HOUSE FILE 365

BY  KLEIN

A BILL FOR

An Act providing for the home delivery of alcoholic beverages by retailers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  123.46A  Delivery of alcoholic beverages by retailers.
   1.  Licensees and permittees authorized to sell alcoholic liquor, wine, or beer in original unopened containers for consumption off the licensed premises may deliver alcoholic liquor, wine, or beer to a home or other designated location in this state. Deliveries shall be limited to alcoholic beverages authorized by the licensee’s or permittee’s license or permit.
   2.  All deliveries of alcoholic liquor, wine, or beer shall be subject to the following requirements and restrictions:
   a.  Payment for the alcoholic liquor, wine, or beer shall be received on the licensed premises at the time of order.
   b.  Alcoholic liquor, wine, or beer delivered to a person shall be for personal use and not for resale.
   c.  Deliveries shall only be made to persons in this state who are twenty-one years of age or older.
   d.  Deliveries shall not be made to a person who is intoxicated or is simulating intoxication.
   e.  Deliveries shall occur during the hours in which alcoholic liquor, wine, or beer may be lawfully sold.
   f.  Delivery of alcoholic liquor, wine, or beer shall be made by the licensee or permittee, or the licensee’s or permittee’s employee, and not by a third party.
   g.  Delivery personnel shall be eighteen years of age or older.
   h.  Deliveries shall be made in a vehicle owned, leased, or under the control of the licensee or permittee.
   i.  Valid proof of the recipient’s identity and age shall be obtained at the time of delivery, and the signature of a person twenty-one years of age or older shall be obtained as a condition of delivery.
   j.  Licensees and permittees shall maintain records of deliveries which include the quantity delivered, the recipient’s name and address, and the signature of the recipient of the alcoholic liquor, wine, or beer. The records shall be maintained on the licensed premises for a period of three years.
   3.  A violation of this section or any other provision of this chapter shall subject the licensee or permittee to the penalty provisions of section 123.39.
   4.  Nothing in this section shall impact the direct shipment of wine as regulated by section 123.187.
EXPLANATION
   This bill authorizes the home delivery of alcoholic beverages by retailers. 
   The bill provides that a licensee or permittee authorized to sell liquor, wine, or beer in original unopened containers for consumption off the licensed premises may deliver it to a home or other designated location in Iowa. Deliveries shall be limited to alcoholic beverages authorized by the licensee’s or permittee’s license or permit.
   The bill states that deliveries shall be subject to several requirements and restrictions. Specifically, payment for the liquor, wine, or beer shall be received on the licensed premises at the time of order; liquor, wine, or beer shall be for personal use and not for resale; deliveries shall only be made to persons in this state who are 21 or older; and deliveries shall not be made to a person who is intoxicated or is simulating intoxication. Additionally, deliveries shall occur during the hours in which liquor, wine, or beer may be lawfully sold and shall be made by the licensee or permittee, or the licensee’s or permittee’s employee. Delivery personnel are required to be 18 or older. Further, deliveries shall be made in a vehicle owned, leased, or under the control of the licensee or permittee, valid proof of the recipient’s identity and age shall be obtained at the time of delivery and the signature of an adult shall be obtained as a condition of delivery, and licensees and permittees are required to maintain records of deliveries which include the quantity delivered, recipient’s name and address, and the signature of the recipient of the liquor, wine, or beer.
   The bill states that these records shall be maintained on the licensed premises for a period of three years, and that the bill’s provisions do not impact provisions regulating the direct shipment of wine in Code section 123.187.
   The bill provides that a violation of the bill’s provisions, or any other provision of Code chapter 123, shall subject the licensee’s or permittee’s license or permit to the penalty provisions of Code section 123.39, which include possible suspension or revocation and a civil penalty not to exceed $1,000 per violation.