SSB 3168 (LSB 6116XC (1) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BOUSSELOT)

A BILL FOR

An Act relating to transferring alcoholic beverages between the premises of certain retail alcohol licensees with identical ownership.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.46A, subsection 1, Code 2026, is amended to read as follows:
   1.  Licensees authorized to sell alcoholic liquor, wine, or beer in original unopened containers for consumption off the licensed premises may deliver alcoholic liquor, wine, or beer to a home, another licensed premises if there is identical ownership of the premises by the licensee, or other designated location in this state. Deliveries shall be limited to alcoholic beverages authorized by the licensee’s license. Orders delivered to another licensed premises shall contain only those alcoholic beverages authorized for sale by the retail alcohol license covering the premises to which the alcoholic beverages will be delivered. Orders delivered to another licensed premises shall be fulfilled using the alcoholic beverages inventory owned by the licensee who will receive the order for delivery. If the recipient refuses or fails to pick up the delivery, or is ineligible to receive the delivery, the alcoholic beverages shall be returned to the licensee who fulfilled the order.
    Sec. 2.  NEW SECTION.  123.46B  Transfers of alcoholic liquor by retailers.
   1.  Notwithstanding any other provision of this chapter to the contrary, a licensee authorized to sell alcoholic liquor in original unopened containers for consumption off the licensed premises may transfer alcoholic liquor between licensed premises with identical ownership as the transferring licensee, and the transfer shall not be considered a delivery under section 123.46A.
   2.  A transfer pursuant to subsection 1 shall be considered inventory owned by the licensee transferring the alcoholic liquor until placement on the premises of the licensee receiving the alcoholic liquor, at which point the alcoholic liquor shall be considered inventory owned by the licensee receiving the alcoholic liquor for regulatory and enforcement purposes under this chapter.
   3.  A licensee conducting a transfer under this section shall maintain records indicating the date of the transfer, the quantity and type of alcoholic liquor transferred, and the licensee receiving the transfer. Records shall be maintained for three years from the date of the transfer and shall be made accessible and open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to transferring alcoholic beverages between the premises of certain retail alcohol licensees with identical ownership.
   Under current Code section 123.46A (delivery of alcoholic beverages by retailers), licensees authorized to sell alcoholic liquor, wine, or beer in original unopened containers for consumption off the licensed premises may deliver alcoholic liquor, wine, or beer to a home, another licensed premises if there is identical ownership of the premises by the licensee, or other designated location in this state. The bill strikes the specified authorization to deliver to another licensed premises if there is identical ownership of the premises by the licensee.
   The bill allows a licensee authorized to sell alcoholic liquor for consumption off premises to transfer alcoholic liquor between licensed premises with identical ownership as the transferring licensee. The bill specifies such a transfer shall not be considered a delivery under Code section 123.46A.
   A transfer of alcoholic liquor pursuant to the bill shall be considered inventory owned by the licensee transferring the alcoholic liquor until placement on the premises of the licensee receiving the alcoholic liquor. After placement on the premises of the licensee receiving the alcoholic liquor, the bill specifies the alcoholic liquor is considered the inventory of the licensee receiving the alcoholic liquor for regulatory and enforcement purposes.
   A licensee conducting the transfer of alcoholic liquor pursuant to the bill is required to maintain records of the transfer for three years and to make the records accessible to the department of revenue.