H.F. 365 Section 1. NEW SECTION . 123.46A Delivery of alcoholic 1 beverages by retailers. 2 1. Licensees and permittees authorized to sell alcoholic 3 liquor, wine, or beer in original unopened containers for 4 consumption off the licensed premises may deliver alcoholic 5 liquor, wine, or beer to a home or other designated location in 6 this state. Deliveries shall be limited to alcoholic beverages 7 authorized by the licensee’s or permittee’s license or permit. 8 2. All deliveries of alcoholic liquor, wine, or beer shall 9 be subject to the following requirements and restrictions: 10 a. Payment for the alcoholic liquor, wine, or beer shall be 11 received on the licensed premises at the time of order. 12 b. Alcoholic liquor, wine, or beer delivered to a person 13 shall be for personal use and not for resale. 14 c. Deliveries shall only be made to persons in this state 15 who are twenty-one years of age or older. 16 d. Deliveries shall not be made to a person who is 17 intoxicated or is simulating intoxication. 18 e. Deliveries shall occur during the hours in which 19 alcoholic liquor, wine, or beer may be lawfully sold. 20 f. Delivery of alcoholic liquor, wine, or beer shall be made 21 by the licensee or permittee, or the licensee’s or permittee’s 22 employee, and not by a third party. 23 g. Delivery personnel shall be eighteen years of age or 24 older. 25 h. Deliveries shall be made in a vehicle owned, leased, or 26 under the control of the licensee or permittee. 27 i. Valid proof of the recipient’s identity and age shall 28 be obtained at the time of delivery, and the signature of a 29 person twenty-one years of age or older shall be obtained as a 30 condition of delivery. 31 j. Licensees and permittees shall maintain records 32 of deliveries which include the quantity delivered, the 33 recipient’s name and address, and the signature of the 34 recipient of the alcoholic liquor, wine, or beer. The records 35 -1- LSB 2506YH (2) 84 rn/nh 1/ 3

H.F. 365 shall be maintained on the licensed premises for a period of 1 three years. 2 3. A violation of this section or any other provision of 3 this chapter shall subject the licensee or permittee to the 4 penalty provisions of section 123.39. 5 4. Nothing in this section shall impact the direct shipment 6 of wine as regulated by section 123.187. 7 EXPLANATION 8 This bill authorizes the home delivery of alcoholic 9 beverages by retailers. 10 The bill provides that a licensee or permittee authorized 11 to sell liquor, wine, or beer in original unopened containers 12 for consumption off the licensed premises may deliver it to a 13 home or other designated location in Iowa. Deliveries shall be 14 limited to alcoholic beverages authorized by the licensee’s or 15 permittee’s license or permit. 16 The bill states that deliveries shall be subject to several 17 requirements and restrictions. Specifically, payment for 18 the liquor, wine, or beer shall be received on the licensed 19 premises at the time of order; liquor, wine, or beer shall be 20 for personal use and not for resale; deliveries shall only 21 be made to persons in this state who are 21 or older; and 22 deliveries shall not be made to a person who is intoxicated or 23 is simulating intoxication. Additionally, deliveries shall 24 occur during the hours in which liquor, wine, or beer may be 25 lawfully sold and shall be made by the licensee or permittee, 26 or the licensee’s or permittee’s employee. Delivery personnel 27 are required to be 18 or older. Further, deliveries shall 28 be made in a vehicle owned, leased, or under the control of 29 the licensee or permittee, valid proof of the recipient’s 30 identity and age shall be obtained at the time of delivery and 31 the signature of an adult shall be obtained as a condition 32 of delivery, and licensees and permittees are required to 33 maintain records of deliveries which include the quantity 34 delivered, recipient’s name and address, and the signature of 35 -2- LSB 2506YH (2) 84 rn/nh 2/ 3

H.F. 365 the recipient of the liquor, wine, or beer. 1 The bill states that these records shall be maintained on 2 the licensed premises for a period of three years, and that 3 the bill’s provisions do not impact provisions regulating the 4 direct shipment of wine in Code section 123.187. 5 The bill provides that a violation of the bill’s provisions, 6 or any other provision of Code chapter 123, shall subject the 7 licensee’s or permittee’s license or permit to the penalty 8 provisions of Code section 123.39, which include possible 9 suspension or revocation and a civil penalty not to exceed 10 $1,000 per violation. 11 -3- LSB 2506YH (2) 84 rn/nh 3/ 3