S.F. 2347 Section 1. Section 123.10, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 13. Providing for the issuance of a 3 waiver for an individual of legal age desiring to import 4 alcoholic liquor, wine, or beer in excess of the amount 5 provided in section 123.22, 123.146, or 123.171, as applicable. 6 The waiver shall be limited to those individuals who were 7 domiciled outside the state within one year of the request 8 for a waiver and shall provide that any alcoholic liquor, 9 wine, or beer imported pursuant to the waiver shall be for 10 personal consumption only in a private home or other private 11 accommodation. 12 Sec. 2. Section 123.22, subsection 1, Code 2018, is amended 13 to read as follows: 14 1. The division has the exclusive right of importation 15 into the state of all forms of alcoholic liquor, except as 16 otherwise provided in this chapter , and a person shall not 17 import alcoholic liquor, except that an individual of legal 18 age may import and have in the individual’s possession an 19 amount of alcoholic liquor not exceeding one liter or, in 20 the case of alcoholic liquor personally obtained outside the 21 United States, four nine liters that the individual personally 22 obtained outside the state. Alcoholic liquor imported 23 by an individual pursuant to this subsection shall be for 24 personal consumption only in a private home or other private 25 accommodation. A distillery shall not sell alcoholic liquor 26 within the state to any person but only to the division, except 27 as otherwise provided in this chapter . This section vests in 28 the division exclusive control within the state as purchaser 29 of all alcoholic liquor sold by distilleries within the state 30 or imported, except beer and wine, and except as otherwise 31 provided in this chapter . The division shall receive alcoholic 32 liquor on a bailment system for resale by the division in the 33 manner set forth in this chapter . The division shall act as 34 the sole wholesaler of alcoholic liquor to class “E” liquor 35 -1- LSB 5416SV (2) 87 ec/rn 1/ 5

S.F. 2347 control licensees. 1 Sec. 3. Section 123.59, Code 2018, is amended to read as 2 follows: 3 123.59 Bootlegging —— penalties . 4 1. Any person who, acting individually, or through another 5 acting for the person, keeps or carries on the person, or 6 in a vehicle, or leaves in a place for another to secure, 7 any alcoholic liquor, wine, or beer, with intent to sell or 8 dispense the liquor, wine, or beer, by gift or otherwise in 9 violation of law, or who, within this state, in any manner, 10 directly or indirectly, solicits, takes, or accepts an order 11 for the purchase, sale, shipment, or delivery of alcoholic 12 liquor, wine, or beer in violation of law, or aids in the 13 delivery and distribution of alcoholic liquor, wine, or beer so 14 ordered or shipped, or who in any manner procures for, sells, 15 or gives alcoholic liquor, wine, or beer to a person under 16 legal age, for any purpose except as authorized and permitted 17 in this chapter , is a bootlegger and subject to the general 18 penalties provided by this chapter . 19 2. Any person, except a person under legal age, who violates 20 any of the provisions of this section shall be guilty of 21 an aggravated misdemeanor. Any person under legal age who 22 violates any of the provisions of this section shall be guilty 23 of a serious misdemeanor. 24 Sec. 4. NEW SECTION . 123.146 Importation of beer for 25 personal use. 26 Except as otherwise provided in this chapter, a person shall 27 not import beer. However, an individual of legal age may 28 import into the state without a certificate, permit, or license 29 an amount of beer not to exceed four and one-half gallons 30 per calendar month that the individual personally obtained 31 outside the state or, in the case of beer personally obtained 32 outside the United States, a quantity which does not exceed 33 the amount allowed by federal law governing the importation 34 of alcoholic beverages into the United States for personal 35 -2- LSB 5416SV (2) 87 ec/rn 2/ 5

S.F. 2347 consumption. Beer imported pursuant to this section shall be 1 for personal consumption in a private home or other private 2 accommodation and only if the beer is not sold, exchanged, 3 bartered, dispensed, or given in consideration of purchase for 4 any property or services or in evasion of the requirements of 5 this chapter. 6 Sec. 5. Section 123.171, Code 2018, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 3. Notwithstanding subsection 1, an 9 individual of legal age may import into the state without a 10 certificate, permit, or license an amount of wine not to exceed 11 nine liters per calendar month that the individual personally 12 obtained outside the state or, in the case of wine personally 13 obtained outside the United States, a quantity which does 14 not exceed the amount allowed by federal law governing the 15 importation of alcoholic beverages into the United States 16 for personal consumption. Wine imported pursuant to this 17 subsection shall be for personal consumption in a private home 18 or other private accommodation and only if the wine is not 19 sold, exchanged, bartered, dispensed, or given in consideration 20 of purchase for any property or services or in evasion of the 21 requirements of this chapter. 22 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 23 importance, takes effect upon enactment. 24 Sec. 7. APPLICABILITY. The section of this Act amending 25 section 123.10 applies to requests for waivers made on or after 26 June 1, 2018. 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 concerns the personal importation of alcoholic 31 liquor, wine, and beer, and increases the criminal penalties 32 for bootlegging. 33 Code section 123.10, is amended to authorize the 34 administrator of the alcoholic beverages division to adopt 35 -3- LSB 5416SV (2) 87 ec/rn 3/ 5

S.F. 2347 rules providing for the issuance of a waiver to an individual 1 desiring to import alcoholic liquor, wine, or beer in excess 2 of the amount otherwise allowed by Code chapter 123, but only 3 if the individual was domiciled outside the state within one 4 year of the request and if the alcoholic liquor, wine, or beer 5 is to be used only for personal consumption. The bill provides 6 that the amendment to this Code section applies to requests for 7 waivers made on or after June 1, 2018. 8 Code section 123.22, concerning alcoholic liquor, is amended 9 to allow an individual to import an amount of alcoholic liquor 10 not exceeding nine liters that the individual personally 11 obtained outside the state for personal consumption. Current 12 law allowed the importation of alcoholic liquor in an amount 13 not exceeding one liter, or if obtained outside the United 14 States, in an amount not exceeding four liters. 15 Code section 123.59, concerning bootlegging, is amended. 16 The bill modifies the provision that a person is a bootlegger 17 if they have any alcoholic beverage with the intent to sell 18 or dispense the alcoholic beverage by gift or otherwise 19 in violation of law by striking the reference to gift or 20 otherwise. The bill also specifically provides for the 21 criminal penalty applicable for a violation of the Code 22 section. The bill provides that any person under legal age 23 who violates any of the provisions of the Code section shall 24 be guilty of a serious misdemeanor while any other person who 25 violates the Code section shall be guilty of an aggravated 26 misdemeanor. Under current law, the Code section makes a 27 violation of the Code section subject to the general penalties 28 provided by Code chapter 123. Pursuant to Code section 123.90, 29 the criminal penalties applicable to a violation of the Code 30 chapter provide that a person under legal age is guilty of 31 a simple misdemeanor while any other person is guilty of a 32 serious misdemeanor for a violation of the Code chapter. A 33 serious misdemeanor is punishable by confinement for no more 34 than one year and a fine of at least $315 but not more than 35 -4- LSB 5416SV (2) 87 ec/rn 4/ 5

S.F. 2347 $1,875, while an aggravated misdemeanor is punishable by 1 confinement for no more than two years and a fine of at least 2 $625 but not more than $6,250. 3 New Code section 123.146 allows an individual of legal age 4 to personally obtain outside the state and import into the 5 state for personal use a certain amount of beer without a 6 certificate, permit, or license. The bill limits the amount of 7 beer to be imported for personal use to an amount of beer not to 8 exceed four and one-half gallons per calendar month or, in the 9 case of beer personally obtained outside the United States, a 10 quantity which does not exceed the amount allowed by federal 11 law governing the importation of alcoholic beverages into the 12 United States for personal consumption. 13 Code section 123.171 is amended to allow an individual of 14 legal age to personally obtain outside the state and import 15 into the state for personal use a certain amount of wine 16 without a certificate, permit, or license. The bill limits the 17 amount of wine to be imported for personal use to an amount of 18 wine not to exceed nine liters per calendar month or, in the 19 case of wine personally obtained outside the United States, a 20 quantity which does not exceed the amount allowed by federal 21 law governing the importation of alcoholic beverages into the 22 United States for personal consumption. 23 The bill takes effect upon enactment. 24 -5- LSB 5416SV (2) 87 ec/rn 5/ 5