Senate
File
2374
-
Introduced
SENATE
FILE
2374
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SF
2350)
(SUCCESSOR
TO
SSB
3140)
A
BILL
FOR
An
Act
relating
to
alcoholic
beverage
control
and
licensing,
1
providing
for
fees,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5045SZ
(3)
89
ec/rn
S.F.
2374
DIVISION
I
1
RETAIL
ALCOHOL
LICENSES
2
Section
1.
Section
123.30,
Code
2022,
is
amended
by
striking
3
the
section
and
inserting
in
lieu
thereof
the
following:
4
123.30
Retail
alcohol
licenses
——
classes.
5
1.
a.
A
retail
alcohol
license
may
be
issued
to
any
person
6
who
is
of
good
moral
character
as
defined
by
this
chapter.
7
b.
As
a
condition
for
issuance
of
a
retail
alcohol
license
8
or
wine
or
beer
permit,
the
applicant
must
give
consent
9
to
members
of
the
fire,
police,
and
health
departments
and
10
the
building
inspector
of
cities;
the
county
sheriff
or
11
deputy
sheriff;
members
of
the
department
of
public
safety;
12
representatives
of
the
division
and
of
the
department
of
13
inspections
and
appeals;
certified
police
officers;
and
14
any
official
county
health
officer
to
enter
upon
areas
of
15
the
premises
where
alcoholic
beverages
are
stored,
served,
16
or
sold,
without
a
warrant
during
business
hours
of
the
17
licensee
or
permittee
to
inspect
for
violations
of
this
18
chapter
or
ordinances
and
regulations
that
cities
and
boards
19
of
supervisors
may
adopt.
However,
a
subpoena
issued
under
20
section
421.17
or
a
warrant
is
required
for
inspection
of
21
private
records,
a
private
business
office,
or
attached
living
22
quarters.
Persons
who
are
not
certified
peace
officers
shall
23
limit
the
scope
of
their
inspections
of
licensed
premises
24
to
the
regulatory
authority
under
which
the
inspection
is
25
conducted.
All
persons
who
enter
upon
a
licensed
premises
to
26
conduct
an
inspection
shall
present
appropriate
identification
27
to
the
owner
of
the
establishment
or
the
person
who
appears
28
to
be
in
charge
of
the
establishment
prior
to
commencing
29
an
inspection;
however,
this
provision
does
not
apply
to
30
undercover
criminal
investigations
conducted
by
peace
officers.
31
c.
As
a
further
condition
for
the
issuance
of
a
class
“E”
32
retail
alcohol
license,
the
applicant
shall
post
a
bond
in
33
a
sum
of
not
less
than
five
thousand
nor
more
than
fifteen
34
thousand
dollars
as
determined
on
a
sliding
scale
established
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2374
by
the
division;
however,
a
bond
shall
not
be
required
if
all
1
purchases
of
alcoholic
liquor
from
the
division
by
the
licensee
2
are
made
by
means
that
ensure
that
the
division
will
receive
3
full
payment
in
advance
of
delivery
of
the
alcoholic
liquor.
4
d.
A
class
“E”
retail
alcohol
license
may
be
issued
to
a
5
city
council
for
premises
located
within
the
limits
of
the
city
6
if
there
are
no
class
“E”
retail
alcohol
licensees
operating
7
within
the
limits
of
the
city
and
no
other
applications
for
a
8
class
“E”
license
for
premises
located
within
the
limits
of
9
the
city
at
the
time
the
city
council’s
application
is
filed.
10
If
a
class
“E”
retail
alcohol
license
is
subsequently
issued
11
to
a
private
person
for
premises
located
within
the
limits
of
12
the
city,
the
city
council
shall
surrender
its
license
to
the
13
division
within
one
year
of
the
date
that
the
class
“E”
retail
14
alcohol
licensee
begins
operating,
liquidate
any
remaining
15
assets
connected
with
the
liquor
store,
and
cease
operating
the
16
liquor
store.
17
2.
A
retail
alcohol
license
shall
not
be
issued
for
premises
18
which
do
not
constitute
a
safe
and
proper
place
or
building
19
and
which
do
not
conform
to
all
applicable
laws,
ordinances,
20
resolutions,
and
health
and
fire
regulations.
A
licensee
21
shall
not
have
or
maintain
any
interior
access
to
residential
22
or
sleeping
quarters
unless
permission
is
granted
by
the
23
administrator
in
the
form
of
a
living
quarters
permit.
24
3.
Retail
alcohol
licenses
issued
under
this
chapter
shall
25
be
of
the
following
classes:
26
a.
Class
“B”.
27
(1)
(a)
A
class
“B”
retail
alcohol
license
may
be
28
issued
and
shall
authorize
the
holder
to
purchase
wine
from
29
a
class
“A”
wine
permittee
only
and
beer
from
a
class
“A”
30
beer
permittee
only,
and
to
sell
wine
and
beer
in
original
31
unopened
containers
at
retail
to
patrons
for
consumption
off
32
the
licensed
premises.
33
(b)
The
holder
of
a
class
“B”
retail
alcohol
license
may
34
sell
wine
to
class
“C”,
special
class
“C”,
class
“D”,
and
class
35
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“F”
retail
alcohol
licensees
for
resale
for
consumption
on
1
the
premises.
Such
wine
sales
shall
be
in
quantities
of
less
2
than
one
case
of
any
wine
brand
but
not
more
than
one
such
3
sale
shall
be
made
to
the
same
retail
alcohol
licensee
in
a
4
twenty-four-hour
period.
5
(c)
The
holder
of
a
class
“B”
retail
alcohol
license
may
6
sell
beer
to
class
“C”,
special
class
“C”,
class
“D”,
and
class
7
“F”
retail
alcohol
licensees
for
resale
for
consumption
on
8
the
premises.
Such
beer
sales
shall
be
in
quantities
of
not
9
more
than
five
cases
of
beer,
high
alcoholic
content
beer,
and
10
canned
cocktails,
but
not
more
than
one
such
sale
shall
be
11
made
to
the
same
retail
alcohol
licensee
in
a
twenty-four-hour
12
period.
A
class
“A”
beer
permittee
shall
be
held
harmless
13
concerning
any
beer
resold
as
authorized
by
this
subparagraph
14
division.
15
(2)
A
special
class
“B”
retail
native
wine
license
shall
16
authorize
the
holder
to
purchase
wine
from
a
native
winery
17
holding
a
class
“A”
wine
permit
and
to
sell
native
wine
only
at
18
retail
for
consumption
off
the
licensed
premises.
19
b.
Class
“C”.
20
(1)
(a)
A
class
“C”
retail
alcohol
license
may
be
issued
to
21
a
commercial
establishment
but
must
be
issued
in
the
name
of
22
the
individuals
who
actually
own
the
entire
business.
23
(b)
The
holder
of
a
class
“C”
retail
alcohol
license
shall
24
be
authorized
to
purchase
alcoholic
beverages
as
follows:
25
(i)
Alcoholic
liquors
in
original
unopened
containers
from
26
class
“E”
retail
alcohol
licensees
only.
27
(ii)
Wine
from
class
“A”
wine
permittees.
28
(iii)
Wine
from
class
“B”
retail
alcohol
licensees
or
class
29
“E”
retail
alcohol
licensees
in
quantities
of
less
than
one
30
case
of
any
wine
brand
in
a
twenty-four-hour
period,
but
not
31
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
32
twenty-four-hour
period.
33
(iv)
Beer
from
class
“A”
beer
permittees.
34
(v)
Beer
from
class
“B”
retail
alcohol
licensees
or
class
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“E”
retail
alcohol
licensees
in
quantities
of
not
more
than
1
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
2
cocktails,
but
not
more
than
one
such
purchase
shall
be
made
by
3
the
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
4
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
5
authorized
by
this
subparagraph
subdivision.
6
(c)
The
holder
of
a
class
“C”
retail
alcohol
license
7
shall
be
authorized
to
sell
alcoholic
beverages
to
patrons
by
8
the
individual
drink
for
consumption
on
the
premises
only.
9
However,
alcoholic
liquor,
wine,
and
beer
in
original
unopened
10
containers
may
also
be
sold
for
consumption
off
the
premises.
11
In
addition,
mixed
drinks
or
cocktails
may
also
be
sold
for
12
consumption
off
the
premises
subject
to
the
requirements
of
13
section
123.49,
subsection
2,
paragraph
“d”
.
14
(d)
The
holder
of
a
class
“C”
retail
alcohol
license
may
15
also
hold
a
special
class
“A”
beer
permit
for
the
premises
16
licensed
under
a
class
“C”
retail
alcohol
license
for
the
17
purpose
of
operating
a
brewpub
pursuant
to
this
chapter.
18
(2)
(a)
A
special
class
“C”
retail
alcohol
license
may
be
19
issued
to
a
commercial
establishment.
20
(b)
The
holder
of
a
special
class
“C”
retail
alcohol
license
21
shall
be
authorized
to
purchase
alcoholic
beverages
as
follows:
22
(i)
Wine
from
class
“A”
wine
permittees.
23
(ii)
Wine
from
class
“B”
retail
alcohol
licensees
or
class
24
“E”
retail
alcohol
licensees
in
quantities
of
less
than
one
25
case
of
any
wine
brand
in
a
twenty-four-hour
period,
but
not
26
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
27
twenty-four-hour
period.
28
(iii)
Beer
from
class
“A”
beer
permittees.
29
(iv)
Beer
from
class
“B”
retail
alcohol
licensees
or
class
30
“E”
retail
alcohol
licensees
in
quantities
of
not
more
than
31
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
32
cocktails,
but
not
more
than
one
such
purchase
shall
be
made
by
33
the
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
34
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
35
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authorized
by
this
subparagraph
subdivision.
1
(c)
The
holder
of
a
special
class
“C”
retail
alcohol
2
license
shall
be
authorized
to
sell
wine
and
beer
to
patrons
3
by
the
individual
drink
for
consumption
on
the
premises
only.
4
However,
wine
and
beer
in
original
unopened
containers
may
also
5
be
sold
for
consumption
off
the
premises.
6
(d)
The
license
issued
to
holders
of
a
special
class
“C”
7
retail
alcohol
license
shall
clearly
state
on
its
face
that
the
8
license
is
limited.
9
c.
Class
“D”.
10
(1)
A
class
“D”
retail
alcohol
license
may
be
issued
11
to
a
railway
corporation,
to
an
air
common
carrier,
and
to
12
passenger-carrying
boats
or
ships
for
hire
with
a
capacity
of
13
twenty-five
persons
or
more
operating
in
inland
or
boundary
14
waters,
and
shall
authorize
the
holder
to
sell
or
furnish
15
alcoholic
beverages
to
passengers
for
consumption
only
on
16
trains,
watercraft
as
described
in
this
section,
or
aircraft,
17
respectively.
Each
license
is
valid
throughout
the
state.
18
Only
one
license
is
required
for
all
trains,
watercraft,
or
19
aircraft
operated
in
the
state
by
the
licensee.
However,
if
a
20
watercraft
is
an
excursion
gambling
boat
licensed
under
chapter
21
99F,
the
owner
shall
obtain
a
separate
class
“D”
retail
alcohol
22
license
for
each
excursion
gambling
boat
operating
in
the
23
waters
of
this
state.
24
(2)
A
class
“D”
retail
alcohol
licensee
who
operates
a
train
25
or
a
watercraft
intrastate
only,
or
an
excursion
gambling
boat
26
licensed
under
chapter
99F,
shall
be
authorized
to
purchase
27
alcoholic
beverages
as
follows:
28
(a)
Alcoholic
liquors
in
original
unopened
containers
from
29
class
“E”
retail
alcohol
licensees
only.
30
(b)
Wine
from
class
“A”
wine
permittees.
31
(c)
Wine
from
class
“B”
retail
alcohol
licensees
or
class
32
“E”
retail
alcohol
licensees
in
quantities
of
less
than
one
33
case
of
any
wine
brand
in
a
twenty-four-hour
period,
but
not
34
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
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twenty-four-hour
period.
1
(d)
Beer
from
class
“A”
beer
permittees.
2
(e)
Beer
from
class
“B”
retail
alcohol
licensees
or
class
3
“E”
retail
alcohol
licensees
in
quantities
of
not
more
than
4
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
5
cocktails,
but
not
more
than
one
such
purchase
shall
be
made
by
6
the
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
7
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
8
authorized
by
this
subparagraph
division.
9
d.
Class
“E”.
10
(1)
A
class
“E”
retail
alcohol
license
may
be
issued
and
11
shall
authorize
the
holder
to
purchase
alcoholic
liquor
in
12
original
unopened
containers
from
the
division
only,
wine
13
from
a
class
“A”
wine
permittee
only,
and
beer
from
a
class
14
“A”
beer
permittee
only;
to
sell
alcoholic
liquor,
wine,
and
15
beer
in
original
unopened
containers
at
retail
to
patrons
for
16
consumption
off
the
licensed
premises;
and
to
sell
alcoholic
17
liquor
and
high
alcoholic
content
beer
at
wholesale
to
other
18
retail
alcohol
licensees,
provided
the
holder
has
filed
with
19
the
division
a
basic
permit
issued
by
the
alcohol
and
tobacco
20
tax
and
trade
bureau
of
the
United
States
department
of
the
21
treasury.
22
(2)
A
holder
of
a
class
“E”
retail
alcohol
license
may
hold
23
other
retail
alcohol
licenses,
but
the
premises
licensed
under
24
a
class
“E”
retail
alcohol
license
shall
be
separate
from
other
25
licensed
premises,
though
the
separate
premises
may
have
a
26
common
entrance.
27
(3)
The
holder
of
a
class
“E”
retail
alcohol
license
may
28
sell
wine
to
class
“C”,
special
class
“C”,
class
“D”,
and
class
29
“F”
retail
alcohol
licensees
for
resale
for
consumption
on
30
the
premises.
Such
wine
sales
shall
be
in
quantities
of
less
31
than
one
case
of
any
wine
brand
but
not
more
than
one
such
32
sale
shall
be
made
to
the
same
retail
alcohol
licensee
in
a
33
twenty-four-hour
period.
34
(4)
The
holder
of
a
class
“E”
retail
alcohol
license
may
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sell
beer
to
class
“C”,
special
class
“C”,
class
“D”,
and
class
1
“F”
retail
alcohol
licensees
for
resale
for
consumption
on
2
the
premises.
Such
beer
sales
shall
be
in
quantities
of
not
3
more
than
five
cases
of
beer,
high
alcoholic
content
beer,
and
4
canned
cocktails,
but
not
more
than
one
such
sale
shall
be
5
made
to
the
same
retail
alcohol
licensee
in
a
twenty-four-hour
6
period.
A
class
“A”
beer
permittee
shall
be
held
harmless
7
concerning
any
beer
resold
as
authorized
by
this
subparagraph.
8
(5)
The
division
may
issue
a
class
“E”
retail
alcohol
9
license
for
premises
covered
by
a
retail
alcohol
license
10
for
on-premises
consumption
under
any
of
the
following
11
circumstances:
12
(a)
If
the
premises
are
in
a
county
having
a
population
13
under
nine
thousand
five
hundred
in
which
no
other
class
“E”
14
retail
alcohol
license
has
been
issued
by
the
division,
and
no
15
other
application
for
a
class
“E”
retail
alcohol
license
has
16
been
made
within
the
previous
twelve
consecutive
months.
17
(b)
If,
notwithstanding
any
provision
of
this
chapter
to
the
18
contrary,
the
premises
covered
by
a
retail
alcohol
license
is
a
19
grocery
store
that
is
at
least
five
thousand
square
feet.
20
e.
Class
“F”.
21
(1)
A
class
“F”
retail
alcohol
license
may
be
issued
to
a
22
club
and
shall
authorize
the
holder
to
sell
alcoholic
beverages
23
to
bona
fide
members
and
their
guests
by
the
individual
drink
24
for
consumption
on
the
premises
only.
25
(2)
The
holder
of
a
class
“F”
retail
alcohol
license
shall
26
be
authorized
to
purchase
alcoholic
beverages
as
follows:
27
(a)
Alcoholic
liquors
in
original
unopened
containers
from
28
class
“E”
retail
alcohol
licensees
only.
29
(b)
Wine
from
class
“A”
wine
permittees.
30
(c)
Wine
from
class
“B”
retail
alcohol
licensees
or
class
31
“E”
retail
alcohol
licensees
in
quantities
of
less
than
one
32
case
of
any
wine
brand
in
a
twenty-four—hour
period,
but
not
33
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
34
twenty-four-hour
period.
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(d)
Beer
from
class
“A”
beer
permittees.
1
(e)
Beer
from
class
“B”
retail
alcohol
licensees
or
class
2
“E”
retail
alcohol
licensees
in
quantities
of
not
more
than
3
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
4
cocktails,
but
not
more
than
one
such
purchase
shall
be
made
by
5
the
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
6
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
7
authorized
by
this
subparagraph
division.
8
4.
Notwithstanding
any
provision
of
this
chapter
to
the
9
contrary,
a
person
holding
a
retail
alcohol
license
to
sell
10
alcoholic
beverages
for
consumption
on
the
licensed
premises
11
may
permit
a
customer
to
remove
one
unsealed
bottle
of
wine
12
for
consumption
off
the
premises
if
the
customer
has
purchased
13
and
consumed
a
portion
of
the
bottle
of
wine
on
the
licensed
14
premises.
The
licensee
or
the
licensee’s
agent
shall
securely
15
reseal
such
bottle
in
a
bag
designed
so
that
it
is
visibly
16
apparent
that
the
resealed
bottle
of
wine
has
not
been
tampered
17
with
and
provide
a
dated
receipt
for
the
resealed
bottle
of
18
wine
to
the
customer.
A
wine
bottle
resealed
pursuant
to
the
19
requirements
of
this
subsection
is
subject
to
the
requirements
20
of
sections
321.284
and
321.284A.
A
person
holding
a
retail
21
alcohol
license
to
sell
alcoholic
beverages
for
consumption
on
22
the
licensed
premises
may
permit
a
customer
to
carry
an
open
23
container
of
wine
from
the
person’s
licensed
premises
into
24
another
immediately
adjacent
licensed
premises
that
is
covered
25
by
a
license
or
permit
that
authorizes
the
consumption
of
wine,
26
a
temporarily
closed
public
right-of-way,
or
a
private
place.
27
Sec.
2.
Section
123.31,
Code
2022,
is
amended
by
striking
28
the
section
and
inserting
in
lieu
thereof
the
following:
29
123.31
Retail
alcohol
licenses
——
application.
30
1.
A
person
applying
for
a
retail
alcohol
license
shall
31
submit
a
completed
application
electronically,
or
in
a
manner
32
prescribed
by
the
administrator,
which
shall
set
forth
under
33
oath
the
following:
34
a.
The
name
and
place
of
residence
of
the
applicant.
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b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
1
a
corporation,
limited
liability
company,
or
any
other
similar
2
legal
entity,
the
officers,
directors,
and
persons
owning
or
3
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
4
having
a
financial
interest,
by
way
of
loan,
ownership,
or
5
otherwise,
in
the
business.
6
c.
The
location
of
the
premises
where
the
applicant
intends
7
to
operate.
8
d.
The
name
of
the
owner
of
the
premises
and
if
the
owner
of
9
the
premises
is
not
the
applicant,
whether
the
applicant
is
the
10
actual
lessee
of
the
premises.
11
e.
When
required
by
the
administrator,
and
in
such
form
and
12
containing
such
information
as
the
administrator
may
require,
13
a
description
of
the
premises
where
the
applicant
intends
to
14
use
the
license,
to
include
a
sketch
or
drawing
of
the
premises
15
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
16
space
which
comprises
the
retail
sales
area
of
the
premises.
17
f.
Whether
any
person
specified
in
paragraph
“b”
has
ever
18
been
convicted
of
any
offense
against
the
laws
of
the
United
19
States,
or
any
state
or
territory
thereof,
or
any
political
20
subdivision
of
any
such
state
or
territory.
21
g.
Any
other
information
as
required
by
the
administrator.
22
2.
The
retail
alcohol
license
shall
only
be
issued
to
an
23
applicant
who
establishes
all
of
the
following:
24
a.
That
the
applicant
has
submitted
a
completed
application
25
as
required
by
subsection
1.
26
b.
That
the
applicant
is
a
person
of
good
moral
character
as
27
provided
in
section
123.3,
subsection
40.
28
c.
That
the
applicant
is
a
citizen
of
the
state
of
Iowa
29
or,
if
a
corporation,
that
the
applicant
is
authorized
to
do
30
business
in
the
state.
31
d.
That
the
premises
where
the
applicant
intends
to
use
the
32
license
conforms
to
all
applicable
laws,
health
regulations,
33
and
fire
regulations,
and
constitutes
a
safe
and
proper
place
34
or
building
and
that
the
applicant
shall
not
have
or
maintain
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any
interior
access
to
residential
or
sleeping
quarters
unless
1
permission
is
granted
by
the
administrator
in
the
form
of
a
2
living
quarters
permit.
3
e.
That
the
applicant
gives
consent
to
a
person,
pursuant
4
to
section
123.30,
subsection
1,
to
enter
upon
the
premises
5
without
a
warrant
during
the
business
hours
of
the
applicant
6
to
inspect
for
violations
of
the
provisions
of
this
chapter
or
7
ordinances
and
regulations
that
local
authorities
may
adopt.
8
Sec.
3.
NEW
SECTION
.
123.31A
Authority
under
class
“B”,
9
class
“C”,
special
class
“C”,
and
class
“E”
retail
alcohol
10
license.
11
1.
The
holder
of
a
class
“B”,
class
“C”,
special
class
“C”,
12
or
class
“E”
retail
alcohol
license
shall
be
allowed
to
sell
13
beer
and
wine
to
consumers
at
retail
for
consumption
off
the
14
premises.
The
sales
made
pursuant
to
this
section
shall
be
15
made
in
original
containers
except
as
provided
in
subsection
3.
16
2.
Every
person
holding
a
class
“B”,
class
“C”,
special
17
class
“C”,
or
class
“E”
retail
alcohol
license
having
more
18
than
one
place
of
business
where
beer
and
wine
is
sold
which
19
places
do
not
constitute
a
single
premises
within
the
meaning
20
of
section
123.3,
subsection
29,
shall
be
required
to
have
a
21
separate
license
for
each
separate
place
of
business,
except
as
22
otherwise
provided
by
this
chapter.
23
3.
Subject
to
the
rules
of
the
division,
sales
made
pursuant
24
to
this
section
may
be
made
in
a
container
other
than
the
25
original
container
only
if
all
of
the
following
requirements
26
are
met:
27
a.
The
beer
or
wine
is
transferred
from
the
original
28
container
to
the
container
to
be
sold
on
the
licensed
premises
29
at
the
time
of
sale.
30
b.
The
person
transferring
the
beer
or
wine
from
the
31
original
container
to
the
container
to
be
sold
shall
be
32
eighteen
years
of
age
or
older.
33
c.
The
container
to
be
sold
shall
be
no
larger
than
34
seventy-two
ounces.
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d.
The
container
to
be
sold
shall
be
securely
sealed
by
1
a
method
authorized
by
the
division
that
is
designed
so
that
2
if
the
sealed
container
is
reopened
or
the
seal
tampered
with,
3
it
is
visibly
apparent
that
the
seal
on
the
container
of
beer
4
or
wine
has
been
tampered
with
or
the
sealed
container
has
5
otherwise
been
reopened.
6
4.
A
container
of
beer
or
wine
other
than
the
original
7
container
that
is
sold
and
sealed
in
compliance
with
the
8
requirements
of
subsection
3
and
the
division’s
rules
shall
9
not
be
deemed
an
open
container
subject
to
the
requirements
10
of
sections
321.284
and
321.284A
if
the
sealed
container
is
11
unopened
and
the
seal
has
not
been
tampered
with,
and
the
12
contents
of
the
container
have
not
been
partially
removed.
13
5.
a.
The
holder
of
a
class
“C”
or
special
class
“C”
retail
14
alcohol
license,
or
the
licensee’s
agents
or
employees,
shall
15
not
sell
beer
or
wine
to
other
retail
alcohol
license
holders
16
knowing
or
having
reasonable
cause
to
believe
that
the
beer
17
will
be
resold
in
another
licensed
establishment.
18
b.
A
holder
of
any
retail
alcohol
permit
shall
not
sell
wine
19
except
wine
which
is
purchased
from
a
person
holding
a
class
20
“A”
wine
permit
and
on
which
the
tax
imposed
by
section
123.183
21
has
been
paid.
22
Sec.
4.
NEW
SECTION
.
123.31B
Authority
under
special
class
23
“B”
retail
native
wine
license.
24
1.
A
person
holding
a
special
class
“B”
retail
native
wine
25
license
may
sell
native
wine
only
at
retail
for
consumption
off
26
the
premises.
Native
wine
shall
be
sold
for
consumption
off
27
the
premises
in
original
containers.
28
2.
A
special
class
“B”
retail
native
wine
licensee
having
29
more
than
one
place
of
business
where
wine
is
sold
shall
obtain
30
a
separate
license
for
each
place
of
business.
31
Sec.
5.
REPEAL.
Sections
123.128,
123.129,
123.131,
32
123.132,
123.140,
123.178,
123.178A,
and
123.178B,
Code
2022,
33
are
repealed.
34
Sec.
6.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
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effect
January
1,
2023.
1
DIVISION
II
2
ALCOHOLIC
BEVERAGE
CONTROL
FEES
3
Sec.
7.
Section
123.23,
subsection
1,
Code
2022,
is
amended
4
to
read
as
follows:
5
1.
Any
manufacturer,
distiller,
or
importer
of
alcoholic
6
liquors
shipping,
selling,
or
having
alcoholic
liquors
brought
7
into
this
state
for
resale
by
the
state
shall,
as
a
condition
8
precedent
to
the
privilege
of
so
trafficking
in
alcoholic
9
liquors
in
this
state,
annually
make
application
for
and
hold
10
a
distiller’s
certificate
of
compliance
which
shall
be
issued
11
by
the
administrator
for
that
purpose.
No
brand
of
alcoholic
12
liquor
shall
be
sold
by
the
division
in
this
state
unless
13
the
manufacturer,
distiller,
importer,
and
all
other
persons
14
participating
in
the
distribution
of
that
brand
in
this
state
15
have
obtained
a
certificate.
The
certificate
of
compliance
16
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
17
and
shall
be
renewed
for
a
like
period
upon
application
to
the
18
administrator
unless
otherwise
suspended
or
revoked
for
cause.
19
Each
completed
application
for
a
certificate
of
compliance
20
or
renewal
shall
be
submitted
electronically,
or
in
a
manner
21
prescribed
by
the
administrator,
and
shall
be
accompanied
by
22
a
fee
of
fifty
two
hundred
dollars
payable
to
the
division.
23
However,
this
subsection
need
not
apply
to
a
manufacturer,
24
distiller,
or
importer
who
ships
or
sells
in
this
state
no
more
25
than
eleven
gallons
or
its
case
equivalent
during
any
fiscal
26
year
as
a
result
of
“special
orders”
which
might
be
placed,
27
as
defined
and
allowed
by
divisional
rules
adopted
under
this
28
chapter
.
29
Sec.
8.
Section
123.36,
Code
2022,
is
amended
by
striking
30
the
section
and
inserting
in
lieu
thereof
the
following:
31
123.36
Retail
alcohol
license
fees.
32
1.
The
following
fees
shall
be
paid
to
the
division
annually
33
for
retail
alcohol
licenses
issued
under
section
123.30:
34
a.
Class
“B”
retail
alcohol
license
fees
shall
be
determined
35
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as
follows:
1
(1)
For
premises
located
within
the
corporate
limits
of
a
2
city
with
a
population
of
two
thousand
five
hundred
or
less,
a
3
fee
determined
as
follows:
4
(a)
For
a
premises
with
a
square
footage
of
one
thousand
5
five
hundred
or
less,
seventy-five
dollars.
6
(b)
For
a
premises
with
a
square
footage
of
more
than
one
7
thousand
five
hundred
but
not
more
than
two
thousand,
one
8
hundred
fifty
dollars.
9
(c)
For
a
premises
with
a
square
footage
of
more
than
two
10
thousand
but
not
more
than
five
thousand,
two
hundred
fifty
11
dollars.
12
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
13
three
hundred
fifty
dollars.
14
(2)
For
premises
located
within
the
corporate
limits
of
a
15
city
with
a
population
of
more
than
two
thousand
five
hundred
16
but
less
than
fifteen
thousand,
a
fee
determined
as
follows:
17
(a)
For
a
premises
with
a
square
footage
of
one
thousand
18
five
hundred
or
less,
one
hundred
fifty
dollars.
19
(b)
For
a
premises
with
a
square
footage
of
more
than
one
20
thousand
five
hundred
but
not
more
than
two
thousand,
two
21
hundred
fifty
dollars.
22
(c)
For
a
premises
with
a
square
footage
of
more
than
two
23
thousand
but
not
more
than
five
thousand,
three
hundred
fifty
24
dollars.
25
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
26
five
hundred
dollars.
27
(3)
For
premises
located
within
the
corporate
limits
of
28
a
city
with
a
population
of
fifteen
thousand
or
more,
a
fee
29
determined
as
follows:
30
(a)
For
a
premises
with
a
square
footage
of
one
thousand
31
five
hundred
or
less,
two
hundred
fifty
dollars.
32
(b)
For
a
premises
with
a
square
footage
of
more
than
one
33
thousand
five
hundred
but
not
more
than
two
thousand,
three
34
hundred
fifty
dollars.
35
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(c)
For
a
premises
with
a
square
footage
of
more
than
two
1
thousand
but
not
more
than
five
thousand,
five
hundred
dollars.
2
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
3
seven
hundred
fifty
dollars.
4
(4)
For
premises
located
outside
the
corporate
limits
of
5
any
city,
a
fee
equal
to
that
charged
to
a
premises
with
the
6
same
square
footage
in
the
incorporated
city
located
nearest
7
the
premises
to
be
licensed.
If
there
is
doubt
as
to
which
8
of
two
or
more
differing
corporate
limits
is
the
nearest,
the
9
license
fee
which
is
the
largest
shall
prevail.
However,
if
10
the
premises
is
located
in
an
unincorporated
town,
for
purposes
11
of
this
paragraph,
the
unincorporated
town
shall
be
treated
as
12
if
it
is
a
city.
13
b.
Special
class
“B”
retail
native
wine
license
fees
shall
14
be
one
hundred
twenty-five
dollars.
15
c.
Class
“C”
retail
alcohol
license
fees
shall
be
determined
16
as
follows:
17
(1)
Commercial
establishments
located
within
the
corporate
18
limits
of
cities
of
two
thousand
five
hundred
population
or
19
less,
five
hundred
fifty
dollars.
20
(2)
Commercial
establishments
located
within
the
corporate
21
limits
of
cities
of
over
two
thousand
five
hundred
and
less
22
than
fifteen
thousand
population,
nine
hundred
dollars.
23
(3)
Commercial
establishments
located
within
the
corporate
24
limits
of
cities
of
fifteen
thousand
population
and
over,
one
25
thousand
two
hundred
fifty
dollars.
26
(4)
Commercial
establishments
located
outside
the
corporate
27
limits
of
any
city,
a
fee
equal
to
that
charged
in
the
28
incorporated
city
located
nearest
the
premises
to
be
licensed,
29
and
in
case
there
is
doubt
as
to
which
of
two
or
more
differing
30
corporate
limits
is
the
nearest,
the
license
fee
which
is
the
31
largest
shall
prevail.
However,
if
a
commercial
establishment
32
is
located
in
an
unincorporated
town,
for
purposes
of
this
33
paragraph,
the
unincorporated
town
shall
be
treated
as
if
it
34
is
a
city.
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d.
Special
class
“C”
retail
alcohol
license
fees
shall
be
1
determined
as
follows:
2
(1)
Commercial
establishments
located
within
the
corporate
3
limits
of
cities
of
two
thousand
five
hundred
population
or
4
less,
one
hundred
fifty
dollars.
5
(2)
Commercial
establishments
located
within
the
corporate
6
limits
of
cities
of
over
two
thousand
five
hundred
and
less
7
than
fifteen
thousand
population,
three
hundred
dollars.
8
(3)
Commercial
establishments
located
within
the
corporate
9
limits
of
cities
of
fifteen
thousand
population
and
over,
four
10
hundred
fifty
dollars.
11
(4)
Commercial
establishments
located
outside
the
corporate
12
limits
of
any
city,
a
fee
equal
to
that
charged
in
the
13
incorporated
city
located
nearest
the
premises
to
be
licensed,
14
and
in
case
there
is
doubt
as
to
which
of
two
or
more
differing
15
corporate
limits
is
the
nearest,
the
license
fee
which
is
the
16
largest
shall
prevail.
However,
if
a
commercial
establishment
17
is
located
in
an
unincorporated
town,
for
purposes
of
this
18
paragraph,
the
unincorporated
town
shall
be
treated
as
if
it
19
is
a
city.
20
e.
Class
“D”
retail
alcohol
license
fees
shall
be
determined
21
as
follows:
22
(1)
For
watercraft,
one
hundred
fifty
dollars.
23
(2)
For
trains,
five
hundred
dollars.
24
(3)
For
air
common
carriers,
each
company
shall
pay
five
25
hundred
dollars.
26
f.
Class
“E”
retail
alcohol
license
fees
shall
be
determined
27
as
follows:
28
(1)
For
premises
located
within
the
corporate
limits
of
a
29
city
with
a
population
of
two
thousand
five
hundred
or
less,
a
30
fee
determined
as
follows:
31
(a)
For
a
premises
with
a
square
footage
of
one
thousand
32
five
hundred
or
less,
seven
hundred
fifty
dollars.
33
(b)
For
a
premises
with
a
square
footage
of
more
than
one
34
thousand
five
hundred
but
not
more
than
two
thousand,
one
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thousand
five
hundred
dollars.
1
(c)
For
a
premises
with
a
square
footage
of
more
than
two
2
thousand
but
not
more
than
five
thousand,
two
thousand
five
3
hundred
dollars.
4
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
5
three
thousand
five
hundred
dollars.
6
(2)
For
premises
located
within
the
corporate
limits
of
a
7
city
with
a
population
of
more
than
two
thousand
five
hundred
8
but
less
than
fifteen
thousand,
a
fee
determined
as
follows:
9
(a)
For
a
premises
with
a
square
footage
of
one
thousand
10
five
hundred
or
less,
one
thousand
five
hundred
dollars.
11
(b)
For
a
premises
with
a
square
footage
of
more
than
one
12
thousand
five
hundred
but
not
more
than
two
thousand,
two
13
thousand
five
hundred
dollars.
14
(c)
For
a
premises
with
a
square
footage
of
more
than
two
15
thousand
but
not
more
than
five
thousand,
three
thousand
five
16
hundred
dollars.
17
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
18
five
thousand
dollars.
19
(3)
For
premises
located
within
the
corporate
limits
of
20
a
city
with
a
population
of
fifteen
thousand
or
more,
a
fee
21
determined
as
follows:
22
(a)
For
a
premises
with
a
square
footage
of
one
thousand
23
five
hundred
or
less,
two
thousand
five
hundred
dollars.
24
(b)
For
a
premises
with
a
square
footage
of
more
than
one
25
thousand
five
hundred
but
not
more
than
two
thousand,
three
26
thousand
five
hundred
dollars.
27
(c)
For
a
premises
with
a
square
footage
of
more
than
28
two
thousand
but
not
more
than
five
thousand,
five
thousand
29
dollars.
30
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
31
seven
thousand
five
hundred
dollars.
32
(4)
For
premises
located
outside
the
corporate
limits
of
33
any
city,
a
fee
equal
to
that
charged
to
a
premises
with
the
34
same
square
footage
in
the
incorporated
city
located
nearest
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the
premises
to
be
licensed.
If
there
is
doubt
as
to
which
1
of
two
or
more
differing
corporate
limits
is
the
nearest,
the
2
license
fee
which
is
the
largest
shall
prevail.
However,
if
3
the
premises
is
located
in
an
unincorporated
town,
for
purposes
4
of
this
paragraph,
the
unincorporated
town
shall
be
treated
as
5
if
it
is
a
city.
6
g.
Class
“F”
retail
alcohol
license
fees
shall
be
six
7
hundred
dollars,
except
that
for
class
“F”
licenses
in
cities
8
of
less
than
two
thousand
population,
and
for
clubs
of
less
9
than
two
hundred
fifty
members,
the
license
fee
shall
be
four
10
hundred
dollars;
however,
the
fee
shall
be
two
hundred
dollars
11
for
any
club
which
is
a
post,
branch,
or
chapter
of
a
veterans
12
organization
chartered
by
the
Congress
of
the
United
States,
if
13
the
club
does
not
sell
or
permit
the
consumption
of
alcoholic
14
beverages
on
the
premises
more
than
one
day
in
any
week
or
15
more
than
a
total
of
fifty-two
days
in
a
year,
and
if
the
16
application
for
a
license
states
that
the
club
does
not
and
17
will
not
sell
or
permit
the
consumption
of
alcoholic
beverages
18
on
the
premises
more
than
one
day
in
any
week
or
more
than
a
19
total
of
fifty-two
days
in
a
year.
20
2.
The
division
shall
credit
all
fees
to
the
beer
and
liquor
21
control
fund.
The
division
shall
remit
to
the
appropriate
22
local
authority
a
sum
equal
to
sixty-five
percent
of
the
fees
23
collected
for
each
class
“B”,
class
“C”,
or
class
“F”
license
24
except
special
class
“C”
licenses
or
class
“E”
licenses,
25
covering
premises
located
within
the
local
authority’s
26
jurisdiction.
The
division
shall
remit
to
the
appropriate
27
local
authority
a
sum
equal
to
seventy-five
percent
of
the
fees
28
collected
for
each
special
class
“C”
license
covering
premises
29
located
within
the
local
authority’s
jurisdiction.
Those
fees
30
collected
for
each
class
“E”
retail
alcohol
license
shall
be
31
credited
to
the
beer
and
liquor
control
fund.
32
3.
There
is
imposed
a
surcharge
on
the
fee
for
each
class
33
“C”,
special
class
“C”,
or
class
“F”
retail
alcohol
license
34
equal
to
thirty
percent
of
the
scheduled
license
fee.
The
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surcharges
collected
under
this
subsection
shall
be
deposited
1
in
the
beer
and
liquor
control
fund,
and
notwithstanding
2
subsection
2,
no
portion
of
the
surcharges
collected
under
this
3
subsection
shall
be
remitted
to
the
local
authority.
4
Sec.
9.
Section
123.41,
subsection
1,
Code
2022,
is
amended
5
to
read
as
follows:
6
1.
Each
completed
application
to
obtain
or
renew
a
7
manufacturer’s
license
shall
be
submitted
to
the
division
8
electronically,
or
in
a
manner
prescribed
by
the
administrator,
9
and
shall
be
accompanied
by
a
fee
of
three
hundred
fifty
10
dollars
payable
to
the
division.
The
administrator
may
in
11
accordance
with
this
chapter
grant
and
issue
to
a
manufacturer
12
a
manufacturer’s
license,
valid
for
a
one-year
period
after
13
date
of
issuance,
which
shall
allow
the
manufacture,
storage,
14
and
wholesale
disposition
and
sale
of
alcoholic
liquors
to
the
15
division
and
to
customers
outside
of
the
state.
16
Sec.
10.
Section
123.43,
subsection
3,
Code
2022,
is
amended
17
to
read
as
follows:
18
3.
A
class
“A”
native
distilled
spirits
license
for
a
native
19
distillery
shall
be
issued
and
renewed
annually
upon
payment
of
20
a
fee
of
five
three
hundred
dollars.
21
Sec.
11.
Section
123.134,
Code
2022,
is
amended
by
striking
22
the
section
and
inserting
in
lieu
thereof
the
following:
23
123.134
Beer
permit
fees.
24
1.
The
annual
permit
fee
for
a
class
“A”
beer
permit
is
25
seven
hundred
fifty
dollars.
26
2.
The
annual
permit
fee
for
a
class
“A”
beer
permit
for
a
27
native
brewery
is
three
hundred
dollars.
28
3.
The
annual
permit
fee
for
a
special
class
“A”
beer
permit
29
is
three
hundred
dollars.
30
Sec.
12.
Section
123.135,
subsection
1,
Code
2022,
is
31
amended
to
read
as
follows:
32
1.
A
manufacturer,
brewer,
bottler,
importer,
or
vendor
of
33
beer,
or
any
agent
thereof,
desiring
to
ship
or
sell
beer,
or
34
have
beer
brought
into
this
state
for
resale
by
a
class
“A”
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beer
permittee,
shall
first
make
application
for
and
be
issued
1
a
brewer’s
certificate
of
compliance
by
the
administrator
for
2
that
purpose.
The
certificate
of
compliance
expires
at
the
3
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
4
for
a
like
period
upon
application
to
the
administrator
unless
5
otherwise
revoked
for
cause.
Each
completed
application
for
6
a
certificate
of
compliance
or
renewal
of
a
certificate
shall
7
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
8
administrator,
and
shall
be
accompanied
by
a
fee
of
five
two
9
hundred
dollars
payable
to
the
division.
Each
holder
of
a
10
certificate
of
compliance
shall
furnish
the
information
in
a
11
manner
the
administrator
requires.
12
Sec.
13.
Section
123.179,
Code
2022,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
123.179
Wine
permit
and
license
fees.
15
1.
The
annual
permit
fee
for
a
class
“A”
wine
permit
that
16
is
not
issued
to
a
native
wine
manufacturer
is
seven
hundred
17
fifty
dollars.
18
2.
The
annual
permit
fee
for
a
class
“A”
wine
permit
issued
19
to
a
native
wine
manufacturer
is
one
hundred
dollars.
20
3.
The
fee
for
a
charity
beer,
spirits,
and
wine
special
21
event
license
is
one
hundred
dollars.
22
Sec.
14.
Section
123.180,
subsection
1,
Code
2022,
is
23
amended
to
read
as
follows:
24
1.
A
manufacturer,
vintner,
bottler,
importer,
or
vendor
of
25
wine,
or
an
agent
thereof,
desiring
to
ship,
sell,
or
have
wine
26
brought
into
this
state
for
sale
at
wholesale
by
a
class
“A”
27
permittee
shall
first
make
application
for
and
shall
be
issued
28
a
vintner’s
certificate
of
compliance
by
the
administrator
29
for
that
purpose.
The
vintner’s
certificate
of
compliance
30
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
31
and
shall
be
renewed
for
a
like
period
upon
application
to
32
the
administrator
unless
otherwise
revoked
for
cause.
Each
33
completed
application
for
a
vintner’s
certificate
of
compliance
34
or
renewal
of
a
certificate
shall
be
submitted
electronically,
35
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or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
1
accompanied
by
a
fee
of
one
two
hundred
dollars
payable
to
the
2
division.
Each
holder
of
a
vintner’s
certificate
of
compliance
3
shall
furnish
the
information
required
by
the
administrator
in
4
the
form
the
administrator
requires.
A
vintner
or
wine
bottler
5
whose
plant
is
located
in
Iowa
and
who
otherwise
holds
a
class
6
“A”
wine
permit
to
sell
wine
at
wholesale
is
exempt
from
the
7
fee,
but
not
the
other
terms
and
conditions.
The
holder
of
a
8
vintner’s
certificate
of
compliance
may
also
hold
a
class
“A”
9
wine
permit.
10
Sec.
15.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
11
effect
January
1,
2023.
12
DIVISION
III
13
ALCOHOLIC
BEVERAGE
CONTROL
14
Sec.
16.
Section
123.3,
subsections
9,
22,
29,
and
30,
Code
15
2022,
are
amended
to
read
as
follows:
16
9.
“Brewpub”
means
a
commercial
establishment
authorized
to
17
sell
beer
at
retail
for
consumption
on
or
off
the
premises
that
18
is
operated
by
a
person
who
holds
a
class
“C”
liquor
control
or
19
special
class
“C”
retail
alcohol
license
or
a
class
“B”
beer
20
permit
and
who
also
holds
a
special
class
“A”
beer
permit
that
21
authorizes
the
holder
to
manufacture
and
sell
beer
pursuant
to
22
this
chapter
.
23
22.
“High
alcoholic
content
beer”
means
beer
which
contains
24
more
than
six
and
twenty-five
hundredths
percent
of
alcohol
by
25
volume,
but
not
more
than
fifteen
nineteen
percent
of
alcohol
26
by
volume,
that
is
made
by
the
fermentation
of
an
infusion
27
in
potable
water
of
barley,
malt,
and
hops,
with
or
without
28
unmalted
grains
or
decorticated
and
degerminated
grains.
Not
29
more
than
one
and
five-tenths
percent
of
the
volume
of
a
“high
30
alcoholic
content
beer”
may
consist
of
alcohol
derived
from
31
added
flavors
and
other
nonbeverage
ingredients
containing
32
alcohol.
The
added
flavors
and
other
nonbeverage
ingredients
33
may
not
include
added
caffeine
or
other
added
stimulants
34
including
but
not
limited
to
guarana,
ginseng,
and
taurine.
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29.
“Licensed
premises”
or
“premises”
means
all
rooms,
1
enclosures,
contiguous
areas,
or
places
susceptible
of
precise
2
description
satisfactory
to
the
administrator
where
alcoholic
3
beverages,
wine,
or
beer
is
sold
or
consumed
under
authority
of
4
a
liquor
control
retail
alcohol
license,
wine
permit,
or
beer
5
permit.
A
single
licensed
premises
may
consist
of
multiple
6
rooms,
enclosures,
areas,
or
places
if
they
are
wholly
within
7
the
confines
of
a
single
building
or
contiguous
grounds.
8
30.
“Local
authority”
means
the
city
council
of
any
9
incorporated
city
in
this
state,
or
the
county
board
of
10
supervisors
of
any
county
in
this
state,
which
is
empowered
by
11
this
chapter
to
approve
or
deny
applications
for
retail
beer
or
12
wine
permits
and
liquor
control
alcohol
licenses;
empowered
to
13
recommend
that
such
permits
or
licenses
be
granted
and
issued
14
by
the
division;
and
empowered
to
take
other
actions
reserved
15
to
them
by
this
chapter
.
16
Sec.
17.
Section
123.3,
subsection
40,
paragraph
b,
Code
17
2022,
is
amended
to
read
as
follows:
18
b.
The
person
is
not
prohibited
by
section
123.40
from
19
obtaining
a
liquor
control
retail
alcohol
license
or
a
wine
or
20
beer
permit.
21
Sec.
18.
Section
123.3,
subsection
45,
Code
2022,
is
amended
22
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
23
following:
24
45.
“Retail
alcohol
license”
means
a
class
“B”,
class
“C”,
25
special
class
“C”,
class
“D”,
class
“E”,
or
class
“F”
retail
26
alcohol
license,
or
a
special
class
“B”
retail
native
wine
27
license
issued
under
this
chapter.
28
Sec.
19.
Section
123.3,
subsection
46,
Code
2022,
is
amended
29
by
striking
the
subsection.
30
Sec.
20.
Section
123.9,
subsections
5
and
7,
Code
2022,
are
31
amended
to
read
as
follows:
32
5.
To
grant
and
issue
beer
permits,
wine
permits,
liquor
33
control
retail
alcohol
licenses,
and
other
licenses;
and
to
34
suspend
or
revoke
all
such
permits
and
licenses
for
cause
under
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this
chapter
.
1
7.
To
accept
alcoholic
liquors
ordered
delivered
to
the
2
alcoholic
beverages
division
pursuant
to
chapter
809A
,
and
3
offer
for
sale
and
deliver
the
alcoholic
liquors
to
class
4
“E”
liquor
control
retail
alcohol
licensees,
unless
the
5
administrator
determines
that
the
alcoholic
liquors
may
be
6
adulterated
or
contaminated.
If
the
administrator
determines
7
that
the
alcoholic
liquors
may
be
adulterated
or
contaminated,
8
the
administrator
shall
order
their
destruction.
9
Sec.
21.
Section
123.10,
subsections
3,
6,
and
14,
Code
10
2022,
are
amended
to
read
as
follows:
11
3.
Regulating
the
purchase
of
alcoholic
liquor
generally
12
and
the
furnishing
of
the
liquor
to
class
“E”
liquor
control
13
retail
alcohol
licensees
under
this
chapter
,
and
determining
14
the
classes,
varieties,
and
brands
of
alcoholic
liquors
to
be
15
kept
in
state
warehouses.
16
6.
Providing
for
the
issuance
and
electronic
distribution
17
of
price
lists
which
show
the
price
to
be
paid
by
class
“E”
18
liquor
control
retail
alcohol
licensees
for
each
brand,
19
class,
or
variety
of
liquor
kept
for
sale
by
the
division,
20
providing
for
the
filing
or
posting
of
prices
charged
in
sales
21
between
class
“A”
beer
and
class
“A”
wine
permit
holders
and
22
retailers,
as
provided
in
this
chapter
,
and
establishing
or
23
controlling
the
prices
based
on
minimum
standards
of
fill,
24
quantity,
or
alcoholic
content
for
each
individual
sale
of
25
alcoholic
beverages
as
deemed
necessary
for
retail
or
consumer
26
protection.
However,
the
division
shall
not
regulate
markups,
27
prices,
discounts,
allowances,
or
other
terms
of
sale
at
which
28
alcoholic
liquor
may
be
purchased
by
the
retail
public
or
29
liquor
control
retail
alcohol
licensees
from
class
“E”
liquor
30
control
retail
alcohol
licensees
or
at
which
wine
may
be
31
purchased
and
sold
by
class
“A”
and
retail
wine
permittees,
or
32
change,
nullify,
or
vary
the
terms
of
an
agreement
between
a
33
holder
of
a
vintner
certificate
of
compliance
and
a
class
“A”
34
wine
permittee.
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14.
Prescribing
the
uniform
fee
to
be
assessed
against
1
a
class
“B”
beer
permittee,
class
“C”
native
wine
permittee,
2
or
liquor
control
retail
alcohol
licensee,
except
a
class
3
“B”,
special
class
“B”,
or
class
“E”
liquor
control
retail
4
alcohol
licensee,
to
cover
the
administrative
costs
incurred
5
by
the
division
resulting
from
the
failure
of
the
licensee
or
6
permittee
to
maintain
dramshop
liability
insurance
coverage
7
pursuant
to
section
123.92,
subsection
2
,
paragraph
“a”
.
8
Sec.
22.
Section
123.15,
Code
2022,
is
amended
to
read
as
9
follows:
10
123.15
Favors
from
licensee
or
permittee.
11
A
person
responsible
for
the
administration
or
enforcement
12
of
this
chapter
shall
not
accept
or
solicit
donations,
13
gratuities,
political
advertising,
gifts,
or
other
favors,
14
directly
or
indirectly,
from
any
liquor
control
retail
alcohol
15
licensee,
wine
permittee,
or
beer
permittee.
16
Sec.
23.
Section
123.16,
subsections
6
and
7,
Code
2022,
are
17
amended
to
read
as
follows:
18
6.
The
number
of
liquor
control
retail
alcohol
licenses,
19
wine
permits,
and
beer
permits
issued,
by
class,
the
number
in
20
effect
on
the
last
day
included
in
the
report,
and
the
number
21
which
have
been
suspended
or
revoked
during
the
period
covered
22
by
the
report.
23
7.
Amount
of
fees
paid
to
the
division
from
liquor
control
24
retail
alcohol
licenses,
wine
permits,
and
beer
permits,
in
25
gross,
and
the
amount
of
liquor
control
retail
alcohol
license
26
fees
returned
to
local
subdivisions
of
government
as
provided
27
under
this
chapter
.
28
Sec.
24.
Section
123.22,
subsection
1,
Code
2022,
is
amended
29
to
read
as
follows:
30
1.
The
division
has
the
exclusive
right
of
importation
31
into
the
state
of
all
forms
of
alcoholic
liquor,
except
as
32
otherwise
provided
in
this
chapter
,
and
a
person
shall
not
33
import
alcoholic
liquor,
except
that
an
individual
of
legal
age
34
may
import
and
have
in
the
individual’s
possession
an
amount
of
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alcoholic
liquor
not
exceeding
nine
liters
per
calendar
month
1
that
the
individual
personally
obtained
outside
the
state.
2
Alcoholic
liquor
imported
by
an
individual
pursuant
to
this
3
subsection
shall
be
for
personal
consumption
only
in
a
private
4
home
or
other
private
accommodation.
A
distillery
shall
not
5
sell
alcoholic
liquor
within
the
state
to
any
person
but
only
6
to
the
division,
except
as
otherwise
provided
in
this
chapter
.
7
This
section
vests
in
the
division
exclusive
control
within
the
8
state
as
purchaser
of
all
alcoholic
liquor
sold
by
distilleries
9
within
the
state
or
imported,
except
beer
and
wine,
and
except
10
as
otherwise
provided
in
this
chapter
.
The
division
shall
11
receive
alcoholic
liquor
on
a
bailment
system
for
resale
by
the
12
division
in
the
manner
set
forth
in
this
chapter
.
The
division
13
shall
act
as
the
sole
wholesaler
of
alcoholic
liquor
to
class
14
“E”
liquor
control
retail
alcohol
licensees.
15
Sec.
25.
Section
123.24,
Code
2022,
is
amended
to
read
as
16
follows:
17
123.24
Alcoholic
liquor
sales
by
the
division
——
dishonored
18
payments
——
liquor
prices.
19
1.
The
division
shall
sell
alcoholic
liquor
at
wholesale
20
only.
The
division
shall
sell
alcoholic
liquor
to
class
“E”
21
liquor
control
retail
alcohol
licensees
only.
The
division
22
shall
offer
the
same
price
on
alcoholic
liquor
to
all
class
“E”
23
liquor
control
retail
alcohol
licensees
without
regard
for
the
24
quantity
of
purchase
or
the
distance
for
delivery.
25
2.
The
price
of
alcoholic
liquor
sold
by
the
division
shall
26
consist
of
the
following:
27
a.
The
manufacturer’s
price.
28
b.
A
markup
of
up
to
fifty
percent
of
the
wholesale
price
29
paid
by
the
division
for
the
alcoholic
liquor.
The
division
30
may
increase
the
markup
on
selected
kinds
of
alcoholic
liquor
31
sold
by
the
division
if
the
average
return
to
the
division
on
32
all
sales
of
alcoholic
liquor
does
not
exceed
the
wholesale
33
price
paid
by
the
division
and
the
fifty
percent
markup.
34
c.
A
split
case
charge
in
an
amount
determined
by
the
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division
when
alcoholic
liquor
is
sold
in
quantities
which
1
require
a
case
to
be
split.
2
d.
A
bottle
surcharge
in
an
amount
sufficient,
when
added
3
to
the
amount
not
refunded
to
class
“E”
liquor
control
retail
4
alcohol
licensees
pursuant
to
section
455C.2
,
to
pay
the
costs
5
incurred
by
the
division
for
collecting
and
properly
disposing
6
of
the
liquor
containers.
The
amount
collected
pursuant
to
7
this
paragraph,
in
addition
to
any
amounts
not
refunded
to
8
class
“E”
liquor
control
retail
alcohol
licensees
pursuant
9
to
section
455C.2
,
shall
be
deposited
in
the
beer
and
liquor
10
control
fund
established
under
section
123.17
.
11
3.
a.
The
division
may
accept
from
a
class
“E”
liquor
12
control
retail
alcohol
licensee
electronic
funds
transferred
13
by
automated
clearing
house,
wire
transfer,
or
another
method
14
deemed
acceptable
by
the
administrator,
in
payment
of
alcoholic
15
liquor.
If
a
payment
is
subsequently
dishonored,
the
division
16
shall
cause
a
notice
of
nonpayment
and
penalty
to
be
served
17
upon
the
class
“E”
liquor
control
retail
alcohol
licensee
or
18
upon
any
person
in
charge
of
the
licensed
premises.
The
notice
19
shall
state
that
if
payment
or
satisfaction
for
the
dishonored
20
payment
is
not
made
within
ten
days
of
the
service
of
notice,
21
the
licensee’s
liquor
control
retail
alcohol
license
may
be
22
suspended
under
section
123.39
.
The
notice
of
nonpayment
and
23
penalty
shall
be
in
a
form
prescribed
by
the
administrator,
and
24
shall
be
sent
by
certified
mail.
25
b.
If
upon
notice
and
hearing
under
section
123.39
and
26
pursuant
to
the
provisions
of
chapter
17A
concerning
a
27
contested
case
hearing,
the
administrator
determines
that
the
28
class
“E”
liquor
control
retail
alcohol
licensee
failed
to
29
satisfy
the
obligation
for
which
the
payment
was
issued
within
30
ten
days
after
the
notice
of
nonpayment
and
penalty
was
served
31
on
the
licensee
as
provided
in
paragraph
“a”
of
this
subsection
,
32
the
administrator
may
suspend
the
licensee’s
class
“E”
liquor
33
control
retail
alcohol
license
for
a
period
not
to
exceed
ten
34
days.
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4.
The
administrator
may
refuse
to
sell
alcoholic
liquor
1
to
a
class
“E”
liquor
control
retail
alcohol
licensee
who
2
tenders
a
payment
which
is
subsequently
dishonored
until
the
3
outstanding
obligation
is
satisfied.
4
Sec.
26.
Section
123.26,
Code
2022,
is
amended
to
read
as
5
follows:
6
123.26
Restrictions
on
sales
——
seals
——
labeling.
7
Alcoholic
liquor
shall
not
be
sold
by
a
class
“E”
liquor
8
control
retail
alcohol
licensee
except
in
a
sealed
container
9
with
identifying
markers
as
prescribed
by
the
administrator
10
and
affixed
in
the
manner
prescribed
by
the
administrator,
and
11
no
such
container
shall
be
opened
upon
the
premises
of
a
state
12
warehouse.
The
division
shall
cooperate
with
the
department
13
of
natural
resources
so
that
only
one
identifying
marker
or
14
mark
is
needed
to
satisfy
the
requirements
of
this
section
and
15
section
455C.5,
subsection
1
.
Possession
of
alcoholic
liquors
16
which
do
not
carry
the
prescribed
identifying
markers
is
a
17
violation
of
this
chapter
except
as
provided
in
section
123.22
.
18
Sec.
27.
Section
123.28,
subsections
2
and
5,
Code
2022,
are
19
amended
to
read
as
follows:
20
2.
The
division
shall
deliver
alcoholic
liquor
purchased
by
21
class
“E”
liquor
control
retail
alcohol
licensees.
Class
“E”
22
liquor
control
retail
alcohol
licensees
may
deliver
alcoholic
23
liquor
purchased
by
class
“A”,
class
“B”,
class
“C”,
class
“C”
24
native
distilled
spirits,
or
class
“D”
liquor
control
,
or
class
25
“F”
retail
alcohol
licensees,
and
class
“A”,
class
“B”,
class
26
“C”,
class
“C”
native
distilled
spirits,
or
class
“D”
liquor
27
control
,
or
class
“F”
retail
alcohol
licensees
may
transport
28
alcoholic
liquor
purchased
from
class
“E”
liquor
control
retail
29
alcohol
licensees.
30
5.
This
section
does
not
affect
the
right
of
a
liquor
31
control
retail
alcohol
license
holder
to
purchase,
possess,
or
32
transport
alcoholic
liquors
subject
to
this
chapter
.
33
Sec.
28.
Section
123.32,
Code
2022,
is
amended
to
read
as
34
follows:
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123.32
Action
by
local
authorities
and
division
on
1
applications
for
liquor
control
retail
alcohol
licenses,
native
2
distilled
spirits
licenses,
and
wine
and
beer
permits.
3
1.
Filing
of
application.
4
a.
A
completed
application
for
a
class
“A”,
class
“B”,
class
5
“C”,
special
class
“C”,
class
“C”
native
distilled
spirits,
or
6
class
“E”
liquor
control
retail
alcohol
license
as
provided
7
in
section
123.31
,
for
a
retail
beer
permit
as
provided
in
8
sections
123.128
and
123.129
,
or
for
a
class
“B”,
class
“B”
9
native,
or
class
“C”
native
retail
wine
permit
as
provided
in
10
section
123.175
except
a
class
“D”
retail
alcohol
license
,
11
shall
be
filed
with
the
appropriate
city
council
if
the
12
premises
for
which
the
license
or
permit
is
sought
are
located
13
within
the
corporate
limits
of
a
city,
or
with
the
board
of
14
supervisors
if
the
premises
for
which
the
license
or
permit
is
15
sought
are
located
outside
the
corporate
limits
of
a
city.
16
b.
A
completed
application
for
a
class
“D”
liquor
17
control
retail
alcohol
license
and
for
any
of
the
following
18
certificates,
licenses,
or
permits
shall
be
submitted
to
the
19
division
electronically,
or
in
a
manner
prescribed
by
the
20
administrator,
which
shall
proceed
in
the
same
manner
as
in
the
21
case
of
an
application
approved
by
local
authorities:
22
(1)
A
certificate
of
compliance
as
provided
in
sections
23
123.23
,
123.135
,
and
123.180
.
24
(2)
A
class
“D”
liquor
control
retail
alcohol
license
as
25
provided
in
section
123.31
.
26
(3)
A
manufacturer’s
license
as
provided
in
section
123.41
.
27
(4)
A
broker’s
permit
as
provided
in
section
123.42
.
28
(5)
A
class
“A”
native
distilled
spirits
license
as
provided
29
in
section
123.43
.
30
(6)
A
class
“A”
or
special
class
“A”
beer
permit
as
provided
31
in
section
123.127
.
32
(7)
A
charity
beer,
spirits,
and
wine
auction
permit
special
33
event
license
as
provided
in
section
123.173A
.
34
(8)
A
charity
beer,
spirits,
and
wine
event
permit
as
35
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provided
in
section
123.173B
.
1
(9)
(8)
A
class
“A”
wine
permit
as
provided
in
section
2
123.175
.
3
(10)
(9)
A
wine
direct
shipper’s
permit
as
provided
in
4
section
123.187
.
5
(11)
(10)
A
wine
carrier
permit
as
provided
in
section
6
123.188
.
7
2.
Action
by
local
authorities.
The
local
authority
shall
8
either
approve
or
disapprove
the
issuance
of
a
liquor
control
9
retail
alcohol
license,
a
retail
wine
permit,
or
a
retail
10
beer
permit,
shall
endorse
its
approval
or
disapproval
on
11
the
application,
and
shall
forward
the
application
with
the
12
necessary
fee
and
bond,
if
required,
to
the
division.
There
13
is
no
limit
upon
the
number
of
liquor
control
retail
alcohol
14
licenses
,
retail
wine
permits,
or
retail
beer
permits
which
may
15
be
approved
for
issuance
by
local
authorities.
16
3.
Licensed
premises
for
local
events.
A
local
authority
17
may
define,
by
motion
of
the
local
authority,
licensed
premises
18
which
shall
be
used
by
holders
of
liquor
control
retail
alcohol
19
licenses
,
beer
permits,
and
wine
permits
at
festivals,
fairs,
20
or
celebrations
which
are
sponsored
or
authorized
by
the
local
21
authority.
The
licensed
premises
defined
by
motion
of
the
22
local
authority
shall
be
used
by
the
holders
of
five-day
or
23
fourteen-day
class
“A”,
class
“B”,
class
“C”,
special
class
24
“C”,
or
class
“D”
liquor
control
,
or
class
“F”
retail
alcohol
25
licenses
,
or
five-day
or
fourteen-day
class
“B”
or
class
“C”
26
native
wine
permits,
or
class
“B”
beer
permits
only
.
27
4.
Security
employee
training.
A
local
authority,
as
a
28
condition
of
obtaining
and
holding
a
license
or
permit
for
29
on-premises
consumption,
may
require
a
designated
security
30
employee
as
defined
in
section
123.3
to
be
trained
and
31
certified
in
security
methods.
The
training
shall
include
but
32
is
not
limited
to
de-escalation
techniques,
anger
management
33
techniques,
civil
rights
or
unfair
practices
awareness
as
34
provided
in
section
216.7
,
recognition
of
fake
or
altered
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identification,
information
on
laws
applicable
to
the
serving
1
of
alcohol
at
a
licensed
premises,
use
of
force
and
techniques
2
for
safely
removing
patrons,
and
instruction
on
the
proper
3
physical
restraint
methods
used
against
a
person
who
has
become
4
combative.
5
5.
Occupancy
rates.
A
local
authority
located
in
a
county
6
with
a
population
that
exceeds
three
hundred
thousand
persons,
7
as
a
condition
of
obtaining
and
holding
a
license
or
permit
8
for
on-premises
consumption,
shall
require
the
applicant
,
or
9
licensee
,
or
permittee
to
provide,
and
update
if
necessary,
the
10
occupancy
rate
of
the
licensed
premises.
11
6.
Action
by
administrator.
12
a.
Upon
receipt
of
an
application
having
been
disapproved
13
by
the
local
authority,
the
administrator
shall
notify
the
14
applicant
that
the
applicant
may
appeal
the
disapproval
of
15
the
application
to
the
administrator.
The
applicant
shall
16
be
notified
by
certified
mail
or
personal
service,
and
the
17
application,
the
fee,
and
any
bond
shall
be
returned
to
the
18
applicant.
19
b.
Upon
receipt
of
an
application
having
been
approved
by
20
the
local
authority,
the
division
shall
make
an
investigation
21
as
the
administrator
deems
necessary
to
determine
that
22
the
applicant
complies
with
all
requirements
for
holding
a
23
license
or
permit
,
and
may
require
the
applicant
to
appear
24
to
be
examined
under
oath
to
demonstrate
that
the
applicant
25
complies
with
all
of
the
requirements
to
hold
a
license
26
or
permit
.
If
the
administrator
requires
the
applicant
to
27
appear
and
to
testify
under
oath,
a
record
shall
be
made
of
28
all
testimony
or
evidence
and
the
record
shall
become
a
part
29
of
the
application.
The
administrator
may
appoint
a
member
30
of
the
division
or
may
request
an
administrative
law
judge
31
of
the
department
of
inspections
and
appeals
to
receive
the
32
testimony
under
oath
and
evidence,
and
to
issue
a
proposed
33
decision
to
approve
or
disapprove
the
application
for
a
license
34
or
permit
.
The
administrator
may
affirm,
reverse,
or
modify
35
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the
proposed
decision
to
approve
or
disapprove
the
application
1
for
the
license
or
permit
.
If
the
application
is
approved
2
by
the
administrator,
the
license
or
permit
shall
be
issued.
3
If
the
application
is
disapproved
by
the
administrator,
the
4
applicant
shall
be
so
notified
by
certified
mail
or
personal
5
service
and
the
appropriate
local
authority
shall
be
notified
6
electronically,
or
in
a
manner
prescribed
by
the
administrator.
7
7.
Appeal
to
administrator.
An
applicant
for
a
liquor
8
control
retail
alcohol
license
,
wine
permit,
or
beer
permit
may
9
appeal
from
the
local
authority’s
disapproval
of
an
application
10
for
a
license
or
permit
to
the
administrator.
In
the
appeal
11
the
applicant
shall
be
allowed
the
opportunity
to
demonstrate
12
in
an
evidentiary
hearing
conducted
pursuant
to
chapter
17A
13
that
the
applicant
complies
with
all
of
the
requirements
for
14
holding
the
license
or
permit.
The
administrator
may
appoint
15
a
member
of
the
division
or
may
request
an
administrative
law
16
judge
from
the
department
of
inspections
and
appeals
to
conduct
17
the
evidentiary
hearing
and
to
render
a
proposed
decision
to
18
approve
or
disapprove
the
issuance
of
the
license
or
permit.
19
The
administrator
may
affirm,
reverse,
or
modify
the
proposed
20
decision.
If
the
administrator
determines
that
the
applicant
21
complies
with
all
of
the
requirements
for
holding
a
license
22
or
permit,
the
administrator
shall
order
the
issuance
of
the
23
license
or
permit.
If
the
administrator
determines
that
the
24
applicant
does
not
comply
with
the
requirements
for
holding
25
a
license
or
permit,
the
administrator
shall
disapprove
the
26
issuance
of
the
license
or
permit.
27
8.
Judicial
review.
The
applicant
or
the
local
authority
28
may
seek
judicial
review
of
the
action
of
the
administrator
29
in
accordance
with
the
terms
of
the
Iowa
administrative
30
procedure
Act,
chapter
17A
.
Notwithstanding
the
terms
of
the
31
Iowa
administrative
procedure
Act,
chapter
17A
,
petitions
32
for
judicial
review
may
be
filed
in
the
district
court
of
33
the
county
where
the
premises
covered
by
the
application
are
34
situated.
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9.
Suspension
by
local
authority.
A
liquor
control
retail
1
alcohol
licensee
or
a
wine
or
beer
permittee
whose
license
2
or
permit
has
been
suspended
or
revoked
or
a
civil
penalty
3
imposed
by
a
local
authority
for
a
violation
of
this
chapter
4
or
suspended
by
a
local
authority
for
violation
of
a
local
5
ordinance
may
appeal
the
suspension,
revocation,
or
civil
6
penalty
to
the
administrator.
The
administrator
may
appoint
7
a
member
of
the
division
or
may
request
an
administrative
law
8
judge
from
the
department
of
inspections
and
appeals
to
hear
9
the
appeal
which
shall
be
conducted
in
accordance
with
chapter
10
17A
and
to
issue
a
proposed
decision.
The
administrator
may
11
review
the
proposed
decision
upon
the
motion
of
a
party
to
the
12
appeal
or
upon
the
administrator’s
own
motion
in
accordance
13
with
chapter
17A
.
Upon
review
of
the
proposed
decision,
the
14
administrator
may
affirm,
reverse,
or
modify
the
proposed
15
decision.
A
liquor
control
retail
alcohol
licensee
,
wine
or
16
beer
permittee,
or
a
local
authority
aggrieved
by
a
decision
17
of
the
administrator
may
seek
judicial
review
of
the
decision
18
pursuant
to
chapter
17A
.
19
Sec.
29.
Section
123.34,
Code
2022,
is
amended
to
read
as
20
follows:
21
123.34
Expiration
of
licenses,
permits,
and
certificates
22
of
compliance
——
seasonal
Seasonal
,
fourteen-day,
and
five-day
23
licenses
and
permits
——
fees.
24
1.
All
licenses,
permits,
and
certificates
of
compliance,
25
unless
sooner
suspended
or
revoked,
expire
one
year
from
date
26
of
issuance.
The
administrator
shall
notify
a
license,
permit,
27
or
certificate
holder
electronically,
or
in
a
manner
prescribed
28
by
the
administrator,
sixty
days
prior
to
the
expiration
of
29
each
license,
permit,
or
certificate.
30
2.
1.
a.
The
administrator
may
issue
six-month
or
31
eight-month
seasonal
class
“A”,
class
“B”,
class
“C”,
special
32
class
“C”,
and
class
“D”
liquor
control
and
class
“F”
retail
33
alcohol
licenses
,
class
“B”
wine
permits,
class
“B”
or
class
34
“C”
native
wine
permits,
or
class
“B”
beer
permits
.
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b.
The
fee
for
a
six-month
or
an
eight-month
seasonal
1
license
or
permit
issued
pursuant
to
this
subsection
shall
be
2
for
a
proportionate
part
fifty
percent
of
the
license
or
permit
3
fee
for
that
class
of
license
or
permit
.
However,
the
fee
for
4
a
seasonal
class
“B”
native
wine
permit
shall
be
the
permit
fee
5
provided
in
section
123.179,
subsection
4
,
and
the
fee
for
a
6
seasonal
class
“C”
native
wine
permit
shall
be
the
permit
fee
7
provided
in
section
123.179,
subsection
5
.
8
3.
2.
a.
The
administrator
may
issue
fourteen-day
class
9
“A”,
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
10
liquor
control
and
class
“F”
retail
alcohol
licenses
,
and
11
fourteen-day
class
“B”
beer
permits,
class
“B”
native
wine
12
permits,
and
class
“C”
native
wine
permits
.
13
b.
A
fourteen-day
retail
alcohol
license
or
permit
,
if
14
granted,
is
valid
for
fourteen
consecutive
days
,
but
the
holder
15
shall
not
sell
on
the
two
Sundays
in
the
fourteen-day
period
16
unless
the
holder
qualifies
for
and
obtains
the
privilege
to
17
sell
on
Sundays
contained
in
section
123.36,
subsection
6
,
and
18
section
123.134,
subsection
4
.
19
c.
(1)
The
fee
for
a
fourteen-day
liquor
control
retail
20
alcohol
license
or
beer
permit
is
one
quarter
of
the
annual
fee
21
for
that
class
of
liquor
control
retail
alcohol
license
or
beer
22
permit
.
The
fee
for
the
privilege
to
sell
on
the
two
Sundays
in
23
the
fourteen-day
period
is
twenty
percent
of
the
price
of
the
24
fourteen-day
liquor
control
license
or
beer
permit.
25
(2)
The
fee
for
a
fourteen-day
class
“B”
native
wine
permit
26
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
27
4
,
and
the
fee
for
a
fourteen-day
class
“C”
native
wine
permit
28
is
the
permit
fee
provided
in
section
123.179,
subsection
5
.
29
4.
3.
a.
The
administrator
may
issue
five-day
class
“A”,
30
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
31
control
,
and
class
“F”
retail
alcohol
licenses
,
and
five-day
32
class
“B”
beer
permits,
class
“B”
native
wine
permits,
and
33
class
“C”
native
wine
permits
.
34
b.
A
five-day
retail
alcohol
license
or
permit
is
valid
for
35
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five
consecutive
days
,
but
the
holder
shall
not
sell
alcoholic
1
beverages
on
Sunday
in
the
five-day
period
unless
the
holder
2
qualifies
for
and
obtains
the
privilege
to
sell
on
Sunday
3
pursuant
to
section
123.36,
subsection
6,
and
section
123.134,
4
subsection
4
.
5
c.
(1)
The
fee
for
the
five-day
liquor
control
retail
6
alcohol
license
or
beer
permit
is
one-eighth
of
the
annual
fee
7
for
that
class
of
license
or
permit.
The
fee
for
the
privilege
8
to
sell
on
a
Sunday
in
the
five-day
period
is
ten
percent
of
the
9
price
of
the
five-day
liquor
control
license
or
beer
permit.
10
(2)
The
fee
for
a
five-day
class
“B”
native
wine
permit
11
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
12
4
,
and
the
fee
for
a
five-day
class
“C”
native
wine
permit
is
13
the
permit
fee
provided
in
section
123.179,
subsection
5
.
14
5.
4.
A
refund
of
fees
paid
shall
not
be
made
for
seasonal
15
licenses
or
permits
,
or
for
fourteen-day
or
five-day
liquor
16
control
retail
alcohol
licenses
,
native
wine
permits,
or
beer
17
permits
.
In
addition,
a
seasonal,
fourteen-day,
or
five-day
18
license
or
permit
shall
not
be
renewed.
19
Sec.
30.
NEW
SECTION
.
123.35
Expiration
of
licenses,
20
permits,
and
certificates
of
compliance
——
automatic
renewals.
21
1.
Except
as
otherwise
provided
by
this
chapter,
all
22
licenses,
permits,
and
certificates
of
compliance,
unless
23
sooner
suspended
or
revoked,
expire
one
year
from
date
of
24
issuance.
25
2.
Notwithstanding
section
123.31
and
any
other
provision
26
of
this
chapter
to
the
contrary,
a
class
“E”
retail
alcohol
27
license
shall
automatically
renew
without
the
endorsement
28
of
a
local
authority
or
approval
by
the
administrator
upon
29
collection
of
the
annual
fee
by
the
division,
provided
all
of
30
the
following
conditions
are
met
since
the
preceding
license
31
was
issued:
32
a.
The
licensee
has
given
written
consent
to
the
division
33
to
have
the
license
automatically
renewed
as
provided
in
this
34
section.
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b.
The
license
has
not
been
suspended
or
revoked.
1
c.
A
civil
penalty
has
not
been
imposed
against
the
2
licensee.
3
d.
An
administrative
proceeding
is
not
pending
against
the
4
licensee
to
suspend
or
revoke
the
license
or
to
impose
a
civil
5
penalty
under
this
chapter.
6
e.
The
licensee
has
not
submitted
payment
for
alcoholic
7
liquor
to
the
division
that
was
subsequently
dishonored.
8
f.
The
licensee
and
all
persons
associated
with
the
licensee
9
as
described
in
section
123.3,
subsection
40,
paragraph
“e”
,
10
have
not
been
convicted
of
a
violation
of
this
chapter.
11
g.
The
licensed
premises
constitutes
a
safe
and
proper
place
12
or
building
and
conforms
with
all
applicable
federal,
state,
13
and
local
laws,
orders,
ordinances,
rules,
resolutions,
and
14
health
and
fire
regulations.
15
h.
A
local
authority
has
not
notified
the
division,
in
16
a
manner
established
by
the
division
and
made
available
to
17
local
authorities,
that
automatic
renewal
should
not
occur
and
18
that
further
review
of
the
licensee
by
the
division
and
the
19
applicable
local
authority
is
warranted.
20
3.
Notwithstanding
sections
123.23,
123.135,
123.180,
21
and
any
other
provision
of
this
chapter
to
the
contrary,
a
22
distiller’s,
brewer’s,
or
vintner’s
certificate
of
compliance
23
shall
automatically
renew
without
approval
by
the
administrator
24
upon
collection
of
the
annual
fee
by
the
division,
provided
25
all
of
the
following
conditions
are
met
since
the
preceding
26
certificate
was
issued:
27
a.
The
certificate
holder
has
given
written
consent
to
28
the
division
to
have
the
certificate
automatically
renewed
as
29
provided
in
this
section.
30
b.
The
certificate
has
not
been
suspended
or
revoked.
31
c.
A
civil
penalty
has
not
been
imposed
against
the
32
certificate
holder.
33
d.
An
administrative
proceeding
is
not
pending
against
the
34
certificate
holder
to
suspend
or
revoke
the
certificate
or
to
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impose
a
civil
penalty
under
this
chapter.
1
e.
The
certificate
holder
and
all
persons
associated
2
with
the
certificate
holder
as
described
in
section
123.3,
3
subsection
40,
paragraph
“e”
,
have
not
been
convicted
of
a
4
violation
of
this
chapter.
5
4.
Notwithstanding
section
123.187
and
any
other
provision
6
of
this
chapter
to
the
contrary,
a
wine
direct
shipper’s
permit
7
shall
automatically
renew
without
approval
by
the
administrator
8
upon
collection
of
the
annual
fee
by
the
division,
provided
all
9
of
the
following
conditions
are
met
since
the
preceding
permit
10
was
issued:
11
a.
The
permittee
has
given
written
consent
to
the
division
12
to
have
the
permit
automatically
renewed
as
provided
in
this
13
section.
14
b.
The
permit
has
not
been
suspended
or
revoked.
15
c.
A
civil
penalty
has
not
been
imposed
against
the
16
permittee.
17
d.
An
administrative
proceeding
is
not
pending
against
the
18
permittee
to
suspend
or
revoke
the
permit
or
to
impose
a
civil
19
penalty
under
this
chapter.
20
e.
The
permittee
has
filed
all
required
reports
and
remitted
21
all
wine
gallonage
tax
owed
pursuant
to
section
123.183.
22
f.
The
permittee
and
all
persons
associated
with
the
23
permittee
as
described
in
section
123.3,
subsection
40,
24
paragraph
“e”
,
have
not
been
convicted
of
a
violation
of
this
25
chapter.
26
Sec.
31.
Section
123.38,
subsection
1,
Code
2022,
is
amended
27
to
read
as
follows:
28
1.
A
liquor
control
retail
alcohol
license,
wine
permit,
29
or
beer
permit
is
a
personal
privilege
and
is
revocable
for
30
cause.
It
is
not
property
nor
is
it
subject
to
attachment
31
and
execution
nor
alienable
nor
assignable,
and
it
shall
32
cease
upon
the
death
of
the
permittee
or
licensee.
However,
33
the
administrator
of
the
division
may
in
the
administrator’s
34
discretion
allow
the
executor
or
administrator
of
the
estate
of
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a
permittee
or
licensee
to
operate
the
business
of
the
decedent
1
for
a
reasonable
time
not
to
exceed
the
expiration
date
of
the
2
permit
or
license.
Every
permit
or
license
shall
be
issued
in
3
the
name
of
the
applicant
and
no
person
holding
a
permit
or
4
license
shall
allow
any
other
person
to
use
it.
5
Sec.
32.
Section
123.38,
subsection
2,
paragraph
a,
6
subparagraph
(4),
Code
2022,
is
amended
to
read
as
follows:
7
(4)
No
refund
shall
be
made
for
any
liquor
control
retail
8
alcohol
license,
wine
permit,
or
beer
permit
surrendered
more
9
than
nine
months
after
issuance.
10
Sec.
33.
Section
123.39,
subsection
1,
paragraph
a,
Code
11
2022,
is
amended
to
read
as
follows:
12
a.
(1)
The
administrator
or
the
local
authority
may
suspend
13
a
class
“A”,
class
“B”,
special
class
“B”
native
wine,
class
14
“C”,
special
class
“C”,
class
“C”
native
distilled
spirits,
or
15
class
“E”
liquor
control
,
or
class
“F”
retail
alcohol
license
,
16
or
retail
wine
or
beer
permit
charity
beer,
spirits,
and
wine
17
special
event
license
for
a
period
not
to
exceed
one
year,
18
revoke
the
license
or
permit
,
or
impose
a
civil
penalty
not
to
19
exceed
one
thousand
dollars
per
violation.
20
(2)
The
administrator
may
suspend
a
certificate
of
21
compliance,
a
class
“D”
liquor
control
retail
alcohol
license,
22
a
manufacturer’s
license,
a
broker’s
permit,
a
class
“A”
native
23
distilled
spirits
license,
a
class
“A”
or
special
class
“A”
24
beer
permit,
a
charity
beer,
spirits,
and
wine
auction
permit,
25
a
class
“A”
wine
permit,
a
wine
direct
shipper’s
permit,
or
a
26
wine
carrier
permit
for
a
period
not
to
exceed
one
year,
revoke
27
the
license,
permit,
or
certificate,
or
impose
a
civil
penalty
28
not
to
exceed
one
thousand
dollars
per
violation.
29
Sec.
34.
Section
123.39,
subsection
1,
paragraph
b,
30
subparagraph
(3),
Code
2022,
is
amended
to
read
as
follows:
31
(3)
Any
change
in
the
ownership
or
interest
in
the
business
32
operated
under
a
liquor
control
retail
alcohol
license
,
or
any
33
wine
or
beer
permit,
which
change
was
not
previously
reported
34
in
a
manner
prescribed
by
the
administrator
within
thirty
days
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of
the
change
and
subsequently
approved
by
the
local
authority,
1
when
applicable,
and
the
division.
2
Sec.
35.
Section
123.39,
subsections
2
and
3,
Code
2022,
are
3
amended
to
read
as
follows:
4
2.
Local
authorities
may
suspend
any
liquor
control
retail
5
alcohol
license
or
retail
wine
or
beer
permit
for
a
violation
6
of
any
ordinance
or
regulation
adopted
by
the
local
authority.
7
Local
authorities
may
adopt
ordinances
or
regulations
for
the
8
location
of
the
premises
of
liquor
control
retail
alcohol
9
licensed
and
retail
wine
or
beer
permitted
establishments
10
and
local
authorities
may
adopt
ordinances,
not
in
conflict
11
with
this
chapter
and
that
do
not
diminish
the
hours
during
12
which
alcoholic
beverages
may
be
sold
or
consumed
at
retail,
13
governing
any
other
activities
or
matters
which
may
affect
the
14
retail
sale
and
consumption
of
alcoholic
beverages
and
the
15
health,
welfare
and
morals
of
the
community
involved.
16
3.
When
a
liquor
control
retail
alcohol
license
or
retail
17
wine
or
beer
permit
is
suspended
after
a
hearing
as
a
result
18
of
violations
of
this
chapter
by
the
licensee
,
permittee
19
or
the
licensee’s
or
permittee’s
agents
or
employees,
the
20
premises
which
were
licensed
by
the
license
or
permit
shall
21
not
be
relicensed
for
a
new
applicant
until
the
suspension
22
has
terminated
or
time
of
suspension
has
elapsed,
or
ninety
23
days
have
elapsed
since
the
commencement
of
the
suspension,
24
whichever
occurs
first.
However,
this
section
does
not
25
prohibit
the
premises
from
being
relicensed
to
a
new
applicant
26
before
the
suspension
has
terminated
or
before
the
time
of
27
suspension
has
elapsed
or
before
ninety
days
have
elapsed
from
28
the
commencement
of
the
suspension,
if
the
premises
prior
to
29
the
time
of
the
suspension
had
been
purchased
under
contract,
30
and
the
vendor
under
that
contract
had
exercised
the
person’s
31
rights
under
chapter
656
and
sold
the
property
to
a
different
32
person
who
is
not
related
to
the
previous
licensee
or
permittee
33
by
marriage
or
within
the
third
degree
of
consanguinity
or
34
affinity
and
if
the
previous
licensee
or
permittee
does
not
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have
a
financial
interest
in
the
business
of
the
new
applicant.
1
Sec.
36.
Section
123.40,
Code
2022,
is
amended
to
read
as
2
follows:
3
123.40
Effect
of
revocation.
4
Any
liquor
control
retail
alcohol
licensee,
wine
permittee,
5
or
beer
permittee
whose
license
or
permit
is
revoked
under
this
6
chapter
shall
not
thereafter
be
permitted
to
hold
a
liquor
7
control
retail
alcohol
license,
wine
permit,
or
beer
permit
in
8
the
state
of
Iowa
for
a
period
of
two
years
from
the
date
of
9
revocation.
A
spouse
or
business
associate
holding
ten
percent
10
or
more
of
the
capital
stock
or
ownership
interest
in
the
11
business
of
a
person
whose
license
or
permit
has
been
revoked
12
shall
not
be
issued
a
liquor
control
retail
alcohol
license,
13
wine
permit,
or
beer
permit,
and
no
liquor
control
retail
14
alcohol
license,
wine
permit,
or
beer
permit
shall
be
issued
15
which
covers
any
business
in
which
such
person
has
a
financial
16
interest
for
a
period
of
two
years
from
the
date
of
revocation.
17
If
a
license
or
permit
is
revoked,
the
premises
which
had
been
18
covered
by
the
license
or
permit
shall
not
be
relicensed
for
19
one
year.
20
Sec.
37.
Section
123.43A,
subsection
2,
Code
2022,
is
21
amended
to
read
as
follows:
22
2.
A
native
distillery
shall
not
sell
more
than
one
and
23
one-half
nine
liters
per
person
per
day,
of
native
distilled
24
spirits
on
the
premises
of
the
native
distillery.
However,
a
25
native
distillery
which,
combining
all
production
facilities
26
of
the
business,
produces
and
manufactures
not
more
than
one
27
hundred
thousand
proof
gallons
of
native
distilled
spirits
on
28
an
annual
basis,
may
sell
not
more
than
nine
liters
per
person
29
per
day,
of
native
distilled
spirits.
In
addition,
a
native
30
distillery
shall
not
directly
ship
native
distilled
spirits
for
31
sale
at
retail.
The
native
distillery
shall
maintain
records
32
of
individual
purchases
of
native
distilled
spirits
at
the
33
native
distillery
for
three
years.
34
Sec.
38.
Section
123.43A,
subsection
6,
Code
2022,
is
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amended
to
read
as
follows:
1
6.
Notwithstanding
any
provision
of
this
chapter
to
the
2
contrary
or
the
fact
that
a
person
is
the
holder
of
a
class
“A”
3
native
distilled
spirits
license,
a
native
distillery
which,
4
combining
all
production
facilities
of
the
business,
produces
5
and
manufactures
not
more
than
one
hundred
thousand
proof
6
gallons
of
native
distilled
spirits
on
an
annual
basis
may
sell
7
those
native
distilled
spirits
manufactured
on
the
premises
8
of
the
native
distillery
for
consumption
on
the
premises
by
9
applying
for
be
granted
a
class
“C”
native
distilled
spirits
10
liquor
control
retail
alcohol
license
as
provided
defined
in
11
section
123.30
.
A
native
distillery
may
be
granted
not
more
12
than
two
class
“C”
native
distilled
spirits
liquor
control
13
retail
alcohol
licenses.
All
native
distilled
spirits
sold
14
by
a
native
distillery
for
on-premises
consumption
and
mixed
15
drinks
or
cocktails
sold
for
consumption
off
the
premises
16
shall
be
purchased
from
a
class
“E”
liquor
control
licensee.
17
A
manufacturer
of
native
distilled
spirits
may
be
issued
a
18
class
“C”
native
distilled
spirits
liquor
control
retail
19
alcohol
license
regardless
of
whether
the
manufacturer
is
also
20
a
manufacturer
of
beer
pursuant
to
a
class
“A”
beer
permit
or
21
a
manufacturer
of
native
wine
pursuant
to
a
class
“A”
wine
22
permit.
23
Sec.
39.
Section
123.45,
subsection
1,
paragraph
d,
Code
24
2022,
is
amended
to
read
as
follows:
25
d.
Hold
a
retail
liquor
control
alcohol
license
or
retail
26
wine
or
beer
permit,
unless
the
licensee
or
permittee
holding
a
27
retail
liquor
control
alcohol
license
or
retail
wine
or
beer
28
permit
does
not
purchase
or
sell
the
alcoholic
beverages
of
29
the
person
engaged
in
the
business
of
manufacturing,
bottling,
30
or
wholesaling
alcoholic
beverages.
However,
a
person
engaged
31
in
the
business
of
manufacturing
wine
that
is
not
native
wine
32
may
purchase
and
sell
the
person’s
wine
under
the
authority
33
of
a
special
class
“C”
liquor
control
retail
alcohol
license
34
and
a
class
“B”
wine
permit
retail
alcohol
license
provided
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the
licensed
premises
is
the
principal
office,
as
defined
in
1
section
490.140
,
of
the
person.
2
Sec.
40.
Section
123.45,
subsection
3,
Code
2022,
is
amended
3
to
read
as
follows:
4
3.
A
person
engaged
in
the
wholesaling
of
beer
or
wine
5
may
sell
only
disposable
glassware,
which
is
constructed
of
6
paper,
paper
laminated,
or
plastic
materials
and
designed
7
primarily
for
personal
consumption
on
a
one-time
usage
8
basis,
to
retailers
for
use
within
the
premises
of
licensed
9
establishments,
for
an
amount
which
is
greater
than
or
equal
10
to
an
amount
which
represents
the
greater
of
either
the
amount
11
paid
for
the
disposable
glassware
by
the
supplier
or
the
amount
12
paid
for
the
disposable
glassware
by
the
wholesaler.
Also,
a
13
person
engaged
in
the
business
of
manufacturing
beer
may
sell
14
beer
at
retail
for
consumption
on
or
off
the
premises
of
the
15
manufacturing
facility
and,
notwithstanding
any
other
provision
16
of
this
chapter
or
the
fact
that
a
person
is
the
holder
of
a
17
class
“A”
beer
permit,
a
native
brewery
may
be
granted
not
more
18
than
two
class
“B”
beer
permits
“C”
retail
alcohol
licenses
as
19
defined
in
section
123.124
for
that
purpose
123.30
regardless
20
of
whether
that
person
is
also
a
manufacturer
of
native
21
distilled
spirits
pursuant
to
a
class
“A”
native
distilled
22
spirits
license
or
a
manufacturer
of
native
wine
pursuant
to
a
23
class
“A”
wine
permit.
24
Sec.
41.
Section
123.46,
subsection
2,
Code
2022,
is
amended
25
to
read
as
follows:
26
2.
A
person
shall
not
use
or
consume
alcoholic
liquor,
wine,
27
or
beer
upon
the
public
streets
or
highways.
A
person
shall
28
not
use
or
consume
alcoholic
liquor
in
any
public
place
except
29
premises
covered
by
a
liquor
control
retail
alcohol
license.
30
A
person
shall
not
possess
or
consume
alcoholic
liquors,
31
wine,
or
beer
on
public
school
property
or
while
attending
a
32
public
or
private
school-related
function.
A
person
shall
not
33
be
intoxicated
in
a
public
place.
A
person
violating
this
34
subsection
is
guilty
of
a
simple
misdemeanor.
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Sec.
42.
Section
123.46A,
Code
2022,
is
amended
to
read
as
1
follows:
2
123.46A
Delivery
of
alcoholic
beverages
by
retailers.
3
1.
Licensees
and
permittees
authorized
to
sell
alcoholic
4
liquor,
wine,
or
beer
in
original
unopened
containers
for
5
consumption
off
the
licensed
premises
may
deliver
alcoholic
6
liquor,
wine,
or
beer
to
a
home,
another
licensed
premises
if
7
there
is
identical
ownership
of
the
premises
by
the
licensee
8
or
permittee
,
or
other
designated
location
in
this
state.
9
Deliveries
shall
be
limited
to
alcoholic
beverages
authorized
10
by
the
licensee’s
or
permittee’s
license
or
permit
.
Orders
11
delivered
to
another
licensed
premises
shall
contain
only
12
those
alcoholic
beverages
authorized
for
sale
by
the
liquor
13
control
retail
alcohol
license
or
retail
wine
or
beer
permit
14
covering
the
premises
to
which
the
alcoholic
beverages
will
15
be
delivered.
Orders
delivered
to
another
licensed
premises
16
shall
be
fulfilled
using
the
alcoholic
beverages
inventory
17
owned
by
the
licensee
or
permittee
who
will
receive
the
order
18
for
delivery.
If
the
recipient
refuses
or
fails
to
pick
up
19
the
delivery,
or
is
ineligible
to
receive
the
delivery,
the
20
alcoholic
beverages
shall
be
returned
to
the
licensee
or
21
permittee
who
fulfilled
the
order.
22
2.
Licensees
and
permittees
authorized
to
sell
wine,
beer,
23
or
mixed
drinks
or
cocktails
for
consumption
off
the
licensed
24
premises
in
a
container
other
than
the
original
container
may
25
deliver
the
wine,
beer,
or
mixed
drinks
or
cocktails
to
a
26
home
or
other
designated
location
in
this
state
only
if
the
27
container
other
than
the
original
container
has
been
sold
and
28
securely
sealed
in
compliance
with
this
chapter
or
the
rules
29
of
the
division.
Deliveries
shall
be
limited
to
alcoholic
30
beverages
authorized
by
the
licensee’s
or
permittee’s
license
31
or
permit.
32
3.
All
deliveries
of
alcoholic
liquor,
wine,
beer,
or
33
mixed
drinks
or
cocktails
shall
be
subject
to
the
following
34
requirements
and
restrictions:
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a.
Payment
for
the
alcoholic
liquor,
wine,
beer,
or
mixed
1
drinks
or
cocktails
shall
be
received
by
the
licensee
or
2
permittee
at
the
time
of
order.
3
b.
Orders
for
deliveries
may
be
taken
by
the
licensee
or
4
permittee
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
5
on
a
day
other
than
Sunday,
and
orders
for
deliveries
may
6
be
taken
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
on
a
7
Sunday
provided
the
licensee
or
permittee
has
been
granted
8
the
privilege
of
selling
alcoholic
liquor,
wine,
beer,
or
9
mixed
drinks
or
cocktails
on
Sunday
on
any
day
of
the
week
,
10
notwithstanding
any
provision
of
section
123.49,
subsection
2
,
11
paragraph
“b”
,
to
the
contrary.
12
c.
Alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
13
cocktails
delivered
to
a
person
shall
be
for
personal
use
and
14
not
for
resale.
15
d.
Deliveries
shall
only
be
made
to
persons
in
this
state
16
who
are
twenty-one
years
of
age
or
older.
17
e.
Deliveries
shall
not
be
made
to
a
person
who
is
18
intoxicated
or
is
simulating
intoxication.
19
f.
Deliveries
shall
occur
between
6:00
a.m.
and
10:00
p.m.
20
Monday
through
Sunday
on
the
same
day
the
order
for
alcoholic
21
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
is
removed
22
from
the
licensed
premises
.
23
g.
Delivery
of
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
24
or
cocktails
shall
be
made
by
the
licensee
or
permittee
,
the
25
licensee’s
or
permittee’s
employee,
or
a
third
party,
provided
26
the
licensee
or
permittee
has
entered
into
a
written
agreement
27
with
the
third
party
that
authorizes
the
third
party
to
act
28
as
an
agent
of
the
licensee
or
permittee
for
the
purpose
of
29
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
30
cocktails.
Each
licensee
or
permittee
shall
submit
to
the
31
division
electronically,
or
in
a
manner
prescribed
by
the
32
administrator,
a
list
of
names
and
addresses
of
all
third
33
parties
it
has
authorized
to
act
as
its
agent
for
the
purpose
34
of
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
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or
cocktails.
The
licensee
or
permittee
shall
provide
the
1
division
with
amendments
to
the
list
as
necessary
to
ensure
the
2
division
possesses
an
accurate,
current
list.
3
h.
Delivery
personnel
shall
be
twenty-one
years
of
age
or
4
older.
5
i.
Valid
proof
of
the
recipient’s
identity
and
age
shall
6
be
obtained
at
the
time
of
delivery,
and
the
signature
of
a
7
person
twenty-one
years
of
age
or
older
shall
be
obtained
as
a
8
condition
of
delivery.
9
j.
Licensees
and
permittees
shall
maintain
records
10
of
deliveries
which
include
the
quantity
delivered,
the
11
recipient’s
name
and
address,
and
the
signature
of
the
12
recipient
of
the
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
13
or
cocktails.
The
records
shall
be
maintained
on
the
licensed
14
premises
for
a
period
of
three
years.
15
4.
A
violation
of
this
section
or
any
other
provision
16
of
this
chapter
shall
subject
the
licensee
or
permittee
to
17
the
penalty
provisions
of
section
123.39
.
If
the
licensee
18
or
permittee
,
an
employee
of
the
licensee
or
permittee
,
or
19
a
person
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
20
drinks
or
cocktails
for
a
third
party
acting
on
behalf
of
the
21
licensee
or
permittee
pursuant
to
a
written
agreement
violates
22
this
section
,
the
licensee
or
permittee
shall
not
be
assessed
23
a
penalty
under
section
123.39
if
the
licensee
or
permittee
24
establishes
all
of
the
following:
25
a.
The
violation
was
committed
off
of
the
licensee’s
26
or
permittee’s
premises
after
the
liquor,
wine,
beer,
or
27
mixed
drinks
or
cocktails
was
removed
from
the
licensee’s
or
28
permittee’s
premises
in
fulfillment
of
a
delivery
order.
29
b.
(1)
If
the
person
who
committed
the
violation
is
an
30
employee
of
the
licensee
or
permittee
,
that
no
other
violation
31
of
this
section
was
committed
by
any
employee
of
the
licensee
32
or
permittee
within
the
two-year
period
immediately
preceding
33
the
date
of
violation.
34
(2)
If
the
person
who
committed
the
violation
is
a
person
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delivering
for
a
third
party
acting
on
behalf
of
the
licensee
1
or
permittee
,
that
no
other
violation
of
this
section
was
2
committed
by
any
person
delivering
for
the
same
third
party
3
while
the
third
party
was
acting
on
behalf
of
the
licensee
or
4
permittee
within
the
two-year
period
immediately
preceding
the
5
date
of
violation.
6
5.
Nothing
in
this
section
shall
impact
the
direct
shipment
7
of
wine
as
regulated
by
section
123.187
.
8
Sec.
43.
Section
123.47,
subsection
3,
Code
2022,
is
amended
9
to
read
as
follows:
10
3.
A
person
or
persons
under
legal
age
shall
not
purchase
11
or
attempt
to
purchase,
consume,
or
individually
or
jointly
12
have
alcoholic
beverages
in
their
possession
or
control;
except
13
in
the
case
of
any
alcoholic
beverage
given
or
dispensed
to
14
a
person
under
legal
age
within
a
private
home
and
with
the
15
knowledge,
presence,
and
consent
of
the
parent
or
guardian,
for
16
beverage
or
medicinal
purposes
or
as
administered
to
the
person
17
by
either
a
physician
or
dentist
for
medicinal
purposes
and
18
except
to
the
extent
that
a
person
under
legal
age
may
handle
19
alcoholic
beverages
during
the
regular
course
of
the
person’s
20
employment
by
a
liquor
control
retail
alcohol
licensee,
or
wine
21
or
beer
permittee
under
this
chapter
.
22
Sec.
44.
Section
123.48,
subsections
1
and
3,
Code
2022,
are
23
amended
to
read
as
follows:
24
1.
If
a
liquor
control
retail
alcohol
licensee
or
wine
or
25
beer
permittee
or
an
employee
of
the
licensee
or
permittee
26
has
a
reasonable
belief
based
on
factual
evidence
that
a
27
driver’s
license
as
defined
in
section
321.1,
subsection
28
20A
,
or
nonoperator’s
identification
card
issued
pursuant
to
29
section
321.190
offered
by
a
person
who
wishes
to
purchase
30
an
alcoholic
beverage
at
the
licensed
premises
is
altered
31
or
falsified
or
belongs
to
another
person,
the
licensee
,
32
permittee,
or
employee
may
retain
the
driver’s
license
or
33
nonoperator’s
identification
card.
Within
twenty-four
hours,
34
the
license
or
card
shall
be
delivered
to
the
appropriate
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city
or
county
law
enforcement
agency
of
the
jurisdiction
in
1
which
the
licensed
premises
is
located.
When
the
license
or
2
card
is
delivered
to
the
appropriate
law
enforcement
agency,
3
the
licensee
shall
file
a
written
report
of
the
circumstances
4
under
which
the
license
or
card
was
retained.
The
local
law
5
enforcement
agency
may
investigate
whether
a
violation
of
6
section
321.216
,
321.216A
,
or
321.216B
has
occurred.
If
an
7
investigation
is
not
initiated
or
a
probable
cause
is
not
8
established
by
the
local
law
enforcement
agency,
the
driver’s
9
license
or
nonoperator’s
identification
card
shall
be
delivered
10
to
the
person
to
whom
it
was
issued.
The
local
law
enforcement
11
agency
may
forward
the
license
or
card
with
the
report
to
the
12
department
of
transportation
for
investigation,
in
which
case,
13
the
department
may
investigate
whether
a
violation
of
section
14
321.216
,
321.216A
,
or
321.216B
has
occurred.
The
department
of
15
transportation
shall
return
the
license
or
card
to
the
person
16
to
whom
it
was
issued
if
an
investigation
is
not
initiated
or
a
17
probable
cause
is
not
established.
18
3.
A
liquor
control
retail
alcohol
licensee
or
wine
or
19
beer
permittee
or
an
employee
of
the
licensee
or
permittee
20
is
not
subject
to
criminal
prosecution
for,
or
to
civil
21
liability
for
damages
alleged
to
have
resulted
from,
the
22
retention
and
delivery
of
a
driver’s
license
or
a
nonoperator’s
23
identification
card
which
is
taken
pursuant
to
subsections
24
1
and
2
.
This
section
shall
not
be
construed
to
relieve
a
25
licensee
,
permittee,
or
employee
of
the
licensee
or
permittee
26
from
civil
liability
for
damages
resulting
from
the
use
of
27
unreasonable
force
in
obtaining
the
altered
or
falsified
28
driver’s
license
or
nonoperator’s
identification
card
or
the
29
driver’s
license
or
nonoperator’s
identification
card
believed
30
to
belong
to
another
person.
31
Sec.
45.
Section
123.49,
subsection
2,
unnumbered
paragraph
32
1,
Code
2022,
is
amended
to
read
as
follows:
33
A
person
holding
a
liquor
control
retail
alcohol
license
or
34
retail
wine
or
beer
permit
under
this
chapter
,
and
the
person’s
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agents
or
employees,
shall
not
do
any
of
the
following:
1
Sec.
46.
Section
123.49,
subsection
2,
paragraph
b,
Code
2
2022,
is
amended
to
read
as
follows:
3
b.
Sell
or
dispense
any
alcoholic
beverage
on
the
premises
4
covered
by
the
license
or
permit
,
or
permit
its
consumption
5
thereon
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
on
a
6
weekday,
and
between
the
hours
of
2:00
a.m.
on
Sunday
and
6:00
7
a.m.
on
the
following
Monday,
however,
a
holder
of
a
liquor
8
control
license
or
retail
wine
or
beer
permit
granted
the
9
privilege
of
selling
alcoholic
liquor,
wine,
or
beer
on
Sunday
10
may
sell
or
dispense
alcoholic
liquor,
wine,
or
beer
between
11
the
hours
of
6:00
a.m.
on
Sunday
and
2:00
a.m.
on
the
following
12
Monday
any
day
of
the
week
.
13
Sec.
47.
Section
123.49,
subsection
2,
paragraph
d,
14
subparagraphs
(1)
and
(3),
Code
2022,
are
amended
to
read
as
15
follows:
16
(1)
Keep
on
premises
covered
by
a
liquor
control
retail
17
alcohol
license
any
alcoholic
liquor
in
any
container
except
18
the
original
package
purchased
from
the
division,
and
except
19
mixed
drinks
or
cocktails
mixed
on
the
premises
for
immediate
20
consumption
on
the
licensed
premises
or
as
otherwise
provided
21
by
this
paragraph
“d”
.
This
prohibition
does
not
apply
to
22
holders
of
a
class
“D”
liquor
control
retail
alcohol
license
23
or
to
alcoholic
liquor
delivered
in
accordance
with
section
24
123.46A
.
25
(3)
Mixed
drinks
or
cocktails
mixed
on
premises
covered
by
26
a
class
“C”
liquor
control
retail
alcohol
license
or
a
class
27
“C”
native
distilled
spirits
liquor
control
retail
alcohol
28
license
for
consumption
off
the
licensed
premises
may
be
29
sold
if
the
mixed
drink
or
cocktail
is
immediately
filled
in
30
a
sealed
container
and
is
promptly
taken
from
the
licensed
31
premises
prior
to
consumption
of
the
mixed
drink
or
cocktail.
32
A
mixed
drink
or
cocktail
that
is
sold
in
a
sealed
container
in
33
compliance
with
the
requirements
of
this
subparagraph
and
rules
34
adopted
by
the
division
shall
not
be
deemed
an
open
container
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subject
to
the
requirements
of
sections
321.284
and
321.284A
1
if
the
sealed
container
is
unopened
and
the
seal
has
not
been
2
tampered
with,
and
the
contents
of
the
container
have
not
been
3
partially
removed.
4
Sec.
48.
Section
123.49,
subsection
2,
paragraphs
g
and
j,
5
Code
2022,
are
amended
to
read
as
follows:
6
g.
Allow
any
person
other
than
the
licensee
,
permittee,
7
or
employees
of
the
licensee
or
permittee,
to
use
or
keep
8
on
the
licensed
premises
any
alcoholic
liquor
in
any
bottle
9
or
other
container
which
is
designed
for
the
transporting
of
10
such
beverages,
except
as
permitted
in
section
123.95
.
This
11
paragraph
does
not
apply
to
the
lodging
quarters
of
a
class
12
“B”
liquor
control
licensee
or
wine
or
beer
permittee
hotel
13
or
motel
holding
a
retail
alcohol
license
,
or
to
holders
of
a
14
class
“D”
liquor
control
retail
alcohol
license.
15
j.
Knowingly
permit
or
engage
in
any
criminal
activity
16
on
the
premises
covered
by
the
license
or
permit
.
However,
17
the
absence
of
security
personnel
on
the
licensed
premises
18
is
insufficient,
without
additional
evidence,
to
prove
that
19
criminal
activity
occurring
on
the
licensed
premises
was
20
knowingly
permitted
in
violation
of
this
paragraph
“j”
.
For
21
purposes
of
this
paragraph
“j”
,
“premises”
includes
parking
lots
22
and
areas
adjacent
to
the
premises
of
a
liquor
control
retail
23
alcohol
licensee
or
wine
or
beer
permittee
authorized
to
sell
24
alcoholic
beverages
for
consumption
on
the
licensed
premises
25
and
used
by
patrons
of
the
liquor
control
retail
alcohol
26
licensee
or
wine
or
beer
permittee
.
27
Sec.
49.
Section
123.49,
subsection
3,
Code
2022,
is
amended
28
to
read
as
follows:
29
3.
A
person
under
legal
age
shall
not
misrepresent
the
30
person’s
age
for
the
purpose
of
purchasing
or
attempting
31
to
purchase
any
alcoholic
beverage
from
any
liquor
control
32
retail
alcohol
licensee
or
wine
or
beer
permittee
.
If
any
33
person
under
legal
age
misrepresents
the
person’s
age,
and
34
the
licensee
or
permittee
establishes
that
the
licensee
or
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permittee
made
reasonable
inquiry
to
determine
whether
the
1
prospective
purchaser
was
over
legal
age,
the
licensee
or
2
permittee
is
not
guilty
of
selling
alcoholic
beverages
to
a
3
person
under
legal
age.
4
Sec.
50.
Section
123.49,
subsection
4,
Code
2022,
is
amended
5
by
striking
the
subsection.
6
Sec.
51.
Section
123.50,
subsections
1,
2,
4,
and
5,
Code
7
2022,
are
amended
to
read
as
follows:
8
1.
Any
person
who
violates
any
of
the
provisions
of
section
9
123.49
,
except
section
123.49,
subsection
2
,
paragraph
“h”
,
10
or
who
fails
to
affix
upon
sale,
defaces,
or
fails
to
record
11
a
keg
identification
sticker
label
or
produce
a
record
of
keg
12
identification
stickers
labels
pursuant
to
section
123.138
,
13
shall
be
guilty
of
a
simple
misdemeanor.
A
person
who
violates
14
section
123.49,
subsection
2
,
paragraph
“h”
,
commits
a
simple
15
misdemeanor
punishable
as
a
scheduled
violation
under
section
16
805.8C,
subsection
2
.
17
2.
The
conviction
of
any
liquor
control
retail
alcohol
18
licensee
or
wine
or
beer
permittee
for
a
violation
of
any
of
19
the
provisions
of
section
123.49
,
subject
to
subsection
3
of
20
this
section
,
is
grounds
for
the
suspension
or
revocation
of
21
the
license
or
permit
by
the
division
or
the
local
authority.
22
However,
if
any
liquor
control
retail
alcohol
licensee
is
23
convicted
of
any
violation
of
section
123.49,
subsection
2
,
24
paragraph
“a”
,
“d”
,
or
“e”
,
or
any
wine
or
beer
permittee
retail
25
alcohol
licensee,
excluding
a
special
class
“B”
or
class
“D”
26
retail
alcohol
licensee,
is
convicted
of
a
violation
of
section
27
123.49,
subsection
2
,
paragraph
“a”
or
“e”
“d”
,
the
liquor
28
control
retail
alcohol
license
or
wine
or
beer
permit
shall
be
29
revoked
and
shall
immediately
be
surrendered
by
the
holder,
30
and
the
bond,
if
any,
of
the
license
or
permit
holder
shall
be
31
forfeited
to
the
division.
However,
the
division
shall
retain
32
only
that
portion
of
the
bond
equal
to
the
amount
the
division
33
determines
the
license
or
permit
holder
owes
the
division.
34
4.
In
addition
to
any
other
penalties
imposed
under
this
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chapter
,
the
division
shall
assess
a
civil
penalty
up
to
1
the
amount
of
five
thousand
dollars
upon
a
class
“E”
liquor
2
control
retail
alcohol
licensee
when
the
class
“E”
liquor
3
retail
alcohol
license
is
revoked
for
a
violation
of
section
4
123.59
.
Failure
to
pay
the
civil
penalty
as
required
under
5
this
subsection
shall
result
in
forfeiture
of
the
bond
to
the
6
division.
However,
the
division
shall
retain
only
that
portion
7
of
the
bond
equal
to
the
amount
the
division
determines
the
8
license
or
permit
holder
owes
the
division.
9
5.
If
an
employee
of
a
liquor
control
retail
alcohol
10
licensee
or
wine
or
beer
permittee
violates
section
123.49,
11
subsection
2
,
paragraph
“h”
,
the
licensee
or
permittee
shall
12
not
be
assessed
a
penalty
under
subsection
3
,
and
the
violation
13
shall
be
deemed
not
to
be
a
violation
of
section
123.49,
14
subsection
2
,
paragraph
“h”
,
for
the
purpose
of
determining
15
the
number
of
violations
for
which
a
penalty
may
be
assessed
16
pursuant
to
subsection
3
,
if
the
employee
holds
a
valid
17
certificate
of
completion
of
the
alcohol
compliance
employee
18
training
program
pursuant
to
section
123.50A
at
the
time
of
the
19
violation,
and
if
the
violation
involves
selling,
giving,
or
20
otherwise
supplying
any
alcoholic
beverage
to
a
person
between
21
the
ages
of
eighteen
and
twenty
years
of
age.
A
violation
22
involving
a
person
under
the
age
of
eighteen
years
of
age
23
shall
not
qualify
for
the
bar
against
assessment
of
a
penalty
24
pursuant
to
subsection
3
,
for
a
violation
of
section
123.49,
25
subsection
2
,
paragraph
“h”
.
A
licensee
or
permittee
may
assert
26
only
once
in
a
four-year
period
the
bar
under
this
subsection
27
against
assessment
of
a
penalty
pursuant
to
subsection
3
,
for
a
28
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
that
29
takes
place
at
the
same
place
of
business
location.
30
Sec.
52.
Section
123.50,
subsection
3,
unnumbered
paragraph
31
1,
Code
2022,
is
amended
to
read
as
follows:
32
If
any
liquor
control
retail
alcohol
licensee
,
wine
or
33
beer
permittee,
or
employee
of
a
licensee
or
permittee
is
34
convicted
or
found
in
violation
of
section
123.49,
subsection
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2
,
paragraph
“h”
,
the
administrator
or
local
authority
shall,
1
in
addition
to
criminal
penalties
fixed
for
violations
by
this
2
section
,
assess
a
civil
penalty
as
follows:
3
Sec.
53.
Section
123.92,
subsection
2,
paragraphs
a
and
c,
4
Code
2022,
are
amended
to
read
as
follows:
5
a.
Every
liquor
control
retail
alcohol
licensee,
class
“B”
6
beer
permittee,
and
class
“C”
native
wine
permittee,
except
7
a
class
“B”,
special
class
“B”,
or
class
“E”
liquor
control
8
retail
alcohol
licensee,
shall
furnish
proof
of
financial
9
responsibility
by
the
existence
of
a
liability
insurance
10
policy
in
an
amount
determined
by
the
division.
If
an
insurer
11
provides
dramshop
liability
insurance
at
a
new
location
to
12
a
licensee
or
permittee
who
has
a
positive
loss
experience
13
at
other
locations
for
which
such
insurance
is
provided
by
14
the
insurer,
and
the
insurer
bases
premium
rates
at
the
new
15
location
on
the
negative
loss
history
of
the
previous
licensee
16
or
permittee
at
that
location,
the
insurer
shall
examine
and
17
consider
adjusting
the
premium
for
the
new
location
not
less
18
than
thirty
months
after
the
insurance
is
issued,
based
on
the
19
loss
experience
of
the
licensee
or
permittee
at
that
location
20
during
that
thirty-month
period
of
time.
21
c.
The
purpose
of
dramshop
liability
insurance
is
to
provide
22
protection
for
members
of
the
public
who
experience
damages
23
as
a
result
of
licensees
or
permittees
serving
patrons
any
24
alcoholic
beverage
to
a
point
that
reaches
or
exceeds
the
25
standard
set
forth
in
law
for
liability.
Minimum
coverage
26
requirements
for
such
insurance
are
not
for
the
purpose
of
27
making
the
insurance
affordable
for
all
licensees
or
permittees
28
regardless
of
claims
experience.
A
dramshop
liability
29
insurance
policy
obtained
by
a
licensee
or
permittee
shall
meet
30
the
minimum
insurance
coverage
requirements
as
determined
by
31
the
division
and
is
a
mandatory
condition
for
holding
a
license
32
or
permit
.
33
Sec.
54.
Section
123.92,
subsection
3,
paragraphs
a
and
b,
34
Code
2022,
are
amended
to
read
as
follows:
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a.
Notwithstanding
section
123.49,
subsection
1
,
any
1
person
who
is
injured
in
person
or
property
or
means
of
2
support
by
an
intoxicated
person
who
is
under
legal
age
or
3
resulting
from
the
intoxication
of
a
person
who
is
under
4
legal
age,
has
a
right
of
action
for
all
damages
actually
5
sustained,
severally
or
jointly,
against
a
person
who
is
6
not
a
licensee
or
permittee
and
who
dispensed
or
gave
any
7
alcoholic
beverage
to
the
intoxicated
underage
person
when
the
8
nonlicensee
or
nonpermittee
who
dispensed
or
gave
the
alcoholic
9
beverage
to
the
underage
person
knew
or
should
have
known
the
10
underage
person
was
intoxicated,
or
who
dispensed
or
gave
any
11
alcoholic
beverage
to
the
underage
person
to
a
point
where
the
12
nonlicensee
or
nonpermittee
knew
or
should
have
known
that
the
13
underage
person
would
become
intoxicated.
14
b.
If
the
injury
was
caused
by
an
intoxicated
person
who
is
15
under
legal
age,
a
person
who
is
not
a
licensee
or
permittee
16
and
who
dispensed
or
gave
the
alcoholic
beverage
to
the
17
underage
person
may
establish
as
an
affirmative
defense
that
18
the
intoxication
did
not
contribute
to
the
injurious
action
of
19
the
underage
person.
20
Sec.
55.
Section
123.95,
subsection
2,
paragraphs
a
and
c,
21
Code
2022,
are
amended
to
read
as
follows:
22
a.
The
holder
of
an
annual
class
“B”
liquor
control
license
23
or
an
annual
class
“C”
liquor
control
retail
alcohol
license
24
may
act
as
the
agent
of
a
private
social
host
for
the
purpose
25
of
providing
and
serving
alcoholic
beverages
as
part
of
a
food
26
catering
service
for
a
private
social
gathering
in
a
private
27
place,
provided
the
licensee
has
applied
for
and
been
granted
a
28
catering
privilege
by
the
division.
The
holder
of
an
annual
29
special
class
“C”
liquor
control
retail
alcohol
license
shall
30
not
act
as
the
agent
of
a
private
social
host
for
the
purpose
of
31
providing
and
serving
wine
and
beer
as
part
of
a
food
catering
32
service
for
a
private
social
gathering
in
a
private
place.
33
An
applicant
for
a
class
“B”
or
class
“C”
liquor
control
34
retail
alcohol
license
shall
state
on
the
application
for
the
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license
that
the
licensee
intends
to
engage
in
catering
food
1
and
alcoholic
beverages
for
private
social
gatherings
and
the
2
catering
privilege
shall
be
noted
on
the
license.
3
c.
Section
123.92
does
not
apply
to
a
liquor
control
retail
4
alcohol
licensee
who
acts
in
accordance
with
this
section
when
5
the
liquor
control
retail
alcohol
licensee
is
providing
and
6
serving
food
and
alcoholic
beverages
as
an
agent
of
a
private
7
social
host
at
a
private
social
gathering
in
a
private
place
8
which
is
not
on
the
licensed
premises.
9
Sec.
56.
Section
123.122,
subsection
1,
Code
2022,
is
10
amended
to
read
as
follows:
11
1.
A
person
shall
not
cause
the
manufacture,
importation,
12
or
sale
of
beer
in
this
state
unless
a
certificate
or
permit
as
13
provided
in
this
subchapter
,
or
a
liquor
control
retail
alcohol
14
license
as
provided
in
subchapter
I
of
this
chapter
,
is
first
15
obtained
which
authorizes
that
manufacture,
importation,
or
16
sale.
17
Sec.
57.
Section
123.124,
Code
2022,
is
amended
to
read
as
18
follows:
19
123.124
Beer
permits
——
classes.
20
Permits
for
the
manufacture
and
sale,
or
sale,
of
beer
shall
21
be
divided
into
four
classes,
known
as
class
“A”
,
and
special
22
class
“A”
,
class
“B”,
or
class
“C”
beer
permits
.
A
holder
of
23
a
class
“A”
or
special
class
“A”
beer
permit
shall
have
the
24
authority
as
provided
in
section
123.130
.
A
holder
of
a
class
25
“B”
beer
permit
shall
have
the
authority
as
provided
in
section
26
123.131
,
and
a
holder
of
a
class
“C”
beer
permit
shall
have
the
27
authority
as
provided
in
section
123.132
.
28
Sec.
58.
Section
123.125,
Code
2022,
is
amended
to
read
as
29
follows:
30
123.125
Issuance
of
beer
permits.
31
The
administrator
shall
issue
class
“A”
,
and
special
class
32
“A”
,
class
“B”,
and
class
“C”
beer
permits
and
may
suspend
or
33
revoke
permits
for
cause
as
provided
in
this
chapter
.
34
Sec.
59.
Section
123.127,
subsection
2,
paragraph
h,
Code
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2022,
is
amended
to
read
as
follows:
1
h.
If
the
person
is
applying
for
a
special
class
“A”
beer
2
permit,
that
the
applicant
holds
or
has
applied
for
a
class
“C”
3
liquor
control
or
special
class
“C”
retail
alcohol
license
or
4
class
“B”
beer
permit
.
5
Sec.
60.
Section
123.130,
subsection
1,
paragraph
a,
Code
6
2022,
is
amended
to
read
as
follows:
7
a.
Any
person
holding
a
class
“A”
beer
permit
issued
by
8
the
division
shall
be
authorized
to
manufacture
and
sell,
or
9
sell
at
wholesale,
beer
for
consumption
off
the
premises,
such
10
sales
within
the
state
to
be
made
only
to
persons
holding
a
11
subsisting
class
“A”
,
“B”,
or
“C”
beer
permits
permit
,
both
12
a
class
“C”
native
wine
permit
and
a
class
“A”
wine
permit
13
pursuant
to
section
123.178B,
subsection
4
,
or
liquor
control
14
retail
alcohol
licenses
,
excluding
a
special
class
“B”
retail
15
native
wine
license,
issued
in
accordance
with
the
provisions
16
of
this
chapter
.
However,
a
person
holding
a
class
“A”
beer
17
permit
issued
by
the
division
who
also
holds
a
brewer’s
notice
18
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
19
United
States
department
of
the
treasury
shall
be
authorized
20
to
sell,
at
wholesale,
no
more
than
thirty
thousand
barrels
of
21
beer
on
an
annual
basis
for
consumption
off
the
premises
to
a
22
licensee
or
permittee
authorized
under
this
chapter
to
sell
23
beer
at
retail.
24
Sec.
61.
Section
123.130,
subsections
2
and
4,
Code
2022,
25
are
amended
to
read
as
follows:
26
2.
Pursuant
to
section
123.45,
subsection
3
,
a
native
27
brewery
may
be
granted
not
more
than
two
class
“B”
beer
permits
28
as
defined
in
section
123.124
for
the
purpose
of
selling
29
beer
at
retail
for
consumption
on
or
off
the
premises
of
the
30
manufacturing
facility
class
“C”
retail
alcohol
licenses
.
31
4.
All
special
class
“A”
premises
shall
be
located
within
32
the
state.
A
person
who
holds
a
special
class
“A”
beer
permit
33
for
the
same
location
at
which
the
person
holds
a
class
“C”
34
liquor
control
or
special
class
“C”
retail
alcohol
license
or
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class
“B”
beer
permit
for
the
purpose
of
operating
as
a
brewpub
1
may
manufacture
and
sell
beer
to
be
consumed
on
the
premises,
2
may
sell
beer
at
retail
at
the
manufacturing
premises
for
3
consumption
off
the
premises
beer
that
is
transferred
at
the
4
time
of
sale
to
another
container
subject
to
the
requirements
5
of
section
123.131,
subsection
2
,
may
sell
beer
to
a
class
6
“A”
beer
permittee
for
resale
purposes,
and
may
sell
beer
to
7
distributors
outside
of
the
state
that
are
authorized
by
the
8
laws
of
that
jurisdiction
to
sell
beer
at
wholesale.
The
9
permit
issued
to
holders
of
a
special
class
“A”
beer
permit
10
shall
clearly
state
on
its
face
that
the
permit
is
limited.
11
Sec.
62.
Section
123.135,
subsection
4,
Code
2022,
is
12
amended
to
read
as
follows:
13
4.
It
shall
be
unlawful
for
any
holder
of
a
certificate
14
of
compliance
or
the
holder’s
agent,
or
any
class
“A”
beer
15
permit
holder
or
the
beer
permit
holder’s
agent,
to
grant
to
16
any
retail
beer
permit
alcohol
license
holder,
directly
or
17
indirectly,
any
rebates,
free
goods,
or
quantity
discounts
on
18
beer
which
are
not
uniformly
offered
to
all
retail
permittees
19
alcohol
licensees
.
20
Sec.
63.
Section
123.138,
subsection
1,
Code
2022,
is
21
amended
to
read
as
follows:
22
1.
Each
class
“A”
or
special
class
“A”
beer
permittee
23
shall
keep
proper
records
showing
the
amount
of
beer
sold
24
by
the
permittee,
and
these
records
shall
be
at
all
times
25
open
to
inspection
by
the
administrator
and
to
other
persons
26
pursuant
to
section
123.30,
subsection
1
.
Each
class
“B”
27
beer
permittee,
class
“C”
beer
permittee,
or
retail
liquor
28
control
alcohol
licensee
as
described
in
section
123.30
shall
29
keep
proper
records
showing
each
purchase
of
beer
made
by
the
30
permittee
or
licensee,
and
the
date
and
the
amount
of
each
31
purchase
and
the
name
of
the
person
from
whom
each
purchase
32
was
made,
which
records
shall
be
open
to
inspection
pursuant
33
to
section
123.30,
subsection
1
,
during
normal
business
hours
34
of
the
permittee
or
licensee.
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Sec.
64.
Section
123.138,
subsection
2,
paragraph
a,
Code
1
2022,
is
amended
to
read
as
follows:
2
a.
Each
class
“B”,
“C”,
or
special
class
“C”
liquor
control
3
retail
alcohol
licensee
and
class
“B”
or
“C”
beer
permittee
who
4
sells
beer
for
off-premises
consumption
shall
affix
to
each
5
keg
of
beer
an
identification
sticker
label
provided
by
the
6
administrator.
The
sticker
label
provided
shall
allow
for
its
7
full
removal
when
common
external
keg
cleaning
procedures
are
8
performed.
For
the
purposes
of
this
subsection
,
“keg”
means
9
all
durable
and
disposable
containers
with
a
liquid
capacity
10
of
five
gallons
or
more.
Each
class
“B”,
“C”,
or
special
class
11
“C”
liquor
control
retail
alcohol
licensee
and
class
“B”
or
“C”
12
beer
permittee
shall
also
keep
a
record
of
the
identification
13
sticker
label
number
of
each
keg
of
beer
sold
by
the
licensee
14
or
permittee
with
the
name
and
address
of
the
purchaser
and
15
the
number
of
the
purchaser’s
driver’s
license,
nonoperator’s
16
identification
card,
or
military
identification
card,
if
the
17
military
identification
card
contains
a
picture
and
signature.
18
This
information
shall
be
retained
by
the
licensee
or
permittee
19
for
a
minimum
of
ninety
days.
The
records
kept
pursuant
to
20
this
subsection
shall
be
available
for
inspection
by
any
law
21
enforcement
officer
during
normal
business
hours.
22
Sec.
65.
Section
123.138,
subsection
2,
paragraph
b,
Code
23
2022,
is
amended
to
read
as
follows:
24
b.
(1)
The
division
shall
provide
the
keg
identification
25
stickers
labels
described
in
paragraph
“a”
and
shall,
prior
to
26
utilizing
a
sticker
label
,
notify
licensed
brewers
and
licensed
27
beer
importers
of
the
type
of
sticker
label
to
be
utilized.
28
Each
sticker
label
shall
contain
a
number
and
the
following
29
statement:
30
It
is
unlawful
to
sell,
give,
or
otherwise
supply
any
31
alcoholic
beverage,
wine,
or
beer
to
any
person
under
legal
32
age.
Any
person
who
defaces
this
sticker
label
shall
be
guilty
33
of
criminal
mischief
punishable
pursuant
to
section
716.6
and
34
shall
cause
the
forfeiture
of
any
deposit,
if
applicable
.
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(2)
The
identification
sticker
label
shall
be
placed
on
1
the
keg
at
the
time
of
retail
sale.
The
licensee
or
permittee
2
shall
purchase
obtain
the
stickers
labels
referred
to
in
this
3
subsection
from
the
division
and
shall
remit
to
the
division
4
deposits
forfeited
pursuant
to
this
lettered
paragraph
due
to
5
defacement
.
The
cost
of
the
stickers
labels
to
licensees
and
6
permittees
shall
not
exceed
the
division’s
cost
of
producing
7
and
distributing
the
stickers
labels
.
The
moneys
collected
by
8
the
division
relating
to
the
sale
of
stickers
and
forfeited
9
deposits
labels
shall
be
credited
to
the
beer
and
liquor
10
control
fund.
11
Sec.
66.
Section
123.138,
subsection
2,
paragraph
d,
Code
12
2022,
is
amended
by
striking
the
paragraph.
13
Sec.
67.
Section
123.141,
Code
2022,
is
amended
to
read
as
14
follows:
15
123.141
Keeping
liquor
where
beer
is
sold.
16
No
alcoholic
liquor
for
beverage
purposes
shall
be
used,
17
or
kept
for
any
purpose
in
the
place
of
business
of
a
special
18
class
“B”
beer
permittees
“C”
retail
alcohol
licensee
,
or
on
19
the
premises
of
such
special
class
“B”
beer
permittees
“C”
20
retail
alcohol
licensee
,
at
any
time.
A
violation
of
any
21
provision
of
this
section
shall
be
grounds
for
suspension
or
22
revocation
of
the
beer
permit
pursuant
to
section
123.50,
23
subsection
3
.
This
section
shall
not
apply
in
any
manner
or
24
in
any
way
to
the
premises
of
any
hotel
or
motel
for
which
a
25
special
class
“B”
beer
permit
“C”
retail
alcohol
license
has
26
been
issued,
other
than
that
part
of
such
premises
regularly
27
used
by
the
hotel
or
motel
for
the
principal
purpose
of
selling
28
beer
or
food
to
the
general
public,
to
a
premises
for
which
29
both
a
class
“B”
beer
permit
and
a
class
“A”
native
distilled
30
spirits
license
have
been
issued,
or
to
keep
a
pharmacy
from
31
having
alcohol
in
stock
for
medicinal
and
compounding
purposes.
32
Sec.
68.
Section
123.142,
subsection
1,
Code
2022,
is
33
amended
to
read
as
follows:
34
1.
It
is
unlawful
for
the
holder
of
a
class
“B”
or
class
“C”
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beer
permit
retail
alcohol
license
issued
under
this
chapter
1
to
sell
beer,
except
beer
brewed
on
the
premises
covered
by
a
2
special
class
“A”
beer
permit
or
beer
purchased
from
a
person
3
holding
a
class
“A”
beer
permit
issued
in
accordance
with
this
4
chapter
,
and
on
which
the
tax
provided
in
section
123.136
has
5
been
paid.
However,
this
section
does
not
apply
to
class
“D”
6
liquor
control
retail
alcohol
licensees
as
provided
in
this
7
chapter
.
8
Sec.
69.
Section
123.143,
subsection
1,
Code
2022,
is
9
amended
by
striking
the
subsection.
10
Sec.
70.
Section
123.143,
subsection
2,
Code
2022,
is
11
amended
to
read
as
follows:
12
2.
All
permit
fees
collected
by
the
division
under
this
13
subchapter
shall
accrue
to
the
beer
and
liquor
control
fund,
14
except
as
otherwise
provided.
All
permit
fees
and
taxes
15
collected
by
the
division
under
this
subchapter
shall
accrue
to
16
the
state
general
fund,
except
as
otherwise
provided.
17
Sec.
71.
Section
123.171,
subsection
1,
Code
2022,
is
18
amended
to
read
as
follows:
19
1.
A
person
shall
not
cause
the
manufacture,
importation,
20
or
sale
of
wine
in
this
state
unless
a
certificate
or
permit
as
21
provided
in
this
subchapter
,
or
a
liquor
control
retail
alcohol
22
license
as
provided
in
subchapter
I
of
this
chapter
,
is
first
23
obtained
which
authorizes
that
manufacture,
importation,
or
24
sale.
25
Sec.
72.
Section
123.173,
Code
2022,
is
amended
to
read
as
26
follows:
27
123.173
Wine
permits
permit
——
classes
class
“A”
——
28
authority.
29
1.
Except
as
provided
in
section
123.187
,
permits
a
permit
30
exclusively
for
the
sale
or
manufacture
and
sale
of
wine
shall
31
be
divided
into
four
classes,
and
shall
be
known
as
a
class
32
“A”
,
“B”,
“B”
native,
or
“C”
native
wine
permits
permit
.
33
2.
A
class
“A”
wine
permit
allows
the
holder
to
manufacture
34
and
sell,
or
sell
at
wholesale,
in
this
state,
wine.
The
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holder
of
a
class
“A”
wine
permit
may
manufacture
in
this
state
1
wine
having
an
alcoholic
content
greater
than
seventeen
percent
2
by
weight
or
twenty-one
and
twenty-five
hundredths
percent
of
3
alcohol
by
volume
for
shipment
outside
this
state.
All
class
4
“A”
premises
shall
be
located
within
the
state.
A
class
“B”
or
5
class
“B”
native
wine
permit
allows
the
holder
to
sell
wine
at
6
retail
for
consumption
off
the
premises.
A
class
“B”
or
class
7
“B”
native
wine
permittee
who
also
holds
a
class
“E”
liquor
8
control
license
may
sell
wine
to
class
“A”,
class
“B”,
class
9
“C”,
special
class
“C”,
and
class
“D”
liquor
control
licensees
10
for
resale
for
consumption
on
the
premises.
Such
wine
sales
11
shall
be
in
quantities
of
less
than
one
case
of
any
wine
brand
12
but
not
more
than
one
such
sale
shall
be
made
to
the
same
liquor
13
control
licensee
in
a
twenty-four-hour
period.
A
class
“B”
or
14
class
“B”
native
wine
permittee
shall
not
sell
wine
to
other
15
class
“B”
or
class
“B”
native
wine
permittees.
A
class
“C”
16
native
wine
permit
allows
the
holder
to
sell
native
wine
for
17
consumption
on
or
off
the
premises.
18
3.
A
class
“A”
wine
permittee
shall
be
required
to
deliver
19
wine
to
a
retail
wine
permittee
alcohol
licensee
,
and
a
retail
20
wine
permittee
alcohol
licensee
shall
be
required
to
accept
21
delivery
of
wine
from
a
class
“A”
wine
permittee,
only
at
22
the
licensed
premises
of
the
retail
wine
permittee
alcohol
23
licensee
.
Except
as
specifically
permitted
by
the
division
24
upon
good
cause
shown,
delivery
or
transfer
of
wine
from
an
25
unlicensed
premises
to
a
licensed
retail
wine
permittee’s
26
alcohol
licensee’s
premises,
or
from
one
licensed
retail
wine
27
permittee’s
alcohol
licensee’s
premises
to
another
licensed
28
retail
wine
permittee’s
alcohol
licensee’s
premises,
even
if
29
there
is
common
ownership
of
all
of
the
premises
by
one
retail
30
permittee,
is
prohibited.
A
class
“B”
or
class
“B”
native
wine
31
permittee
who
also
holds
a
class
“E”
liquor
control
license
32
shall
keep
and
maintain
records
for
each
sale
of
wine
to
liquor
33
control
licensees
showing
the
name
of
the
establishment
to
34
which
wine
was
sold,
the
date
of
sale,
and
the
brands
and
35
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81
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2374
number
of
bottles
sold
to
the
liquor
control
licensee.
1
4.
When
a
class
“B”
or
class
“B”
native
wine
permittee
who
2
also
holds
a
class
“E”
liquor
control
license
sells
wine
to
a
3
liquor
control
licensee,
the
liquor
control
licensee
shall
sign
4
a
report
attesting
to
the
purchase.
The
class
“B”
or
class
“B”
5
native
wine
permittee
who
also
holds
a
class
“E”
liquor
control
6
license
shall
submit
a
report
to
the
division
electronically,
7
or
in
a
manner
prescribed
by
the
administrator,
not
later
than
8
the
tenth
of
each
month
stating
each
sale
of
wine
to
liquor
9
control
licensees
during
the
preceding
month,
the
date
of
each
10
sale,
and
the
brands
and
numbers
of
bottles
with
each
sale.
11
A
class
“B”
permittee
who
holds
a
class
“E”
liquor
control
12
license
may
sell
to
class
“A”,
class
“B”,
or
class
“C”
liquor
13
control
licensees
only
if
the
licensed
premises
of
the
liquor
14
control
licensee
is
located
within
the
geographic
territory
of
15
the
class
“A”
wine
permittee
from
which
the
wine
was
originally
16
purchased
by
the
class
“B”
or
class
“B”
native
wine
permittee.
17
Sec.
73.
Section
123.173A,
Code
2022,
is
amended
by
striking
18
the
section
and
inserting
in
lieu
thereof
the
following:
19
123.173A
Charity
beer,
spirits,
and
wine
special
event
20
license.
21
1.
For
purposes
of
this
section:
22
a.
“Authorized
nonprofit
entity”
includes
a
nonprofit
23
entity
which
has
a
principal
office
in
the
state,
a
nonprofit
24
corporation
organized
under
chapter
504,
or
a
foreign
25
corporation
as
defined
in
section
504.141,
whose
income
is
26
exempt
from
federal
taxation
under
section
501(c)
of
the
27
Internal
Revenue
Code.
28
b.
“Charity
auction”
means
an
auction
conducted
by
an
29
authorized
nonprofit
entity
which
includes
beer,
spirits,
and
30
wine.
31
c.
“Charity
event”
means
an
event
at
which
an
authorized
32
nonprofit
entity
may
serve
the
event’s
attendees
beer,
33
spirits,
and
wine
for
consumption
on
the
premises
of
the
event,
34
regardless
of
whether
the
entity
charges
an
admission
fee
to
35
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the
event
or
otherwise
collects
the
cost
of
the
beer,
spirits,
1
and
wine
served
from
the
event’s
attendees.
2
d.
“Charity
special
event”
means
a
charity
auction,
charity
3
event,
or
a
combined
charity
auction
and
charity
event.
4
2.
Upon
application
to
the
division
and
receipt
of
a
charity
5
beer,
spirits,
and
wine
special
event
license,
an
authorized
6
nonprofit
entity
may
conduct
a
charity
special
event
subject
to
7
the
requirements
of
this
section.
8
3.
A
charity
auction
conducted
by
a
charity
beer,
spirits,
9
and
wine
special
event
licensee
shall
comply
with
the
following
10
requirements:
11
a.
The
authorized
nonprofit
entity
conducting
the
charity
12
auction
shall
obtain
the
beer,
spirits,
and
wine
to
be
13
auctioned
at
the
charity
auction
from
an
Iowa
retail
alcohol
14
licensee,
or
may
receive
donations
of
beer,
spirits,
or
wine
to
15
be
auctioned
at
the
charity
auction
from
persons
who
purchased
16
the
donated
beer,
spirits,
or
wine
from
an
Iowa
retail
alcohol
17
licensee
or
an
Iowa
class
“A”
native
distilled
spirits
licensee
18
and
who
present
a
receipt
documenting
the
purchase
at
the
19
time
the
beer,
spirits,
or
wine
is
donated.
The
authorized
20
nonprofit
entity
conducting
the
charity
auction
shall
retain
a
21
copy
of
the
receipt
for
a
period
of
one
year
from
the
date
of
22
the
charity
beer,
spirits,
and
wine
auction.
23
b.
The
beer,
spirits,
and
wine
sold
at
the
charity
auction
24
shall
be
in
original
containers
for
consumption
off
of
the
25
premises
where
the
charity
auction
is
conducted.
No
other
26
alcoholic
beverage
may
be
sold
by
the
charity
beer,
spirits,
27
and
wine
special
event
licensee
at
the
charity
auction.
A
28
purchaser
of
beer,
spirits,
or
wine
at
a
charity
auction
shall
29
not
take
possession
of
the
beer,
spirits,
or
wine
until
the
30
person
is
leaving
the
event.
A
purchaser
of
beer,
spirits,
31
or
wine
at
a
charity
auction
shall
not
open
the
container
or
32
consume
or
permit
the
consumption
of
the
beer,
spirits,
or
33
wine
purchased
on
the
premises
where
the
charity
auction
is
34
conducted.
A
purchaser
of
beer,
spirits,
or
wine
at
a
charity
35
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auction
shall
not
resell
the
beer,
spirits,
or
wine.
1
c.
A
retail
alcohol
licensee
or
class
“A”
native
distilled
2
spirits
licensee
shall
not
purchase
beer,
spirits,
or
wine
at
3
a
charity
auction.
The
charity
auction
may
be
conducted
on
4
a
premises
for
which
a
class
“B”
or
class
“C”
retail
alcohol
5
license
has
been
issued,
provided
that
the
retail
alcohol
6
licensee
does
not
participate
in
the
charity
auction,
supply
7
beer,
spirits,
or
wine
to
be
auctioned
at
the
charity
auction,
8
or
receive
any
of
the
proceeds
of
the
charity
auction.
9
4.
A
charity
event
conducted
by
a
charity
beer,
spirits,
10
and
wine
special
event
licensee
shall
comply
with
the
following
11
requirements:
12
a.
The
charity
event
shall
be
conducted
on
a
premises
13
covered
by
a
valid
retail
alcohol
license
issued
by
the
14
division.
15
b.
The
authorized
nonprofit
entity
conducting
a
charity
16
event
shall
have
a
written
agreement
with
the
retail
alcohol
17
licensee
covering
the
premises
where
the
charity
event
is
to
be
18
conducted
specifying
that
that
licensee
shall
act
as
the
agent
19
of
the
authorized
nonprofit
entity
for
the
purpose
of
providing
20
and
serving
alcoholic
beverages
to
the
attendees
of
the
charity
21
event.
22
c.
The
retail
alcohol
licensee
covering
the
premises
where
23
the
charity
event
is
to
be
conducted
shall
supply
all
alcoholic
24
beverages
served
to
the
attendees
of
the
charity
event.
25
d.
Only
those
types
of
alcoholic
beverages
as
are
authorized
26
to
be
sold
by
the
retail
alcohol
license
covering
the
premises
27
where
the
charity
event
is
to
be
conducted
are
to
be
served
to
28
the
attendees
of
the
charity
event.
29
5.
An
application
for
a
charity
beer,
spirits,
and
wine
30
special
event
license
to
conduct
a
charity
special
event
shall
31
include
all
of
the
following
information:
32
a.
The
date
and
time
when
the
charity
special
event
is
to
be
33
conducted
and
the
location
of
the
premises
in
this
state
where
34
the
charity
special
event
is
to
be
physically
conducted.
35
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b.
The
retail
alcohol
license
number
issued
by
the
division
1
for
the
premises
where
a
charity
event
is
to
be
conducted,
if
2
applicable.
3
c.
A
certification
that
the
objective
of
the
charity
special
4
event
is
to
raise
funds
solely
to
be
used
for
educational,
5
religious,
or
charitable
purposes
and
that
the
entire
proceeds
6
from
the
charity
special
event
are
to
be
expended
for
any
of
7
the
purposes
described
in
section
423.3,
subsection
78.
8
6.
An
authorized
nonprofit
entity
shall
be
eligible
to
9
receive
no
more
than
two
charity
beer,
spirits,
and
wine
10
special
event
licenses
during
a
calendar
year
and
each
charity
11
beer,
spirits,
and
wine
special
event
license
shall
be
valid
12
for
a
period
not
to
exceed
thirty-six
consecutive
hours.
13
7.
Any
violation
of
the
requirements
of
this
chapter
or
14
the
rules
adopted
pursuant
to
this
chapter
shall
subject
15
the
charity
beer,
spirits,
and
wine
special
event
license
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
license,
or
revocation
of
the
permit
after
19
notice
and
opportunity
for
a
hearing
pursuant
to
section
123.39
20
and
chapter
17A.
21
Sec.
74.
Section
123.175,
subsection
1,
unnumbered
22
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
23
A
person
applying
for
a
class
“A”
or
retail
wine
permit
shall
24
submit
a
completed
application
electronically,
or
in
a
manner
25
prescribed
by
the
administrator,
which
shall
set
forth
under
26
oath
the
following:
27
Sec.
75.
Section
123.175,
subsection
1,
paragraph
e,
Code
28
2022,
is
amended
to
read
as
follows:
29
e.
When
required
by
the
administrator,
and
in
such
form
and
30
containing
such
information
as
the
administrator
may
require,
31
a
description
of
the
premises
where
the
applicant
intends
to
32
use
the
permit,
to
include
a
sketch
or
drawing
of
the
premises
33
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
34
space
which
comprises
the
retail
sales
area
of
the
premises
.
35
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Sec.
76.
Section
123.175,
subsection
2,
unnumbered
1
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
2
The
administrator
shall
issue
a
class
“A”
or
retail
wine
3
permit
to
any
applicant
who
establishes
all
of
the
following:
4
Sec.
77.
Section
123.175,
subsection
2,
paragraphs
d
and
g,
5
Code
2022,
are
amended
to
read
as
follows:
6
d.
That
,
in
the
case
of
a
class
“A”
wine
permit,
the
7
applicant
has
filed
with
the
division
a
basic
permit
issued
8
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
9
States
department
of
the
treasury,
and
that
the
applicant
will
10
faithfully
observe
and
comply
with
all
the
laws,
rules,
and
11
regulations
governing
the
manufacture
and
sale
of
wine.
12
g.
That
the
applicant
has
submitted
,
in
the
case
of
a
class
13
“A”
wine
permit,
a
bond
in
the
amount
of
five
thousand
dollars
14
in
a
manner
prescribed
by
the
administrator
with
good
and
15
sufficient
sureties
to
be
approved
by
the
division
conditioned
16
upon
compliance
with
this
chapter
.
17
Sec.
78.
Section
123.176,
subsections
2,
5,
and
7,
Code
18
2022,
are
amended
to
read
as
follows:
19
2.
Native
wine
may
be
sold
at
retail
for
off-premises
20
consumption
when
sold
on
the
premises
of
the
manufacturer,
or
21
in
a
retail
establishment
operated
by
the
manufacturer.
Sales
22
may
also
be
made
to
class
“A”
or
retail
wine
permittees
or
23
liquor
control
alcohol
licensees
as
authorized
by
sections
24
123.173
123.30
and
123.177
.
A
manufacturer
of
native
wines
25
shall
not
sell
the
wines
other
than
as
permitted
in
this
26
chapter
and
shall
not
allow
wine
sold
to
be
consumed
upon
the
27
premises
of
the
manufacturer.
However,
prior
to
sale,
native
28
wines
may
be
tasted
pursuant
to
the
rules
of
the
division
29
on
the
premises
where
made,
when
no
charge
is
made
for
the
30
tasting.
31
5.
Notwithstanding
any
other
provision
of
this
chapter
,
a
32
person
engaged
in
the
business
of
manufacturing
native
wine
33
may
sell
native
wine
at
retail
for
consumption
on
the
premises
34
of
the
manufacturing
facility
by
applying
for
be
granted
a
35
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class
“C”
native
wine
permit
retail
alcohol
license
as
provided
1
defined
in
section
123.178B
123.30
.
A
manufacturer
of
native
2
wine
may
be
granted
not
more
than
two
class
“C”
native
wine
3
permits
retail
alcohol
licenses
.
A
manufacturer
of
native
wine
4
may
be
issued
a
class
“C”
native
wine
permit
retail
alcohol
5
license
regardless
of
whether
the
manufacturer
is
also
a
6
manufacturer
of
beer
pursuant
to
a
class
“A”
beer
permit
or
a
7
manufacturer
of
native
distilled
spirits
pursuant
to
a
class
8
“A”
native
distilled
spirits
license.
9
7.
A
manufacturer
may
use
the
space
and
equipment
of
another
10
manufacturer
for
the
purpose
of
manufacturing
native
wine,
11
provided
that
such
an
alternating
proprietorship
arrangement
12
is
approved
by
the
alcohol
and
tobacco
tax
and
trade
bureau
13
of
the
United
States
department
of
the
treasury.
A
separate
14
class
“A”
wine
permit
shall
be
issued
to
each
manufacturer,
15
and
each
manufacturer
shall
be
subject
to
the
provisions
of
16
this
chapter
and
the
rules
of
the
division.
Notwithstanding
17
subsection
5
,
not
more
than
one
class
“C”
native
wine
permit
18
retail
alcohol
license
shall
be
issued
to
a
premises
with
19
alternating
proprietorships.
20
Sec.
79.
Section
123.177,
subsection
1,
Code
2022,
is
21
amended
to
read
as
follows:
22
1.
A
person
holding
a
class
“A”
wine
permit
may
manufacture
23
and
sell,
or
sell
at
wholesale,
wine
for
consumption
off
the
24
premises.
Sales
within
the
state
may
be
made
only
to
persons
25
holding
a
class
“A”
or
“B”
wine
permit
and
to
persons
holding
a
26
retail
liquor
control
alcohol
license.
However,
if
the
person
27
holding
the
class
“A”
permit
is
a
manufacturer
of
native
wine,
28
the
person
may
sell
only
native
wine
to
a
person
holding
a
29
retail
wine
permit
or
a
retail
liquor
control
alcohol
license.
30
A
person
holding
a
class
“A”
wine
permit
may
sell
wine
to
31
distributors
outside
of
the
state
that
are
authorized
by
the
32
laws
of
that
jurisdiction
to
sell
wine
at
wholesale.
A
class
33
“A”
wine
permittee
having
more
than
one
place
of
business
shall
34
obtain
a
separate
permit
for
each
place
of
business
where
wine
35
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2374
is
to
be
manufactured,
stored,
warehoused,
or
sold.
1
Sec.
80.
Section
123.177,
subsection
3,
Code
2022,
is
2
amended
by
striking
the
subsection.
3
Sec.
81.
Section
123.180,
subsection
4,
Code
2022,
is
4
amended
to
read
as
follows:
5
4.
It
is
unlawful
for
a
holder
of
a
vintner’s
certificate
6
of
compliance
or
the
holder’s
agent,
or
any
class
“A”
wine
7
permittee
or
the
permittee’s
agent,
to
discriminate
between
8
class
“B”
wine
permittees
class
“B”,
special
class
“B”,
and
9
class
“E”
retail
alcohol
licensees
authorized
to
sell
wine
at
10
retail.
11
Sec.
82.
Section
123.181,
subsection
1,
Code
2022,
is
12
amended
by
striking
the
subsection.
13
Sec.
83.
Section
123.181,
subsection
2,
Code
2022,
is
14
amended
to
read
as
follows:
15
2.
A
class
“A”
wine
permittee
shall
not
sell
wine
on
16
credit
to
a
retail
alcohol
licensee
or
permittee
for
a
period
17
exceeding
thirty
days
from
date
of
delivery.
18
Sec.
84.
Section
123.187,
subsection
2,
paragraph
a,
Code
19
2022,
is
amended
to
read
as
follows:
20
a.
Only
a
wine
manufacturer
that
holds
a
wine
direct
shipper
21
permit
issued
pursuant
to
this
section
shall
sell
wine
at
22
retail
for
direct
shipment
to
any
person
within
this
state.
23
This
section
shall
not
prohibit
an
authorized
retail
licensee
24
or
permittee
from
delivering
wine
pursuant
to
section
123.46A
.
25
Sec.
85.
Section
123.187,
subsection
2,
paragraph
d,
Code
26
2022,
is
amended
by
striking
the
paragraph.
27
Sec.
86.
Section
125.59,
unnumbered
paragraph
1,
Code
2022,
28
is
amended
to
read
as
follows:
29
The
treasurer
of
state,
on
each
July
1
for
that
fiscal
30
year,
shall
transfer
the
estimated
amounts
to
be
received
from
31
section
123.36,
subsection
8
and
section
123.143,
subsection
1
32
for
purposes
of
this
section
to
the
department.
33
Sec.
87.
REPEAL.
Sections
123.97,
123.123,
123.150,
34
123.172,
123.173B,
and
123.185,
Code
2022,
are
repealed.
35
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Sec.
88.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
1
effect
January
1,
2023.
2
DIVISION
IV
3
CONFORMING
CHANGES
4
Sec.
89.
Section
7D.16,
Code
2022,
is
amended
to
read
as
5
follows:
6
7D.16
Alcoholic
beverages
in
state
capitol
or
on
complex
7
grounds.
8
Notwithstanding
any
contrary
provision
of
law
prohibiting
9
the
use
and
consumption
of
alcoholic
beverages
in
a
public
10
place,
the
executive
council
may
authorize,
by
resolution,
11
the
temporary
use
and
consumption
of
alcoholic
beverages,
12
as
defined
in
section
123.3
,
in
the
state
capitol
or
on
the
13
state
capitol
complex
grounds,
as
if
the
state
capitol
or
14
state
capitol
complex
grounds
were
a
private
place.
The
15
authorization
by
resolution
shall
be
limited
to
the
use
and
16
consumption
of
alcoholic
beverages
as
an
accompaniment
to
food
17
at
a
single
award
ceremony,
social
event,
or
other
occasion
18
deemed
appropriate
by
the
executive
council.
The
authorization
19
shall
require
that
the
person
providing
the
food
and
alcoholic
20
beverages
possess
an
appropriate
liquor
control
retail
alcohol
21
license
in
accordance
with
section
123.95
.
The
secretary
22
of
the
executive
council
shall
inform
the
secretary
of
the
23
legislative
council
and
the
director
of
the
department
of
24
administrative
services
of
the
approval
of
any
such
resolution.
25
Sec.
90.
Section
12.43,
subsection
5,
paragraph
e,
Code
26
2022,
is
amended
to
read
as
follows:
27
e.
Liquor,
beer,
and
wine
sales
must
not
exceed
twenty
28
percent
of
annual
sales
for
establishments
holding
a
class
29
“C”
liquor
retail
alcohol
license
issued
pursuant
to
section
30
123.30
.
31
Sec.
91.
Section
99B.3,
subsection
2,
Code
2022,
is
amended
32
to
read
as
follows:
33
2.
A
person
whose
license
is
revoked
under
this
section
34
who
is
a
person
for
whom
a
class
“A”,
class
“B”,
class
“C”,
or
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class
“D”
liquor
control
retail
alcohol
license
has
been
issued
1
pursuant
to
chapter
123
shall
have
the
person’s
liquor
control
2
retail
alcohol
license
suspended
for
a
period
of
fourteen
days
3
in
the
same
manner
as
provided
in
section
123.50,
subsection
4
3
,
paragraph
“a”
.
5
Sec.
92.
Section
99B.3,
subsection
3,
Code
2022,
is
amended
6
by
striking
the
subsection.
7
Sec.
93.
Section
99B.43,
subsection
1,
unnumbered
paragraph
8
1,
Code
2022,
is
amended
to
read
as
follows:
9
Social
gambling
is
lawful
on
the
premises
of
an
10
establishment
for
which
a
class
“A”,
class
“B”,
class
“C”,
11
special
class
“C”,
or
class
“D”
liquor
control
,
class
“E”,
or
12
class
“F”
retail
alcohol
license
,
or
class
“B”
beer
permit
13
has
been
issued
pursuant
to
chapter
123
when,
subject
to
the
14
provisions
of
section
99B.42
,
all
of
the
following
requirements
15
are
met:
16
Sec.
94.
Section
99B.43,
subsection
1,
paragraph
a,
Code
17
2022,
is
amended
to
read
as
follows:
18
a.
The
liquor
control
retail
alcohol
licensee
or
beer
19
permittee
has
submitted
an
application
for
a
social
gambling
20
license
and
a
license
fee
of
one
hundred
fifty
dollars
to
the
21
department,
and
a
license
has
been
issued.
22
Sec.
95.
Section
99B.43,
subsection
2,
unnumbered
paragraph
23
1,
Code
2022,
is
amended
to
read
as
follows:
24
A
liquor
control
retail
alcohol
licensee
or
beer
permittee
25
with
a
social
gambling
license
issued
pursuant
to
this
section
26
may
conduct
a
sports
betting
pool
if
all
of
the
requirements
of
27
this
subsection
are
met.
28
Sec.
96.
Section
99B.43,
subsection
3,
Code
2022,
is
amended
29
to
read
as
follows:
30
3.
An
establishment
issued
a
social
gambling
license
under
31
this
section
that
is
required
to
obtain
a
new
liquor
retail
32
alcohol
license
or
permit
under
chapter
123
due
to
a
change
in
33
ownership
shall
be
required
to
obtain
a
new
social
gambling
34
license
under
this
section
to
conduct
social
gambling.
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Sec.
97.
Section
99B.53,
subsections
2,
3,
4,
and
13,
Code
1
2022,
are
amended
to
read
as
follows:
2
2.
Except
as
provided
in
subsection
3
,
an
electrical
or
3
mechanical
amusement
device
requiring
registration
may
be
4
located
on
premises
for
which
a
class
“A”,
class
“B”,
class
5
“C”,
special
class
“C”,
or
class
“D”
liquor
control
,
class
“E”,
6
or
class
“F”
retail
alcohol
license
has
been
issued
pursuant
7
to
chapter
123
.
8
3.
a.
An
electrical
or
mechanical
amusement
device
9
requiring
registration
may
be
located
on
premises
for
which
a
10
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
11
has
been
issued
pursuant
to
chapter
123
,
but
the
department
12
shall
not
initially
register
an
electrical
or
mechanical
13
amusement
device
to
an
owner
or
distributor
for
a
location
for
14
which
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
15
license
has
been
issued
pursuant
to
chapter
123
on
or
after
16
April
28,
2004.
17
b.
A
distributor
that
owns
an
amusement
device
at
a
location
18
for
which
only
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
19
alcohol
license
has
been
issued
pursuant
to
chapter
123
shall
20
not
relocate
an
amusement
device
registered
as
provided
in
21
this
section
to
a
location
other
than
a
location
for
which
a
22
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
23
“D”
liquor
,
class
“E”,
or
class
“F”
retail
alcohol
license
has
24
been
issued
and
shall
not
transfer,
assign,
sell,
or
lease
an
25
amusement
device
registered
as
provided
in
this
section
to
26
another
person
for
which
only
a
class
“B”
or
class
“C”
beer
27
permit
“E”
retail
alcohol
license
has
been
issued
pursuant
to
28
chapter
123
after
April
28,
2004.
29
c.
If
ownership
of
the
location
changes,
the
class
“B”
30
or
class
“C”
beer
permit
“E”
retail
alcohol
license
does
not
31
lapse,
and
the
device
is
not
removed
from
the
location,
the
32
device
may
remain
at
the
location.
33
4.
An
electrical
or
mechanical
amusement
device
required
34
to
be
registered
and
at
a
location
for
which
only
a
class
“B”
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or
class
“C”
beer
permit
“E”
retail
alcohol
license
has
been
1
issued
pursuant
to
chapter
123
shall
include
on
the
device
2
a
security
mechanism
which
prevents
the
device
from
being
3
operated
by
a
person
until
action
is
taken
by
the
owner
or
4
owner’s
designee
to
allow
the
person
to
operate
the
device.
5
13.
A
person
owning
or
leasing
an
electrical
or
mechanical
6
amusement
device
required
to
be
registered
by
this
section
7
shall
not
relocate
and
place
into
operation
an
amusement
8
device
in
any
location
other
than
a
location
which
has
been
9
issued
an
appropriate
liquor
control
retail
alcohol
license
in
10
good
standing
and
to
which
the
device
has
been
appropriately
11
registered
with
the
department.
12
Sec.
98.
Section
99B.55,
subsection
2,
Code
2022,
is
amended
13
to
read
as
follows:
14
2.
a.
A
person
who
commits
an
offense
of
awarding
a
cash
15
prize
of
fifty
dollars
or
less
in
violation
of
section
99B.52,
16
subsection
3
,
pursuant
to
rules
adopted
by
the
department,
17
shall
be
subject
to
a
civil
penalty
in
the
amount
of
two
18
hundred
fifty
dollars.
Additional
sanctions
beyond
the
civil
19
penalty
prescribed
by
this
paragraph,
including
but
not
limited
20
to
the
suspension
or
revocation
of
any
liquor
control
retail
21
alcohol
license
issued
pursuant
to
chapter
123
or
registration
22
issued
pursuant
to
section
99B.53
or
99B.56
,
shall
not
be
23
applicable.
24
b.
A
person
who
commits,
within
two
years,
a
second
offense
25
of
awarding
a
cash
prize
of
fifty
dollars
or
less
in
violation
26
of
section
99B.52,
subsection
3
,
or
a
person
who
commits
an
27
offense
of
awarding
a
cash
prize
of
more
than
fifty
dollars
in
28
violation
of
section
99B.52,
subsection
3
,
pursuant
to
rules
29
adopted
by
the
department,
shall
be
subject
to
revocation
of
30
the
person’s
registration
and
the
following:
31
(1)
If
the
person
whose
registration
is
revoked
under
this
32
paragraph
“b”
is
a
person
for
which
a
class
“A”,
class
“B”,
33
class
“C”,
special
class
“C”,
or
class
“D”
liquor
control
,
34
class
“E”,
or
class
“F”
retail
alcohol
license
has
been
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issued
pursuant
to
chapter
123
,
the
person’s
liquor
control
1
retail
alcohol
license
shall
be
suspended
for
a
period
of
2
fourteen
days
in
the
same
manner
as
provided
in
section
123.50,
3
subsection
3
,
paragraph
“a”
.
4
(2)
If
the
person
whose
registration
is
revoked
under
this
5
paragraph
“b”
is
a
person
for
which
only
a
class
“B”
or
class
6
“C”
beer
permit
“E”
retail
alcohol
license
has
been
issued
7
pursuant
to
chapter
123
,
the
person’s
class
“B”
or
class
“C”
8
beer
permit
“E”
retail
alcohol
license
shall
be
suspended
for
9
a
period
of
fourteen
days
in
the
same
manner
as
provided
in
10
section
123.50,
subsection
3
,
paragraph
“a”
.
11
(3)
If
a
person
owning
or
employed
by
an
establishment
12
having
a
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
13
or
class
“D”
liquor
control
,
class
“E”,
or
class
“F”
retail
14
alcohol
license
issued
pursuant
to
chapter
123
commits
an
15
offense
as
provided
in
this
paragraph
“b”
,
the
liquor
control
16
retail
alcohol
license
of
the
establishment
shall
be
suspended
17
for
a
period
of
fourteen
days
in
the
same
manner
as
provided
in
18
section
123.50,
subsection
3
,
paragraph
“a”
.
19
(4)
If
a
person
owning
or
employed
by
an
establishment
20
having
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
21
license
issued
pursuant
to
chapter
123
commits
an
offense
as
22
provided
in
this
paragraph
“b”
,
the
beer
permit
retail
alcohol
23
license
of
the
establishment
shall
be
suspended
for
a
period
of
24
fourteen
days
in
the
same
manner
as
provided
in
section
123.50,
25
subsection
3
,
paragraph
“a”
.
26
Sec.
99.
Section
137F.1,
subsection
9,
paragraph
c,
Code
27
2022,
is
amended
to
read
as
follows:
28
c.
A
premises
covered
by
a
class
“A”
wine
permit
or
a
class
29
“B”
wine
permit
as
provided
in
chapter
123
.
30
Sec.
100.
Section
331.303,
subsection
4,
Code
2022,
is
31
amended
to
read
as
follows:
32
4.
Act
upon
applications
for
liquor
control
retail
alcohol
33
licenses
and
retail
beer
permits
in
accordance
with
section
34
123.32
.
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Sec.
101.
Section
455C.4,
subsection
4,
Code
2022,
is
1
amended
to
read
as
follows:
2
4.
A
class
“E”
liquor
control
retail
alcohol
licensee
3
may
refuse
to
accept
and
to
pay
the
refund
value
on
an
empty
4
alcoholic
liquor
container
from
a
dealer
or
a
redemption
center
5
or
from
a
person
acting
on
behalf
of
or
who
has
received
empty
6
alcoholic
liquor
containers
from
a
dealer
or
a
redemption
7
center.
8
Sec.
102.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
9
effect
January
1,
2023.
10
DIVISION
V
11
TRANSITION
PROVISIONS
12
Sec.
103.
TRANSITION
PROVISIONS.
13
1.
Any
license
or
permit
issued
by
the
alcoholic
beverages
14
division
of
the
department
of
commerce
that
is
repealed,
15
merged,
or
altered
in
this
Act,
and
in
effect
on
January
16
1,
2023,
shall
continue
in
full
force
and
effect
with
the
17
authority
granted
by
that
license
or
permit
until
expiration
18
or
renewal.
19
2.
The
alcoholic
beverages
division
of
the
department
of
20
commerce
shall
be
authorized
to
adopt
alternative
procedures
21
for
the
issuance
of
any
license
or
permit
that
is
repealed,
22
merged,
or
altered
in
this
Act
on
January
1,
2023,
that
are
23
issued
on
or
after
the
effective
date
of
this
division
of
this
24
Act
but
before
January
1,
2023.
The
alternative
procedures
25
shall
not
be
inconsistent
with
the
provisions
of
this
Act
26
governing
the
issuance
of
licenses
or
permits
on
or
after
27
January
1,
2023.
28
Sec.
104.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
29
deemed
of
immediate
importance,
takes
effect
upon
enactment.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
alcoholic
beverage
control.
The
bill
is
34
organized
by
divisions.
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DIVISION
I
——
RETAIL
ALCOHOL
LICENSES.
Code
section
123.30,
1
establishing
liquor
control
licenses,
is
stricken
and
rewritten
2
by
the
bill.
The
bill
replaces
liquor
control
licenses
with
3
retail
alcohol
licenses
and
modifies
the
classes
within
the
4
new
category
of
retail
alcohol
licenses.
The
current
class
5
“A”
liquor
control
license
and
class
“D”
liquor
control
6
license
are
renamed
a
class
“F”
and
a
class
“D”
retail
alcohol
7
license,
respectively.
The
current
class
“B”
liquor
control
8
license
that
may
be
issued
to
a
hotel
or
motel
is
eliminated.
9
Instead,
the
bill
establishes
a
new
class
“B”
retail
alcohol
10
license
and
special
class
“B”
retail
alcohol
license.
The
11
new
class
“B”
retail
alcohol
license
allows
the
holder
to
12
purchase
wine
from
a
class
“A”
wine
permittee
and
beer
from
a
13
class
“A”
beer
permittee
and
to
sell
wine
and
beer
in
original
14
unopened
containers
at
retail
to
patrons
for
consumption
off
15
the
licensed
premises.
The
bill
also
allows
a
holder
of
the
16
new
class
“B”
retail
alcohol
license
to
sell
wine
and
beer
17
in
limited
quantities
to
class
“C”,
special
class
“C”,
class
18
“D”,
and
class
“F”
retail
alcohol
licensees
for
resale
for
19
consumption
on
the
premises.
This
new
license
combines,
in
20
part,
the
authority
granted
under
the
current
class
“C”
beer
21
permit
for
beer
and
the
class
“B”
wine
permit
for
wine.
The
22
new
special
class
“B”
retail
native
wine
license
authorizes
23
the
holder
to
purchase
wine
from
a
native
winery
holding
a
24
class
“A”
wine
permit
and
to
sell
native
wine
only
at
retail
25
for
consumption
off
the
licensed
premises.
The
authority
26
under
this
new
special
class
“B”
retail
alcohol
license
is
27
similar
to
the
authority
granted
a
holder
of
a
current
class
28
“B”
native
wine
permit.
The
current
class
“C”
and
special
29
class
“C”
liquor
control
licenses
are
renamed
as
class
“C”
and
30
special
class
“C”
retail
alcohol
licenses.
The
current
special
31
class
“C”
native
distilled
spirits
liquor
control
license
32
is
repealed.
Finally,
the
current
class
“E”
liquor
control
33
license
is
renamed
a
class
“E”
retail
alcohol
license.
In
34
addition,
the
bill
provides
that
a
class
“E”
retail
alcohol
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licensee
can
purchase
wine
and
beer
from
a
class
“A”
wine
or
1
beer
permittee,
respectively.
The
bill
specifically
allows
the
2
class
“E”
licensee
to
sell
wine
and
beer
in
unopened
containers
3
at
retail,
and
to
sell
alcoholic
liquor
and
high
alcoholic
4
content
beer
at
wholesale.
The
bill
also
allows
a
holder
5
of
a
class
“E”
retail
alcohol
license
to
sell
wine
and
beer
6
in
limited
quantities
to
class
“C”,
special
class
“C”,
class
7
“D”,
and
class
“F”
retail
alcohol
licensees
for
resale
for
8
consumption
on
the
premises.
9
Code
section
123.31,
providing
for
liquor
control
license
10
applications,
is
stricken
and
rewritten
by
the
bill.
Existing
11
application
requirements
for
liquor
control
licenses
are
made
12
applicable
to
retail
alcohol
licenses
established
by
the
bill.
13
In
addition,
requirements
for
issuance
of
a
current
class
“B”
14
beer
permit,
class
“C”
beer
permit,
and
retail
wine
permit
15
are
generally
made
applicable
to
issuance
of
a
retail
alcohol
16
license.
17
New
Code
section
123.31A
establishes
the
authority
granted
18
a
holder
of
a
new
class
“B”,
class
“C”,
special
class
“C”,
19
and
class
“E”
retail
alcohol
license.
The
authority
granted
20
a
holder
of
these
licenses
as
to
both
wine
and
beer
is
similar
21
to
the
authority
granted
current
holders
of
a
class
“B”
beer
22
permit,
class
“C”
beer
permit,
and
class
“B”
wine
permit,
23
to
include
sales
of
beer
or
wine
in
other
than
the
original
24
container.
The
new
Code
section
provides
that
a
holder
of
25
a
new
class
“C”
or
special
class
“C”
retail
alcohol
license
26
cannot
sell
beer
or
wine
to
other
retail
alcohol
license
27
holders.
The
bill
also
provides,
similarly
to
current
Code
28
section
123.181(1),
that
a
holder
of
any
retail
alcohol
permit
29
shall
not
sell
wine
except
wine
purchased
from
a
person
holding
30
a
class
“A”
permit
or
native
wine
manufacturer.
31
New
Code
section
123.31B
establishes
the
authority
granted
a
32
holder
of
a
new
special
class
“B”
retail
native
wine
license.
33
The
authority
granted
a
holder
of
this
new
license
is
similar
34
to
the
authority
granted
a
holder
of
a
current
class
“B”
native
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wine
permit.
1
With
the
authority
granted
retail
alcohol
licensees
2
regarding
beer,
the
current
class
“B”
and
class
“C”
beer
3
permits
are
repealed.
As
a
result,
the
division
repeals,
as
4
to
beer
permits,
Code
section
123.138,
providing
for
class
5
“B”
beer
permit
applications,
Code
section
123.129,
providing
6
for
class
“C”
beer
permit
applications,
Code
section
123.131,
7
concerning
authority
under
a
class
“B”
beer
permit,
Code
8
section
123.132,
concerning
authority
under
a
class
“C”
beer
9
permit,
and
Code
section
123.140,
concerning
separate
locations
10
for
class
“B”
or
class
“C”
beer
permits.
In
addition,
based
11
on
the
authority
granted
the
new
retail
licenses
regarding
12
wine,
the
current
class
“B”
wine,
class
“B”
native
wine,
and
13
class
“C”
native
wine
permits
are
repealed.
As
a
result,
the
14
division
repeals,
as
to
wine
permits,
Code
section
123.178,
15
concerning
authority
under
a
class
“B”
wine
permit,
Code
16
section
123.178A,
concerning
authority
under
a
class
“B”
native
17
wine
permit,
and
Code
section
123.178B,
concerning
authority
18
under
a
class
“C”
native
wine
permit.
19
The
division
takes
effect
January
1,
2023.
20
DIVISION
II
——
ALCOHOLIC
BEVERAGE
CONTROL
FEES.
This
21
division
concerns
fees
for
the
new
retail
alcohol
licenses
as
22
well
as
changes
to
fees
for
other
licenses
and
permits
in
Code
23
chapter
123.
24
Code
section
123.23,
concerning
the
distiller’s
certificate
25
of
compliance,
is
amended
to
increase
the
annual
fee
for
the
26
certificate
from
$50
to
$200.
27
Code
section
123.36,
concerning
liquor
control
license
28
fees,
is
stricken
and
rewritten
and
made
applicable
to
the
new
29
retail
alcohol
licenses.
The
current
fees
for
a
class
“A”
30
liquor
control
licensee
are
made
applicable
to
the
new
class
31
“F”
retail
alcohol
license.
The
current
fees
for
a
class
32
“B”
liquor
control
license
are
repealed.
Instead,
the
bill
33
establishes
fees
for
the
new
class
“B”
retail
alcohol
license
34
based
on
the
population
of
the
city
where
the
premises
is
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located
as
well
as
the
square
footage
of
the
licensed
premises.
1
The
fee
for
the
new
special
class
“B”
native
wine
license
is
2
$125,
an
increase
from
the
fee
for
a
current
class
“B”
native
3
wine
permit
of
$25.
The
fees
for
the
new
class
“C”
and
special
4
class
“C”
retail
alcohol
license
are
modified
from
the
current
5
fees
for
class
“C”
liquor
control
licenses.
The
new
fees
6
increase
the
population
thresholds
for
increased
fees
for
both
7
the
new
class
“C”
and
special
class
“C”
licenses
and
reduce
the
8
fees
for
the
class
“C”
retail
alcohol
license
by
$50
over
the
9
current
fees
for
a
class
“C”
liquor
control
license.
The
new
10
class
“D”
retail
alcohol
license
fees
remain
the
same
as
the
11
fees
for
the
current
class
“D”
liquor
control
license.
The
12
bill
establishes
fees
for
the
new
class
“E”
retail
alcohol
13
license
based
on
the
population
of
the
city
where
the
premises
14
is
located
as
well
as
the
square
footage
of
the
licensed
15
premises.
Current
fees
for
the
class
“E”
liquor
control
16
license
are
based
only
on
the
population
of
the
city
where
17
the
premises
is
located.
Current
provisions
in
Code
section
18
123.36
governing
crediting
of
liquor
control
license
fees
to
19
the
beer
and
liquor
control
fund
are
made
applicable
to
the
new
20
retail
alcohol
license
fees,
excluding
the
new
special
class
21
“B”
retail
alcohol
licenses.
Current
provisions
imposing
fee
22
surcharges
are
also
made
applicable
to
the
new
retail
alcohol
23
license
fees,
excluding
the
new
class
“B”
and
special
class
“B”
24
retail
alcohol
licenses.
25
Code
section
123.41,
concerning
the
manufacturer’s
license,
26
is
amended
to
decrease
the
annual
fee
for
the
license
from
$350
27
to
$300.
28
Code
section
123.43(3),
concerning
a
class
“A”
native
29
distilled
spirits
license,
is
amended
to
decrease
the
annual
30
fee
for
the
license
from
$500
to
$300.
31
Code
section
123.134,
concerning
beer
permit
fees,
is
32
stricken
and
rewritten.
The
bill
keeps
the
annual
permit
fee
33
for
a
class
“A”
beer
permit
at
$750,
reduces
the
annual
permit
34
fee
for
a
special
class
“A”
beer
permit
from
$750
to
$300,
and
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provides
that
the
annual
fee
for
a
class
“A”
beer
permit
for
a
1
native
brewery
is
$300.
Fees
for
class
“B”
and
class
“C”
beer
2
permits
are
repealed
as
those
permits
are
repealed
by
the
bill.
3
Code
section
123.135,
concerning
the
brewer’s
certificate
4
of
compliance,
is
amended
to
reduce
the
annual
fee
for
the
5
certificate
from
$500
to
$200.
6
Code
section
123.179,
concerning
wine
permit
fees,
is
7
stricken
and
rewritten
by
the
bill.
The
bill
keeps
the
annual
8
permit
fee
for
a
class
“A”
wine
permit
that
is
not
issued
9
to
a
native
wine
manufacturer
at
$750,
increases
the
annual
10
permit
fee
for
a
class
“A”
wine
permit
issued
to
a
native
wine
11
manufacturer
from
$25
to
$100,
and
provides
that
the
annual
fee
12
for
a
charity
beer,
spirits,
and
wine
special
event
license
13
created
in
the
bill
is
$100.
Fees
for
class
“B”
wine
permits
14
and
class
“B”
and
class
“C”
native
wine
permits
are
stricken
15
as
those
permits
are
repealed
by
the
bill.
The
current
fees
16
for
charity
wine
auctions
and
charity
wine
event
permits
are
17
stricken
as
those
permits
are
repealed
by
the
bill
and
combined
18
in
the
new
charity
beer,
spirits,
and
wine
special
event
19
license
created
by
the
bill.
20
Code
section
123.180,
concerning
the
vintner’s
certificate
21
of
compliance,
is
amended
to
increase
the
annual
fee
for
the
22
certificate
from
$150
to
$200.
23
The
division
takes
effect
January
1,
2023.
24
DIVISION
III
——
ALCOHOLIC
BEVERAGE
CONTROL.
This
division
25
makes
changes
to
Code
chapter
123
relative
to
alcoholic
26
beverage
control,
to
include
making
conforming
changes
relative
27
to
the
creation
of
the
new
retail
alcohol
licenses
and
the
28
elimination
of
certain
native
distilled
spirits,
beer,
and
wine
29
permits
in
the
bill.
The
bill
also
eliminates
the
requirement
30
to
obtain
a
special
privilege
to
sell
alcoholic
beverages
on
31
Sunday
and
provides
that
sales
or
other
activities
relating
32
to
alcoholic
beverages
on
Sunday
will
be
allowed
to
the
same
33
extent
as
they
are
allowed
on
any
other
day.
34
Code
section
123.3,
definitions,
is
amended
to
reflect
the
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new
retail
alcohol
licenses.
The
bill
strikes
definitions
for
1
“retail
beer
permit”
and
“retail
wine
permit”
as
those
permits
2
are
repealed
by
the
bill
and
creates
a
new
“retail
alcohol
3
license”
definition
reflecting
the
classes
of
licenses
included
4
within
this
new
license.
The
definition
of
“high
alcoholic
5
content
beer”
is
also
amended
to
provide
that
high
alcoholic
6
content
beer
may
contain
up
to
19
percent
of
alcohol
by
volume
7
instead
of
the
current
15
percent.
8
Code
section
123.34,
concerning
seasonal
licenses
and
9
permits,
is
amended.
The
bill
amends
the
Code
section
to
10
reflect
the
new
retail
alcohol
licenses
and
allows
seasonal
11
and
shortened
licenses
for
new
class
“C”,
special
class
12
“C”,
class
“D”,
and
class
“F”
retail
alcohol
licensees.
The
13
bill
eliminates
the
six-month
seasonal
license
or
permit
and
14
provides
that
the
fee
for
an
eight-month
seasonal
license
shall
15
be
50
percent
of
the
license
fee
for
that
class
of
license
16
instead
of
a
proportional
share
of
that
fee.
17
New
Code
section
123.35
includes
the
provision
from
18
current
Code
section
123.34
providing
for
the
expiration
of
19
licenses,
permits,
and
certificates
of
compliance
without
20
the
notification
requirement.
The
new
Code
section
further
21
provides,
notwithstanding
any
provision
of
Code
chapter
123
22
to
the
contrary,
for
the
automatic
renewal
of
a
class
“E”
23
retail
alcohol
license,
a
distiller’s,
vintner’s,
or
brewer’s
24
certificate
of
compliance,
and
a
wine
direct
shipper’s
25
permit.
The
bill
allows
the
renewal
of
the
applicable
license,
26
certificate,
or
permit
without
approval
by
the
administrator
27
of
the
alcoholic
beverages
division
or
endorsement
of
any
28
applicable
local
authority
upon
collection
of
the
annual
fee
29
for
that
license,
certificate,
or
permit
by
the
alcoholic
30
beverages
division,
provided
certain
conditions
are
met
since
31
the
preceding
license,
certificate,
or
permit
was
issued.
The
32
bill
provides
that
the
license,
certificate,
or
permit
can
be
33
automatically
renewed
if,
in
the
preceding
year,
the
license,
34
certificate,
or
permit
has
not
been
suspended
or
revoked,
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a
civil
penalty
has
not
been
imposed,
an
administrative
1
proceeding
is
not
pending
to
suspend
or
revoke
the
license,
2
certificate,
or
permit
or
to
impose
a
civil
penalty,
all
3
required
payments
to
the
division
have
been
made,
and
the
4
licensee,
certificate
holder,
or
permittee,
and
all
persons
5
associated
with
the
licensee,
certificate
holder,
or
permittee
6
as
described
in
Code
section
123.3(40)(e),
have
not
been
7
convicted
of
a
violation
of
Code
chapter
123.
In
addition,
for
8
renewal
of
a
class
“E”
retail
alcohol
license,
the
licensed
9
premises
shall
constitute
a
safe
and
proper
place
and
building
10
that
complies
with
all
applicable
building-related
regulations.
11
Code
section
123.43A,
concerning
native
distilleries,
is
12
amended
to
reflect
the
new
retail
alcohol
licenses
in
the
bill.
13
The
bill
also
provides
that
a
native
distillery,
regardless
14
of
the
quantity
of
native
distilled
spirits
the
distillery
15
produces,
has
the
ability
to
sell
not
more
than
nine
liters
16
per
person
per
day
of
native
distilled
spirits
on
the
premises
17
of
the
native
distillery
and
to
apply
for
not
more
than
two
18
class
“C”
retail
alcohol
licenses.
Under
current
law,
a
native
19
distillery
that
produces
and
manufactures
more
than
100,000
20
proof
gallons
of
native
distilled
spirits
on
an
annual
basis
21
may
sell
no
more
than
1.5
liters
per
person
per
day
and
is
22
not
authorized
to
apply
for
a
class
“C”
native
distilled
23
spirits
liquor
control
license.
A
holder
of
a
class
“C”
retail
24
alcohol
license
under
the
bill
is
granted
the
authority
to
sell
25
alcoholic
liquor,
wine,
and
beer
while
a
holder
of
the
current
26
class
“C”
native
distilled
spirits
liquor
control
licenses
has
27
the
authority
to
only
sell
native
distilled
spirits
and
mixed
28
drinks
or
cocktails.
29
Code
section
123.46A,
concerning
delivery
of
alcoholic
30
beverages
by
retailers,
is
amended
to
reflect
that
the
new
31
retail
alcohol
licenses
in
the
bill
are
licenses,
not
permits.
32
The
bill
also
provides
that
deliveries
shall
occur
on
the
same
33
day
the
order
for
delivery
of
alcoholic
beverages
is
removed
34
from
the
licensed
premises
of
the
retailer.
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Code
sections
123.49
and
123.50,
concerning
prohibitions
1
and
criminal
and
civil
penalties,
are
amended
to
reflect
the
2
new
retail
alcohol
licenses
created
in
the
bill
and
the
fact
3
that
the
authority
to
sell
at
retail
is
granted
only
to
retail
4
alcohol
licensees
and
not
permittees.
5
Code
section
123.92,
the
dramshop
Act,
is
amended
to
6
provide
that
every
retail
alcohol
licensee,
except
a
class
7
“B”,
special
class
“B”,
or
class
“E”
retail
alcohol
licensee,
8
shall
furnish
proof
of
financial
responsibility
by
the
9
existence
of
a
liability
insurance
policy.
Under
current
law,
10
every
liquor
control
licensee,
class
“B”
beer
permittee,
and
11
class
“C”
native
wine
permittee,
except
a
class
“E”
liquor
12
control
licensee,
is
required
to
furnish
proof
of
financial
13
responsibility.
14
Code
section
123.97,
providing
that
most
revenues
arising
15
under
the
operation
of
Code
chapter
123
become
part
of
the
16
general
fund
of
the
state,
is
repealed
as
inconsistent
with
the
17
provisions
of
current
Code
section
123.17.
18
Code
section
123.123,
concerning
the
applicability
of
19
provisions
relating
to
class
“B”
beer
permits
to
liquor
control
20
licensees,
is
repealed
as
class
“B”
beer
permits
are
repealed
21
in
the
bill.
22
Code
section
123.130,
concerning
authority
under
class
“A”
23
beer
permits,
is
amended
to
reflect
the
new
retail
alcohol
24
licenses
in
the
bill.
The
bill
also
provides
that
a
native
25
brewery
may
be
granted
not
more
than
two
class
“C”
retail
26
alcohol
licenses
instead
of
two
class
“B”
permits
which
permits
27
are
repealed
by
the
bill.
28
Code
section
123.138,
concerning
keg
identification
29
stickers,
is
amended
to
reflect
the
new
retail
alcohol
licenses
30
and
provides
for
a
keg
identification
label
instead
of
a
31
sticker.
In
addition,
the
bill
strikes
provisions
concerning
32
the
forfeiture
and
remittance
of
deposits
relating
to
defacing
33
the
keg
identification
label.
34
Code
section
123.143,
concerning
distribution
of
funds,
is
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amended
to
strike
the
provision
directing
where
retail
beer
1
permit
fees
shall
be
distributed.
The
bill
repeals
all
retail
2
beer
permit
fees
and
the
distribution
of
funds
from
retail
3
alcohol
licenses
is
governed
by
Code
section
123.36
as
amended
4
by
the
bill.
5
Code
section
123.172,
concerning
the
applicability
of
6
provisions
relating
to
class
“B”
wine
permits
to
liquor
control
7
licensees,
is
repealed
as
class
“B”
wine
permits
are
repealed
8
in
the
bill.
9
Code
section
123.173,
concerning
classes
of
wine
permits,
is
10
amended
by
striking
provisions
relating
to
class
“B”,
class
“B”
11
native
wine,
and
class
“C”
native
wine
permits
as
those
permits
12
are
repealed
by
the
bill.
13
Code
section
123.173A,
providing
for
a
charity
beer,
14
spirits,
and
wine
auction
permit,
and
Code
section
123.173B,
15
providing
for
a
charity
beer,
spirits,
and
wine
event
permit,
16
are
stricken
and
replaced
with
a
combined
charity
beer,
17
spirits,
and
wine
special
event
license,
allowing
the
license
18
holder
to
conduct
a
charity
auction,
charity
event,
or
a
19
combined
charity
auction
and
charity
event
in
a
similar
manner
20
as
is
allowed
under
current
law
for
the
two
separate
permits.
21
The
bill
only
allows
one
charity
auction,
charity
event,
or
22
combined
charity
auction
and
charity
event
to
be
conducted
23
during
the
period
of
the
license
and
limits
a
person
to
no
more
24
than
two
special
event
licenses
in
a
calendar
year.
25
Code
section
123.176,
concerning
native
wines,
is
amended
26
to
reflect
the
new
retail
alcohol
licenses
in
the
bill.
The
27
bill
also
provides
that
a
manufacturer
of
native
wines
may
be
28
granted
not
more
than
two
class
“C”
retail
alcohol
licenses
29
instead
of
two
class
“C”
native
wine
permits
which
permits
are
30
repealed
by
the
bill.
A
holder
of
a
class
“C”
retail
alcohol
31
license
under
the
bill
is
granted
the
authority
to
sell
wine
32
and
beer.
33
Code
section
123.187,
concerning
the
wine
direct
shipper
34
permit,
is
amended
to
remove
the
requirement
that
an
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application
for
the
permit
be
accompanied
by
a
bond
if
not
1
otherwise
required
to
submit
a
bond
as
a
wine
manufacturer.
2
Code
section
125.59
is
amended
to
reflect
that
current
3
provisions
providing
for
transfer
of
certain
revenues
to
the
4
department
of
public
health
are
stricken
by
the
bill.
5
The
division
takes
effect
January
1,
2023.
6
DIVISION
IV
——
CONFORMING
CHANGES.
This
division
makes
7
conforming
changes
to
Code
chapters
7D,
12,
and
99B,
relative
8
to
the
creation
of
the
new
retail
alcohol
licenses
and
the
9
elimination
of
certain
native
distilled
spirits,
beer,
and
wine
10
permits
in
the
bill.
11
Code
section
137F.1,
defining
food
establishments
for
12
purposes
of
licensure,
is
amended
to
provide
that
a
food
13
establishment
does
not
include
only
a
premises
covered
by
a
14
class
“A”
wine
permit.
Under
current
law,
a
food
establishment
15
also
does
not
include
a
premises
covered
by
a
class
“B”
wine
16
permit
which
is
stricken
by
the
bill.
17
The
division
takes
effect
January
1,
2023.
18
DIVISION
V
——
TRANSITION
PROVISIONS.
This
division
provides
19
that
any
license
or
permit
issued
by
the
alcoholic
beverages
20
division
that
is
repealed,
merged,
or
altered
in
the
bill
and
21
in
effect
on
January
1,
2023,
shall
continue
in
full
force
and
22
effect
with
the
authority
granted
by
that
license
or
permit
23
until
expiration
or
renewal.
The
division
also
authorizes
the
24
alcoholic
beverages
division
to
adopt
alternative
procedures
25
for
the
issuance
of
any
license
or
permit
that
is
repealed,
26
merged,
or
altered
in
the
bill
that
are
issued
on
or
after
the
27
effective
date
of
the
division
of
the
bill
but
before
January
28
1,
2023.
The
alternative
procedures
shall
not
be
inconsistent
29
with
the
provisions
of
the
bill
governing
the
issuance
of
30
licenses
or
permits
on
or
after
January
1,
2023.
31
The
division
takes
effect
upon
enactment.
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