House
File
2200
-
Enrolled
House
File
2200
AN
ACT
RELATING
TO
ACTIVITIES
IN
THE
ADMINISTRATION
OF
ALCOHOLIC
BEVERAGE
CONTROL
BY
THE
DEPARTMENT
OF
REVENUE,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
123.3,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5A.
“Authorized
noninstitutional
investor”
means
a
person
who
has
an
ownership
interest
in
a
business
that
manufactures,
imports,
bottles,
sells
at
wholesale,
or
sells
at
retail
alcoholic
beverages,
if
the
person
meets
all
of
the
following
criteria:
House
File
2200,
p.
2
a.
The
ownership
interest
of
the
person
does
not
exceed
five
percent
of
the
entire
ownership
interest
of
the
business
that
manufactures,
imports,
bottles,
sells
at
wholesale,
or
sells
at
retail
alcoholic
beverages.
b.
The
person
is
not
engaged
as
a
director,
officer,
employee,
broker,
or
agent
of
the
business
that
manufactures,
imports,
bottles,
sells
at
wholesale,
or
sells
at
retail
alcoholic
beverages.
Sec.
2.
Section
123.5,
subsection
3,
Code
2026,
is
amended
to
read
as
follows:
3.
Members
of
the
commission
shall
be
chosen
on
the
basis
of
managerial
ability
and
experience
as
business
executives.
Not
more
than
two
members
of
the
commission
may
be
the
holder
of
or
have
an
interest
in
a
permit
or
license
to
manufacture
alcoholic
liquor,
wine,
or
beer
or
to
sell
alcoholic
liquor,
wine,
or
beer
at
wholesale
or
retail
directly
or
indirectly;
individually;
as
a
member
of
a
partnership
or
an
association;
as
a
member,
owner,
or
stockholder,
except
as
an
institutional
investor,
of
a
corporation
or
other
entity;
or
as
a
relative
to
an
individual
by
blood
or
marriage
within
the
second
degree,
do
any
of
the
following:
a.
Hold
a
permit
or
license
to
manufacture
alcoholic
beverages
or
sell
alcoholic
beverages
at
wholesale
or
retail
.
b.
Have
an
interest
in
the
manufacture
of
or
dealing
in
alcoholic
beverages
or
in
an
enterprise
or
industry
in
which
alcoholic
beverages
are
required.
c.
Receive
a
commission
or
profit
on
the
purchase
or
sale
of
alcoholic
beverages
by
any
person.
d.
Have
an
interest
in
or
mortgage
or
deed
of
trust
on
any
land
or
building
where
alcoholic
beverages
are
manufactured
for
sale,
offered
for
sale,
or
sold,
or
in
any
personal
property
used
in
the
manufacture
or
sale
of
alcoholic
beverages.
Sec.
3.
Section
123.5,
Code
2026,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
3A.
In
addition
to
the
requirements
of
chapter
68B,
members
of
the
commission
shall
not
directly
or
indirectly
use
the
office
of
the
member
to
influence,
persuade,
or
induce
any
person
to
adopt
their
political
views
or
to
favor
any
particular
candidate
for
an
elective
or
appointive
public
House
File
2200,
p.
3
office.
NEW
SUBSECTION
.
6.
This
section
does
not
prohibit
a
commission
member
from
lawfully
purchasing
and
keeping
alcoholic
beverages
in
the
possession
of
the
commission
member.
Sec.
4.
Section
123.13,
Code
2026,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
123.13
Prohibitions
——
director
and
employees.
1.
For
purposes
of
this
section,
“director”
means
the
director
of
revenue
but
does
not
include
the
director’s
designee.
2.
The
requirements
of
this
section
are
in
addition
to
the
requirements
of
chapter
68B.
3.
The
director
shall
not
directly
or
indirectly;
individually;
as
a
member
of
a
partnership
or
an
association;
as
a
member,
owner,
or
stockholder,
except
as
an
institutional
investor,
of
a
corporation
or
other
entity;
or
as
a
relative
to
an
individual
by
blood
or
marriage
within
the
second
degree,
do
any
of
the
following:
a.
Have
an
interest
in
the
manufacture
of
or
dealing
in
alcoholic
beverages
or
in
an
enterprise
or
industry
in
which
alcoholic
beverages
are
required.
b.
Receive
a
commission
or
profit
from
the
purchase
or
sale
of
alcoholic
beverages
by
any
person.
c.
Have
an
interest
in
or
mortgage
or
deed
of
trust
on
any
land
or
building
where
alcoholic
beverages
are
manufactured
for
sale,
offered
for
sale,
or
sold,
or
in
any
personal
property
used
in
the
manufacture
or
sale
of
alcoholic
beverages.
4.
An
employee
of
the
department
shall
not
license,
permit,
or
participate
in
the
licensing
or
permitting
of
a
person,
business,
or
organization
that
requires
a
license
or
permit
under
the
laws
and
rules
governing
alcoholic
beverages,
if
the
employee
has
an
ownership
interest
related
to
that
person,
business,
or
organization,
or
is
in
a
position
to
exercise
any
control
over
the
purchasing
of
alcoholic
beverages
through
a
position
of
employment
with
the
person,
business,
or
organization.
5.
An
employee
of
the
department
shall
not
enforce
any
law
or
rule
governing
alcoholic
beverages
against
a
person,
business,
or
organization
that
requires
a
license
or
permit
House
File
2200,
p.
4
under
the
laws
and
rules
governing
alcoholic
beverages,
if
the
employee
has
an
ownership
interest
related
to
that
person,
business,
or
organization,
or
is
in
a
position
to
exercise
any
control
over
the
purchase
of
alcoholic
beverages
through
a
position
of
employment
with
the
person,
business,
or
organization.
6.
The
director
or
an
employee
of
the
department
violating
this
section
or
any
other
provision
of
this
chapter
shall,
in
addition
to
any
other
penalties
provided
by
law,
be
subject
to
disciplinary
action
up
to
and
including
discharge
from
employment.
7.
This
section
does
not
prohibit
the
director
or
an
employee
of
the
department
from
lawfully
purchasing
and
keeping
alcoholic
beverages
in
the
possession
of
the
director
or
the
employee.
Sec.
5.
NEW
SECTION
.
123.45A
Authorized
noninstitutional
investor
——
ownership
interest
——
exception.
1.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
an
authorized
noninstitutional
investor
of
a
business
engaged
in
the
manufacturing,
importing,
bottling,
selling
at
wholesale,
or
selling
at
retail
of
alcoholic
beverages
may
directly
or
indirectly
have
an
ownership
interest
in
another
licensee
or
permittee
authorized
under
this
chapter
to
sell
at
retail
alcoholic
beverages,
if
the
person
remains
only
an
authorized
noninstitutional
investor
of
the
licensee
or
permittee
authorized
under
this
chapter
to
sell
at
retail
alcoholic
beverages.
2.
Any
authorized
noninstitutional
investor
of
a
business
engaged
in
the
manufacturing,
importing,
bottling,
or
selling
at
wholesale
of
alcoholic
beverages
that
is
also
an
authorized
noninstitutional
investor
of
another
business
holding
a
retail
alcohol
license
issued
under
this
chapter
shall
annually
disclose
the
ownership
interest
to
the
department
in
a
manner
prescribed
by
the
director.
Notwithstanding
chapter
22,
the
disclosure
made
under
this
subsection
shall
be
kept
confidential
by
the
department.
House
File
2200,
p.
5
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2200,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor