Senate Study Bill 1118 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF COMMERCE/ALCOHOLIC BEVERAGES DIVISION BILL) A BILL FOR An Act concerning the alcoholic beverages division of the 1 department of commerce and alcoholic beverage control, and 2 making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1168XD (16) 85 ec/nh
S.F. _____ H.F. _____ DIVISION I 1 APPLICATIONS, FORMS, AND RECORDS 2 Section 1. Section 123.3, subsection 6, Code 2013, is 3 amended to read as follows: 4 6. “Application” means a formal written request for the 5 issuance of a permit or license that is supported by a verified 6 statement of facts and submitted electronically, or in a manner 7 prescribed by the administrator . 8 Sec. 2. Section 123.19, subsections 1 and 2, Code 2013, are 9 amended to read as follows: 10 1. Any manufacturer, distiller , or importer of alcoholic 11 beverages shipping, selling, or having alcoholic beverages 12 brought into this state for resale by the state shall, as a 13 condition precedent to the privilege of so trafficking in 14 alcoholic liquors in this state, annually make application for 15 and hold a distiller’s certificate of compliance which shall 16 be issued by the administrator for that purpose. No brand 17 of alcoholic liquor shall be sold by the division in this 18 state unless the manufacturer, distiller, importer, and all 19 other persons participating in the distribution of that brand 20 in this state have obtained a certificate. The certificate 21 of compliance shall expire at the end of one year from the 22 date of issuance and shall be renewed for a like period upon 23 application to the administrator unless otherwise suspended 24 or revoked for cause. Each application for a certificate of 25 compliance or renewal shall be made submitted electronically, 26 or in a manner and upon forms prescribed by the administrator , 27 and shall be accompanied by a fee of fifty dollars payable to 28 the division. However, this subsection need not apply to a 29 manufacturer, distiller, or importer who ships or sells in this 30 state no more than eleven gallons or its case equivalent during 31 any fiscal year as a result of “special orders” which might 32 be placed, as defined and allowed by divisional rules adopted 33 under this chapter . 34 2. At the time of applying for a certificate of compliance, 35 -1- LSB 1168XD (16) 85 ec/nh 1/ 17
S.F. _____ H.F. _____ each applicant shall file with submit to the division 1 electronically, or in a manner prescribed by the administrator, 2 the name and address of its authorized agent for service of 3 process which shall remain effective until changed for another, 4 and a list of names and addresses of all representatives, 5 employees, or attorneys whom the applicant has appointed in the 6 state of Iowa to represent it for any purpose. The listing 7 shall be amended from time to time by the certificate holder as 8 necessary to keep the listing current with the division. 9 Sec. 3. Section 123.31, unnumbered paragraph 1, Code 2013, 10 is amended to read as follows: 11 Verified applications for the original issuance or the 12 renewal of liquor control licenses shall be filed at the 13 time and in the number of copies as the administrator shall 14 prescribe, on forms submitted electronically, or in a manner 15 prescribed by the administrator, and shall set forth under oath 16 the following information: 17 Sec. 4. Section 123.32, subsection 1, Code 2013, is amended 18 to read as follows: 19 1. Filing of application. An application for a class “A”, 20 class “B”, class “C”, or class “E” liquor control license, for 21 a class “A” micro-distilled spirits permit, for a retail beer 22 permit as provided in sections 123.128 and 123.129 , or for a 23 class “B”, class “B” native, or class “C” native retail wine 24 permit as provided in section 123.178 , 123.178A , or 123.178B , 25 accompanied by the necessary fee and bond, if required, shall 26 be filed with the appropriate city council if the premises for 27 which the license or permit is sought are located within the 28 corporate limits of a city, or with the board of supervisors 29 if the premises for which the license or permit is sought are 30 located outside the corporate limits of a city. An application 31 for a class “D” liquor control license and for a class “A” 32 beer or class “A” wine permit, accompanied by the necessary 33 fee and bond, if required, shall be filed with submitted to 34 the division electronically, or in a manner prescribed by the 35 -2- LSB 1168XD (16) 85 ec/nh 2/ 17
S.F. _____ H.F. _____ administrator , which shall proceed in the same manner as in the 1 case of an application approved by local authorities. 2 Sec. 5. Section 123.33, Code 2013, is amended to read as 3 follows: 4 123.33 Records. 5 Every holder of a liquor control license shall keep a 6 daily record , in printed or electronic format, of the gross 7 receipts of the holder’s business. The records required and 8 the premises of the licensee shall be accessible and open to 9 inspection pursuant to section 123.30, subsection 1 , during 10 normal business hours of the licensee. 11 Sec. 6. Section 123.41, subsection 1, Code 2013, is amended 12 to read as follows: 13 1. Upon Each application in the prescribed form to obtain 14 or renew a manufacturer’s license shall be submitted to the 15 division electronically, or in a manner prescribed by the 16 administrator, and shall be accompanied by a fee of three 17 hundred fifty dollars , the payable to the division. The 18 administrator may in accordance with this chapter grant and 19 issue a manufacturer’s license, valid for a one-year period 20 after date of issuance, to a manufacturer which shall allow 21 the manufacture, storage, and wholesale disposition and sale 22 of alcoholic liquors to the division and to customers outside 23 of the state. 24 Sec. 7. Section 123.42, subsection 1, Code 2013, is amended 25 to read as follows: 26 1. Prior to representing or promoting a distiller’s 27 alcoholic liquor products in the state, the broker shall 28 make submit an application to the administrator on forms 29 provided division electronically, or in a manner prescribed 30 by the division administrator, for a broker’s permit. The 31 administrator may in accordance with this chapter issue a 32 broker’s permit which shall be valid for one year from the 33 date of issuance unless it is sooner suspended or revoked 34 for a violation of this chapter . A broker’s permit is valid 35 -3- LSB 1168XD (16) 85 ec/nh 3/ 17
S.F. _____ H.F. _____ throughout the state, and a broker who represents more than one 1 distiller is required to obtain only one broker’s permit. 2 Sec. 8. Section 123.127, subsection 1, paragraph a, 3 unnumbered paragraph 1, Code 2013, is amended to read as 4 follows: 5 Submits a written an application for such permit 6 electronically , or in a manner prescribed by the administrator, 7 which application shall state under oath: 8 Sec. 9. Section 123.127, subsection 1, paragraph c, Code 9 2013, is amended to read as follows: 10 c. Furnishes a bond in the form a manner prescribed and 11 to be furnished by the division administrator , with good 12 and sufficient sureties to be approved by the administrator 13 conditioned upon the faithful observance of this chapter , in 14 the penal sum of five thousand dollars, payable to the state. 15 Sec. 10. Section 123.128, subsection 1, unnumbered 16 paragraph 1, Code 2013, is amended to read as follows: 17 Submits a written an application for such permit 18 electronically , or in a manner prescribed by the administrator, 19 which application shall state under oath: 20 Sec. 11. Section 123.129, subsection 2, paragraph a, Code 21 2013, is amended to read as follows: 22 a. Submits a written an application for such permit 23 electronically , or in a manner prescribed by the administrator, 24 which application shall state under oath all the information 25 required of a class “A” applicant by section 123.127, 26 subsection 1 , paragraph “a” . 27 Sec. 12. Section 123.135, subsections 1 and 3, Code 2013, 28 are amended to read as follows: 29 1. A manufacturer, brewer, bottler, importer, or vendor 30 of beer or any agent thereof desiring to ship or sell beer, 31 or have beer brought into this state for resale by a class 32 “A” permittee shall first make application for and be issued 33 a brewer’s certificate of compliance by the administrator 34 for that purpose. The certificate of compliance expires at 35 -4- LSB 1168XD (16) 85 ec/nh 4/ 17
S.F. _____ H.F. _____ the end of one year from the date of issuance and shall be 1 renewed for a like period upon application to the administrator 2 unless otherwise revoked for cause. Each application for a 3 certificate of compliance or renewal of a certificate shall 4 be submitted electronically, or in a manner prescribed by 5 the administrator, and shall be accompanied by a fee of five 6 hundred dollars payable to the division. Each holder of a 7 certificate of compliance shall furnish the information in the 8 form a manner the administrator requires. 9 3. All class “A” permit holders shall sell only those brands 10 of beer which are manufactured, brewed, bottled, shipped, 11 or imported by a person holding a current certificate of 12 compliance. Any employee or agent working for or representing 13 the holder of a certificate of compliance within this state 14 shall register submit electronically, or in a manner prescribed 15 by the administrator, the employee’s or agent’s name and 16 address with the division , which names and addresses shall be 17 filed with the division’s copy of the certificate of compliance 18 issued . 19 Sec. 13. Section 123.137, unnumbered paragraph 1, Code 20 2013, is amended to read as follows: 21 A person holding a class “A” or special class “A” permit 22 shall on or before the tenth day of each calendar month 23 commencing on the tenth day of the calendar month following the 24 month in which the person is issued a permit, make a report 25 under oath to the division upon forms to be furnished by 26 the division for that purpose electronically, or in a manner 27 prescribed by the administrator, showing the exact number of 28 barrels of beer, or fractional parts of barrels, sold by the 29 permit holder during the preceding calendar month. The report 30 shall also state information the administrator requires, and 31 permit holders shall at the time of filing a report pay to the 32 division the amount of tax due at the rate fixed in section 33 123.136 . 34 Sec. 14. Section 123.173, subsection 4, Code 2013, is 35 -5- LSB 1168XD (16) 85 ec/nh 5/ 17
S.F. _____ H.F. _____ amended to read as follows: 1 4. When a class “B” or class “B” native wine permittee who 2 also holds a class “E” liquor control license sells wine to a 3 class “A”, class “B”, or class “C” liquor control licensee, the 4 liquor control licensee shall sign a report attesting to the 5 purchase. The class “B” or class “B” native wine permittee who 6 also holds a class “E” liquor control license shall submit a 7 report to the division electronically , on forms supplied by the 8 division or in a manner prescribed by the administrator , not 9 later than the tenth of each month a report stating each sale 10 of wine to class “A”, class “B”, and class “C” liquor control 11 licensees during the preceding month, the date of each sale, 12 and the brands and numbers of bottles with each sale. A class 13 “B” permittee who holds a class “E” liquor control license 14 may sell to class “A”, class “B”, or class “C” liquor control 15 licensees only if the licensed premises of the liquor control 16 licensee is located within the geographic territory of the 17 class “A” wine permittee from which the wine was originally 18 purchased by the class “B” wine permittee. 19 Sec. 15. Section 123.175, subsection 1, unnumbered 20 paragraph 1, Code 2013, is amended to read as follows: 21 Submits a written an application electronically, or in a 22 manner prescribed by the administrator, for the permit and 23 states on the application which shall state under oath: 24 Sec. 16. Section 123.175, subsection 3, Code 2013, is 25 amended to read as follows: 26 3. Submits, in the case of a class “A” wine permit, a bond 27 in the amount of five thousand dollars in the form a manner 28 prescribed and furnished by the division administrator with 29 good and sufficient sureties to be approved by the division 30 conditioned upon compliance with this chapter . 31 Sec. 17. Section 123.180, subsection 1, Code 2013, is 32 amended to read as follows: 33 1. A manufacturer, vintner, bottler, importer, or vendor 34 of wine or an agent thereof desiring to ship, sell, or have 35 -6- LSB 1168XD (16) 85 ec/nh 6/ 17
S.F. _____ H.F. _____ wine brought into this state for resale by the division or for 1 sale at wholesale by a class “A” permittee shall first make 2 application for and shall be issued a vintner’s certificate 3 of compliance by the administrator for that purpose. The 4 vintner’s certificate of compliance shall expire at the end of 5 one year from the date of issuance and shall be renewed for 6 a like period upon application to the administrator unless 7 otherwise revoked for cause. Each application for a vintner’s 8 certificate of compliance or renewal of a certificate shall 9 be submitted electronically, or in a manner prescribed by the 10 administrator, and shall be accompanied by a fee of one hundred 11 dollars payable to the division. Each holder of a vintner’s 12 certificate of compliance shall furnish the information 13 required by the administrator in the form the administrator 14 requires. A vintner or wine bottler whose plant is located in 15 Iowa and who otherwise holds a class “A” wine permit to sell 16 wine at wholesale is exempt from the fee, but not the other 17 terms and conditions. The holder of a vintner’s certificate of 18 compliance may also hold a class “A” wine permit. 19 Sec. 18. Section 123.184, Code 2013, is amended to read as 20 follows: 21 123.184 Report of gallonage sales —— penalty. 22 Each class “A” wine permit holder on or before the tenth 23 day of each calendar month commencing on the tenth day of the 24 calendar month following the month in which the person is 25 issued a permit, shall make a report under oath to the division 26 upon forms to be furnished by the division electronically, or 27 in a manner prescribed by the administrator, showing the exact 28 number of gallons of wine and fractional parts of gallons, sold 29 by that permit holder during the preceding calendar month. 30 The report also shall state whatever reasonable additional 31 information the administrator requires. The permit holder 32 at the time of filing this report shall pay to the division 33 the amount of tax due at the rate fixed in section 123.183 . 34 A penalty of ten percent of the amount of the tax shall be 35 -7- LSB 1168XD (16) 85 ec/nh 7/ 17
S.F. _____ H.F. _____ assessed and collected if the report is not filed and the tax 1 paid within the time required by this section . 2 Sec. 19. Section 123.187, subsection 2, paragraph a, Code 3 2013, is amended to read as follows: 4 a. The administrator shall issue a wine direct shipper 5 license to a wine manufacturer who submits a written an 6 application for the license on a form to be established 7 electronically, or in a manner prescribed by the administrator 8 by rule , accompanied by a true copy of the manufacturer’s 9 current alcoholic beverage license or permit and a copy of the 10 manufacturer’s winery license issued by the federal alcohol and 11 tobacco tax and trade bureau. 12 DIVISION II 13 COMMISSION AND DIVISION DUTIES —— BONDS, PAYMENTS, AND REPORTS 14 Sec. 20. Section 123.10, unnumbered paragraph 1, Code 2013, 15 is amended to read as follows: 16 The governor shall appoint the administrator of the 17 alcoholic beverages division, subject to confirmation by the 18 senate, to a four-year term. A vacancy in an unexpired term 19 shall be filled in the same manner as a full-term appointment 20 is made. The administrator shall not be a member of the 21 commission. The administrator’s salary shall be fixed by the 22 general assembly. The administrator shall be qualified to 23 perform the administrator’s duties by managerial ability and 24 experience as a business executive. The administrator shall 25 post a bond paid from the state general fund in an amount 26 established by the governor to insure proper discharge of the 27 administrator’s duties. 28 Sec. 21. Section 123.24, subsections 2 and 3, Code 2013, are 29 amended to read as follows: 30 2. a. The division may accept from a class “E” liquor 31 control licensee a cashier’s check which shows the licensee 32 is the remitter or a check issued by the licensee electronic 33 funds transferred by automated clearing house, wire transfer, 34 or another method deemed acceptable by the administrator, 35 -8- LSB 1168XD (16) 85 ec/nh 8/ 17
S.F. _____ H.F. _____ in payment of alcoholic liquor. If a check payment is 1 subsequently dishonored, the division shall cause a notice 2 of nonpayment and penalty to be served upon the class “E” 3 liquor control licensee or upon any person in charge of the 4 licensed premises. The notice shall state that if payment 5 or satisfaction for the dishonored check payment is not made 6 within ten days of the service of notice, the licensee’s liquor 7 control license may be suspended under section 123.39 . The 8 notice of nonpayment and penalty shall be in a form prescribed 9 by the administrator, and shall be sent by certified mail. 10 b. If upon notice and hearing under section 123.39 and 11 pursuant to the provisions of chapter 17A concerning a 12 contested case hearing, the administrator determines that 13 the class “E” liquor control licensee failed to satisfy the 14 obligation for which the check payment was issued within ten 15 days after the notice of nonpayment and penalty was served on 16 the licensee as provided in paragraph “a” of this subsection , 17 the administrator may suspend the licensee’s class “E” liquor 18 control license for a period not to exceed ten days. 19 3. The administrator may refuse to sell alcoholic liquor 20 to a class “E” liquor control licensee who tenders a check 21 or electronic funds transfer payment which is subsequently 22 dishonored until the outstanding obligation is satisfied. 23 Sec. 22. Section 123.55, unnumbered paragraph 1, Code 2013, 24 is amended to read as follows: 25 The commission shall cause to be prepared an annual report to 26 the governor of the state, ending with June 30 of each fiscal 27 year, showing fully the results of on the operations operation 28 and financial position of the division covering the period 29 since the last previous report for the preceding fiscal year . 30 Such The report shall show include but is not limited to the 31 following information : 32 Sec. 23. REPEAL. Section 123.8, Code 2013, is repealed. 33 DIVISION III 34 BEER AND WINE PROVISIONS 35 -9- LSB 1168XD (16) 85 ec/nh 9/ 17
S.F. _____ H.F. _____ Sec. 24. Section 123.3, subsections 7 and 19, Code 2013, are 1 amended to read as follows: 2 7. “Beer” means any liquid capable of being used for 3 beverage purposes made by the fermentation of an infusion 4 in potable water of barley, malt, and hops, with or without 5 unmalted grains or decorticated and degerminated grains or made 6 by the fermentation of or by distillation of the fermented 7 products of fruit, fruit extracts, or other agricultural 8 products, containing more than one-half of one percent of 9 alcohol by volume but not more than five percent of alcohol by 10 weight or six and twenty-five hundredths percent of alcohol by 11 volume but not including mixed drinks or cocktails mixed on the 12 premises. 13 19. “High alcoholic content beer” means beer which 14 contains more than five percent of alcohol by weight or six 15 and twenty-five hundredths percent of alcohol by volume , but 16 not more than twelve percent of alcohol by weight or fifteen 17 percent of alcohol by volume , that is made by the fermentation 18 of an infusion in potable water of barley, malt, and hops, with 19 or without unmalted grains or decorticated and degerminated 20 grains. Not more than one and five-tenths percent of the 21 volume of a “high alcoholic content beer” may consist of alcohol 22 derived from added flavors and other nonbeverage ingredients 23 containing alcohol. The added flavors and other nonbeverage 24 ingredients may not include added caffeine or other added 25 stimulants including but not limited to guarana, ginseng, and 26 taurine. 27 Sec. 25. Section 123.99, Code 2013, is amended to read as 28 follows: 29 123.99 False statements. 30 If any person, for the purpose of procuring the shipment, 31 transportation, or conveyance of any intoxicating liquors 32 liquor, wine, or beer within this state, shall make to any 33 person, company, corporation, or common carrier, or to any 34 agent thereof, any false statements as to the character 35 -10- LSB 1168XD (16) 85 ec/nh 10/ 17
S.F. _____ H.F. _____ or contents of any box, barrel, or other vessel or package 1 containing such liquors liquor, wine, or beer ; or shall refuse 2 to give correct and truthful information as to the contents of 3 any such box, barrel, or other vessel or package so sought to 4 be transported or conveyed; or shall falsely mark, brand, or 5 label such box, barrel, or other vessel or package in order to 6 conceal the fact that the same contains intoxicating liquors 7 liquor, wine, or beer ; or shall by any device or concealment 8 procure or attempt to procure the conveyance or transportation 9 of such liquors liquor, wine, or beer as herein prohibited, the 10 person shall be guilty of a simple misdemeanor. 11 Sec. 26. Section 123.100, Code 2013, is amended to read as 12 follows: 13 123.100 Packages in transit. 14 Any peace officer of the county under process or warrant to 15 the peace officer directed shall have the right to open any 16 box, barrel, or other vessel or package for examination, if 17 the peace officer has reasonable ground for believing that it 18 contains intoxicating liquors liquor, wine, or beer , either 19 before or while the same is being so transported or conveyed. 20 Sec. 27. Section 123.101, Code 2013, is amended to read as 21 follows: 22 123.101 Record of shipments. 23 It shall be the duty of all common carriers, or corporations, 24 or persons who shall for hire carry any intoxicating liquors 25 liquor, wine, or beer into the state, or from one point to 26 another within the state, for the purpose of delivery, and 27 who shall deliver such intoxicating liquor , wine, or beer to 28 any person, company, or corporation, to keep, at each station 29 or office where it employs an agent or other person to make 30 delivery of freight and keep records relative thereto, a record 31 book, wherein such carrier shall, promptly upon receipt and 32 prior to delivery, enter in ink, in legible writing, in full, 33 maintain a proper record of the name of the consignor of each 34 shipment of intoxicating liquor to be delivered from or through 35 -11- LSB 1168XD (16) 85 ec/nh 11/ 17
S.F. _____ H.F. _____ such station , wine, or beer from where shipped, the date of 1 arrival, the quantity and kind of intoxicating liquor , wine, 2 or beer , so far as disclosed by lettering on the package or by 3 the carrier’s records, and to whom and where consigned, and the 4 date delivered. 5 Sec. 28. Section 123.102, Code 2013, is amended to read as 6 follows: 7 123.102 Inspection of shipping records. 8 The record book records required by section 123.101 shall, 9 during business hours, be open to inspection by any peace or 10 law enforcing officer. It shall be is a simple misdemeanor to 11 refuse such inspection. 12 Sec. 29. Section 123.103, Code 2013, is amended to read as 13 follows: 14 123.103 Record receipt upon delivery. 15 No shipment billed in whole or in part as intoxicating 16 liquor shall be delivered to the consignee until such consignee 17 upon such record book enters in ink, in legible writing, the 18 consignee’s The full name and residence or place of business , 19 giving the name of the city, and the street name and number if 20 any, and certifies of the consignee of a shipment billed in 21 whole or in part as intoxicating liquor, wine, or beer, shall 22 be properly recorded at the time of delivery and the consignee 23 shall certify that such the intoxicating liquor , wine, or beer 24 is for the consignee’s own lawful purposes. 25 Sec. 30. Section 123.104, Code 2013, is amended to read as 26 follows: 27 123.104 Unlawful delivery. 28 It shall be is a simple misdemeanor for any corporation, 29 common carrier, person, or any agent or employee thereof: 30 1. To deliver any intoxicating liquors liquor, wine, or beer 31 to any person other than to the consignee. 32 2. To deliver any intoxicating liquors liquor, wine, or 33 beer without having the same receipted for properly recorded 34 as provided in section 123.103 . 35 -12- LSB 1168XD (16) 85 ec/nh 12/ 17
S.F. _____ H.F. _____ 3. To deliver any intoxicating liquors liquor, wine, or 1 beer where there is reasonable ground to believe that such 2 intoxicating liquor , wine, or beer is intended for unlawful 3 use. 4 Sec. 31. Section 123.106, Code 2013, is amended to read as 5 follows: 6 123.106 Federal statutes. 7 The requirements of this chapter relative to the shipment 8 and delivery of intoxicating liquors liquor, wine, or beer and 9 the records to be kept thereof shall be construed in harmony 10 with federal statutes relating to interstate commerce in such 11 liquors liquor, wine, or beer . 12 Sec. 32. Section 123.107, subsection 1, paragraph a, Code 13 2013, is amended to read as follows: 14 a. To set out exactly the kind or quantity of intoxicating 15 liquors liquor, wine, or beer manufactured, sold, given in 16 evasion of the statute, or kept for sale. 17 Sec. 33. Section 123.111, Code 2013, is amended to read as 18 follows: 19 123.111 Purchaser as witness. 20 The person purchasing any intoxicating liquor , wine, or 21 beer sold in violation of this chapter shall in all cases be a 22 competent witness to prove such sale. 23 Sec. 34. Section 123.115, Code 2013, is amended to read as 24 follows: 25 123.115 Defense. 26 In any prosecution under this chapter for the unlawful 27 transportation of intoxicating liquors liquor, wine, or beer 28 it shall be a defense that the character and contents of the 29 shipment or thing transported were not known to the accused or 30 to the accused’s agent or employee. 31 Sec. 35. Section 123.116, Code 2013, is amended to read as 32 follows: 33 123.116 Right to receive liquors liquor, wine, or beer . 34 The consignee of intoxicating liquors liquor, wine, or beer 35 -13- LSB 1168XD (16) 85 ec/nh 13/ 17
S.F. _____ H.F. _____ shall, on demand of the carrier transporting such liquors 1 liquor, wine, or beer , furnish the carrier, at the place of 2 delivery, with legal proof of the consignee’s legal right to 3 receive such liquors liquor, wine, or beer at the time of 4 delivery, and until such proof is furnished the carrier shall 5 be under no legal obligation to make delivery nor be liable for 6 failure to deliver. 7 Sec. 36. Section 123.117, Code 2013, is amended to read as 8 follows: 9 123.117 Delivery to sheriff. 10 If such proof is not furnished the carrier within ten days 11 after demand, the carrier may deliver such liquors liquor, 12 wine, or beer to the sheriff of the county embracing the place 13 of delivery, and such delivery shall absolve the carrier from 14 all liability pertaining to such liquors liquor, wine, or beer . 15 Sec. 37. Section 123.118, Code 2013, is amended to read as 16 follows: 17 123.118 Destruction. 18 The sheriff shall, on receipt of such liquors liquor, wine, 19 or beer from the carrier, report the receipt to the district 20 court of the sheriff’s county, and the court shall proceed to 21 summarily enter an order for the destruction or forfeiture to 22 the state of such liquors liquor, wine, or beer . 23 Sec. 38. Section 123.120, Code 2013, is amended to read as 24 follows: 25 123.120 Attempt to destroy. 26 The destruction of or attempt to destroy any liquid by 27 any person while in the presence of peace officers or while 28 a property is being searched by a peace officer, shall be 29 competent evidence that such liquid is intoxicating liquor , 30 wine, or beer and intended for unlawful purposes. 31 Sec. 39. Section 123.121, unnumbered paragraph 2, Code 32 2013, is amended to read as follows: 33 In any prosecution under this chapter for the unlawful 34 transportation of intoxicating liquor, wine, or beer, 35 -14- LSB 1168XD (16) 85 ec/nh 14/ 17
S.F. _____ H.F. _____ the offense shall be held to have been committed in any 1 county in which such liquor , wine, or beer is received for 2 transportation, through which it is transported, or in which it 3 is delivered. 4 Sec. 40. Section 123.138, subsection 1, Code 2013, is 5 amended to read as follows: 6 1. Each class “A” or special class “A” permittee shall 7 keep proper books of account and records showing the amount of 8 beer sold by the permittee, and these books of account records 9 shall be at all times open to inspection by the administrator 10 and to other persons pursuant to section 123.30, subsection 11 1 . Each class “B” and permittee, class “C” permittee , and 12 retail liquor control licensee shall keep proper books of 13 account and records showing each purchase of beer made by the 14 permittee and licensee , and the date and the amount of each 15 purchase and the name of the person from whom each purchase 16 was made, which books of account and records shall be open to 17 inspection pursuant to section 123.30, subsection 1 , during 18 normal business hours of the permittee or licensee . 19 Sec. 41. Section 123.144, Code 2013, is amended to read as 20 follows: 21 123.144 Bottling beer. 22 1. No person shall bottle beer within the state of Iowa for 23 purposes other than for individual consumption in a private 24 home , except class “A” , special class “A”, class “AA”, and 25 special class “AA” permittees who have complete equipment for 26 bottling beer and who have received the approval of the local 27 board of health as to sanitation , and it . It shall be the duty 28 of local boards of health to inspect the premises and equipment 29 of class “A” , special class “A”, class “AA”, and special class 30 “AA” permittees who desire to bottle beer. 31 2. However, any person of legal age may bottle beer for 32 personal use and if it is not sold or offered in exchange for 33 any type of consideration. In addition, such beer may be 34 removed from the premises where it was bottled for personal use 35 -15- LSB 1168XD (16) 85 ec/nh 15/ 17
S.F. _____ H.F. _____ including use at bona fide exhibitions, competitions, contests, 1 tastings, or judged events, if the beer is not sold or offered 2 in exchange for any type of consideration. 3 Sec. 42. Section 123.185, Code 2013, is amended to read as 4 follows: 5 123.185 Records required. 6 Each class “A” wine permittee shall keep books of account and 7 records showing each sale of wine, which shall be at all times 8 open to inspection by the administrator and pursuant to section 9 123.30, subsection 1 . Each class “B” wine permittee shall keep 10 proper books of account and records showing each purchase of 11 wine and the date and the amount of each purchase and the name 12 of the person from whom each purchase was made, which shall be 13 open to inspection pursuant to section 123.30, subsection 1 , 14 during normal business hours of the permittee. 15 EXPLANATION 16 This bill makes several changes relative to the alcoholic 17 beverages division of the department of commerce and alcoholic 18 beverage control. 19 Division I, concerning applications, forms, and records, 20 amends several provisions of Code chapter 123 to provide that 21 various forms and applications currently submitted to and 22 supplied by the division in written form shall be submitted or 23 supplied electronically, or in a manner as prescribed by the 24 administrator of the division. 25 Division II concerns certain reports, payments, and bonding 26 requirements relative to the alcoholic beverages commission and 27 division. 28 Code section 123.10, concerning the duties of the 29 administrator of the division, is amended to remove the 30 requirement that the administrator post a surety bond. 31 Code section 123.24, concerning alcoholic liquor sales by 32 the division, is amended to provide that payment for liquor 33 sales by liquor control licensees can be made by electronic 34 funds transfer, wire transfer, or other method deemed 35 -16- LSB 1168XD (16) 85 ec/nh 16/ 17
S.F. _____ H.F. _____ acceptable by the administrator. 1 Code section 123.55, concerning the annual report of the 2 commission, is amended to clarify that the report covers a 3 fiscal year and concerns the operation and financial position 4 of the division. 5 Code section 123.8, requiring alcoholic beverages commission 6 members and certain division employees to post a surety bond, 7 is repealed. 8 Division III of the bill makes changes relative to alcoholic 9 beverage control of wine and beer. 10 Code section 123.3(7) and (19), concerning the definitions 11 of beer and high alcoholic content beer, are amended to provide 12 the allowable alcoholic content of beer and high alcoholic 13 content beer by volume. Current law defines the allowable 14 alcoholic content of beer and high alcoholic content beer by 15 weight. 16 Code sections 123.99, 123.100, 123.101, 123.103, 123.104, 17 123.106, 123.107, 123.111, 123.115, 123.116, 123.120, and 18 123.121, generally related to the shipment and delivery of 19 intoxicating liquors, and applicable criminal penalties, are 20 amended to provide that the requirements of these sections also 21 apply to wine and beer. 22 Code section 123.138(1), concerning records a permittee is 23 required to maintain relative to the sale of beer, is amended 24 to extend this requirement to retail liquor control licensees 25 that also sell beer. 26 Code section 123.144, concerning bottling beer, is amended 27 to allow beer bottled for personal use to be used other 28 than where it was bottled for use at bona fide exhibitions, 29 competitions, contests, tastings, and judged events, if 30 the beer is not sold or offered in exchange for any type of 31 consideration. 32 Code sections 123.138 and 123.185, concerning records a 33 permittee is required to maintain, are amended by striking 34 language relative to keeping books of account. 35 -17- LSB 1168XD (16) 85 ec/nh 17/ 17