House
File
766
-
Reprinted
HOUSE
FILE
766
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
214)
(As
Amended
and
Passed
by
the
House
April
7,
2021
)
A
BILL
FOR
An
Act
relating
to
the
delivery
of
alcoholic
beverages
by
1
retailers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
HF
766
(3)
89
je/rn/md
H.F.
766
Section
1.
Section
123.46A,
subsection
2,
paragraph
g,
Code
1
2021,
is
amended
to
read
as
follows:
2
g.
Delivery
of
alcoholic
liquor,
wine,
or
beer
shall
be
made
3
by
the
licensee
or
permittee,
or
the
licensee’s
or
permittee’s
4
employee,
and
not
by
or
a
third
party
,
provided
the
licensee
or
5
permittee
has
entered
into
a
written
agreement
with
the
third
6
party
that
authorizes
the
third
party
to
act
as
an
agent
of
the
7
licensee
or
permittee
for
the
purpose
of
delivering
alcoholic
8
liquor,
wine,
or
beer
.
Each
licensee
or
permittee
shall
submit
9
to
the
division
electronically,
or
in
a
manner
prescribed
by
10
the
administrator,
a
list
of
names
and
addresses
of
all
third
11
parties
it
has
authorized
to
act
as
its
agent
for
the
purpose
12
of
delivering
alcoholic
liquor,
wine,
or
beer.
The
licensee
13
or
permittee
shall
provide
the
division
with
amendments
to
the
14
list
as
necessary
to
ensure
the
division
possesses
an
accurate,
15
current
list.
16
Sec.
2.
Section
123.46A,
subsection
2,
paragraph
i,
Code
17
2021,
is
amended
by
striking
the
paragraph.
18
Sec.
3.
Section
123.46A,
subsection
3,
Code
2021,
is
amended
19
to
read
as
follows:
20
3.
A
violation
of
this
section
or
any
other
provision
21
of
this
chapter
shall
subject
the
licensee
or
permittee
to
22
the
penalty
provisions
of
section
123.39
.
If
the
licensee
23
or
permittee,
an
employee
of
the
licensee
or
permittee,
or
a
24
person
delivering
alcoholic
liquor,
wine,
or
beer
for
a
third
25
party
acting
on
behalf
of
the
licensee
or
permittee
pursuant
26
to
a
written
agreement
violates
this
section,
the
licensee
or
27
permittee
shall
not
be
assessed
a
penalty
under
section
123.39
28
if
the
licensee
or
permittee
establishes
all
of
the
following:
29
a.
The
violation
was
committed
off
of
the
licensee’s
30
or
permittee’s
premises
after
the
liquor,
wine,
or
beer
31
was
removed
from
the
licensee’s
or
permittee’s
premises
in
32
fulfillment
of
a
delivery
order.
33
b.
(1)
If
the
person
who
committed
the
violation
is
an
34
employee
of
the
licensee
or
permittee,
that
no
other
violation
35
-1-
HF
766
(3)
89
je/rn/md
1/
2
H.F.
766
of
this
section
was
committed
by
any
employee
of
the
licensee
1
or
permittee
within
the
two-year
period
immediately
preceding
2
the
date
of
violation.
3
(2)
If
the
person
who
committed
the
violation
is
a
person
4
delivering
for
a
third
party
acting
on
behalf
of
the
licensee
5
or
permittee,
that
no
other
violation
of
this
section
was
6
committed
by
any
person
delivering
for
the
same
third
party
7
while
the
third
party
was
acting
on
behalf
of
the
licensee
or
8
permittee
within
the
two-year
period
immediately
preceding
the
9
date
of
violation.
10
-2-
HF
766
(3)
89
je/rn/md
2/
2