Senate Study Bill 3168 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BOUSSELOT) A BILL FOR An Act relating to transferring alcoholic beverages between the 1 premises of certain retail alcohol licensees with identical 2 ownership. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6116XC (1) 91 jm/ns

S.F. _____ Section 1. Section 123.46A, subsection 1, Code 2026, is 1 amended to read as follows: 2 1. Licensees authorized to sell alcoholic liquor, wine, 3 or beer in original unopened containers for consumption off 4 the licensed premises may deliver alcoholic liquor, wine, 5 or beer to a home , another licensed premises if there is 6 identical ownership of the premises by the licensee, or 7 other designated location in this state. Deliveries shall be 8 limited to alcoholic beverages authorized by the licensee’s 9 license. Orders delivered to another licensed premises shall 10 contain only those alcoholic beverages authorized for sale 11 by the retail alcohol license covering the premises to which 12 the alcoholic beverages will be delivered. Orders delivered 13 to another licensed premises shall be fulfilled using the 14 alcoholic beverages inventory owned by the licensee who will 15 receive the order for delivery. If the recipient refuses or 16 fails to pick up the delivery, or is ineligible to receive the 17 delivery, the alcoholic beverages shall be returned to the 18 licensee who fulfilled the order. 19 Sec. 2. NEW SECTION . 123.46B Transfers of alcoholic liquor 20 by retailers. 21 1. Notwithstanding any other provision of this chapter 22 to the contrary, a licensee authorized to sell alcoholic 23 liquor in original unopened containers for consumption off 24 the licensed premises may transfer alcoholic liquor between 25 licensed premises with identical ownership as the transferring 26 licensee, and the transfer shall not be considered a delivery 27 under section 123.46A. 28 2. A transfer pursuant to subsection 1 shall be considered 29 inventory owned by the licensee transferring the alcoholic 30 liquor until placement on the premises of the licensee 31 receiving the alcoholic liquor, at which point the alcoholic 32 liquor shall be considered inventory owned by the licensee 33 receiving the alcoholic liquor for regulatory and enforcement 34 purposes under this chapter. 35 -1- LSB 6116XC (1) 91 jm/ns 1/ 3

S.F. _____ 3. A licensee conducting a transfer under this section 1 shall maintain records indicating the date of the transfer, 2 the quantity and type of alcoholic liquor transferred, and the 3 licensee receiving the transfer. Records shall be maintained 4 for three years from the date of the transfer and shall be made 5 accessible and open to inspection pursuant to section 123.30, 6 subsection 1, during normal business hours of the licensee. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to transferring alcoholic beverages 11 between the premises of certain retail alcohol licensees with 12 identical ownership. 13 Under current Code section 123.46A (delivery of alcoholic 14 beverages by retailers), licensees authorized to sell alcoholic 15 liquor, wine, or beer in original unopened containers for 16 consumption off the licensed premises may deliver alcoholic 17 liquor, wine, or beer to a home, another licensed premises if 18 there is identical ownership of the premises by the licensee, 19 or other designated location in this state. The bill strikes 20 the specified authorization to deliver to another licensed 21 premises if there is identical ownership of the premises by the 22 licensee. 23 The bill allows a licensee authorized to sell alcoholic 24 liquor for consumption off premises to transfer alcoholic 25 liquor between licensed premises with identical ownership as 26 the transferring licensee. The bill specifies such a transfer 27 shall not be considered a delivery under Code section 123.46A. 28 A transfer of alcoholic liquor pursuant to the bill shall 29 be considered inventory owned by the licensee transferring 30 the alcoholic liquor until placement on the premises of the 31 licensee receiving the alcoholic liquor. After placement on 32 the premises of the licensee receiving the alcoholic liquor, 33 the bill specifies the alcoholic liquor is considered the 34 inventory of the licensee receiving the alcoholic liquor for 35 -2- LSB 6116XC (1) 91 jm/ns 2/ 3

S.F. _____ regulatory and enforcement purposes. 1 A licensee conducting the transfer of alcoholic liquor 2 pursuant to the bill is required to maintain records of the 3 transfer for three years and to make the records accessible to 4 the department of revenue. 5 -3- LSB 6116XC (1) 91 jm/ns 3/ 3