House
File
2540
-
Introduced
HOUSE
FILE
2540
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
683)
A
BILL
FOR
An
Act
establishing
a
charity
beer,
spirits,
and
wine
event
1
permit.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6325HV
(1)
88
ec/rn
H.F.
2540
Section
1.
Section
123.32,
subsection
1,
paragraph
b,
Code
1
2020,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(7A)
A
charity
beer,
spirits,
and
wine
3
event
permit
as
provided
in
section
123.173B.
4
Sec.
2.
NEW
SECTION
.
123.173B
Charity
beer,
spirits,
and
5
wine
event
permit.
6
1.
For
purposes
of
this
section,
“authorized
nonprofit
7
entity”
includes
a
nonprofit
entity
which
has
a
principal
office
8
in
the
state,
a
nonprofit
corporation
organized
under
chapter
9
504,
or
a
foreign
corporation
as
defined
in
section
504.141,
10
whose
income
is
exempt
from
federal
taxation
under
section
11
501(c)
of
the
Internal
Revenue
Code.
12
2.
An
authorized
nonprofit
entity
may,
upon
application
13
to
the
division
and
receipt
of
a
charity
beer,
spirits,
and
14
wine
event
permit
from
the
division,
conduct
a
charity
event
15
which
allows
for
the
consumption
of
beer,
spirits,
and
wine
on
16
the
premises
of
the
event
and
allows
the
authorized
nonprofit
17
entity
to
include
the
cost
of
the
beer,
spirits,
and
wine
at
18
the
event
as
part
of
the
admission
fee
to
the
event.
The
19
completed
application
shall
specify
the
date
and
time
when
the
20
charity
beer,
spirits,
and
wine
event
is
to
be
conducted
and
21
the
premises
in
this
state
where
the
charity
beer,
spirits,
22
and
wine
event
is
to
be
physically
conducted.
The
completed
23
application
shall
also
specify
that
the
premises
where
the
24
charity
beer,
spirits,
and
wine
event
is
to
be
conducted
has
a
25
valid
license
or
permit
authorizing
the
consumption
of
beer,
26
spirits,
or
wine
on
the
premises
and
that
the
authorized
27
nonprofit
entity
has
entered
into
an
agreement
with
the
28
licensee
or
permittee
of
the
licensed
premises
allowing
the
29
charity
beer,
spirits,
and
wine
event
to
be
conducted
on
the
30
premises
and
providing
that
the
authorized
nonprofit
entity
31
shall
reimburse
the
licensee
or
permittee
for
the
beer,
32
spirits,
and
wine
consumed
at
the
event.
The
applicant
shall
33
certify
that
the
objective
of
the
charity
beer,
spirits,
and
34
wine
event
is
to
raise
funds
solely
to
be
used
for
educational,
35
-1-
LSB
6325HV
(1)
88
ec/rn
1/
3
H.F.
2540
religious,
or
charitable
purposes
and
that
the
entire
proceeds
1
from
the
charity
beer,
spirits,
and
wine
event
are
to
be
2
expended
for
any
of
the
purposes
described
in
section
423.3,
3
subsection
78.
4
3.
An
authorized
nonprofit
entity
shall
be
eligible
to
5
receive
only
two
charity
beer,
spirits,
and
wine
event
permits
6
during
a
calendar
year
and
each
charity
beer,
spirits,
and
7
wine
event
permit
shall
be
valid
for
a
period
not
to
exceed
8
thirty-six
consecutive
hours.
9
4.
The
authorized
nonprofit
entity
conducting
the
charity
10
beer,
spirits,
and
wine
event
shall
obtain
the
beer,
spirits,
11
and
wine
to
be
consumed
on
the
premises
of
the
charity
beer,
12
spirits,
and
wine
event
from
the
applicable
licensee
or
13
permittee
for
the
premises.
14
5.
Any
violation
of
the
requirements
of
this
chapter
or
the
15
rules
adopted
pursuant
to
this
chapter
shall
subject
the
permit
16
holder
to
the
general
penalties
provided
in
this
chapter
and
17
shall
constitute
grounds
for
imposition
of
a
civil
penalty,
18
suspension
of
the
permit,
or
revocation
of
the
permit
after
19
notice
and
opportunity
for
a
hearing
pursuant
to
section
123.39
20
and
chapter
17A.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
authorizes
a
nonprofit
entity
to
conduct
a
charity
25
beer,
spirits,
and
wine
event.
26
New
Code
section
123.173B
provides
for
the
issuance
of
a
27
charity
beer,
spirits,
and
wine
event
permit
to
an
authorized
28
nonprofit
entity
that
allows
the
consumption
of
beer,
spirits,
29
and
wine
at
a
charity
beer,
spirits,
and
wine
event
and
allows
30
for
including
the
cost
of
the
beer,
spirits,
and
wine
as
part
31
of
an
admission
fee
to
the
event.
The
bill
requires
the
32
nonprofit
entity
to
specify
the
date
and
time
and
the
premises
33
where
the
charity
beer,
spirits,
and
wine
event
is
to
be
34
conducted.
The
bill
provides
that
the
completed
application
35
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3
H.F.
2540
shall
also
specify
that
the
premises
has
a
valid
license
or
1
permit
authorizing
the
consumption
of
beer,
spirits,
or
wine
2
on
the
premises
and
that
the
authorized
nonprofit
entity
has
3
entered
into
an
agreement
with
the
licensee
or
permittee
of
4
the
licensed
premises
allowing
the
charity
beer,
spirits,
and
5
wine
event
to
be
conducted
on
the
premises
and
providing
for
6
reimbursing
the
licensee
or
permittee
for
the
beer,
spirits,
7
and
wine
consumed
at
the
event.
The
bill
requires
proceeds
8
from
the
event
to
be
expended
for
charitable
purposes
and
9
allows
only
two
charity
beer,
spirits,
and
wine
event
permits
10
during
a
calendar
year
with
each
charity
beer,
spirits,
11
and
wine
event
permit
valid
for
a
period
not
to
exceed
36
12
consecutive
hours.
The
bill
requires
the
authorized
nonprofit
13
entity
to
obtain
the
beer,
spirits,
and
wine
to
be
sold
for
14
consumption
on
the
premises
of
the
charity
beer,
spirits,
and
15
wine
event
from
the
applicable
licensee
or
permittee
for
the
16
premises.
The
bill
also
provides
that
any
violation
of
the
17
requirements
of
Code
chapter
123
or
the
rules
adopted
pursuant
18
shall
subject
the
permit
holder
to
the
general
penalties
19
provided
in
Code
chapter
123
and
shall
constitute
grounds
for
20
imposition
of
a
civil
penalty,
suspension
of
the
permit,
or
21
revocation
of
the
permit.
22
-3-
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6325HV
(1)
88
ec/rn
3/
3