House File 766 - Introduced HOUSE FILE 766 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 214) A BILL FOR An Act relating to the delivery of alcoholic beverages by 1 retailers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2423HV (2) 89 je/rn
H.F. 766 Section 1. Section 123.46A, subsection 2, paragraph g, Code 1 2021, is amended to read as follows: 2 g. Delivery of alcoholic liquor, wine, or beer shall be made 3 by the licensee or permittee, or the licensee’s or permittee’s 4 employee, and not by or a third party , provided the licensee or 5 permittee has entered into a written agreement with the third 6 party that authorizes the third party to act as an agent of the 7 licensee or permittee for the purpose of delivering alcoholic 8 liquor, wine, or beer . Each licensee or permittee shall submit 9 to the division electronically, or in a manner prescribed by 10 the administrator, a list of names and addresses of all third 11 parties it has authorized to act as its agent for the purpose 12 of delivering alcoholic liquor, wine, or beer. The licensee 13 or permittee shall provide the division with amendments to the 14 list as necessary to ensure the division possesses an accurate, 15 current list. 16 Sec. 2. Section 123.46A, subsection 2, paragraph i, Code 17 2021, is amended by striking the paragraph. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill authorizes the delivery of alcoholic liquor, 22 wine, or beer by a person other than a licensee or permittee 23 or an employee thereof, provided the licensee or permittee has 24 entered into a written agreement with the third party that 25 authorizes the third party to act as an agent of the licensee 26 or permittee for the purpose of delivering alcoholic liquor, 27 wine, or beer. The bill requires each licensee or permittee to 28 submit to the alcoholic beverages division of the department 29 of commerce a list of names and addresses of all third parties 30 it has authorized to act as its agent for the purpose of 31 delivering alcoholic liquor, wine, or beer and to update the 32 list as necessary. Under current law, third parties cannot 33 make such deliveries for a licensee or permittee. 34 The bill strikes a requirement that deliveries of alcoholic 35 -1- LSB 2423HV (2) 89 je/rn 1/ 2
H.F. 766 liquor, wine, or beer be made in a vehicle owned, leased, or 1 under the control of the licensee or permittee. 2 -2- LSB 2423HV (2) 89 je/rn 2/ 2