House
Study
Bill
649
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
LUNDGREN)
A
BILL
FOR
An
Act
relating
to
alcoholic
beverage
control
concerning
the
1
sale
of
beer
and
liquor
for
resale.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5748YC
(2)
89
ec/rn
H.F.
_____
Section
1.
Section
123.22,
subsection
1,
Code
2022,
is
1
amended
to
read
as
follows:
2
1.
The
division
has
the
exclusive
right
of
importation
3
into
the
state
of
all
forms
of
alcoholic
liquor,
except
as
4
otherwise
provided
in
this
chapter
,
and
a
person
shall
not
5
import
alcoholic
liquor,
except
that
an
individual
of
legal
age
6
may
import
and
have
in
the
individual’s
possession
an
amount
of
7
alcoholic
liquor
not
exceeding
nine
liters
per
calendar
month
8
that
the
individual
personally
obtained
outside
the
state.
9
Alcoholic
liquor
imported
by
an
individual
pursuant
to
this
10
subsection
shall
be
for
personal
consumption
only
in
a
private
11
home
or
other
private
accommodation.
A
distillery
shall
not
12
sell
alcoholic
liquor
within
the
state
to
any
person
but
only
13
to
the
division,
except
as
otherwise
provided
in
this
chapter
.
14
This
section
vests
in
the
division
exclusive
control
within
the
15
state
as
purchaser
of
all
alcoholic
liquor
sold
by
distilleries
16
within
the
state
or
imported,
except
beer
and
wine,
and
except
17
as
otherwise
provided
in
this
chapter
.
The
division
shall
18
receive
alcoholic
liquor
on
a
bailment
system
for
resale
by
the
19
division
in
the
manner
set
forth
in
this
chapter
.
The
division
20
shall
act
as
the
sole
wholesaler
of
alcoholic
liquor
to
class
21
“E”
liquor
control
licensees.
22
Sec.
2.
Section
123.30,
subsection
3,
paragraphs
a
and
b,
23
Code
2022,
are
amended
to
read
as
follows:
24
a.
Class
“A”.
A
class
“A”
liquor
control
license
may
be
25
issued
to
a
club
and
shall
authorize
the
holder
to
purchase
26
alcoholic
liquors
in
original
unopened
containers
from
class
27
“E”
liquor
control
licensees
or
the
division
only,
wine
from
28
class
“A”
wine
permittees
or
class
“B”
wine
permittees
who
also
29
hold
class
“E”
liquor
control
licenses
only
as
provided
in
30
sections
123.173
and
123.177
,
and
to
sell
alcoholic
beverages
31
to
bona
fide
members
and
their
guests
by
the
individual
drink
32
for
consumption
on
the
premises
only.
33
b.
Class
“B”.
A
class
“B”
liquor
control
license
may
be
34
issued
to
a
hotel
or
motel
and
shall
authorize
the
holder
to
35
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_____
purchase
alcoholic
liquors
in
original
unopened
containers
from
1
class
“E”
liquor
control
licensees
or
the
division
only,
wine
2
from
class
“A”
wine
permittees
or
class
“B”
wine
permittees
who
3
also
hold
class
“E”
liquor
control
licenses
only
as
provided
in
4
sections
123.173
and
123.177
,
and
to
sell
alcoholic
beverages
5
to
patrons
by
the
individual
drink
for
consumption
on
the
6
premises
only.
However,
beer
may
also
be
sold
for
consumption
7
off
the
premises.
Each
license
shall
be
effective
throughout
8
the
premises
described
in
the
application.
9
Sec.
3.
Section
123.30,
subsection
3,
paragraph
c,
10
subparagraphs
(1)
and
(2),
Code
2022,
are
amended
to
read
as
11
follows:
12
(1)
A
class
“C”
liquor
control
license
may
be
issued
to
13
a
commercial
establishment
but
must
be
issued
in
the
name
of
14
the
individuals
who
actually
own
the
entire
business
and
shall
15
authorize
the
holder
to
purchase
alcoholic
liquors
in
original
16
unopened
containers
from
class
“E”
liquor
control
licensees
or
17
the
division
only,
wine
from
class
“A”
wine
permittees
or
class
18
“B”
wine
permittees
who
also
hold
class
“E”
liquor
control
19
licenses
only
as
provided
in
sections
123.173
and
123.177
,
beer
20
from
a
class
“A”
beer
permittee
or
a
class
“C”
beer
permittee
21
who
also
holds
a
class
“E”
liquor
control
license
as
provided
22
in
section
123.132,
and
to
sell
alcoholic
beverages
to
patrons
23
by
the
individual
drink
for
consumption
on
the
premises
only.
24
However,
alcoholic
liquor,
wine,
and
beer
in
original
unopened
25
containers
may
also
be
sold
for
consumption
off
the
premises.
26
In
addition,
mixed
drinks
or
cocktails
may
also
be
sold
for
27
consumption
off
the
premises
subject
to
the
requirements
of
28
section
123.49,
subsection
2
,
paragraph
“d”
.
The
holder
of
a
29
class
“C”
liquor
control
license
may
also
hold
a
special
class
30
“A”
beer
permit
for
the
premises
licensed
under
a
class
“C”
31
liquor
control
license
for
the
purpose
of
operating
a
brewpub
32
pursuant
to
this
chapter
.
33
(2)
A
special
class
“C”
liquor
control
license
may
be
issued
34
to
a
commercial
establishment
and
shall
authorize
the
holder
35
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_____
to
purchase
wine
from
class
“A”
wine
permittees
or
class
“B”
1
wine
permittees
who
also
hold
class
“E”
liquor
control
licenses
2
only
as
provided
in
sections
123.173
and
123.177
,
beer
from
a
3
class
“A”
beer
permittee
or
a
class
“C”
beer
permittee
who
also
4
holds
a
class
“E”
liquor
control
license
as
provided
in
section
5
123.132,
and
to
sell
wine
and
beer
to
patrons
by
the
individual
6
drink
for
consumption
on
the
premises
only.
However,
beer
may
7
also
be
sold
for
consumption
off
the
premises.
The
license
8
issued
to
holders
of
a
special
class
“C”
liquor
control
license
9
shall
clearly
state
on
its
face
that
the
license
is
limited.
10
Sec.
4.
Section
123.131,
subsection
1,
Code
2022,
is
amended
11
to
read
as
follows:
12
1.
Subject
to
the
provisions
of
this
chapter
,
any
person
13
holding
a
class
“B”
beer
permit
shall
be
authorized
to
sell
14
beer
for
consumption
on
or
off
the
premises.
A
holder
of
15
a
class
“B”
beer
permit
shall
be
authorized
to
purchase
16
beer
from
a
class
“A”
beer
permittee
or
a
class
“C”
beer
17
permittee
who
also
holds
a
class
“E”
liquor
control
license
as
18
provided
in
section
123.132.
Sales
of
beer
for
consumption
19
off
the
premises
made
pursuant
to
this
section
shall
be
made
20
in
original
containers
except
as
provided
in
subsection
2
.
21
However,
unless
otherwise
provided
in
this
chapter
,
no
sale
22
of
beer
shall
be
made
for
consumption
on
the
premises
unless
23
the
place
where
such
service
is
made
is
equipped
with
tables
24
and
seats
sufficient
to
accommodate
not
less
than
twenty-five
25
persons
at
one
time.
26
Sec.
5.
Section
123.132,
subsection
4,
Code
2022,
is
amended
27
to
read
as
follows:
28
4.
The
holder
of
a
class
“C”
beer
permit
or
the
permittee’s
29
agents
or
employees
shall
not
sell
beer
to
other
retail
license
30
or
permit
holders
knowing
or
having
reasonable
cause
to
believe
31
that
the
beer
will
be
resold
in
another
licensed
establishment.
32
However,
a
holder
of
a
class
“C”
beer
permit
who
also
holds
a
33
class
“E”
liquor
control
license
may
sell
beer
to
class
“B”
34
permittees,
and
class
“C”
and
special
class
“C”
liquor
control
35
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5748YC
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4
H.F.
_____
licensees,
for
resale
for
consumption
on
the
premises.
Beer
1
sales
shall
be
in
quantities
in
a
twenty-four-hour
period
as
2
determined
by
the
division.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
concerns
alcoholic
beverage
control
relating
7
to
the
sale
of
alcoholic
liquor
by
the
alcoholic
beverages
8
division
of
the
department
of
commerce
and
the
sale
of
beer
for
9
resale
by
a
class
“C”
beer
permittee
who
also
holds
a
class
“E”
10
liquor
control
license.
11
Code
section
123.22,
concerning
the
state
monopoly
regarding
12
alcoholic
liquor,
is
amended
to
allow
the
alcoholic
beverages
13
division
to
be
the
sole
wholesaler
of
alcoholic
liquor
to
all
14
liquor
control
licensees,
not
just
class
“E”
liquor
control
15
licensees.
Code
section
123.30,
concerning
liquor
control
16
licenses,
is
amended
to
allow
this
purchase
of
alcoholic
liquor
17
from
the
alcoholic
beverages
division.
18
Code
section
123.132,
concerning
the
authority
of
a
class
19
“C”
beer
permit,
is
amended
to
allow
a
holder
of
a
class
“C”
20
beer
permit
who
also
holds
a
class
“E”
liquor
control
license
21
to
sell
beer
to
class
“B”
permittees,
and
class
“C”
and
special
22
class
“C”
liquor
control
licensees,
for
resale
for
consumption
23
on
the
premises
in
such
quantities
in
a
24-hour
period
as
the
24
alcoholic
beverages
division
determines.
Code
section
123.30,
25
concerning
class
“C”
and
special
class
“C”
liquor
control
26
licensees,
and
Code
section
123.131,
concerning
class
“B”
beer
27
permittees,
are
amended
to
allow
for
the
purchase
of
beer
from
28
a
holder
of
a
class
“C”
beer
permit
who
also
holds
a
class
“E”
29
liquor
control
license.
30
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