Senate
Study
Bill
1087
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/ALCOHOLIC
BEVERAGES
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
alcoholic
1
beverages
division
of
the
department
of
commerce.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1244XD
(9)
84
rn/nh
S.F.
_____
H.F.
_____
Section
1.
Section
123.3,
Code
2011,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
014A.
“Grocery
store”
means
any
retail
3
establishment,
the
business
of
which
consists
of
the
sale
of
4
food,
food
products,
or
beverages
for
consumption
off
the
5
premises.
6
NEW
SUBSECTION
.
022A.
“Micro-distilled
spirits”
means
7
distilled
spirits
fermented,
distilled,
or,
for
a
period
of
8
two
years,
barrel
matured
on
the
licensed
premises
of
the
9
micro-distillery
where
fermented,
distilled,
or
matured.
10
“Micro-distilled
spirits”
also
includes
blended
or
mixed
spirits
11
comprised
solely
of
spirits
fermented,
distilled,
or,
for
a
12
period
of
two
years,
barrel
matured
at
a
micro-distillery.
13
NEW
SUBSECTION
.
022B.
“Micro-distillery”
means
a
business
14
with
an
operational
still
which,
combining
all
production
15
facilities
of
the
business,
produces
and
manufactures
less
than
16
fifty
thousand
proof
gallons
of
distilled
spirits
on
an
annual
17
basis.
18
NEW
SUBSECTION
.
26A.
“Pharmacy”
means
a
drug
store
in
19
which
drugs
and
medicines
are
exposed
for
sale
and
sold
at
20
retail,
or
in
which
prescriptions
of
licensed
physicians
and
21
surgeons,
dentists,
or
veterinarians
are
compounded
and
sold
by
22
a
registered
pharmacist.
23
NEW
SUBSECTION
.
32A.
“School”
means
a
public
or
private
24
school
or
that
portion
of
a
public
or
private
school
which
25
provides
facilities
for
teaching
any
grade
from
kindergarten
26
through
grade
twelve.
27
Sec.
2.
Section
123.3,
subsection
22A,
Code
2011,
is
amended
28
to
read
as
follows:
29
22A.
“Native
wine”
means
wine
manufactured
in
this
state
30
pursuant
to
section
123.56
by
a
manufacturer
of
native
wine
.
31
Sec.
3.
Section
123.9,
Code
2011,
is
amended
to
read
as
32
follows:
33
123.9
Commission
meetings.
34
The
commission
shall
meet
on
or
before
July
1
of
each
year
35
-1-
LSB
1244XD
(9)
84
rn/nh
1/
4
S.F.
_____
H.F.
_____
for
the
purpose
of
selecting
one
of
its
members
as
chairperson
,
1
which
member
shall
serve
in
such
capacity
for
the
succeeding
2
year.
The
commission
shall
otherwise
meet
quarterly
or
at
3
the
call
of
the
chairperson
or
administrator
or
,
when
any
4
three
members
file
with
the
chairperson
a
written
request
5
for
a
meeting.
Written
notice
of
the
time
and
place
of
each
6
meeting
shall
be
given
to
each
member
of
the
commission.
All
7
commission
meetings
shall
be
held
within
the
state.
A
majority
8
of
the
commission
members
shall
constitute
a
quorum.
9
Sec.
4.
Section
123.31,
unnumbered
paragraph
1,
Code
2011,
10
is
amended
to
read
as
follows:
11
Except
as
otherwise
provided
in
section
123.35
,
verified
12
Verified
applications
for
the
original
issuance
or
the
renewal
13
of
liquor
control
licenses
shall
be
filed
at
the
time
and
in
14
the
number
of
copies
as
the
administrator
shall
prescribe,
on
15
forms
prescribed
by
the
administrator,
and
shall
set
forth
16
under
oath
the
following
information:
17
Sec.
5.
Section
123.43A,
subsection
1,
Code
2011,
is
amended
18
by
striking
the
subsection.
19
Sec.
6.
Section
123.46,
subsection
1,
paragraph
d,
Code
20
2011,
is
amended
by
striking
the
paragraph.
21
Sec.
7.
Section
123.129,
subsection
1,
Code
2011,
is
amended
22
by
striking
the
subsection.
23
Sec.
8.
Section
123.134,
subsection
5,
Code
2011,
is
amended
24
by
striking
the
subsection.
25
Sec.
9.
Section
123.141,
Code
2011,
is
amended
to
read
as
26
follows:
27
123.141
Keeping
liquor
where
beer
is
sold.
28
No
alcoholic
liquor
for
beverage
purposes
shall
be
used,
29
or
kept
for
any
purpose
in
the
place
of
business
of
class
“B”
30
permittees,
or
on
the
premises
of
such
class
“B”
permittees,
at
31
any
time.
A
violation
of
any
provision
of
this
section
shall
32
be
grounds
for
suspension
or
revocation
of
the
permit
pursuant
33
to
section
123.50,
subsection
3
.
This
section
shall
not
apply
34
in
any
manner
or
in
any
way
,
to
any
railway
car
of
any
dining
35
-2-
LSB
1244XD
(9)
84
rn/nh
2/
4
S.F.
_____
H.F.
_____
car
company,
sleeping
car
company,
railroad
company
or
railway
1
company,
having
a
special
class
“B”
permit;
to
the
premises
2
of
any
hotel
or
motel
for
which
a
class
“B”
permit
has
been
3
issued,
other
than
that
part
of
such
premises
regularly
used
by
4
the
hotel
or
motel
for
the
principal
purpose
of
selling
beer
5
or
food
to
the
general
public;
or
to
drug
stores
regularly
and
6
continuously
employing
a
registered
pharmacist,
from
having
7
alcohol
in
stock
for
medicinal
and
compounding
purposes.
8
Sec.
10.
Section
123.142,
unnumbered
paragraph
1,
Code
9
2011,
is
amended
to
read
as
follows:
10
It
is
unlawful
for
the
holder
of
a
class
“B”
or
class
“C”
11
permit
issued
under
this
chapter
to
sell
beer,
except
beer
12
brewed
on
the
premises
covered
by
a
special
class
“A”
permit
or
13
beer
purchased
from
a
person
holding
a
class
“A”
permit
issued
14
in
accordance
with
this
chapter
,
and
on
which
the
tax
provided
15
in
section
123.136
has
been
paid.
However,
this
section
does
16
not
apply
to
the
holders
of
special
class
“B”
permits
issued
17
under
section
123.133
for
sales
in
cars
engaged
in
interstate
18
commerce
nor
to
class
“D”
liquor
control
licensees
as
provided
19
in
this
chapter
.
20
Sec.
11.
REPEAL.
Sections
123.35,
123.133,
123.153,
21
123.154,
123.155,
123.156,
123.157,
123.158,
123.159,
123.160,
22
123.161,
and
123.162,
Code
2011,
are
repealed.
23
EXPLANATION
24
This
bill
makes
several
changes
regarding
matters
under
the
25
purview
of
the
alcoholic
beverages
division
of
the
department
26
of
commerce.
27
The
bill
deletes
definitions
of
grocery
store,
28
micro-distillery,
micro-distilled
spirits,
pharmacy,
and
school
29
contained
in
respective
provisions
within
Code
chapter
123,
and
30
inserts
the
definitions
into
the
general
definitions
section
31
for
the
chapter
in
Code
section
123.3.
The
bill
modifies
the
32
definition
of
native
wine
contained
within
Code
section
123.3
33
to
remove
reference
to
wine
manufactured
“in
this
state”,
34
instead
providing
that
“native
wine”
means
wine
manufactured
35
-3-
LSB
1244XD
(9)
84
rn/nh
3/
4
S.F.
_____
H.F.
_____
pursuant
to
Code
section
123.56
by
a
manufacturer
of
native
1
wine.
2
The
bill
amends
provisions
governing
meetings
of
the
3
alcoholic
beverages
commission,
providing
that
the
commission
4
shall
meet
to
elect
a
chairperson
on
or
before
July
1
annually,
5
rather
than
on
July
1
under
current
law.
The
bill
provides
6
that
the
commission
shall
otherwise
meet
quarterly,
or
at
any
7
time
called
by
the
administrator
of
the
division
in
addition
8
to
the
chairperson.
The
bill
deletes
a
current
provision
9
prohibiting
commission
meetings
from
being
held
outside
of
the
10
state.
11
The
bill
repeals
Code
section
123.35,
which
had
prescribed
12
simplified
application
forms
for
the
renewal
of
liquor
control
13
licenses,
wine
permits,
and
beer
permits
when
qualifications
14
had
not
changed
since
the
license
or
permit
was
originally
15
issued.
The
bill
also
repeals
Code
section
123.133
providing
16
for
the
issuance
of
a
special
class
“B”
permit
for
the
sale
17
of
beer
on
trains,
and
deletes
a
provision
which
currently
18
states
that
Code
section
123.141,
regarding
keeping
liquor
at
19
a
location
where
beer
is
sold,
shall
not
be
applicable
to
any
20
railway
car
of
any
dining
car
company,
sleeping
car
company,
21
railroad
company,
or
railway
company
in
possession
of
a
special
22
class
“B”
beer
permit.
The
bill
makes
conforming
changes
23
consistent
with
the
repeal
of
these
Code
sections.
24
The
bill
additionally
repeals
Code
sections
123.153
through
25
123.162,
comprising
division
IV
of
Code
chapter
123,
entitled
26
“Warehouse
Project”.
The
provisions
allowed
the
alcoholic
27
beverages
commission
to
issue
revenue
bonds
for
a
one-time
28
warehouse
project.
29
-4-
LSB
1244XD
(9)
84
rn/nh
4/
4