House
Study
Bill
573
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
VANDER
LINDEN)
A
BILL
FOR
An
Act
permitting
the
direct
shipment
of
wine
by
a
retailer
of
1
another
state
and
making
fees
and
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
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H.F.
_____
Section
1.
Section
123.183,
subsection
3,
Code
2016,
is
1
amended
to
read
as
follows:
2
3.
The
revenue
collected
from
the
wine
gallonage
tax
on
wine
3
imported
into
this
state
for
sale
at
wholesale
and
sold
in
this
4
state
at
wholesale,
and
on
wine
subject
to
direct
shipment
as
5
provided
in
section
123.187
by
a
wine
manufacturer
or
eligible
6
wine
retailer
licensed
or
permitted
pursuant
to
laws
regulating
7
alcoholic
beverages
in
another
state,
shall
be
deposited
in
the
8
beer
and
liquor
control
fund
created
in
section
123.17
.
9
Sec.
2.
Section
123.187,
subsection
1,
Code
2016,
is
amended
10
to
read
as
follows:
11
1.
a.
A
wine
manufacturer
licensed
or
permitted
pursuant
to
12
laws
regulating
alcoholic
beverages
in
this
state
or
another
13
state
or
an
eligible
wine
retailer
may
apply
for
a
wine
direct
14
shipper
license,
as
provided
in
this
section
.
15
b.
For
the
purposes
of
this
section
,
a
:
16
(1)
“Eligible
wine
retailer”
means
a
person
licensed
or
17
permitted
pursuant
to
laws
regulating
alcoholic
beverages
in
18
another
state
to
sell
and
ship
wine
out
of
the
state.
19
(2)
“wine
“Wine
manufacturer”
means
a
person
who
processes
20
the
fruit,
vegetables,
dandelions,
clover,
honey,
or
any
21
combination
of
these
ingredients,
by
fermentation
into
wines.
22
Sec.
3.
Section
123.187,
subsection
2,
paragraphs
a
and
c,
23
Code
2016,
are
amended
to
read
as
follows:
24
a.
The
administrator
shall
issue
a
wine
direct
shipper
25
license
to
a
wine
manufacturer
or
eligible
wine
retailer
who
26
submits
an
application
for
the
license
electronically,
or
in
a
27
manner
prescribed
by
the
administrator,
accompanied
by
a
true
28
copy
of
the
manufacturer’s
or
eligible
wine
retailer’s
current
29
alcoholic
beverage
license
or
permit
and
,
if
applicable,
a
copy
30
of
the
manufacturer’s
winery
license
issued
by
the
federal
31
alcohol
and
tobacco
tax
and
trade
bureau.
32
c.
An
application
submitted
pursuant
to
paragraph
“a”
33
shall
also
be
accompanied
by
a
bond
in
the
amount
of
five
34
thousand
dollars
in
the
form
prescribed
and
furnished
by
the
35
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_____
division
with
good
and
sufficient
sureties
to
be
approved
by
1
the
division
conditioned
upon
compliance
with
this
chapter
.
2
However,
a
wine
manufacturer
or
eligible
wine
retailer
that
3
has
submitted
a
bond
pursuant
to
section
123.175,
subsection
4
3
,
shall
not
be
required
to
provide
a
bond
as
provided
in
this
5
paragraph.
6
Sec.
4.
Section
123.187,
subsection
6,
paragraph
c,
Code
7
2016,
is
amended
to
read
as
follows:
8
c.
An
alcohol
carrier
licensee
shall
maintain
records
of
9
wine
shipped
which
include
the
license
number
and
name
of
10
the
wine
manufacturer
or
eligible
wine
retailer
,
quantity
of
11
wine
shipped,
recipient’s
name
and
address,
and
an
electronic
12
or
paper
form
of
signature
from
the
recipient
of
the
wine.
13
Records
shall
be
submitted
to
the
division
on
a
monthly
basis
14
in
a
form
and
manner
to
be
determined
by
the
division
by
rule.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
allows
a
wine
retailer
licensed
or
permitted
19
pursuant
to
laws
regulating
alcoholic
beverages
in
another
20
state
to
sell
and
ship
wine
out
of
the
state
to
obtain
a
wine
21
direct
shipper
license
pursuant
to
Code
section
123.187
in
22
the
same
manner
as
a
wine
manufacturer.
The
annual
fee
for
23
this
license
is
$25.
A
wine
direct
shipper
license
allows
a
24
licensee
to
ship
wine
to
a
resident
of
this
state
who
is
at
25
least
21
years
of
age,
for
the
resident’s
personal
use
and
26
consumption
and
not
for
resale.
27
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