and
deliver
the
intoxicating
alcoholic
liquors
to
class
“E”
liquor
control
licensees,
unless
the
administrator
determines
that
the
intoxicating
alcoholic
liquors
may
be
adulterated
or
contaminated.
If
the
administrator
determines
that
the
intoxicating
alcoholic
liquors
may
be
adulterated
or
contaminated,
the
administrator
shall
order
their
destruction.
Sec.
6.
Section
123.10,
subsection
6,
Code
2018,
is
amended
to
read
as
follows:
6.
Providing
for
the
issuance
and
electronic
distribution
of
price
lists
which
show
the
price
to
be
paid
by
class
“E”
liquor
control
licensees
for
each
brand,
class,
or
variety
of
liquor
kept
for
sale
by
the
division,
providing
for
the
filing
or
posting
of
prices
charged
in
sales
between
class
“A”
beer
and
class
“A”
wine
permit
holders
and
retailers,
as
provided
in
this
chapter
,
and
establishing
or
controlling
the
prices
based
on
minimum
standards
of
fill,
quantity,
or
alcoholic
content
for
each
individual
sale
of
intoxicating
liquor
or
beer
alcoholic
beverages
as
deemed
necessary
for
retail
or
consumer
protection.
However,
the
division
shall
not
regulate
markups,
prices,
discounts,
allowances,
or
other
terms
of
sale
at
which
alcoholic
liquor
may
be
purchased
by
the
retail
public
or
liquor
control
licensees
from
class
“E”
liquor
control
licensees
or
at
which
wine
may
be
purchased
and
sold
by
class
“A”
and
retail
wine
permittees,
or
change,
nullify,
or
vary
the
terms
of
an
agreement
between
a
holder
of
a
vintner
certificate
of
compliance
and
a
class
“A”
wine
permittee.
Sec.
7.
Section
123.14,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
The
department
of
public
safety
is
the
primary
beer,
wine,
and
liquor
alcoholic
beverage
control
law
enforcement
authority
for
this
state.
Sec.
8.
Section
123.22,
subsection
2,
Code
2018,
is
amended
to
read
as
follows:
2.
No
person,
acting
individually
or
through
another
acting
for
the
person
shall
directly
or
indirectly,
or
upon
any
pretense,
or
by
any
device,
manufacture,
sell,
exchange,
barter,
dispense,
give
in
consideration
of
the
purchase
of
any
property
or
of
any
services
or
in
evasion
of
this
chapter
,
Senate
File
2310,
p.
4
or
keep
for
sale,
or
have
possession
of
any
intoxicating
alcoholic
liquor,
except
as
provided
in
this
chapter
;
or
own,
keep,
or
be
in
any
way
concerned,
engaged,
or
employed
in
owning
or
keeping,
any
intoxicating
alcoholic
liquor
with
intent
to
violate
any
provision
of
this
chapter
,
or
authorize
or
permit
the
same
to
be
done;
or
manufacture,
own,
sell,
or
have
possession
of
any
manufactured
or
compounded
article,
mixture
or
substance,
not
in
a
liquid
form,
and
containing
alcohol
which
may
be
converted
into
a
beverage
by
a
process
of
pressing
or
straining
the
alcohol
therefrom,
or
any
instrument
intended
for
use
and
capable
of
being
used
in
the
manufacture
of
intoxicating
alcoholic
liquor;
or
own
or
have
possession
of
any
material
used
exclusively
in
the
manufacture
of
intoxicating
alcoholic
liquor;
or
use
or
have
possession
of
any
material
with
intent
to
use
it
in
the
manufacture
of
intoxicating
alcoholic
liquors;
however,
alcohol
may
be
manufactured
for
industrial
and
nonbeverage
purposes
by
persons
who
have
qualified
for
that
purpose
as
provided
by
the
laws
of
the
United
States
and
the
laws
of
this
state.
Such
alcohol,
so
manufactured,
may
be
denatured,
transported,
used,
possessed,
sold,
and
bartered
and
dispensed,
subject
to
the
limitations,
prohibitions
and
restrictions
imposed
by
the
laws
of
the
United
States
and
this
state.
Any
person
may
manufacture,
sell,
or
transport
ingredients
and
devices
other
than
alcohol
for
the
making
of
homemade
wine
or
beer.
Sec.
9.
Section
123.23,
subsections
1
and
5,
Code
2018,
are
amended
to
read
as
follows:
1.
Any
manufacturer,
distiller,
or
importer
of
alcoholic
beverages
liquors
shipping,
selling,
or
having
alcoholic
beverages
liquors
brought
into
this
state
for
resale
by
the
state
shall,
as
a
condition
precedent
to
the
privilege
of
so
trafficking
in
alcoholic
liquors
in
this
state,
annually
make
application
for
and
hold
a
distiller’s
certificate
of
compliance
which
shall
be
issued
by
the
administrator
for
that
purpose.
No
brand
of
alcoholic
liquor
shall
be
sold
by
the
division
in
this
state
unless
the
manufacturer,
distiller,
importer,
and
all
other
persons
participating
in
the
distribution
of
that
brand
in
this
state
have
obtained
a
certificate.
The
certificate
of
compliance
shall
expire
at
the
Senate
File
2310,
p.
5
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
application
to
the
administrator
unless
otherwise
suspended
or
revoked
for
cause.
Each
application
for
a
certificate
of
compliance
or
renewal
shall
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
accompanied
by
a
fee
of
fifty
dollars
payable
to
the
division.
However,
this
subsection
need
not
apply
to
a
manufacturer,
distiller,
or
importer
who
ships
or
sells
in
this
state
no
more
than
eleven
gallons
or
its
case
equivalent
during
any
fiscal
year
as
a
result
of
“special
orders”
which
might
be
placed,
as
defined
and
allowed
by
divisional
rules
adopted
under
this
chapter
.
5.
This
section
shall
not
require
the
listing
of
those
persons
who
are
employed
on
premises
where
alcoholic
beverages
liquors
are
manufactured,
processed,
bottled
or
packaged
in
Iowa
or
persons
who
are
thereafter
engaged
in
the
transporting
of
such
alcoholic
beverages
liquors
to
the
division.
Sec.
10.
Section
123.25,
Code
2018,
is
amended
to
read
as
follows:
123.25
Consumption
on
premises.
An
officer,
clerk,
agent,
or
employee
of
the
division
employed
in
a
state-owned
warehouse
shall
not
allow
any
alcoholic
liquor
beverage
to
be
consumed
on
the
premises,
nor
shall
a
person
consume
any
alcoholic
liquor
on
the
premises
except
for
testing
or
sampling
purposes
only.
Sec.
11.
Section
123.28,
subsections
2
and
5,
Code
2018,
are
amended
to
read
as
follows:
2.
The
division
shall
deliver
alcoholic
liquor
purchased
by
class
“E”
liquor
control
licensees.
Class
“E”
liquor
control
licensees
may
deliver
alcoholic
liquor
purchased
by
class
“A”,
“B”,
or
“C”
,
“C”
native
distilled
spirits,
or
“D”
liquor
control
licensees,
and
class
“A”,
“B”,
or
“C”
,
“C”
native
distilled
spirits,
or
“D”
liquor
control
licensees
may
transport
alcoholic
liquor
purchased
from
class
“E”
liquor
control
licensees.
5.
This
section
does
not
affect
the
right
of
a
special
permit
or
liquor
control
license
holder
to
purchase,
possess,
or
transport
alcoholic
liquors
subject
to
this
chapter
.
Sec.
12.
Section
123.30,
subsection
3,
Code
2018,
is
amended
Senate
File
2310,
p.
6
to
read
as
follows:
3.
Liquor
control
licenses
issued
under
this
chapter
shall
be
of
the
following
classes:
a.
Class
“A”.
A
class
“A”
liquor
control
license
may
be
issued
to
a
club
and
shall
authorize
the
holder
to
purchase
alcoholic
liquors
from
class
“E”
liquor
control
licensees
only,
wine
from
class
“A”
wine
permittees
or
class
“B”
wine
permittees
who
also
hold
class
“E”
liquor
control
licenses
only
as
provided
in
section
123.173
and
section
123.177
,
and
native
wines
from
native
wine
manufacturers,
and
to
sell
liquors,
wine,
and
beer
alcoholic
beverages
to
bona
fide
members
and
their
guests
by
the
individual
drink
for
consumption
on
the
premises
only.
b.
Class
“B”.
A
class
“B”
liquor
control
license
may
be
issued
to
a
hotel
or
motel
and
shall
authorize
the
holder
to
purchase
alcoholic
liquors
from
class
“E”
liquor
control
licensees
only,
wine
from
class
“A”
wine
permittees
or
class
“B”
wine
permittees
who
also
hold
class
“E”
liquor
control
licenses
only
as
provided
in
section
123.173
and
section
123.177
,
and
native
wines
from
native
wine
manufacturers,
and
to
sell
liquors,
wine,
and
beer
alcoholic
beverages
to
patrons
by
the
individual
drink
for
consumption
on
the
premises
only.
However,
beer
may
also
be
sold
for
consumption
off
the
premises.
Each
license
shall
be
effective
throughout
the
premises
described
in
the
application.
c.
Class
“C”.
(1)
A
class
“C”
liquor
control
license
may
be
issued
to
a
commercial
establishment
but
must
be
issued
in
the
name
of
the
individuals
who
actually
own
the
entire
business
and
shall
authorize
the
holder
to
purchase
alcoholic
liquors
from
class
“E”
liquor
control
licensees
only,
wine
from
class
“A”
wine
permittees
or
class
“B”
wine
permittees
who
also
hold
class
“E”
liquor
control
licenses
only
as
provided
in
section
123.173
and
section
123.177
,
and
native
wines
from
native
wine
manufacturers,
and
to
sell
liquors,
wine,
and
beer
alcoholic
beverages
to
patrons
by
the
individual
drink
for
consumption
on
the
premises
only.
However,
beer
may
also
be
sold
for
consumption
off
the
premises.
The
holder
of
a
class
“C”
liquor
control
license
may
also
hold
a
special
class
“A”
beer
permit
Senate
File
2310,
p.
7
for
the
premises
licensed
under
a
class
“C”
liquor
control
license
for
the
purpose
of
operating
a
brewpub
pursuant
to
this
chapter.
(2)
A
special
class
“C”
liquor
control
license
may
be
issued
to
a
commercial
establishment
and
shall
authorize
the
holder
to
purchase
wine
from
class
“A”
wine
permittees
or
class
“B”
wine
permittees
who
also
hold
class
“E”
liquor
control
licenses
only
as
provided
in
section
123.173
and
section
123.177
,
and
to
sell
wine
and
beer
to
patrons
by
the
individual
drink
for
consumption
on
the
premises
only.
However,
beer
may
also
be
sold
for
consumption
off
the
premises.
The
license
issued
to
holders
of
a
special
class
“C”
liquor
control
license
shall
clearly
state
on
its
face
that
the
license
is
limited.
(3)
A
class
“C”
native
distilled
spirits
liquor
control
license
may
be
issued
to
a
native
distillery
but
shall
be
issued
in
the
name
of
the
individuals
who
actually
own
the
business
and
shall
only
be
issued
to
a
native
distillery
which,
combining
all
production
facilities
of
the
business,
produces
and
manufactures
not
more
than
one
hundred
thousand
proof
gallons
of
distilled
spirits
on
an
annual
basis.
The
license
shall
authorize
the
holder
to
sell
native
distilled
spirits
manufactured
on
the
premises
of
the
native
distillery
to
patrons
by
the
individual
drink
for
consumption
on
the
premises.
All
native
distilled
spirits
sold
by
a
native
distillery
for
on-premises
consumption
shall
be
purchased
from
a
class
“E”
liquor
control
licensee.
d.
Class
“D”.
(1)
A
class
“D”
liquor
control
license
may
be
issued
to
a
railway
corporation,
to
an
air
common
carrier,
and
to
passenger-carrying
boats
or
ships
for
hire
with
a
capacity
of
twenty-five
persons
or
more
operating
in
inland
or
boundary
waters,
and
shall
authorize
the
holder
to
sell
or
furnish
alcoholic
beverages
,
wine,
and
beer
to
passengers
for
consumption
only
on
trains,
watercraft
as
described
in
this
section
,
or
aircraft,
respectively.
Each
license
is
valid
throughout
the
state.
Only
one
license
is
required
for
all
trains,
watercraft,
or
aircraft
operated
in
the
state
by
the
licensee.
However,
if
a
watercraft
is
an
excursion
gambling
boat
licensed
under
chapter
99F
,
the
owner
shall
obtain
a
Senate
File
2310,
p.
8
separate
class
“D”
liquor
control
license
for
each
excursion
gambling
boat
operating
in
the
waters
of
this
state.
(2)
A
class
“D”
liquor
control
licensee
who
operates
a
train
or
a
watercraft
intrastate
only,
or
an
excursion
gambling
boat
licensed
under
chapter
99F
,
shall
purchase
alcoholic
liquor
from
a
class
“E”
liquor
control
licensee
only,
wine
from
a
class
“A”
wine
permittee
or
a
class
“B”
wine
permittee
who
also
holds
a
class
“E”
liquor
control
license
only
as
provided
in
section
123.173
and
section
123.177
,
and
beer
from
a
class
“A”
beer
permittee
only.
e.
Class
“E”.
(1)
A
class
“E”
liquor
control
license
may
be
issued
and
shall
authorize
the
holder
to
purchase
alcoholic
liquor
from
the
division
only
and
high
alcoholic
content
beer
from
a
class
“A”
beer
permittee
only
and
to
sell
the
alcoholic
liquor
and
high
alcoholic
content
beer
at
retail
to
patrons
for
consumption
off
the
licensed
premises
and
at
wholesale
to
other
liquor
control
licensees
,
provided
the
holder
has
filed
with
the
division
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury
.
A
holder
of
a
class
“E”
liquor
control
license
may
hold
other
retail
liquor
control
licenses
or
retail
wine
or
beer
permits,
but
the
premises
licensed
under
a
class
“E”
liquor
control
license
shall
be
separate
from
other
licensed
premises,
though
the
separate
premises
may
have
a
common
entrance.
However,
the
holder
of
a
class
“E”
liquor
control
license
may
also
hold
a
class
“B”
wine
or
class
“C”
beer
permit
or
both
for
the
premises
licensed
under
a
class
“E”
liquor
control
license.
(2)
The
division
may
issue
a
class
“E”
liquor
control
license
for
premises
covered
by
a
liquor
control
license
or
wine
or
beer
permit
for
on-premises
consumption,
if
the
premises
are
in
a
county
having
a
population
under
nine
thousand
five
hundred
in
which
no
other
class
“E”
liquor
control
license
has
been
issued
by
the
division,
and
no
other
application
for
a
class
“E”
liquor
control
license
has
been
made
within
the
previous
twelve
consecutive
months.
Sec.
13.
Section
123.32,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
Senate
File
2310,
p.
9
1.
Filing
of
application.
An
application
for
a
class
“A”,
class
“B”,
class
“C”,
or
class
“E”
liquor
control
license,
for
a
class
“A”
native
distilled
spirits
license,
for
a
retail
beer
permit
as
provided
in
sections
123.128
and
123.129
,
or
for
a
class
“B”,
class
“B”
native,
or
class
“C”
native
retail
wine
permit
as
provided
in
section
123.178
,
123.178A
,
or
123.178B
123.175
,
accompanied
by
the
necessary
fee
and
bond,
if
required,
shall
be
filed
with
the
appropriate
city
council
if
the
premises
for
which
the
license
or
permit
is
sought
are
located
within
the
corporate
limits
of
a
city,
or
with
the
board
of
supervisors
if
the
premises
for
which
the
license
or
permit
is
sought
are
located
outside
the
corporate
limits
of
a
city.
An
application
for
a
class
“D”
liquor
control
license
and
for
a
class
“A”
beer
or
class
“A”
wine
permit,
accompanied
by
the
necessary
fee
and
bond,
if
required,
shall
be
submitted
to
the
division
electronically,
or
in
a
manner
prescribed
by
the
administrator,
which
shall
proceed
in
the
same
manner
as
in
the
case
of
an
application
approved
by
local
authorities.
Sec.
14.
Section
123.33,
Code
2018,
is
amended
to
read
as
follows:
123.33
Records.
Every
holder
of
a
license
or
permit
under
this
chapter
shall
maintain
records,
in
printed
and
or
electronic
format,
which
include
income
statements,
balance
sheets,
purchase
and
sales
invoices,
purchase
and
sales
ledgers,
and
any
other
records
as
the
administrator
may
require.
The
records
required
and
the
premises
of
the
licensee
or
permittee
shall
be
accessible
and
open
to
inspection
pursuant
to
section
123.30,
subsection
1
,
during
normal
business
hours
of
the
licensee
or
permittee.
Sec.
15.
Section
123.34,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
Liquor
control
licenses,
wine
permits,
and
beer
permits,
unless
sooner
suspended
or
revoked,
expire
one
year
from
date
of
issuance.
The
administrator
shall
give
notify
a
license
or
permit
holder
electronically,
or
in
a
manner
prescribed
by
the
administrator,
sixty
days’
written
notice
of
days
prior
to
the
expiration
to
of
each
licensee
license
or
permittee
permit
.
However,
the
administrator
may
issue
six-month
or
eight-month
seasonal
licenses,
class
“B”
wine
permits,
or
class
“B”
beer
Senate
File
2310,
p.
10
permits
for
a
proportionate
part
of
the
license
or
permit
fee
or
may
issue
fourteen-day
liquor
control
licenses,
native
wine
permits,
or
beer
permits
as
provided
in
subsection
2
.
No
refund
shall
be
made
for
seasonal
licenses
or
permits
or
for
fourteen-day
liquor
control
licenses,
native
wine
permits,
or
beer
permits.
No
seasonal
license
or
permit
shall
be
renewed.
However,
after
a
period
of
two
months
the
applicant
may
apply
for
a
new
seasonal
license
or
permit
for
the
same
location.
Sec.
16.
Section
123.36,
subsections
1
and
6,
Code
2018,
are
amended
to
read
as
follows:
1.
Class
“A”
liquor
control
licenses,
the
sum
of
six
hundred
dollars,
except
that
for
class
“A”
licenses
in
cities
of
less
than
two
thousand
population,
and
for
clubs
of
less
than
two
hundred
fifty
members,
the
license
fee
shall
be
four
hundred
dollars;
however,
the
fee
shall
be
two
hundred
dollars
for
any
club
which
is
a
post,
branch,
or
chapter
of
a
veterans
organization
chartered
by
the
Congress
of
the
United
States,
if
the
club
does
not
sell
or
permit
the
consumption
of
alcoholic
beverages
,
wine,
or
beer
on
the
premises
more
than
one
day
in
any
week
or
more
than
a
total
of
fifty-two
days
in
a
year,
and
if
the
application
for
a
license
states
that
the
club
does
not
and
will
not
sell
or
permit
the
consumption
of
alcoholic
beverages
,
wine,
or
beer
on
the
premises
more
than
one
day
in
any
week
or
more
than
a
total
of
fifty-two
days
in
a
year.
6.
Any
club,
hotel,
motel,
native
distillery,
or
commercial
establishment
holding
a
liquor
control
license,
subject
to
section
123.49,
subsection
2
,
paragraph
“b”
,
may
apply
for
and
receive
permission
to
sell
and
dispense
alcoholic
liquor
and
wine
beverages
as
authorized
by
section
123.30
to
patrons
on
Sunday
for
consumption
on
the
premises
only,
and
beer
for
consumption
on
or
off
the
premises
between
the
hours
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
on
the
following
Monday.
A
class
“D”
liquor
control
licensee
may
apply
for
and
receive
permission
to
sell
and
dispense
alcoholic
beverages
to
patrons
for
consumption
on
the
premises
only
between
the
hours
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
on
the
following
Monday.
For
the
privilege
of
selling
beer,
wine,
and
alcoholic
liquor
on
the
premises
on
Sunday
the
liquor
control
license
fee
of
the
applicant
shall
be
increased
by
twenty
percent
of
the
regular
Senate
File
2310,
p.
11
fee
prescribed
for
the
license
pursuant
to
this
section
,
and
the
privilege
shall
be
noted
on
the
liquor
control
license.
Sec.
17.
Section
123.37,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
The
power
to
establish
licenses
and
permits
and
levy
taxes
as
imposed
in
this
chapter
is
vested
exclusively
with
the
state.
Unless
specifically
provided,
a
local
authority
shall
not
require
the
obtaining
of
a
special
license
or
permit
for
the
sale
of
alcoholic
beverages
,
wine,
or
beer
at
any
establishment,
or
require
the
obtaining
of
a
license
by
any
person
as
a
condition
precedent
to
the
person’s
employment
in
the
sale,
serving,
or
handling
of
alcoholic
beverages
,
wine,
or
beer,
within
an
establishment
operating
under
a
license
or
permit.
Sec.
18.
Section
123.38,
subsections
1
and
2,
Code
2018,
are
amended
to
read
as
follows:
1.
A
special
permit,
liquor
control
license,
wine
permit,
or
beer
permit
is
a
personal
privilege
and
is
revocable
for
cause.
It
is
not
property
nor
is
it
subject
to
attachment
and
execution
nor
alienable
nor
assignable,
and
it
shall
cease
upon
the
death
of
the
permittee
or
licensee.
However,
the
administrator
of
the
division
may
in
the
administrator’s
discretion
allow
the
executor
or
administrator
of
a
permittee
or
licensee
to
operate
the
business
of
the
decedent
for
a
reasonable
time
not
to
exceed
the
expiration
date
of
the
permit
or
license.
Every
permit
or
license
shall
be
issued
in
the
name
of
the
applicant
and
no
person
holding
a
permit
or
license
shall
allow
any
other
person
to
use
it.
2.
Any
licensee
or
permittee,
or
the
licensee’s
or
permittee’s
executor
or
administrator,
or
any
person
duly
appointed
by
the
court
to
take
charge
of
and
administer
the
property
or
assets
of
the
licensee
or
permittee
for
the
benefit
of
the
licensee’s
or
permittee’s
creditors,
may
voluntarily
surrender
a
license
or
permit
to
the
division.
When
a
license
or
permit
is
surrendered
the
division
shall
notify
the
local
authority,
and
the
division
or
the
local
authority
shall
refund
to
the
person
surrendering
the
license
or
permit,
a
proportionate
amount
of
the
fee
received
by
the
division
or
the
local
authority
for
the
license
or
permit
as
follows:
if
Senate
File
2310,
p.
12
a
license
or
permit
is
surrendered
during
the
first
three
months
of
the
period
for
which
it
was
issued,
the
refund
shall
be
three-fourths
of
the
amount
of
the
fee;
if
surrendered
more
than
three
months
but
not
more
than
six
months
after
issuance,
the
refund
shall
be
one-half
of
the
amount
of
the
fee;
if
surrendered
more
than
six
months
but
not
more
than
nine
months
after
issuance,
the
refund
shall
be
one-fourth
of
the
amount
of
the
fee.
No
refund
shall
be
made,
however,
for
any
special
permit,
liquor
control
license,
wine
permit,
or
beer
permit
surrendered
more
than
nine
months
after
issuance.
For
purposes
of
this
subsection
,
any
portion
of
license
or
permit
fees
used
for
the
purposes
authorized
in
section
331.424,
subsection
1
,
paragraph
“a”
,
subparagraphs
(1)
and
(2),
and
in
section
331.424A
,
shall
not
be
deemed
received
either
by
the
division
or
by
a
local
authority.
No
refund
shall
be
made
to
any
licensee
or
permittee
upon
the
surrender
of
the
license
or
permit
if
there
is
at
the
time
of
surrender
a
complaint
filed
with
the
division
or
local
authority
charging
the
licensee
or
permittee
with
a
violation
of
this
chapter
.
If
upon
a
hearing
on
a
complaint
the
license
or
permit
is
not
revoked
or
suspended,
then
the
licensee
or
permittee
is
eligible,
upon
surrender
of
the
license
or
permit,
to
receive
a
refund
as
provided
in
this
section
.
However,
if
the
license
or
permit
is
revoked
or
suspended
upon
hearing,
the
licensee
or
permittee
is
not
eligible
for
the
refund
of
any
portion
of
the
license
or
permit
fee.
Sec.
19.
Section
123.39,
subsection
1,
paragraph
b,
subparagraph
(3),
Code
2018,
is
amended
to
read
as
follows:
(3)
Any
change
in
the
ownership
or
interest
in
the
business
operated
under
a
class
“A”,
class
“B”,
or
class
“C”
liquor
control
license,
or
any
wine
or
beer
permit,
which
change
was
not
previously
reported
to
in
a
manner
prescribed
by
the
administrator
within
thirty
days
of
the
change
and
subsequently
approved
by
the
local
authority
and
the
division.
Sec.
20.
Section
123.39,
subsection
1,
paragraph
c,
Code
2018,
is
amended
to
read
as
follows:
c.
A
criminal
conviction
is
not
a
prerequisite
to
suspension,
revocation,
or
imposition
of
a
civil
penalty
pursuant
to
this
section
.
A
local
authority
which
acts
Senate
File
2310,
p.
13
pursuant
to
this
section
,
or
section
123.32
,
or
section
123.50
shall
notify
the
division
in
writing
of
the
action
taken,
and
shall
notify
the
licensee
or
permit
holder
of
the
right
to
appeal
a
suspension,
revocation,
or
imposition
of
a
civil
penalty
to
the
division.
Civil
penalties
imposed
and
collected
by
the
local
authority
under
this
section
shall
be
retained
by
the
local
authority.
Civil
penalties
imposed
and
collected
by
the
division
under
this
section
shall
be
retained
by
the
division.
Sec.
21.
Section
123.39,
subsections
2
and
3,
Code
2018,
are
amended
to
read
as
follows:
2.
Local
authorities
may
suspend
any
retail
wine
or
beer
permit
or
liquor
control
license
or
retail
wine
or
beer
permit
for
a
violation
of
any
ordinance
or
regulation
adopted
by
the
local
authority.
Local
authorities
may
adopt
ordinances
or
regulations
for
the
location
of
the
premises
of
retail
wine
or
beer
and
liquor
control
licensed
and
retail
wine
or
beer
permitted
establishments
and
local
authorities
may
adopt
ordinances,
not
in
conflict
with
this
chapter
and
that
do
not
diminish
the
hours
during
which
beer,
wine,
or
alcoholic
beverages
may
be
sold
or
consumed
at
retail,
governing
any
other
activities
or
matters
which
may
affect
the
retail
sale
and
consumption
of
beer,
wine,
and
alcoholic
liquor
beverages
and
the
health,
welfare
and
morals
of
the
community
involved.
3.
When
a
liquor
control
license
or
retail
wine
or
beer
permit
is
suspended
after
a
hearing
as
a
result
of
violations
of
this
chapter
by
the
licensee,
permittee
or
the
licensee’s
or
permittee’s
agents
or
employees,
the
premises
which
were
licensed
by
the
license
or
permit
shall
not
be
relicensed
for
a
new
applicant
until
the
suspension
has
terminated
or
time
of
suspension
has
elapsed,
or
ninety
days
have
elapsed
since
the
commencement
of
the
suspension,
whichever
occurs
first.
However,
this
section
does
not
prohibit
the
premises
from
being
relicensed
to
a
new
applicant
before
the
suspension
has
terminated
or
before
the
time
of
suspension
has
elapsed
or
before
ninety
days
have
elapsed
from
the
commencement
of
the
suspension,
if
the
premises
prior
to
the
time
of
the
suspension
had
been
purchased
under
contract,
and
the
vendor
under
that
contract
had
exercised
the
person’s
rights
under
chapter
656
Senate
File
2310,
p.
14
and
sold
the
property
to
a
different
person
who
is
not
related
to
the
previous
licensee
or
permittee
by
marriage
or
within
the
third
degree
of
consanguinity
or
affinity
and
if
the
previous
licensee
or
permittee
does
not
have
a
financial
interest
in
the
business
of
the
new
applicant.
Sec.
22.
Section
123.41,
subsection
2,
Code
2018,
is
amended
to
read
as
follows:
2.
As
a
condition
precedent
to
the
approval
and
granting
of
a
manufacturer’s
license,
an
applicant
shall
file
with
the
division
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
and
a
statement
under
oath
with
the
division
that
the
applicant
is
a
bona
fide
manufacturer
of
alcoholic
liquors,
and
that
the
applicant
will
faithfully
observe
and
comply
with
all
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
alcoholic
liquor.
Sec.
23.
Section
123.42,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
Prior
to
representing
or
promoting
a
distiller’s
alcoholic
liquor
products
in
the
state,
the
broker
shall
submit
an
application
to
the
division
electronically,
or
in
a
manner
prescribed
by
the
administrator,
for
a
broker’s
permit.
The
administrator
may
in
accordance
with
this
chapter
issue
a
broker’s
permit
which
shall
be
valid
for
one
year
from
the
date
of
issuance
unless
it
is
sooner
suspended
or
revoked
for
a
violation
of
this
chapter
.
A
broker’s
permit
is
valid
throughout
the
state,
and
a
broker
who
represents
more
than
one
distiller
is
required
to
obtain
only
one
broker’s
permit.
Sec.
24.
Section
123.42,
Code
2018,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
At
the
time
of
applying
for
a
broker’s
permit,
each
applicant
shall
submit
to
the
division
a
list
of
names
and
addresses
of
all
manufacturers,
distillers,
and
importers
whom
the
applicant
has
been
appointed
to
represent
in
the
state
of
Iowa
for
any
purpose.
The
listing
shall
be
amended
by
the
broker
as
necessary
to
keep
the
listing
current
with
the
division.
NEW
SUBSECTION
.
1B.
A
broker’s
permit
is
valid
throughout
the
state,
and
a
broker
who
represents
more
than
one
Senate
File
2310,
p.
15
certificate
or
license
holder
is
required
to
obtain
only
one
broker’s
permit.
Sec.
25.
Section
123.42,
subsection
4,
Code
2018,
is
amended
to
read
as
follows:
4.
The
holder
of
a
distiller’s
certificate
of
compliance
,
a
manufacturer’s
license,
or
a
class
“A”
native
distilled
spirits
license
is
not
required
to
appoint
a
broker
to
represent
its
alcoholic
liquor
products
in
the
state.
If
the
holder
of
a
distiller’s
certificate
of
compliance
appoints
a
broker
to
represent
its
alcoholic
liquor
products
in
the
state,
the
name
and
address
of
the
broker
shall
be
disclosed
on
the
distiller’s
application
for
a
certificate
of
compliance,
and
the
requirements
in
this
section
shall
apply
to
the
appointed
broker.
Sec.
26.
Section
123.43,
subsection
2,
paragraph
d,
Code
2018,
is
amended
to
read
as
follows:
d.
That
the
applicant
is
a
bona
fide
manufacturer
of
alcoholic
liquors
has
filed
with
the
division
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury
,
and
that
the
applicant
will
faithfully
observe
and
comply
with
all
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
alcoholic
liquor.
Sec.
27.
Section
123.44,
Code
2018,
is
amended
to
read
as
follows:
123.44
Gift
of
liquors
Gifts
prohibited.
A
manufacturer
or
broker
shall
not
give
away
alcoholic
liquor
at
any
time
in
connection
with
the
manufacturer’s
or
broker’s
business
except
for
testing
or
sampling
purposes
only.
A
manufacturer,
distiller,
vintner,
brewer,
broker,
wholesaler,
or
importer,
organized
as
a
corporation
pursuant
to
the
laws
of
this
state
or
any
other
state,
who
deals
in
alcoholic
liquor,
wine,
or
beer
beverages
subject
to
regulation
under
this
chapter
shall
not
offer
or
give
anything
of
value
to
a
commission
member,
official
or
employee
of
the
division,
or
directly
or
indirectly
contribute
in
any
manner
any
money
or
thing
of
value
to
a
person
seeking
a
public
or
appointive
office
or
a
recognized
political
party
or
a
group
of
persons
seeking
to
become
a
recognized
political
party.
Senate
File
2310,
p.
16
Sec.
28.
Section
123.47,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
A
person
shall
not
sell,
give,
or
otherwise
supply
any
alcoholic
liquor,
wine,
or
beer
beverage
to
any
person
knowing
or
having
reasonable
cause
to
believe
that
person
to
be
under
legal
age.
Sec.
29.
Section
123.47,
subsection
2,
paragraph
a,
Code
2018,
is
amended
to
read
as
follows:
a.
Except
for
the
purposes
described
in
subsection
3
,
a
person
who
is
the
owner
or
lessee
of,
or
who
otherwise
has
control
over,
property
that
is
not
a
licensed
premises,
shall
not
knowingly
permit
any
person,
knowing
or
having
reasonable
cause
to
believe
the
person
to
be
under
the
age
of
eighteen,
to
consume
or
possess
on
such
property
any
alcoholic
liquor,
wine,
or
beer
beverage
.
Sec.
30.
Section
123.47,
subsection
2,
paragraph
c,
subparagraph
(2),
Code
2018,
is
amended
to
read
as
follows:
(2)
A
person
under
legal
age
who
consumes
or
possesses
any
alcoholic
liquor,
wine,
or
beer
beverage
in
connection
with
a
religious
observance,
ceremony,
or
rite.
Sec.
31.
Section
123.47,
subsection
3,
Code
2018,
is
amended
to
read
as
follows:
3.
A
person
or
persons
under
legal
age
shall
not
purchase
or
attempt
to
purchase,
consume,
or
individually
or
jointly
have
alcoholic
liquor,
wine,
or
beer
beverages
in
their
possession
or
control;
except
in
the
case
of
liquor,
wine,
or
beer
any
alcoholic
beverage
given
or
dispensed
to
a
person
under
legal
age
within
a
private
home
and
with
the
knowledge,
presence,
and
consent
of
the
parent
or
guardian,
for
beverage
or
medicinal
purposes
or
as
administered
to
the
person
by
either
a
physician
or
dentist
for
medicinal
purposes
and
except
to
the
extent
that
a
person
under
legal
age
may
handle
alcoholic
beverages
,
wine,
and
beer
during
the
regular
course
of
the
person’s
employment
by
a
liquor
control
licensee,
or
wine
or
beer
permittee
under
this
chapter
.
Sec.
32.
Section
123.47,
subsection
4,
paragraph
a,
unnumbered
paragraph
1,
Code
2018,
is
amended
to
read
as
follows:
A
person
who
is
eighteen,
nineteen,
or
twenty
years
of
age,
Senate
File
2310,
p.
17
other
than
a
licensee
or
permittee,
who
violates
this
section
regarding
the
purchase
of,
attempt
to
purchase,
or
consumption
of
any
alcoholic
liquor,
wine,
or
beer
beverage
,
or
possessing
or
having
control
of
any
alcoholic
liquor,
wine,
or
beer
beverage
,
commits
the
following:
Sec.
33.
Section
123.47,
subsections
5,
6,
and
7,
Code
2018,
are
amended
to
read
as
follows:
5.
Except
as
otherwise
provided
in
subsections
6
and
7
,
a
person
who
is
of
legal
age,
other
than
a
licensee
or
permittee,
who
sells,
gives,
or
otherwise
supplies
any
alcoholic
liquor,
wine,
or
beer
beverage
to
a
person
who
is
under
legal
age
in
violation
of
this
section
commits
a
serious
misdemeanor
punishable
by
a
minimum
fine
of
five
hundred
dollars.
6.
A
person
who
is
of
legal
age,
other
than
a
licensee
or
permittee,
who
sells,
gives,
or
otherwise
supplies
any
alcoholic
liquor,
wine,
or
beer
beverage
to
a
person
who
is
under
legal
age
in
violation
of
this
section
which
results
in
serious
injury
to
any
person
commits
an
aggravated
misdemeanor.
7.
A
person
who
is
of
legal
age,
other
than
a
licensee
or
permittee,
who
sells,
gives,
or
otherwise
supplies
any
alcoholic
liquor,
wine,
or
beer
beverage
to
a
person
who
is
under
legal
age
in
violation
of
this
section
which
results
in
the
death
of
any
person
commits
a
class
“D”
felony.
Sec.
34.
Section
123.49,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
A
person
shall
not
sell,
dispense,
or
give
to
an
intoxicated
person,
or
one
simulating
intoxication,
any
alcoholic
liquor,
wine,
or
beer
beverage
.
a.
A
person
other
than
a
person
required
to
hold
a
license
or
permit
under
this
chapter
who
dispenses
or
gives
an
alcoholic
beverage
,
wine,
or
beer
in
violation
of
this
subsection
is
not
civilly
liable
to
an
injured
person
or
the
estate
of
a
person
for
injuries
inflicted
on
that
person
as
a
result
of
intoxication
by
the
consumer
of
the
alcoholic
beverage
,
wine,
or
beer
.
b.
The
general
assembly
declares
that
this
subsection
shall
be
interpreted
so
that
the
holding
of
Clark
v.
Mincks
,
364
N.W.2d
226
(Iowa
1985)
is
abrogated
in
favor
of
prior
judicial
interpretation
finding
the
consumption
of
alcoholic
beverages
,
Senate
File
2310,
p.
18
wine,
or
beer
rather
than
the
serving
of
alcoholic
beverages
,
wine,
or
beer
as
the
proximate
cause
of
injury
inflicted
upon
another
by
an
intoxicated
person.
Sec.
35.
Section
123.49,
subsection
2,
paragraphs
c,
f,
h,
i,
and
j,
Code
2018,
are
amended
to
read
as
follows:
c.
Sell
alcoholic
beverages
,
wine,
or
beer
to
any
person
on
credit,
except
with
a
bona
fide
credit
card.
This
provision
does
not
apply
to
sales
by
a
club
to
its
members,
to
sales
by
a
hotel
or
motel
to
bona
fide
registered
guests,
nor
to
retail
sales
by
the
managing
entity
of
a
convention
center,
civic
center,
or
events
center.
f.
Employ
a
person
under
eighteen
years
of
age
in
the
sale
or
serving
of
alcoholic
liquor,
wine,
or
beer
beverages
for
consumption
on
the
premises
where
sold.
h.
Sell,
give,
or
otherwise
supply
any
alcoholic
beverage
,
wine,
or
beer
to
any
person,
knowing
or
failing
to
exercise
reasonable
care
to
ascertain
whether
the
person
is
under
legal
age,
or
permit
any
person,
knowing
or
failing
to
exercise
reasonable
care
to
ascertain
whether
the
person
is
under
legal
age,
to
consume
any
alcoholic
beverage
,
wine,
or
beer
.
i.
In
the
case
of
a
retail
beer
wine
or
wine
beer
permittee,
knowingly
allow
the
mixing
or
adding
of
alcohol
or
any
alcoholic
beverage
to
wine,
beer,
wine,
or
any
other
beverage
in
or
about
the
permittee’s
place
of
business.
j.
Knowingly
permit
or
engage
in
any
criminal
activity
on
the
premises
covered
by
the
license
or
permit.
However,
the
absence
of
security
personnel
on
the
licensed
premises
is
insufficient,
without
additional
evidence,
to
prove
that
criminal
activity
occurring
on
the
licensed
premises
was
knowingly
permitted
in
violation
of
this
paragraph
“j”
.
For
purposes
of
this
paragraph
“j”
,
“premises”
includes
parking
lots
and
areas
adjacent
to
the
premises
of
a
liquor
control
licensee
or
wine
or
beer
permittee
authorized
to
sell
alcoholic
beverages
for
consumption
on
the
licensed
premises
and
used
by
patrons
of
the
liquor
control
licensee
or
wine
or
beer
permittee.
Sec.
36.
Section
123.49,
subsections
3
and
4,
Code
2018,
are
amended
to
read
as
follows:
3.
A
person
under
legal
age
shall
not
misrepresent
the
Senate
File
2310,
p.
19
person’s
age
for
the
purpose
of
purchasing
or
attempting
to
purchase
any
alcoholic
beverage
,
wine,
or
beer
from
any
liquor
control
licensee
or
wine
or
beer
permittee.
If
any
person
under
legal
age
misrepresents
the
person’s
age,
and
the
licensee
or
permittee
establishes
that
the
licensee
or
permittee
made
reasonable
inquiry
to
determine
whether
the
prospective
purchaser
was
over
legal
age,
the
licensee
or
permittee
is
not
guilty
of
selling
alcoholic
liquor,
wine,
or
beer
beverages
to
a
person
under
legal
age.
4.
No
privilege
of
selling
alcoholic
liquor,
wine,
or
beer
beverages
on
Sunday
as
provided
in
section
123.36,
subsection
6
,
and
section
123.134,
subsection
4
,
shall
be
granted
to
a
club
or
other
organization
which
places
restrictions
on
admission
or
membership
in
the
club
or
organization
on
the
basis
of
sex,
race,
religion,
or
national
origin.
However,
the
privilege
may
be
granted
to
a
club
or
organization
which
places
restrictions
on
membership
on
the
basis
of
sex,
if
the
club
or
organization
has
an
auxiliary
organization
open
to
persons
of
the
other
sex.
Sec.
37.
Section
123.50,
subsection
2,
Code
2018,
is
amended
to
read
as
follows:
2.
The
conviction
of
any
liquor
control
licensee
,
or
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
section
123.49,
subsection
2
,
paragraph
“a”
,
“d”
,
or
“e”
,
or
any
wine
or
beer
permittee
is
convicted
of
a
violation
of
section
123.49,
subsection
2
,
paragraph
“a”
or
“e”
,
the
liquor
control
license
,
or
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.
Sec.
38.
Section
123.50,
subsection
3,
unnumbered
paragraph
1,
Code
2018,
is
amended
to
read
as
follows:
If
any
liquor
control
licensee,
wine
permittee,
or
beer
permittee,
or
employee
of
a
licensee
or
permittee
is
convicted
or
found
in
violation
of
section
123.49,
subsection
2
,
Senate
File
2310,
p.
20
paragraph
“h”
,
the
administrator
or
local
authority
shall,
in
addition
to
criminal
penalties
fixed
for
violations
by
this
section
,
assess
a
civil
penalty
as
follows:
Sec.
39.
Section
123.50,
subsection
5,
Code
2018,
is
amended
to
read
as
follows:
5.
If
an
employee
of
a
liquor
control
licensee
or
wine
or
beer
permittee
violates
section
123.49,
subsection
2
,
paragraph
“h”
,
the
licensee
or
permittee
shall
not
be
assessed
a
penalty
under
subsection
3
,
and
the
violation
shall
be
deemed
not
to
be
a
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
for
the
purpose
of
determining
the
number
of
violations
for
which
a
penalty
may
be
assessed
pursuant
to
subsection
3
,
if
the
employee
holds
a
valid
certificate
of
completion
of
the
alcohol
compliance
employee
training
program
pursuant
to
section
123.50A
at
the
time
of
the
violation,
and
if
the
violation
involves
selling,
giving,
or
otherwise
supplying
any
alcoholic
beverage
,
wine,
or
beer
to
a
person
between
the
ages
of
eighteen
and
twenty
years
of
age.
A
violation
involving
a
person
under
the
age
of
eighteen
years
of
age
shall
not
qualify
for
the
bar
against
assessment
of
a
penalty
pursuant
to
subsection
3
,
for
a
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
.
A
licensee
or
permittee
may
assert
only
once
in
a
four-year
period
the
bar
under
this
subsection
against
assessment
of
a
penalty
pursuant
to
subsection
3
,
for
a
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
that
takes
place
at
the
same
place
of
business
location.
Sec.
40.
Section
123.50A,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
If
sufficient
funding
is
appropriated,
the
division
shall
develop
an
alcohol
compliance
employee
training
program,
not
to
exceed
two
hours
in
length
for
employees
and
prospective
employees
of
licensees
and
permittees,
to
inform
the
employees
about
state
and
federal
liquor
laws
and
regulations
regarding
the
sale
of
alcoholic
liquor,
wine,
or
beer
beverages
to
persons
under
legal
age,
and
compliance
with
and
the
importance
of
laws
regarding
the
sale
of
alcoholic
liquor,
wine,
or
beer
beverages
to
persons
under
legal
age.
In
developing
the
alcohol
compliance
employee
training
program,
the
division
may
consult
with
stakeholders
who
have
expertise
in
the
laws
and
Senate
File
2310,
p.
21
regulations
regarding
the
sale
of
alcoholic
liquor,
wine,
or
beer
beverages
to
persons
under
legal
age.
Sec.
41.
Section
123.56,
subsections
2
and
3,
Code
2018,
are
amended
to
read
as
follows:
2.
Native
wine
may
be
sold
at
retail
for
off-premises
consumption
when
sold
on
the
premises
of
the
manufacturer,
or
in
a
retail
establishment
operated
by
the
manufacturer.
Sales
may
also
be
made
to
class
“A”
or
retail
wine
permittees
or
liquor
control
licensees
as
authorized
by
the
class
“A”
wine
permit
section
123.173
and
section
123.177
.
A
manufacturer
of
native
wines
shall
not
sell
the
wines
other
than
as
permitted
in
this
chapter
and
shall
not
allow
wine
sold
to
be
consumed
upon
the
premises
of
the
manufacturer.
However,
prior
to
sale,
native
wines
may
be
tasted
pursuant
to
the
rules
of
the
division
on
the
premises
where
made,
when
no
charge
is
made
for
the
tasting.
3.
A
manufacturer
of
native
wines
may
ship
wine
in
closed
containers
to
individual
purchasers
inside
this
state
by
obtaining
a
wine
direct
shipper
license
permit
pursuant
to
section
123.187
.
Sec.
42.
Section
123.81,
Code
2018,
is
amended
to
read
as
follows:
123.81
Forfeiture
of
bond.
If
the
owner
of
a
property
who
has
filed
an
abatement
bond
as
provided
in
this
chapter
fails
to
abate
the
alcoholic
liquor,
wine,
or
beer
nuisance
on
the
premises
covered
by
the
bond,
or
fails
to
prevent
the
maintenance
of
any
alcoholic
liquor,
wine,
or
beer
nuisance
on
the
premises
at
any
time
within
a
period
of
one
year
after
entry
of
the
abatement
order,
the
court
shall,
after
a
hearing
in
which
such
fact
is
established,
direct
an
entry
of
the
violation
of
the
terms
of
the
owner’s
bond
to
be
made
on
the
record
and
the
undertaking
of
the
owner’s
bond
shall
be
forfeited.
Sec.
43.
Section
123.84,
Code
2018,
is
amended
to
read
as
follows:
123.84
Judgment.
If
the
court
after
a
hearing
in
an
action
filed
pursuant
to
section
123.82
finds
a
an
alcoholic
liquor,
wine,
or
beer
nuisance
has
been
maintained
on
the
premises
covered
by
the
Senate
File
2310,
p.
22
abatement
bond
and
that
alcoholic
liquor,
wine,
or
beer
has
been
sold
or
kept
for
sale
on
the
premises
contrary
to
law
within
one
year
from
the
date
of
the
giving
of
the
bond,
then
the
court
shall
order
the
forfeiture
of
the
bond
and
enter
judgment
for
the
full
amount
of
the
bond
against
the
principal
and
sureties
on
the
bond.
The
lien
on
the
real
estate
created
pursuant
to
section
123.79
shall
be
decreed
foreclosed
and
the
court
shall
provide
for
a
special
and
general
execution
for
the
enforcement
of
the
decree
and
judgment.
Sec.
44.
Section
123.91,
unnumbered
paragraph
1,
Code
2018,
is
amended
to
read
as
follows:
Any
person
who
has
been
convicted,
in
a
criminal
action,
in
any
court
of
record,
of
a
violation
of
a
provision
of
this
chapter
,
a
provision
of
the
prior
laws
of
this
state
relating
to
intoxicating
alcoholic
liquors,
wine,
or
beer
which
was
in
force
prior
to
the
enactment
of
this
chapter
,
or
a
provision
of
the
laws
of
the
United
States
or
of
any
other
state
relating
to
intoxicating
alcoholic
liquors,
wine,
or
beer,
and
who
is
thereafter
convicted
of
a
subsequent
criminal
offense
against
any
provision
of
this
chapter
is
guilty
of
the
following
offenses:
Sec.
45.
Section
123.92,
subsection
1,
paragraph
a,
Code
2018,
is
amended
to
read
as
follows:
a.
Any
person
who
is
injured
in
person
or
property
or
means
of
support
by
an
intoxicated
person
or
resulting
from
the
intoxication
of
a
person,
has
a
right
of
action
for
all
damages
actually
sustained,
severally
or
jointly,
against
any
licensee
or
permittee,
whether
or
not
the
license
or
permit
was
issued
by
the
division
or
by
the
licensing
authority
of
any
other
state,
who
sold
and
served
any
beer,
wine,
or
intoxicating
liquor
alcoholic
beverage
to
the
intoxicated
person
when
the
licensee
or
permittee
knew
or
should
have
known
the
person
was
intoxicated,
or
who
sold
to
and
served
the
person
to
a
point
where
the
licensee
or
permittee
knew
or
should
have
known
the
person
would
become
intoxicated.
Sec.
46.
Section
123.92,
subsection
2,
paragraph
c,
Code
2018,
is
amended
to
read
as
follows:
c.
The
purpose
of
dramshop
liability
insurance
is
to
provide
protection
for
members
of
the
public
who
experience
damages
Senate
File
2310,
p.
23
as
a
result
of
licensees
or
permittees
serving
patrons
beer,
wine,
or
intoxicating
liquor
any
alcoholic
beverage
to
a
point
that
reaches
or
exceeds
the
standard
set
forth
in
law
for
liability.
Minimum
coverage
requirements
for
such
insurance
are
not
for
the
purpose
of
making
the
insurance
affordable
for
all
licensees
or
permittees
regardless
of
claims
experience.
A
dramshop
liability
insurance
policy
obtained
by
a
licensee
or
permittee
shall
meet
the
minimum
insurance
coverage
requirements
as
determined
by
the
division
and
is
a
mandatory
condition
for
holding
a
license
or
permit.
Sec.
47.
Section
123.92,
subsection
3,
Code
2018,
is
amended
to
read
as
follows:
3.
a.
Notwithstanding
section
123.49,
subsection
1
,
any
person
who
is
injured
in
person
or
property
or
means
of
support
by
an
intoxicated
person
who
is
under
legal
age
or
resulting
from
the
intoxication
of
a
person
who
is
under
legal
age,
has
a
right
of
action
for
all
damages
actually
sustained,
severally
or
jointly,
against
a
person
who
is
not
a
licensee
or
permittee
and
who
dispensed
or
gave
any
beer,
wine,
or
intoxicating
liquor
alcoholic
beverage
to
the
intoxicated
underage
person
when
the
nonlicensee
or
nonpermittee
who
dispensed
or
gave
the
beer,
wine,
or
intoxicating
liquor
alcoholic
beverage
to
the
underage
person
knew
or
should
have
known
the
underage
person
was
intoxicated,
or
who
dispensed
or
gave
beer,
wine,
or
intoxicating
liquor
alcoholic
beverage
to
the
underage
person
to
a
point
where
the
nonlicensee
or
nonpermittee
knew
or
should
have
known
that
the
underage
person
would
become
intoxicated.
b.
If
the
injury
was
caused
by
an
intoxicated
person
who
is
under
legal
age,
a
person
who
is
not
a
licensee
or
permittee
and
who
dispensed
or
gave
beer,
wine,
or
intoxicating
liquor
the
alcoholic
beverage
to
the
underage
person
may
establish
as
an
affirmative
defense
that
the
intoxication
did
not
contribute
to
the
injurious
action
of
the
underage
person.
c.
For
purposes
of
this
subsection
,
“dispensed”
or
“gave”
means
the
act
of
physically
presenting
a
receptacle
containing
beer,
wine,
or
intoxicating
liquor
any
alcoholic
beverage
to
the
underage
person
whose
actions
or
intoxication
results
in
the
sustaining
of
damages
by
another
person.
However,
a
person
who
dispenses
or
gives
beer,
wine,
or
intoxicating
liquor
any
Senate
File
2310,
p.
24
alcoholic
beverage
to
an
underage
person
shall
only
be
liable
for
any
damages
if
the
person
knew
or
should
have
known
that
the
underage
person
was
under
legal
age.
Sec.
48.
Section
123.98,
Code
2018,
is
amended
to
read
as
follows:
123.98
Labeling
shipments.
1.
It
shall
be
unlawful
for
any
common
carrier
or
for
any
person
to
transport
or
convey
by
any
means,
whether
for
compensation
or
not,
within
this
state,
any
intoxicating
liquors
alcoholic
liquor,
wine,
or
beer
,
unless
the
vessel
or
other
package
containing
such
liquors
alcoholic
liquor,
wine,
or
beer
shall
be
plainly
and
correctly
identified,
showing
the
quantity
and
kind
of
liquors
alcoholic
liquor,
wine,
or
beer
contained
therein,
the
name
of
the
party
to
whom
they
are
to
be
delivered,
and
the
name
of
the
shipper,
or
unless
such
information
is
shown
on
a
bill
of
lading
or
other
document
accompanying
the
shipment.
No
person
shall
be
authorized
to
receive
or
keep
such
liquors
alcoholic
liquor,
wine,
or
beer
unless
the
same
be
marked
or
labeled
as
required
by
this
section
.
The
violation
of
any
provision
of
this
section
by
any
common
carrier,
or
any
agent
or
employee
of
any
carrier,
or
by
any
person,
shall
be
punished
under
the
provisions
of
this
chapter
.
2.
Liquors
Any
alcoholic
liquor,
wine,
or
beer
conveyed,
carried,
transported,
or
delivered
in
violation
of
this
section
,
whether
in
the
hands
of
the
carrier
or
someone
to
whom
they
shall
have
been
delivered,
shall
be
subject
to
seizure
and
condemnation,
as
liquors
alcoholic
liquor,
wine,
or
beer
kept
for
illegal
sale.
Sec.
49.
Section
123.99,
Code
2018,
is
amended
to
read
as
follows:
123.99
False
statements.
If
any
person,
for
the
purpose
of
procuring
the
shipment,
transportation,
or
conveyance
of
any
intoxicating
alcoholic
liquor,
wine,
or
beer
within
this
state,
shall
make
to
any
person,
company,
corporation,
or
common
carrier,
or
to
any
agent
thereof,
any
false
statements
as
to
the
character
or
contents
of
any
box,
barrel,
or
other
vessel
or
package
containing
such
alcoholic
liquor,
wine,
or
beer;
or
shall
Senate
File
2310,
p.
25
refuse
to
give
correct
and
truthful
information
as
to
the
contents
of
any
such
box,
barrel,
or
other
vessel
or
package
so
sought
to
be
transported
or
conveyed;
or
shall
falsely
mark,
brand,
or
label
such
box,
barrel,
or
other
vessel
or
package
in
order
to
conceal
the
fact
that
the
same
contains
intoxicating
alcoholic
liquor,
wine,
or
beer;
or
shall
by
any
device
or
concealment
procure
or
attempt
to
procure
the
conveyance
or
transportation
of
such
alcoholic
liquor,
wine,
or
beer
as
herein
prohibited,
the
person
shall
be
guilty
of
a
simple
misdemeanor.
Sec.
50.
Section
123.100,
Code
2018,
is
amended
to
read
as
follows:
123.100
Packages
in
transit.
Any
peace
officer
of
the
county
under
process
or
warrant
to
the
peace
officer
directed
shall
have
the
right
to
open
any
box,
barrel,
or
other
vessel
or
package
for
examination,
if
the
peace
officer
has
reasonable
ground
for
believing
that
it
contains
intoxicating
alcoholic
liquor,
wine,
or
beer,
either
before
or
while
the
same
is
being
so
transported
or
conveyed.
Sec.
51.
Section
123.101,
Code
2018,
is
amended
to
read
as
follows:
123.101
Record
of
shipments.
It
shall
be
the
duty
of
all
common
carriers,
or
corporations,
or
persons
who
shall
for
hire
carry
any
intoxicating
alcoholic
liquor,
wine,
or
beer
into
the
state,
or
from
one
point
to
another
within
the
state,
for
the
purpose
of
delivery,
and
who
shall
deliver
such
intoxicating
alcoholic
liquor,
wine,
or
beer
to
any
person,
company,
or
corporation,
to
maintain
a
proper
record
of
the
name
of
the
consignor
of
each
shipment
of
intoxicating
alcoholic
liquor,
wine,
or
beer
from
where
shipped,
the
date
of
arrival,
the
quantity
and
kind
of
intoxicating
alcoholic
liquor,
wine,
or
beer,
so
far
as
disclosed
by
lettering
on
the
package
or
by
the
carrier’s
records,
and
to
whom
and
where
consigned,
and
the
date
delivered.
Sec.
52.
Section
123.103,
Code
2018,
is
amended
to
read
as
follows:
123.103
Record
and
certification
upon
delivery.
The
full
name
and
residence
or
place
of
business
of
Senate
File
2310,
p.
26
the
consignee
of
a
shipment
billed
in
whole
or
in
part
as
intoxicating
alcoholic
liquor,
wine,
or
beer,
shall
be
properly
recorded
at
the
time
of
delivery
and
the
consignee
shall
certify
that
the
intoxicating
alcoholic
liquor,
wine,
or
beer
is
for
the
consignee’s
own
lawful
purposes.
Sec.
53.
Section
123.104,
Code
2018,
is
amended
to
read
as
follows:
123.104
Unlawful
delivery.
It
is
a
simple
misdemeanor
for
any
corporation,
common
carrier,
person,
or
any
agent
or
employee
thereof:
1.
To
deliver
any
intoxicating
alcoholic
liquor,
wine,
or
beer
to
any
person
other
than
to
the
consignee.
2.
To
deliver
any
intoxicating
alcoholic
liquor,
wine,
or
beer
without
having
the
same
properly
recorded
as
provided
in
section
123.103
.
3.
To
deliver
any
intoxicating
alcoholic
liquor,
wine,
or
beer
where
there
is
reasonable
ground
to
believe
that
such
intoxicating
alcoholic
liquor,
wine,
or
beer
is
intended
for
unlawful
use.
Sec.
54.
Section
123.106,
Code
2018,
is
amended
to
read
as
follows:
123.106
Federal
statutes.
The
requirements
of
this
chapter
relative
to
the
shipment
and
delivery
of
intoxicating
alcoholic
liquor,
wine,
or
beer
and
the
records
to
be
kept
thereof
shall
be
construed
in
harmony
with
federal
statutes
relating
to
interstate
commerce
in
such
liquor,
wine,
or
beer.
Sec.
55.
Section
123.107,
subsection
1,
paragraph
a,
Code
2018,
is
amended
to
read
as
follows:
a.
To
set
out
exactly
the
kind
or
quantity
of
intoxicating
alcoholic
liquor,
wine,
or
beer
manufactured,
sold,
given
in
evasion
of
the
statute,
or
kept
for
sale.
Sec.
56.
Section
123.111,
Code
2018,
is
amended
to
read
as
follows:
123.111
Purchaser
as
witness.
The
person
purchasing
any
intoxicating
alcoholic
liquor,
wine,
or
beer
sold
in
violation
of
this
chapter
shall
in
all
cases
be
a
competent
witness
to
prove
such
sale.
Sec.
57.
Section
123.115,
Code
2018,
is
amended
to
read
as
Senate
File
2310,
p.
27
follows:
123.115
Defense.
In
any
prosecution
under
this
chapter
for
the
unlawful
transportation
of
intoxicating
alcoholic
liquor,
wine,
or
beer
it
shall
be
a
defense
that
the
character
and
contents
of
the
shipment
or
thing
transported
were
not
known
to
the
accused
or
to
the
accused’s
agent
or
employee.
Sec.
58.
Section
123.116,
Code
2018,
is
amended
to
read
as
follows:
123.116
Right
to
receive
alcoholic
liquor,
wine,
or
beer.
The
consignee
of
intoxicating
alcoholic
liquor,
wine,
or
beer
shall,
on
demand
of
the
carrier
transporting
such
alcoholic
liquor,
wine,
or
beer,
furnish
the
carrier,
at
the
place
of
delivery,
with
legal
proof
of
the
consignee’s
legal
right
to
receive
such
alcoholic
liquor,
wine,
or
beer
at
the
time
of
delivery,
and
until
such
proof
is
furnished
the
carrier
shall
be
under
no
legal
obligation
to
make
delivery
nor
be
liable
for
failure
to
deliver.
Sec.
59.
Section
123.119,
Code
2018,
is
amended
to
read
as
follows:
123.119
Evidence.
In
all
actions,
civil
or
criminal,
under
the
provisions
of
this
chapter
,
the
finding
of
intoxicating
alcoholic
liquors
or
of
instruments
or
utensils
used
in
the
manufacture
of
intoxicating
alcoholic
liquors,
or
materials
which
are
being
used,
or
are
intended
to
be
used
in
the
manufacture
of
intoxicating
alcoholic
liquors,
in
the
possession
of
or
under
the
control
of
any
person,
under
and
by
authority
of
a
search
warrant
or
other
process
of
law,
and
which
shall
have
been
finally
adjudicated
and
declared
forfeited
by
the
court,
shall
be
competent
evidence
of
maintaining
a
nuisance
or
bootlegging,
or
of
illegal
transportation
of
intoxicating
alcoholic
liquors,
as
the
case
may
be,
by
such
person.
Sec.
60.
Section
123.120,
Code
2018,
is
amended
to
read
as
follows:
123.120
Attempt
to
destroy.
The
destruction
of
or
attempt
to
destroy
any
liquid
by
any
person
while
in
the
presence
of
peace
officers
or
while
a
property
is
being
searched
by
a
peace
officer,
shall
be
Senate
File
2310,
p.
28
competent
evidence
that
such
liquid
is
intoxicating
alcoholic
liquor,
wine,
or
beer
and
intended
for
unlawful
purposes.
Sec.
61.
Section
123.121,
Code
2018,
is
amended
to
read
as
follows:
123.121
Venue.
1.
In
any
prosecution
under
this
chapter
for
the
unlawful
sale
of
alcoholic
liquor,
wine,
or
beer,
including
a
sale
of
alcoholic
liquor,
wine,
or
beer
which
requires
a
shipment
or
delivery
of
the
alcoholic
liquor,
wine,
or
beer,
shall
be
deemed
to
be
made
in
the
county
in
which
the
delivery
is
made
by
the
carrier
to
the
consignee,
or
the
consignee’s
agent
or
employee.
2.
In
any
prosecution
under
this
chapter
for
the
unlawful
transportation
of
intoxicating
alcoholic
liquor,
wine,
or
beer,
the
offense
shall
be
held
to
have
been
committed
in
any
county
in
which
such
alcoholic
liquor,
wine,
or
beer
is
received
for
transportation,
through
which
it
is
transported,
or
in
which
it
is
delivered.
Sec.
62.
Section
123.127,
subsection
2,
Code
2018,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0d.
That
the
applicant
has
filed
with
the
division
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
and
that
the
applicant
will
faithfully
observe
and
comply
with
all
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
beer.
Sec.
63.
Section
123.130,
subsection
3,
Code
2018,
is
amended
to
read
as
follows:
3.
All
special
class
“A”
premises
shall
be
located
within
the
state.
A
person
who
holds
a
special
class
“A”
beer
permit
for
the
same
location
at
which
the
person
holds
a
class
“C”
liquor
control
license
or
class
“B”
beer
permit
for
the
purpose
of
operating
as
a
brewpub
may
manufacture
and
sell
beer
to
be
consumed
on
the
premises,
may
sell
at
retail
at
the
manufacturing
premises
for
consumption
off
the
premises
beer
that
is
transferred
at
the
time
of
sale
to
another
container
subject
to
the
requirements
of
section
123.131,
subsection
2
,
may
sell
beer
to
a
class
“A”
beer
permittee
for
resale
purposes,
and
may
sell
beer
to
distributors
outside
of
the
Senate
File
2310,
p.
29
state
that
are
authorized
by
the
laws
of
that
jurisdiction
to
sell
beer
at
wholesale.
The
permit
issued
to
holders
of
a
special
class
“A”
beer
permit
shall
clearly
state
on
its
face
that
the
permit
is
limited.
Sec.
64.
Section
123.131,
Code
2018,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
A
person
holding
a
class
“B”
beer
permit
may
also
hold
a
special
class
“A”
beer
permit
for
the
premises
licensed
under
a
class
“B”
beer
permit
for
the
purpose
of
operating
as
a
brewpub
pursuant
to
this
chapter.
Sec.
65.
Section
123.139,
Code
2018,
is
amended
to
read
as
follows:
123.139
Separate
locations
——
class
“A”
or
special
class
“A”
beer
permit.
A
class
“A”
or
special
class
“A”
beer
permittee
having
more
than
one
place
of
business
is
required
to
have
a
separate
beer
permit
for
each
separate
place
of
business
maintained
by
the
permittee
where
beer
is
manufactured,
stored,
warehoused,
or
sold.
Sec.
66.
Section
123.173,
subsections
2
and
4,
Code
2018,
are
amended
to
read
as
follows:
2.
A
class
“A”
wine
permit
allows
the
holder
to
manufacture
and
sell,
or
sell
at
wholesale,
in
this
state,
wine.
The
holder
of
a
class
“A”
wine
permit
may
manufacture
in
this
state
wine
having
an
alcoholic
content
greater
than
seventeen
percent
by
weight
or
twenty-one
and
twenty-five
hundredths
percent
of
alcohol
by
volume
for
shipment
outside
this
state.
All
class
“A”
premises
shall
be
located
within
the
state.
A
class
“B”
or
class
“B”
native
wine
permit
allows
the
holder
to
sell
wine
at
retail
for
consumption
off
the
premises.
A
class
“B”
or
class
“B”
native
wine
permittee
who
also
holds
a
class
“E”
liquor
control
license
may
sell
wine
to
class
“A”,
class
“B”,
class
“C”,
and
special
class
“C”
,
and
class
“D”
liquor
control
licensees
for
resale
for
consumption
on
the
premises.
Such
wine
sales
shall
be
in
quantities
of
less
than
one
case
of
any
wine
brand
but
not
more
than
one
such
sale
shall
be
made
to
the
same
liquor
control
licensee
in
a
twenty-four-hour
period.
A
class
“B”
or
class
“B”
native
wine
permittee
shall
not
sell
wine
to
other
class
“B”
or
class
“B”
native
wine
permittees.
A
Senate
File
2310,
p.
30
class
“C”
native
wine
permit
allows
the
holder
to
sell
native
wine
for
consumption
on
or
off
the
premises.
4.
When
a
class
“B”
or
class
“B”
native
wine
permittee
who
also
holds
a
class
“E”
liquor
control
license
sells
wine
to
a
class
“A”,
class
“B”,
or
class
“C”
liquor
control
licensee,
the
liquor
control
licensee
shall
sign
a
report
attesting
to
the
purchase.
The
class
“B”
or
class
“B”
native
wine
permittee
who
also
holds
a
class
“E”
liquor
control
license
shall
submit
a
report
to
the
division
electronically,
or
in
a
manner
prescribed
by
the
administrator,
not
later
than
the
tenth
of
each
month
stating
each
sale
of
wine
to
class
“A”,
class
“B”,
and
class
“C”
liquor
control
licensees
during
the
preceding
month,
the
date
of
each
sale,
and
the
brands
and
numbers
of
bottles
with
each
sale.
A
class
“B”
permittee
who
holds
a
class
“E”
liquor
control
license
may
sell
to
class
“A”,
class
“B”,
or
class
“C”
liquor
control
licensees
only
if
the
licensed
premises
of
the
liquor
control
licensee
is
located
within
the
geographic
territory
of
the
class
“A”
wine
permittee
from
which
the
wine
was
originally
purchased
by
the
class
“B”
or
class
“B”
native
wine
permittee.
Sec.
67.
Section
123.175,
subsection
2,
Code
2018,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0d.
That,
in
the
case
of
a
class
“A”
wine
permit,
the
applicant
has
filed
with
the
division
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
and
that
the
applicant
will
faithfully
observe
and
comply
with
all
the
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
wine.
Sec.
68.
Section
123.177,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
A
person
holding
a
class
“A”
wine
permit
may
manufacture
and
sell,
or
sell
at
wholesale,
wine
for
consumption
off
the
premises.
Sales
within
the
state
may
be
made
only
to
persons
holding
a
class
“A”
or
“B”
wine
permit
and
to
persons
holding
a
retail
liquor
control
license.
However,
if
the
person
holding
the
class
“A”
permit
is
a
manufacturer
of
native
wine,
the
person
may
sell
only
native
wine
to
a
person
holding
a
retail
wine
permit
or
a
retail
liquor
control
license.
A
class
“A”
Senate
File
2310,
p.
31
wine
permittee
having
more
than
one
place
of
business
shall
obtain
a
separate
permit
for
each
place
of
business
where
wine
is
to
be
manufactured,
stored,
warehoused,
or
sold.
Sec.
69.
Section
123.181,
subsection
2,
Code
2018,
is
amended
to
read
as
follows:
2.
A
class
“A”
wine
permittee
shall
not
sell
wine
on
credit
to
a
retail
liquor
licensee
or
wine
permittee
for
a
period
exceeding
thirty
days
from
date
of
delivery.
Sec.
70.
Section
123.186,
Code
2018,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
A
licensee
or
permittee
who
permits
or
assents
to
or
is
a
party
in
any
way
to
a
violation
or
infringement
of
a
rule
adopted
pursuant
to
this
section
is
guilty
of
a
violation
of
this
section.
A
violation
of
this
section
shall
subject
the
licensee
or
permittee
to
the
general
penalties
provided
in
this
chapter
and
shall
constitute
grounds
for
imposition
of
a
civil
penalty
or
suspension
or
revocation
of
the
license
or
permit
pursuant
to
section
123.39.
Sec.
71.
Section
123.187,
Code
2018,
is
amended
to
read
as
follows:
123.187
Direct
shipment
of
wine
——
licenses
permits
and
requirements.
1.
A
wine
manufacturer
licensed
or
permitted
pursuant
to
laws
regulating
alcoholic
beverages
in
this
state
or
another
state
may
apply
for
a
wine
direct
shipper
license
permit
,
as
provided
in
this
section
.
For
the
purposes
of
this
section
,
a
“wine
manufacturer”
means
a
person
who
processes
the
fruit,
vegetables,
dandelions,
clover,
honey,
or
any
combination
of
these
ingredients,
by
fermentation
into
wines.
2.
a.
Only
a
wine
manufacturer
that
holds
a
wine
direct
shipper
permit
issued
pursuant
to
this
section
shall
sell
wine
at
retail
for
direct
shipment
to
any
person
within
this
state.
This
section
shall
not
prohibit
an
authorized
retail
licensee
or
permittee
from
delivering
wine
pursuant
to
section
123.46A.
a.
b.
The
administrator
shall
issue
A
wine
manufacturer
applying
for
a
wine
direct
shipper
license
to
a
wine
manufacturer
who
submits
permit
shall
submit
an
application
for
the
license
permit
electronically,
or
in
a
manner
prescribed
by
the
administrator,
accompanied
by
a
true
copy
of
the
Senate
File
2310,
p.
32
manufacturer’s
current
alcoholic
beverage
license
or
permit
issued
by
the
state
where
the
manufacturer
is
primarily
located
and
a
copy
of
the
manufacturer’s
winery
license
basic
permit
issued
by
the
federal
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury
.
b.
c.
An
application
submitted
pursuant
to
paragraph
“a”
“b”
shall
be
accompanied
by
a
license
permit
fee
in
the
amount
of
twenty-five
dollars.
c.
d.
An
application
submitted
pursuant
to
paragraph
“a”
shall
also
be
accompanied
by
a
bond
in
the
amount
of
five
thousand
dollars
in
the
form
prescribed
and
furnished
by
the
division
with
good
and
sufficient
sureties
to
be
approved
by
the
division
conditioned
upon
compliance
with
this
chapter
.
However,
a
wine
manufacturer
that
has
submitted
a
bond
pursuant
to
section
123.175,
subsection
2
,
paragraph
“f”
,
shall
not
be
required
to
provide
a
bond
as
provided
in
this
paragraph.
d.
e.
A
license
permit
issued
pursuant
to
this
section
may
be
renewed
annually
by
resubmitting
the
information
required
in
paragraph
“a”
submitting
a
renewal
application
with
the
administrator
in
a
manner
prescribed
by
the
administrator
,
accompanied
by
the
twenty-five
dollar
license
permit
fee.
3.
The
direct
shipment
of
wine
pursuant
to
this
section
shall
be
subject
to
the
following
requirements
and
restrictions:
a.
Wine
may
shall
only
be
shipped
by
a
wine
direct
shipper
licensee
to
a
resident
of
this
state
who
is
at
least
twenty-one
years
of
age,
for
the
resident’s
personal
use
and
consumption
and
not
for
resale.
b.
Wine
subject
to
direct
shipping
shall
be
properly
registered
with
the
federal
alcohol
and
tobacco
tax
and
trade
bureau,
and
fermented
on
the
winery
premises
of
the
wine
direct
shipper
licensee
permittee
.
c.
All
containers
of
wine
shipped
directly
to
a
resident
of
this
state
shall
be
conspicuously
labeled
with
the
words
“CONTAINS
ALCOHOL:
SIGNATURE
OF
PERSON
AGE
21
OR
OLDER
REQUIRED
FOR
DELIVERY”
or
shall
be
conspicuously
labeled
with
alternative
wording
preapproved
by
the
administrator.
d.
All
containers
of
wine
shipped
directly
to
a
resident
of
this
state
shall
be
shipped
by
an
alcohol
carrier
licensed
a
Senate
File
2310,
p.
33
holder
of
a
wine
carrier
permit
as
provided
in
subsection
6
.
e.
Shipment
of
wine
pursuant
to
this
subsection
does
not
require
a
refund
value
for
beverage
container
control
purposes
under
chapter
455C.
4.
a.
In
addition
to
the
annual
license
fee,
a
A
wine
direct
shipper
licensee
permittee
shall
remit
to
the
division
an
amount
equivalent
to
the
wine
gallonage
tax
on
wine
subject
to
direct
shipment
at
the
rate
specified
in
section
123.183
for
deposit
as
provided
in
section
123.183,
subsections
2
and
3
.
The
amount
shall
be
remitted
at
the
time
and
in
the
manner
provided
in
section
123.184,
subsection
2,
and
the
ten
percent
penalty
specified
therein
shall
be
applicable.
b.
Shipment
of
wine
pursuant
to
this
subsection
does
not
require
a
refund
value
for
beverage
container
control
purposes
under
chapter
455C
.
5.
A
wine
direct
shipper
licensee
permittee
shall
be
deemed
to
have
consented
to
the
jurisdiction
of
the
division
or
any
other
agency
or
court
in
this
state
concerning
enforcement
of
this
section
and
any
related
laws,
rules,
or
regulations.
A
licensee
permit
holder
shall
permit
allow
the
division
to
perform
an
audit
of
shipping
records
upon
request.
6.
a.
Wine
subject
to
direct
shipment
within
this
state
pursuant
to
this
section
shall
be
delivered
only
by
a
carrier
having
obtained
from
the
division
an
alcohol
carrier
license.
An
alcohol
carrier
license
shall
be
issued
upon
payment
of
holder
of
a
wine
carrier
permit
as
provided
in
this
subsection.
b.
A
person
applying
for
a
wine
carrier
permit
shall
submit
an
application
for
the
permit
electronically,
or
in
a
manner
prescribed
by
the
administrator.
c.
An
application
for
a
wine
carrier
permit
shall
be
accompanied
by
a
one
hundred
dollar
license
permit
fee,
and
shall
be
subject
to
requirements,
and
issued
pursuant
to
application
forms,
to
be
determined
by
the
administrator
by
rule.
b.
d.
An
alcohol
A
wine
carrier
licensee
permittee
shall
not
deliver
wine
to
any
person
under
twenty-one
years
of
age,
or
to
any
person
who
either
is
or
appears
to
be
in
an
intoxicated
state
or
condition.
A
licensee
permittee
shall
obtain
valid
proof
of
identity
and
age
prior
to
delivery,
Senate
File
2310,
p.
34
and
shall
obtain
the
signature
of
an
adult
as
a
condition
of
delivery.
c.
e.
An
alcohol
A
wine
carrier
licensee
permittee
shall
maintain
records
of
wine
shipped
which
include
the
license
permit
number
and
name
of
the
wine
manufacturer,
quantity
of
wine
shipped,
recipient’s
name
and
address,
and
an
electronic
or
paper
form
of
signature
from
the
recipient
of
the
wine.
Records
shall
be
submitted
to
the
division
on
a
monthly
basis
in
a
form
and
manner
to
be
determined
by
the
division
by
rule
.
7.
A
violation
of
this
section
shall
subject
a
licensee
the
permittee
to
the
penalty
provisions
of
general
penalties
provided
in
this
chapter
and
shall
constitute
grounds
for
imposition
of
a
civil
penalty
or
suspension
or
revocation
of
the
permit
pursuant
to
section
123.39
.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2310,
Eighty-seventh
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2018
______________________________
KIM
REYNOLDS
Governor