S.F. _____ 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 age 18 may import and have in the individual’s possession an amount 19 of alcoholic liquor not exceeding one liter or, in the case of 20 alcoholic liquor personally obtained outside the United States, 21 four nine liters for personal consumption only in a private 22 home or other private accommodation. A distillery shall not 23 sell alcoholic liquor within the state to any person but only 24 to the division, except as otherwise provided in this chapter . 25 This section vests in the division exclusive control within the 26 state as purchaser of all alcoholic liquor sold by distilleries 27 within the state or imported, except beer and wine, and except 28 as otherwise provided in this chapter . The division shall 29 receive alcoholic liquor on a bailment system for resale by the 30 division in the manner set forth in this chapter . The division 31 shall act as the sole wholesaler of alcoholic liquor to class 32 “E” liquor control licensees. 33 Sec. 3. Section 123.59, Code 2018, is amended to read as 34 follows: 35 -1- LSB 5416XC (3) 87 ec/rn 1/ 5

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

S.F. _____ bartered, dispensed, or given in consideration of purchase for 1 any property or services or in evasion of the requirements of 2 this chapter. 3 Sec. 5. Section 123.171, Code 2018, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 3. Notwithstanding subsection 1, an 6 individual of legal age may import into the state without a 7 certificate, permit, or license an amount of wine not to exceed 8 four and one-half liters per calendar month that the individual 9 personally obtained outside the state or, in the case of wine 10 personally obtained outside the United States, a quantity which 11 does not exceed the amount allowed by federal law governing 12 the importation of alcoholic beverages into the United States 13 for personal consumption. Wine imported pursuant to this 14 subsection shall be for personal consumption in a private home 15 or other private accommodation and only if the wine is not 16 sold, exchanged, bartered, dispensed, or given in consideration 17 of purchase for any property or services or in evasion of the 18 requirements of this chapter. 19 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 20 importance, takes effect upon enactment. 21 Sec. 7. APPLICABILITY. The section of this Act amending 22 section 123.10 applies to requests for waivers made on or after 23 June 1, 2018. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill concerns the personal importation of alcoholic 28 liquor, wine, and beer, and increases the criminal penalties 29 for bootlegging. 30 Code section 123.10, is amended to authorize the 31 administrator of the alcoholic beverages division to adopt 32 rules providing for the issuance of a waiver to an individual 33 desiring to import alcoholic liquor, wine, or beer in excess 34 of the amount otherwise allowed by Code chapter 123, but only 35 -3- LSB 5416XC (3) 87 ec/rn 3/ 5

S.F. _____ if the individual was domiciled outside the state within one 1 year of the request and if the alcoholic liquor, wine, or beer 2 is to be used only for personal consumption. The bill provides 3 that the amendment to this Code section applies to requests for 4 waivers made on or after June 1, 2018. 5 Code section 123.59, concerning bootlegging, is amended to 6 specifically provide for the criminal penalty applicable for 7 a violation of the Code section. The bill provides that any 8 person under legal age who violates any of the provisions of 9 the Code section shall be guilty of a serious misdemeanor while 10 any other person who violates the Code section shall be guilty 11 of an aggravated misdemeanor. Under current law, the Code 12 section makes a violation of the Code section subject to the 13 general penalties provided by Code chapter 123. Pursuant to 14 Code section 123.90, the criminal penalties applicable to a 15 violation of the Code chapter provide that a person under legal 16 age is guilty of a simple misdemeanor while any other person 17 is guilty of a serious misdemeanor for a violation of the Code 18 chapter. A serious misdemeanor is punishable by confinement 19 for no more than one year and a fine of at least $315 but not 20 more than $1,875, while an aggravated misdemeanor is punishable 21 by confinement for no more than two years and a fine of at least 22 $625 but not more than $6,250. 23 New Code section 123.146 allows an individual of legal age 24 to personally obtain outside the state and import into the 25 state for personal use a certain amount of beer without a 26 certificate, permit, or license. The bill limits the amount of 27 beer to be imported for personal use to an amount of beer not to 28 exceed four and one-half gallons per calendar month or, in the 29 case of beer personally obtained outside the United States, a 30 quantity which does not exceed the amount allowed by federal 31 law governing the importation of alcoholic beverages into the 32 United States for personal consumption. 33 Code section 123.171 is amended to allow an individual of 34 legal age to personally obtain outside the state and import 35 -4- LSB 5416XC (3) 87 ec/rn 4/ 5

S.F. _____ into the state for personal use a certain amount of wine 1 without a certificate, permit, or license. The bill limits the 2 amount of wine to be imported for personal use to an amount of 3 wine not to exceed four and one-half liters per calendar month 4 or, in the case of wine personally obtained outside the United 5 States, a quantity which does not exceed the amount allowed by 6 federal law governing the importation of alcoholic beverages 7 into the United States for personal consumption. 8 The bill takes effect upon enactment. 9 -5- LSB 5416XC (3) 87 ec/rn 5/ 5