House
File
2448
-
Introduced
HOUSE
FILE
2448
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
631)
A
BILL
FOR
An
Act
relating
to
exceptions
to
the
penalty
for
supplying
an
1
alcoholic
beverage
to
certain
persons
under
legal
age.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5937HV
(2)
90
nls/ns
H.F.
2448
Section
1.
Section
123.50,
subsection
5,
Code
2024,
is
1
amended
to
read
as
follows:
2
5.
If
an
employee
of
a
retail
alcohol
licensee
violates
3
section
123.49,
subsection
2
,
paragraph
“h”
,
the
licensee
shall
4
not
be
assessed
a
penalty
under
subsection
3
,
and
the
violation
5
shall
be
deemed
not
to
be
a
violation
of
section
123.49,
6
subsection
2
,
paragraph
“h”
,
for
the
purpose
of
determining
7
the
number
of
violations
for
which
a
penalty
may
be
assessed
8
pursuant
to
subsection
3
,
if
,
at
the
time
of
the
violation,
9
the
employee
holds
a
valid
certificate
of
completion
of
either
10
the
alcohol
compliance
employee
training
program
pursuant
to
11
section
123.50A
at
the
time
of
the
violation
or
a
third-party
12
responsible
alcohol
service
program
approved
by
the
director
,
13
and
if
the
violation
involves
selling,
giving,
or
otherwise
14
supplying
any
alcoholic
beverage
to
a
person
between
the
ages
15
of
eighteen
and
twenty
years
of
age.
A
violation
involving
16
a
person
under
the
age
of
eighteen
years
of
age
shall
not
17
qualify
for
the
bar
against
assessment
of
a
penalty
pursuant
to
18
subsection
3
,
for
a
violation
of
section
123.49,
subsection
2
,
19
paragraph
“h”
.
A
licensee
may
assert
only
once
in
a
four-year
20
period
the
bar
under
this
subsection
against
assessment
of
a
21
penalty
pursuant
to
subsection
3
,
for
a
violation
of
section
22
123.49,
subsection
2
,
paragraph
“h”
,
that
takes
place
at
the
23
same
place
of
business
location.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
an
exception
to
the
penalty
for
28
supplying
an
alcoholic
beverage
to
a
person
between
18
and
29
20
years
of
age.
Under
current
law,
if
an
employee
of
a
30
retail
alcohol
licensee
violates
Code
section
123.49(2)(h),
31
the
licensee
may
avoid
being
assessed
a
penalty
and
have
32
the
violation
deemed
not
to
be
a
violation
for
purposes
of
33
determining
the
number
of
violations
for
which
a
penalty
may
34
be
assessed
if
the
employee
holds
a
valid
certificate
of
35
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2448
completion
of
the
alcohol
compliance
employee
training
program
1
pursuant
to
Code
section
123.50A
at
the
time
of
the
violation,
2
and
if
the
violation
involves
selling,
giving,
or
otherwise
3
supplying
any
alcoholic
beverage
to
a
person
between
18
and
20
4
years
of
age.
A
certificate
issued
under
Code
section
123.50A
5
is
valid
for
two
years
or
until
the
holder
commits
a
violation.
6
The
bill
expands
this
exception
to
include
an
employee
7
who
holds
a
valid
certificate
of
completion
of
a
third-party
8
responsible
alcohol
service
program
approved
by
the
director
9
of
revenue.
Current
law
limits
a
licensee
to
asserting
the
10
exception
only
once
in
a
four-year
period
for
violations
that
11
take
place
at
the
same
place
of
business
location.
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