House
Study
Bill
505
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
COWNIE)
A
BILL
FOR
An
Act
eliminating
civil
liability
provisions
for
alcoholic
1
beverage
licensees
or
permittees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
123.92,
subsections
1
and
2,
Code
2016,
1
are
amended
by
striking
the
subsections.
2
Sec.
2.
Section
123.95,
subsection
1,
Code
2016,
is
amended
3
to
read
as
follows:
4
1.
A
person
shall
not
allow
the
dispensing
or
consumption
of
5
alcoholic
liquor,
except
wines
and
beer,
in
any
establishment
6
unless
the
establishment
is
licensed
under
this
chapter
or
7
except
as
otherwise
provided
in
this
section
.
The
holder
of
8
an
annual
class
“B”
liquor
control
license
or
an
annual
class
9
“C”
liquor
control
license
may
act
as
the
agent
of
a
private
10
social
host
for
the
purpose
of
providing
and
serving
alcoholic
11
liquor,
wine,
and
beer
as
part
of
a
food
catering
service
for
12
a
private
social
gathering
in
a
private
place.
The
holder
of
13
an
annual
special
class
“C”
liquor
control
license
shall
not
14
act
as
the
agent
of
a
private
social
host
for
the
purpose
of
15
providing
and
serving
wine
and
beer
as
part
of
a
food
catering
16
service
for
a
private
social
gathering
in
a
private
place.
The
17
private
social
host
or
the
licensee
shall
not
solicit
donations
18
in
payment
for
the
food
or
alcoholic
beverages
from
the
guests,
19
and
the
alcoholic
beverages
and
food
shall
be
served
without
20
cost
to
the
guests.
Section
123.92
does
not
apply
to
a
liquor
21
control
licensee
who
acts
in
accordance
with
this
section
when
22
the
liquor
control
licensee
is
providing
and
serving
food
and
23
alcoholic
beverages
as
an
agent
of
a
private
social
host
at
a
24
private
social
gathering
in
a
private
place
which
is
not
on
the
25
licensed
premises.
26
Sec.
3.
REPEAL.
Section
123.93,
Code
2016,
is
repealed.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
eliminates
civil
liability
provisions
for
31
alcoholic
beverage
licensees
or
permittees,
commonly
referred
32
to
as
the
dramshop
Act.
Current
law
provides
that
a
person
who
33
suffers
personal
injury,
property
damage,
or
loss
of
support
34
as
a
result
of
the
actions
of
an
intoxicated
person
may,
upon
35
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proper
notice,
seek
damages
from
an
alcoholic
beverage
licensee
1
or
permittee
who
sold
to
and
served
intoxicating
beverages
to
2
a
person
when
the
licensee
or
permittee
knew
or
should
have
3
known
the
person
was
intoxicated
or
should
have
known
the
4
person
would
become
intoxicated
and
the
person
is
subsequently
5
involved
in
an
alcohol-related
accident
resulting
in
injury
to
6
a
third
person.
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