CHAPTER 123ALCOHOLIC BEVERAGE CONTROLReferred to in 99B.3, 99B.12, 99B.43, 99B.53, 99B.55, 125.2, 137F.1, 232C.4, 523H.1, 537A.10, 546.9, 714.16
SUBCHAPTER I
GENERAL PROVISIONS RELATING TO ALCOHOLIC BEVERAGES
123.1Public policy declared.
123.2General prohibition.
123.3Definitions.
123.4Alcoholic beverages division created.
123.5Alcoholic beverages commission created appointment removal vacancies.
123.6Commission meetings.
123.7Administrator appointed — duties.
123.8Duties of commission and administrator.
123.9Powers of administrator.
123.10Rules.
123.11 Compensation and expenses.
123.12Exemption from suit.
123.13 Prohibitions on commission members and employees.
123.14Alcoholic beverage control law enforcement.
123.15Favors from licensee or permittee.
123.16Annual report.
123.17Beer and liquor control fund — allocations to substance abuse programs — use of civil penalties.
123.18Appropriations.
123.19Distiller’s certificate of compliance — injunction — penalty. Transferred to §123.23; 2015 Acts, ch 30, §204.
123.20Powers. Transferred to §123.9; 2015 Acts, ch , §.
123.21Rules. Transferred to §123.10; 2015 Acts, ch 30, §204.
123.22State monopoly.
123.23Distiller’s certificate of compliance — injunction — penalty.
123.24Alcoholic liquor sales by the division — dishonored payments — liquor prices.
123.25Consumption on premises.
123.26Restrictions on sales — seals — labeling.
123.27Sales and deliveries prohibited.
123.28Restrictions on transportation.
123.29Patent and proprietary products and sacramental wine.
123.30Liquor control licenses — classes.
123.31Liquor control licenses — application contents.
123.32Action by local authorities and division on applications for liquor control licenses, native distilled spirits licenses, and wine and beer permits.
123.33Records.
123.34Expiration of licenses, permits, and certificates of compliance seasonal, fourteen-day, and five-day licenses and permits fees.
123.35Simplified renewal procedure — class “E” procedure. Repealed by 2011 Acts, ch 17, §16.
123.36Liquor control license fees — Sunday sales.
123.37Exclusive power to license and levy taxes — disputed taxes.
123.38Nature of permit or license — surrender — transfer.
123.38AConfidential investigative records.
123.39Suspension or revocation of license or permit — civil penalty.
123.40Effect of revocation.
123.41Manufacturer’s license — alcoholic liquor.
123.42Broker’s permit.
123.43Class “A” native distilled spirits license application and issuance fees.
123.43ANative distilleries.
123.44Gifts prohibited.
123.45Limitations on business interests.
123.46Consumption or intoxication in public places — notifications — chemical tests — expungement.
123.46ADelivery of alcoholic beverages by retailers.
123.47Persons under eighteen years of age, persons eighteen, nineteen, or twenty years of age, and persons twenty-one years of age and older.
123.47APersons age eighteen, nineteen, and twenty — penalty. Repealed by 97 Acts, ch 126, §54.
123.47BParental and school notification persons under eighteen years of age.
123.48Seizure of false or altered driver’s license or nonoperator’s identification card.
123.49Miscellaneous prohibitions.
123.50Criminal and civil penalties.
123.50AAlcohol compliance employee training program.
123.51Advertisements for alcoholic liquor, wine, or beer.
123.52Prohibited sale.
123.53Beer and liquor control fund — allocations to substance abuse — use of civil penalties. Transferred to §123.17; 2015 Acts, ch 30, §204.
123.54Appropriations. Transferred to §123.18; 2015 Acts, ch 30, §204.
123.55Annual report. Transferred to §123.16; 2015 Acts, ch 30, §204.
123.56Native wines. Transferred to §123.176; 2019 Acts, ch 113, §62.
123.57Examination of accounts.
123.58Auditing.
123.59Bootlegging penalties.
123.60Nuisances.
123.61Penalty.
123.62Injunction.
123.63Temporary writ.
123.64Notice.
123.65Scope of injunction.
123.66Trial of action.
123.67General reputation.
123.68Contempt.
123.69Trial of contempt action.
123.70Injunction against bootlegger.
123.71Conditions on injunction proceeding.
123.72Order of abatement of nuisance.
123.73Use of abated premises.
123.74Fees.
123.75Proceeds of sale.
123.76Abatement of nuisance.
123.77Abatement before judgment.
123.78Existing liens.
123.79Abatement bond a lien.
123.80Attested copies filed.
123.81Forfeiture of bond.
123.82Procedure.
123.83Method of trial.
123.84Judgment.
123.85Appeal.
123.86County attorney to prosecute.
123.87Prompt service.
123.88Evidence.
123.89Counts.
123.90Penalties generally.
123.91Second and subsequent conviction.
123.92Civil liability for dispensing or sale and service of any alcoholic beverage (Dramshop Act) — liability insurance — underage persons.
123.93Limitation of action.
123.94Inurement of action prohibited.
123.95Premises must be licensed — exception as to conventions and social gatherings.
123.96Reserved.
123.97Covered into general fund.
123.98Labeling shipments.
123.99False statements.
123.100Packages in transit.
123.101Record of shipments.
123.102Inspection of shipping records.
123.103Record and certification upon delivery.
123.104Unlawful delivery.
123.105Immunity from damage.
123.106Federal statutes.
123.107Unnecessary allegations.
123.108Second conviction defined.
123.109Record of conviction.
123.110Proof of sale.
123.111Purchaser as witness.
123.112Peace officer as witness.
123.113Judgment lien.
123.114Enforcement of lien.
123.115Defense.
123.116Right to receive alcoholic liquor, wine, or beer.
123.117Delivery to sheriff.
123.118Destruction.
123.119Evidence.
123.120Attempt to destroy.
123.121Venue.
SUBCHAPTER II
BEER PROVISIONS
123.122Beer certificate, permit, or license required exception for personal use.
123.123Effect on liquor control licensees.
123.124Beer permits classes.
123.125Issuance of beer permits.
123.126High alcoholic content beer applicability.
123.126ACanned cocktails applicability.
123.127Class “A” and special class “A” beer permit application and issuance.
123.128Class “B” beer permit application.
123.129Class “C” beer permit application.
123.130Authority under class “A” and special class “A” beer permits.
123.131Authority under class “B” beer permit.
123.132Authority under class “C” beer permit.
123.133Sale on trains — bond. Repealed by 2011 Acts, ch 17, §16.
123.134Beer permit fees — Sunday sales.
123.135Brewer’s certificate of compliance penalties.
123.136Barrel tax.
123.137Report of barrel sales — penalty.
123.138Records required — keg identification sticker.
123.139Separate locations class “A” or special class “A” beer permit.
123.140Separate locations class “B” or “C” beer permit.
123.141Keeping liquor where beer is sold.
123.142Unlawful sale and importation.
123.143Distribution of funds.
123.144Bottling beer. Repealed by 2019 Acts, ch 113, §63.
123.145Labels on bottles, barrels, etc. conclusive evidence.
123.146Importation of beer for personal use. Repealed by 2019 Acts, ch 113, §63.
123.147through 123.149 Reserved.
SUBCHAPTER III
SPECIAL PROVISIONS
123.150Sunday sales before New Year’s Day.
123.151Posting notice on drunk driving laws required. Repealed by 93 Acts, ch 91, §22.
123.152Reserved.
SUBCHAPTER IV
WAREHOUSE PROJECT
123.153through 123.162 Repealed by Acts, ch , §.
123.163through 123.170 Reserved.
SUBCHAPTER V
WINE PROVISIONS — CHARITY BEER, SPIRITS, AND WINE AUCTIONS
123.171Wine certificate, permit, or license required exceptions for personal use.
123.172Effect on liquor control licensees.
123.173Wine permits — classes — authority.
123.173ACharity beer, spirits, and wine auction permit.
123.174Issuance of wine permits.
123.175Class “A” or retail wine permit application and issuance.
123.176Native wines.
123.177Authority under class “A” wine permit.
123.178Authority under class “B” wine permit.
123.178AAuthority under class “B” native wine permit.
123.178BAuthority under class “C” native wine permit.
123.179Permit fees.
123.180Vintner’s certificate of compliance — wholesale and retail restrictions — penalties.
123.181Prohibited acts.
123.182Labels — point of origin — conclusive evidence.
123.183Wine gallonage tax and related funds.
123.184Report of gallonage sales penalty.
123.185Records required.
123.186Federal regulations adopted as rules penalties.
123.187Direct shipment of wine permit and requirements.
123.188Wine carrier permit and requirements.
SUBCHAPTER IGENERAL PROVISIONS RELATING TO ALCOHOLIC BEVERAGESReferred to in 123.122, 123.171123.1Public policy declared.This chapter shall be cited as the “Iowa Alcoholic Beverage Control Act”, and shall be deemed an exercise of the police power of the state, for the protection of the welfare, health, peace, morals, and safety of the people of the state, and all its provisions shall be liberally construed for the accomplishment of that purpose. It is declared to be public policy that the traffic in alcoholic liquors is so affected with a public interest that it should be regulated to the extent of prohibiting all traffic in them, except as provided in this chapter.[C35, §1921-f1; C39, §1921.001; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.1]1985 Acts, ch 32, §3; 1986 Acts, ch 1122, §1123.2General prohibition.It is unlawful to manufacture for sale, sell, offer or keep for sale, possess, or transport alcoholic liquor, wine, or beer except upon the terms, conditions, limitations, and restrictions enumerated in this chapter.[C35, §1921-f3; C39, §1921.003; C46, 50, 54, 58, 62, 66, 71, §123.3; C73, 75, 77, 79, 81, §123.2]1985 Acts, ch 32, §4123.3Definitions.As used in this chapter, unless the context otherwise requires:1.  “Administrator” means the administrator of the division, appointed pursuant to the provisions of this chapter, or the administrator’s designee.2.  “Air common carrier” means a person engaged in transporting passengers for hire in interstate or foreign commerce by aircraft and operating regularly scheduled flights under a certificate of public convenience issued by the civil aeronautics board.3.  “Alcohol” means the product of distillation of any fermented liquor rectified one or more times, whatever may be the origin thereof, and includes synthetic ethyl alcohol.4.  “Alcoholic beverage” means any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor, wine, and beer.5.  “Alcoholic liquor” means the varieties of liquor defined in subsections 3 and 50 which contain more than six and twenty-five hundredths percent of alcohol by volume, beverages made as described in subsection 7 which beverages contain more than six and twenty-five hundredths percent of alcohol by volume but which are not wine as defined in subsection 54, high alcoholic content beer as defined in subsection 22, or canned cocktails as defined in subsection 11, and every other liquid or solid, patented or not, containing spirits and every beverage obtained by the process described in subsection 54 containing more than twenty-one and twenty-five hundredths percent of alcohol by volume, and susceptible of being consumed by a human being, for beverage purposes. Alcohol manufactured in this state for use as fuel pursuant to an experimental distilled spirits plant permit or its equivalent issued by the federal bureau of alcohol, tobacco and firearms is not an “alcoholic liquor”.6.  “Application” means a written request for the issuance of a permit, license, or certificate that is supported by a verified statement of facts and submitted electronically, or in a manner prescribed by the administrator.7.  “Beer” means any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts, or other agricultural products, containing more than one-half of one percent of alcohol by volume but not more than six and twenty-five hundredths percent of alcohol by volume.8.  “Brewer” means any person who manufactures beer for the purpose of sale, barter, exchange, or transportation.9.  “Brewpub” means a commercial establishment authorized to sell beer at retail for consumption on or off the premises that is operated by a person who holds a class “C” liquor control license or a class “B” beer permit and who also holds a special class “A” beer permit that authorizes the holder to manufacture and sell beer pursuant to this chapter.10.  “Broker” means a person who represents or promotes alcoholic liquor within the state on behalf of the holder of a distiller’s certificate of compliance, a manufacturer’s license, or a class “A” native distilled spirits license. An employee of the holder of a distiller’s certificate of compliance, a manufacturer’s license, or a class “A” native distilled spirits license is not a broker.11.  “Canned cocktail” means a mixed drink or cocktail that is premixed and packaged in a metal can and contains more than six and twenty-five hundredths percent of alcohol by volume but not more than fifteen percent of alcohol by volume.12.  “City” means a municipal corporation but not including a county, township, school district, or any special purpose district or authority.13.  “Club” means any nonprofit corporation or association of individuals, which is the owner, lessee, or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership.14.  “Commercial establishment” means a place of business which is at all times equipped with sufficient tables and seats to accommodate twenty-five persons at one time, and the licensed premises of which conform to the standards and specifications of the division.15.  “Commission” means the alcoholic beverages commission established by this chapter.16.  “Completed application” means an application where all necessary fees have been paid in full, any required bonds have been submitted, the applicant has provided all information requested by the division, and the application meets the requirements of section 123.92, subsection 2, if applicable.17.  “Designated security employee” means an agent, contract employee, independent contractor, servant, or employee of a licensee or permittee who works in a security position in any capacity at a commercial establishment licensed or permitted under this chapter.18.  “Distillery”, “winery”, and “brewery” mean not only the premises where alcohol or spirits are distilled, wine is fermented, or beer is brewed, but in addition mean a person owning, representing, or in charge of such premises and the operations conducted there, including the blending and bottling or other handling and preparation of alcoholic liquor, wine, or beer in any form.19.  “Division” means the alcoholic beverages division of the department of commerce established by this chapter.20.  “Grape brandy” means brandy produced by the distillation of fermented grapes or grape juice.21.  “Grocery store” means any retail establishment, the business of which consists of the sale of food, food products, or beverages for consumption off the premises.22.  “High alcoholic content beer” means beer which contains more than six and twenty-five hundredths percent of alcohol by volume, but not more than fifteen percent of alcohol by volume, that is made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains. Not more than one and five-tenths percent of the volume of a “high alcoholic content beer” may consist of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol. The added flavors and other nonbeverage ingredients may not include added caffeine or other added stimulants including but not limited to guarana, ginseng, and taurine.23.  “Hotel” or “motel” means premises licensed by the department of inspections and appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty or more sleeping rooms.24.  “Import” means the transporting or ordering or arranging the transportation of alcoholic liquor, wine, or beer into this state whether by a resident of this state or not.25.  “Importer” means the person who transports or orders, authorizes, or arranges the transportation of alcoholic liquor, wine, or beer into this state whether the person is a resident of this state or not.26.  The terms “in accordance with the provisions of this chapter, “pursuant to the provisions of this title”, or similar terms shall include all rules and regulations of the division adopted to aid in the administration or enforcement of those provisions.27.  “Institutional investor” means a person who maintains a diversified portfolio of investments through a state or federally chartered bank, a mutual fund, a retirement plan or account created by an employer, the person, or another individual to provide retirement benefits or deferred compensation to the person, a private investment firm, or a holding company publicly traded on the New York stock exchange, the American stock exchange, or NASDAQ stock market and who has a majority of investments in businesses other than businesses that manufacture, bottle, wholesale, or sell at retail alcoholic beverages.28.  “Legal age” means twenty-one years of age or more.29.  “Licensed premises” or “premises” means all rooms, enclosures, contiguous areas, or places susceptible of precise description satisfactory to the administrator where alcoholic beverages, wine, or beer is sold or consumed under authority of a liquor control license, wine permit, or beer permit. A single licensed premises may consist of multiple rooms, enclosures, areas, or places if they are wholly within the confines of a single building or contiguous grounds.30.  “Local authority” means the city council of any incorporated city in this state, or the county board of supervisors of any county in this state, which is empowered by this chapter to approve or deny applications for retail beer or wine permits and liquor control licenses; empowered to recommend that such permits or licenses be granted and issued by the division; and empowered to take other actions reserved to them by this chapter.31.  “Manufacture” means to distill, rectify, ferment, brew, make, mix, concoct, or process any substance capable of producing a beverage containing more than one-half of one percent of alcohol by volume and includes blending, bottling, or the preparation for sale.32.  “Mixed drink or cocktail” means an alcoholic beverage, composed in whole or in part of alcoholic liquor, that is combined with other alcoholic beverages or nonalcoholic beverages or ingredients including but not limited to ice, water, soft drinks, or flavorings.33.  “Native brewery” means a business which manufactures beer or high alcoholic content beer and is operated by a person who holds a class “A” beer permit that authorizes the holder to manufacture and sell beer pursuant to this chapter.34.  “Native distilled spirits” means spirits fermented, distilled, or, for a period of two years, barrel matured on the licensed premises of the native distillery where fermented, distilled, or matured. “Native distilled spirits” also includes blended or mixed spirits comprised solely of spirits fermented, distilled, or, for a period of two years, barrel matured at a native distillery.35.  “Native distillery” means a business with an operating still which produces and manufactures native distilled spirits.36.  “Native wine” means wine manufactured pursuant to section 123.176 by a manufacturer of native wine.37.  “Package” means any container or receptacle used for holding alcoholic liquor.38.  “Permit” or “license” means an express written authorization issued by the division for the manufacture or sale, or both, of alcoholic liquor, wine, or beer.39.  “Person” means any individual, association, or partnership, any corporation, limited liability company, or other similar legal entity, any club, hotel or motel, or any municipal corporation owning or operating a bona fide airport, marina, park, coliseum, auditorium, or recreational facility in or at which the sale of alcoholic liquor, wine, or beer is only an incidental part of the ownership or operation.40.  “Person of good moral character” means any person who meets all of the following requirements:a.  The person has such financial standing and good reputation as will satisfy the administrator that the person will comply with this chapter and all laws, ordinances, and regulations applicable to the person’s operations under this chapter. However, the administrator shall not require the person to post a bond to meet the requirements of this paragraph.b.  The person is not prohibited by section 123.40 from obtaining a liquor control license or a wine or beer permit.c.  Notwithstanding paragraph “e”, the applicant is a citizen of the United States and a resident of this state, or licensed to do business in this state in the case of a corporation. Notwithstanding paragraph “e”, in the case of a partnership, only one general partner need be a resident of this state.d.  The person has not been convicted of a felony. However, if the person’s conviction of a felony occurred more than five years before the date of the application for a license or permit, and if the person’s rights of citizenship have been restored by the governor, the administrator may determine that the person is of good moral character notwithstanding such conviction.e.  The requirements of this subsection apply to the following:(1)  Each of the officers, directors, and partners of such person.(2)  A person who directly or indirectly owns or controls ten percent or more of any class of stock of such person.(3)  A person who directly or indirectly has an interest of ten percent or more in the ownership or profits of such person.41.  “Pharmacy” means a drug store in which drugs and medicines are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists, prescribing psychologists, or veterinarians are compounded and sold by a registered pharmacist.42.  “Private place” means a location which, at the time alcoholic beverages are kept, dispensed, or consumed, meets all of the following criteria:a.  The general public does not have access to the location and attendees are limited to bona fide social hosts and invited guests.b.  The location is not of a commercial nature.c.  Goods or services are neither sold nor purchased at the location.d.  The location is not a licensed premises.e.  Admission fees or other kinds of entrance fees, fare, ticket, donation or charges are not made or are required of the invited guests to enter the location.43.  “Public place” means any place, building, or conveyance to which the public has or is permitted access.44.  “Residence” means the place where a person resides, permanently or temporarily.45.  “Retail beer permit” means a class “B” or class “C” beer permit issued under the provisions of this chapter.46.  “Retail wine permit” means a class “B” wine permit, class “B” native wine permit, or class “C” native wine permit issued under this chapter.47.  “Retailer” means any person who shall sell, barter, exchange, offer for sale, or have in possession with intent to sell any alcoholic liquor, wine, or beer for consumption either on or off the premises where sold.48.  The prohibited “sale” of alcoholic liquor, wine, or beer under this chapter includes soliciting for sales, taking orders for sales, keeping or exposing for sale, delivery or other trafficking for a valuable consideration promised or obtained, and procuring or allowing procurement for any other person.49.  “School” means a public or private school or that portion of a public or private school which provides facilities for teaching any grade from kindergarten through grade twelve.50.  “Spirits” means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, but not limited to, brandy, rum, whisky, and gin.51.  “Unincorporated town” means a compactly populated area recognized as a distinct place with a distinct place-name which is not itself incorporated or within the corporate limits of a city.52.  “Warehouse” means any premises or place primarily constructed or used or provided with facilities for the storage in transit or other temporary storage of perishable goods or for the conduct of normal warehousing business.53.  “Wholesaler” means any person, other than a vintner, brewer or bottler of beer or wine, who shall sell, barter, exchange, offer for sale, have in possession with intent to sell, deal or traffic in alcoholic liquor, wine, or beer. A wholesaler shall not sell for consumption upon the premises.54.  “Wine” means any beverage containing more than six and twenty-five hundredths percent of alcohol by volume but not more than twenty-one and twenty-five hundredths percent of alcohol by volume obtained by the fermentation of the natural sugar contents of fruits or other agricultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses, or cactus.[C35, §1921-f5, 1921-f97; C39, §1921.005, 1921.096; C46, 50, 54, 58, 62, 66, 71, §123.5, 124.2; C73, 75, 77, 79, 81, §123.3; 1981 Acts, ch 55, §1]85 Acts, ch 32, §5 – 8, 86 Acts, ch 1122, §2 – 4, 86 Acts, ch 1246, §724, 725, 88 Acts, ch 1088, §1, 88 Acts, ch 1241, §1, 89 Acts, ch 161, §1, 93 Acts, ch 91, §1, 94 Acts, ch 1017, §1, 97 Acts, ch 126, §1, 2000 Acts, ch 1201, §1, 2003 Acts, ch 143, §1, 2, 17, 2005 Acts, ch 13, §1, 2006 Acts, ch 1032, §1, 2006 Acts, ch 1185, §118, 2010 Acts, ch 1031, §87, 88, 96, 2011 Acts, ch 17, §1 – 3, 17, 2011 Acts, ch 30, §2, 2013 Acts, ch 35, §1, 24, 2014 Acts, ch 1092, §27, 2016 Acts, ch 1112, §1, 2017 Acts, ch 119, §1, 39, 2018 Acts, ch 1060, §1 – 3, 2019 Acts, ch 8, §1, 2019 Acts, ch 107, §1, 2, 6, 2019 Acts, ch 113, §1, 2Referred to in 7D.16, 99F.4, 123.32, 123.43, 123.127, 123.130, 123.140, 123.175, 123A.2, 142D.2, 455B.301, 455C.1, 455C.5, 455C.16
See Code editor’s note on simple harmonization at the end of Vol VI
Section amended and subsections editorially renumbered
123.4Alcoholic beverages division created.An alcoholic beverages division is created within the department of commerce to administer and enforce the laws of this state concerning alcoholic beverage control.[C35, §1921-f15; C39, §1921.015; C46, 50, 54, 58, 62, 66, 71, §123.15; C73, 75, 77, 79, 81, §123.4]85 Acts, ch 32, §9, 86 Acts, ch 1245, §731, 2018 Acts, ch 1060, §4Referred to in 123.38A123.5Alcoholic beverages commission created appointment removal vacancies.1.  An alcoholic beverages commission is created within the division. The commission is composed of five members, not more than three of whom shall belong to the same political party.2.  Members shall be appointed by the governor, subject to confirmation by the senate. Appointments shall be for five-year staggered terms beginning and ending as provided by section 69.19. A member may be reappointed for one additional term.3.  Members of the commission shall be chosen on the basis of managerial ability and experience as business executives. Not more than two members of the commission may be the holder of or have an interest in a permit or license to manufacture alcoholic liquor, wine, or beer or to sell alcoholic liquor, wine, or beer at wholesale or retail.4.  Any commission member shall be subject to removal for any of the causes and in the manner provided by chapter 66 relating to removal from office. Removal shall not be in lieu of any other punishment that may be prescribed by the laws of this state.5.  Any vacancy on the commission shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term.[C35, §1921-f6; C39, §1921.006; C46, 50, 54, 58, 62, 66, 71, §123.6; C73, 75, 77, 79, 81, §123.5]86 Acts, ch 1245, §732, 2015 Acts, ch 30, §39Referred to in 123.13123.6Commission meetings.The commission shall meet on or before July 1 of each year for the purpose of selecting one of its members as chairperson for the succeeding year. The commission shall otherwise meet quarterly or at the call of the chairperson or administrator or when three members file a written request for a meeting. Written notice of the time and place of each meeting shall be given to each member of the commission. A majority of the commission members shall constitute a quorum.[C35, §1921-f10; C39, §1921.010; C46, 50, 54, 58, 62, 66, 71, §123.10; C73, 75, 77, 79, 81, §123.9]2011 Acts, ch 17, §5, 2015 Acts, ch 30, §204123.6
Former §123.6 repealed by 2015 Acts, ch 30, §198
123.7Administrator appointed — duties.1.  The governor shall appoint the administrator of the alcoholic beverages division, subject to confirmation by the senate, to a four-year term. A vacancy in an unexpired term shall be filled in the same manner as a full-term appointment is made. The administrator shall not be a member of the commission. The administrator’s salary shall be fixed by the general assembly. The administrator shall be qualified to perform the administrator’s duties by managerial ability and experience as a business executive. 2.  The administrator shall devote full time to the discharge of the administrator’s duties. The administrator shall not hold any other elective or appointive office under the laws of this state, the United States, or any other state or territory. The administrator shall not accept or solicit, directly or indirectly, contributions or anything of value in behalf of the administrator, any political party, or any person seeking an elective or appointive office nor use the administrator’s official position to advance the candidacy of anyone seeking an elective or appointive office. The administrator, the administrator’s spouse, and immediate family shall not have any interest in any distillery, winery, brewery, importer, permittee or licensee or any business which is subject to license or regulation pursuant to this chapter.[C73, 75, 77, 79, 81, §123.10]86 Acts, ch 1245, §735, 2013 Acts, ch 35, §20, 2015 Acts, ch 30, §204123.7Referred to in 546.9
Confirmation, see §2.32
Former §123.7 repealed by 2015 Acts, ch 30, §198
123.8Duties of commission and administrator.1.  The commission, in addition to the duties specifically enumerated in this chapter, shall act as a division policy-making body and serve in an advisory capacity to the administrator. The administrator shall supervise the daily operations of the division and shall execute the policies of the division as determined by the commission.2.  The commission may review and affirm, reverse, or amend all actions of the administrator, including but not limited to the following instances:a.  Purchases of alcoholic liquor for resale by the division.b.  The establishment of wholesale prices of alcoholic liquor.[C73, 75, 77, 79, 81, §123.16]85 Acts, ch 32, §13, 86 Acts, ch 1122, §5, 86 Acts, ch 1245, §737, 86 Acts, ch 1246, §726, 727, 93 Acts, ch 91, §2, 2015 Acts, ch 30, §204123.8
Former §123.8 repealed by 2013 Acts, ch 35, §23
123.9Powers of administrator.The administrator, in executing divisional functions, shall have the following duties and powers:1.  To receive alcoholic liquors on a bailment system for resale by the division in the manner set forth in this chapter.2.  To rent, lease, or equip any building or any land necessary to carry out the provisions of this chapter.3.  To lease all plants and lease or buy equipment necessary to carry out the provisions of this chapter.4.  To appoint clerks, agents, or other employees required for carrying out the provisions of this chapter; to dismiss employees for cause; to assign employees to bureaus as created by the administrator within the division; and to designate their title, duties, and powers. All employees of the division are subject to chapter 8A, subchapter IV, unless exempt under section 8A.412.5.  To grant and issue beer permits, wine permits, liquor control licenses, and other licenses; and to suspend or revoke all such permits and licenses for cause under this chapter.6.  To license, inspect, and control the manufacture of alcoholic beverages and regulate the entire alcoholic beverage industry in the state.7.  To accept alcoholic liquors ordered delivered to the alcoholic beverages division pursuant to chapter 809A, and offer for sale and deliver the alcoholic liquors to class “E” liquor control licensees, unless the administrator determines that the alcoholic liquors may be adulterated or contaminated. If the administrator determines that the alcoholic liquors may be adulterated or contaminated, the administrator shall order their destruction.[C35, §1921-f16; C39, §1921.016; C46, 50, 54, 58, 62, 66, 71, §123.16; C73, 75, 77, 79, 81, §123.20]83 Acts, ch 157, §1, 85 Acts, ch 90, §2, 86 Acts, ch 1122, §6, 86 Acts, ch 1245, §738, 86 Acts, ch 1246, §728 – 730, 87 Acts, ch 115, §20, 88 Acts, ch 1241, §3, 96 Acts, ch 1133, §40, 2003 Acts, ch 145, §185, 2015 Acts, ch 30, §2042016 Acts, ch 1008, §1, 2016 Acts, ch 1073, §31, 2018 Acts, ch 1060, §5Referred to in 123.38A
Former §123.9 transferred to §123.6; 2015 Acts, ch 30, §204
123.10Rules.The administrator, with the approval of the commission and subject to chapter 17A, may adopt rules as necessary to carry out this chapter. The administrator’s authority extends to, but is not limited to, the following:1.  Prescribing the duties of officers, clerks, agents, or other employees of the division and regulating their conduct while in the discharge of their duties.2.  Regulating the management, equipment, and merchandise of state warehouses in and from which alcoholic liquors are transported, kept, or sold and prescribing the books and records to be kept therein.3.  Regulating the purchase of alcoholic liquor generally and the furnishing of the liquor to class “E” liquor control licensees under this chapter, and determining the classes, varieties, and brands of alcoholic liquors to be kept in state warehouses.4.  Prescribing forms or information blanks to be used for the purposes of this chapter. 5.  Prescribing the nature and character of evidence which shall be required to establish legal age.6.  Providing for the issuance and electronic distribution of price lists which show the price to be paid by class “E” liquor control licensees for each brand, class, or variety of liquor kept for sale by the division, providing for the filing or posting of prices charged in sales between class “A” beer and class “A” wine permit holders and retailers, as provided in this chapter, and establishing or controlling the prices based on minimum standards of fill, quantity, or alcoholic content for each individual sale of alcoholic beverages as deemed necessary for retail or consumer protection. However, the division shall not regulate markups, prices, discounts, allowances, or other terms of sale at which alcoholic liquor may be purchased by the retail public or liquor control licensees from class “E” liquor control licensees or at which wine may be purchased and sold by class “A” and retail wine permittees, or change, nullify, or vary the terms of an agreement between a holder of a vintner certificate of compliance and a class “A” wine permittee.7.  Prescribing the official seals, labels, or other markings which shall be attached to or stamped on packages of alcoholic liquor sold under this chapter.8.  Prescribing, subject to this chapter, the days and hours during which state warehouses shall be kept open for the purpose of the sale and delivery of alcoholic liquors.9.  Prescribing the place and the manner in which alcoholic liquor may be lawfully kept or stored by the licensed manufacturer under this chapter.10.  Prescribing the time, manner, means, and method by which distillers, vendors, or others authorized under this chapter may deliver or transport alcoholic liquors and prescribing the time, manner, means, and methods by which alcoholic liquor may be lawfully conveyed, carried, or transported.11.  Prescribing, subject to the provisions of this chapter, the conditions and qualifications necessary for the obtaining of licenses and permits and the books and records to be kept and the remittances to be made by those holding licenses and permits and providing for the inspection of the records of all such licensees and permittees.12.  Providing for the issuance of combination licenses and permits with fees consistent with individual license and permit fees as may be necessary for the efficient administration of this chapter.13.  Providing for the issuance of a waiver for an individual of legal age desiring to import alcoholic liquor, wine, or beer in excess of the amount provided in section 123.22, 123.122, or 123.171, as applicable. The waiver shall be limited to those individuals who were domiciled outside the state within one year of the request for a waiver and shall provide that any alcoholic liquor, wine, or beer imported pursuant to the waiver shall be for personal consumption only in a private home or other private accommodation.14.  Prescribing the uniform fee to be assessed against a class “B” beer permittee, class “C” native wine permittee, or liquor control licensee, except a class “E” liquor control licensee, to cover the administrative costs incurred by the division resulting from the failure of the licensee or permittee to maintain dramshop liability insurance coverage pursuant to section 123.92, subsection 2, paragraph “a”.15.  Prescribing the uniform fee, not to exceed one hundred dollars, to be assessed against a licensee or permittee for a contested case hearing conducted by the division or by an administrative law judge from the department of inspections and appeals which results in administrative action taken against the licensee or permittee by the division.[C35, §1921-f17; C39, §1921.017; C46, 50, 54, 58, 62, 66, 71, §123.17; C73, 75, 77, 79, 81, §123.21]85 Acts, ch 32, §16, 17, 86 Acts, ch 1122, §7, 86 Acts, ch 1245, §739, 86 Acts, ch 1246, §731, 732, 2015 Acts, ch 30, §2042016 Acts, ch 1008, §2, 2018 Acts, ch 1060, §6, 2018 Acts, ch 1096, §1, 6, 7, 2019 Acts, ch 113, §3, 4
Former §123.10 transferred to §123.7; 2015 Acts, ch 30, §204
Subsection 13 amended
NEW subsections 14 and 15
123.11 Compensation and expenses.Members of the commission, the administrator, and other employees of the division shall be allowed their actual and necessary expenses while traveling on business of the division outside of their place of residence, however, an itemized account of such expenses shall be verified by the claimant and approved by the administrator. If such account is paid, the same shall be filed with the division and be and remain a part of its permanent records. Each member appointed to the commission is entitled to receive reimbursement of actual expenses incurred while attending meetings. Each member of the commission may also be eligible to receive compensation as provided in section 7E.6. All expenses and salaries of commission members, the administrator, and other employees shall be paid from appropriations for such purposes and the division shall be subject to the budget requirements of chapter 8.[C35, §1921-f11; C39, §1921.011; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.11]2015 Acts, ch 30, §40123.12Exemption from suit.No commission member or officer or employee of the division shall be personally liable for damages sustained by any person due to the act of such member, officer, or employee performed in the reasonable discharge of the member’s, officer’s, or employee’s duties as enumerated in this chapter.[C35, §1921-f13; C39, §1921.013; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.13]2015 Acts, ch 30, §204123.12
Former §123.12 repealed by 2015 Acts, ch 30, §198
123.13 Prohibitions on commission members and employees.1.  Commission members, officers, and employees of the division shall not, while holding such office or position, do any of the following:a.  Hold any other office or position under the laws of this state, or any other state or territory or of the United States.b.  Engage in any occupation, business, endeavor, or activity which would or does conflict with their duties under this chapter.c.  Directly or indirectly, use their office or employment to influence, persuade, or induce any other officer, employee, or person to adopt their political views or to favor any particular candidate for an elective or appointive public office.d.  Directly or indirectly, solicit or accept, in any manner or way, any money or other thing of value for any person seeking an elective or appointive public office, or to any political party or any group of persons seeking to become a political party.2.  Except as provided in section 123.5, subsection 3, a commission member or division employee shall not, directly or indirectly, individually, or as a member of a partnership or shareholder in a corporation, have any interest in dealing in or in the manufacture of alcoholic liquor, wine, or beer, and shall not receive any kind of profit nor have any interest in the purchase or sale of alcoholic liquor, wine, or beer by persons so authorized under this chapter. However, this subsection does not prohibit any member or employee from lawfully purchasing and keeping alcoholic liquor, wine, or beer in the member’s or employee’s possession for personal use.3.  Any officer or employee violating this section or any other provisions of this chapter shall, in addition to any other penalties provided by law, be subject to suspension or discharge from employment. Any commission member shall, in addition to any other penalties provided by law, be subject to removal from office as provided by chapter 66.[C35, §1921-f14; C39, §1921.014; C46, 50, 54, 58, 62, 66, 71, §123.14; C73, 75, 77, 79, 81, §123.17]2015 Acts, ch 30, §41, 204123.13
Former §123.13 transferred to §123.12 pursuant to directive in 2015 Acts, ch 30, §204
123.14Alcoholic beverage control law enforcement.1.  The department of public safety is the primary alcoholic beverage control law enforcement authority for this state.2.  The county attorney, the county sheriff and the sheriff’s deputies, and the police department of every city, and the alcoholic beverages division of the department of commerce, shall be supplementary aids to the department of public safety. Any neglect, misfeasance, or malfeasance shown by any peace officer included in this section shall be sufficient cause for the peace officer’s removal as provided by law. This section shall not be construed to affect the duties and responsibilities of any county attorney or peace officer with respect to law enforcement.3.  The department of public safety shall have full access to all records, reports, audits, tax reports and all other documents and papers in the alcoholic beverages division pertaining to liquor licensees and wine and beer permittees and their business.[C35, §1921-f94; C39, §1921.093; C46, 50, 54, 58, 62, 66, 71, §123.93; C73, 75, 77, 79, 81, §123.14]85 Acts, ch 32, §11, 88 Acts, ch 1241, §2, 2002 Acts, ch 1119, §11, 2005 Acts, ch 35, §28, 2018 Acts, ch 1060, §7Referred to in 331.653, 331.756123.15Favors from licensee or permittee.A person responsible for the administration or enforcement of this chapter shall not accept or solicit donations, gratuities, political advertising, gifts, or other favors, directly or indirectly, from any liquor control licensee, wine permittee, or beer permittee.[C35, §1921-f27; C39, §1921.027; C46, 50, 54, 58, 62, 66, 71, §123.27; C73, 75, 77, 79, 81, §123.18]85 Acts, ch 32, §14, 2015 Acts, ch 30, §204123.15123.16Annual report.The commission shall cause to be prepared an annual report to the governor of the state, ending with June 30 of each fiscal year, on the operation and financial position of the division for the preceding fiscal year. The report shall include but is not limited to the following information:1.  Amount of profit or loss from division operations.2.  The current balance of the beer and liquor control fund, and the amount transferred from the fund to the treasurer of state during the period covered by the report.3.  All other funds on hand and the source from which derived.4.  The total quantity and particular kind of alcoholic liquor sold.5.  The increase or decrease of liquor sales from the previous reporting period.6.  The number of liquor control licenses, wine permits, and beer permits issued, by class, the number in effect on the last day included in the report, and the number which have been suspended or revoked during the period covered by the report.7.  Amount of fees paid to the division from liquor control licenses, wine permits, and beer permits, in gross, and the amount of liquor control license fees returned to local subdivisions of government as provided under this chapter.[C35, §1921-f53; C39, §1921.053; C46, 50, 54, 58, 62, 66, 71, §123.53; C73, 75, 77, 79, 81, §123.55]85 Acts, ch 32, §48, 86 Acts, ch 1246, §748, 2013 Acts, ch 35, §22, 2015 Acts, ch 30, §204123.16
Former §123.16 transferred to §123.8; 2015 Acts, ch 30, §204
123.17Beer and liquor control fund — allocations to substance abuse programs — use of civil penalties.1.  There shall be established within the office of the treasurer of state a fund to be known as the beer and liquor control fund. The fund shall consist of any moneys appropriated by the general assembly for deposit in the fund and moneys received from the sale of alcoholic liquors by the division, from the issuance of permits and licenses, and of moneys and receipts received by the division from any other source.2.a.  The director of the department of administrative services shall periodically transfer from the beer and liquor control fund to the general fund of the state those revenues of the division which are not necessary for the purchase of liquor for resale by the division, or for remittances to local authorities or other sources as required by this chapter, or for other obligations and expenses of the division which are paid from such fund.b.  All moneys received by the division from the issuance of vintner’s certificates of compliance and wine permits shall be transferred by the director of the department of administrative services to the general fund of the state.3.  Notwithstanding subsection 2, if gaming revenues under sections 99D.17 and 99F.11 are insufficient in a fiscal year to meet the total amount of such revenues directed to be deposited in the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund during the fiscal year pursuant to section 8.57, subsection 5, paragraph “e”, the difference shall be paid from moneys deposited in the beer and liquor control fund prior to transfer of such moneys to the general fund pursuant to subsection 2 and prior to the transfer of such moneys pursuant to subsections 5 and 6. If moneys deposited in the beer and liquor control fund are insufficient during the fiscal year to pay the difference, the remaining difference shall be paid from moneys deposited in the beer and liquor control fund in subsequent fiscal years as such moneys become available.4.  The treasurer of state shall, each quarter, prepare an estimate of the gaming revenues and of the moneys to be deposited in the beer and liquor control fund that will become available during the remainder of the appropriate fiscal year for the purposes described in subsection 3. The department of management, the department of inspections and appeals, and the department of commerce shall take appropriate actions to provide that the sum of the amount of gaming revenues available to be deposited into the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund during a fiscal year and the amount of moneys to be deposited in the beer and liquor control fund available to be deposited into the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund during such fiscal year will be sufficient to cover any anticipated deficiencies.5.  After any transfer provided for in subsection 3 is made, the department of commerce shall transfer into a special revenue account in the general fund of the state, a sum of money at least equal to seven percent of the gross amount of sales made by the division from the beer and liquor control fund on a monthly basis but not less than nine million dollars annually. Of the amounts transferred, two million dollars, plus an additional amount determined by the general assembly, shall be appropriated to the Iowa department of public health for use by the staff who administer the comprehensive substance abuse program under chapter 125 for substance abuse treatment and prevention programs. Any amounts received in excess of the amounts appropriated to the Iowa department of public health for use by the staff who administer the comprehensive substance abuse program under chapter 125 shall be considered part of the general fund balance.6.  After any transfers provided for in subsections 3 and 5, the department of commerce shall transfer to the division from the beer and liquor control fund and before any other transfer to the general fund, an amount sufficient to pay the costs incurred by the division for collecting and properly disposing of the liquor containers.7.  Civil penalties imposed and collected by the division shall be credited to the general fund of the state. The moneys from the civil penalties shall be used by the division, subject to appropriation by the general assembly, for the purposes of providing educational programs, information and publications for alcoholic beverage licensees and permittees, local authorities, and law enforcement agencies regarding the laws and rules which govern the alcoholic beverages industry, and for promoting compliance with alcoholic beverage laws and rules.[C35, §1921-f50; C39, §1921.050; C46, 50, 54, 58, 62, 66, 71, §123.50; C73, 75, 77, 79, 81, §123.53]85 Acts, ch 32, §45 – 47, 86 Acts, ch 1246, §603, 747, 88 Acts, ch 1151, §1, 88 Acts, ch 1250, §10, 92 Acts, ch 1242, §25, 93 Acts, ch 91, §19, 99 Acts, ch 199, §32, 2003 Acts, ch 145, §286, 2005 Acts, ch 179, §144, 146, 2006 Acts, ch 1010, §51, 2007 Acts, ch 126, §23, 2009 Acts, ch 41, §263, 2009 Acts, ch 173, §31, 32, 36, 2010 Acts, ch 1184, §92, 2011 Acts, ch 34, §35, 2012 Acts, ch 1021, §136, 2015 Acts, ch 30, §204123.17Referred to in 8.57, 24.14, 123.24, 123.39, 123.183
Former §123.17 transferred to §123.13; 2015 Acts, ch 30, §204
123.18Appropriations.Division appropriations shall be paid by the treasurer of state upon the orders of the administrator, in such amounts and at such times as the administrator deems necessary to carry on operations in accordance with the terms of this chapter.[C35, §1921-f52; C39, §1921.052; C46, 50, 54, 58, 62, 66, 71, §123.52; C73, 75, 77, 79, 81, §123.54]2015 Acts, ch 30, §204123.18
Former §123.18 transferred to §123.15; 2015 Acts, ch 30, §204
123.19Distiller’s certificate of compliance — injunction — penalty.Transferred to §123.23; 2015 Acts, ch 30, §204.123.20Powers.Transferred to §123.9; 2015 Acts, ch , §.123.21Rules.Transferred to §123.10; 2015 Acts, ch 30, §204.123.22State monopoly.1.  The division has the exclusive right of importation into the state of all forms of alcoholic liquor, except as otherwise provided in this chapter, and a person shall not import alcoholic liquor, except that an individual of legal age may import and have in the individual’s possession an amount of alcoholic liquor not exceeding nine liters per calendar month that the individual personally obtained outside the state. Alcoholic liquor imported by an individual pursuant to this subsection shall be for personal consumption only in a private home or other private accommodation. A distillery shall not sell alcoholic liquor within the state to any person but only to the division, except as otherwise provided in this chapter. This section vests in the division exclusive control within the state as purchaser of all alcoholic liquor sold by distilleries within the state or imported, except beer and wine, and except as otherwise provided in this chapter. The division shall receive alcoholic liquor on a bailment system for resale by the division in the manner set forth in this chapter. The division shall act as the sole wholesaler of alcoholic liquor to class “E” liquor control licensees.2.a.  A person, acting individually or through another acting for the person, shall not directly or indirectly, or upon any pretense or by any device, do any of the following:(1)  Manufacture, sell, exchange, barter, dispense, give in consideration of the purchase of any property or of any services or in evasion of this chapter, or keep for sale, or have possession of any alcoholic liquor, except as provided in this chapter.(2)  Own, keep, or be in any way concerned, engaged, or employed in owning or keeping, any alcoholic liquor with intent to violate any provision of this chapter, or authorize or permit the same to be done.(3)  Manufacture, own, sell, or have possession of any manufactured or compounded article, mixture or substance, not in a liquid form, and containing alcohol which may be converted into a beverage by a process of pressing or straining the alcohol therefrom, or any instrument intended for use and capable of being used in the manufacture of alcoholic liquor.(4)  Own or have possession of any material used exclusively in the manufacture of alcoholic liquor.(5)  Use or have possession of any material with intent to use it in the manufacture of alcoholic liquors.b.  However, alcohol may be manufactured for industrial and nonbeverage purposes by persons who have qualified for that purpose as provided by the laws of the United States and the laws of this state. Such alcohol, so manufactured, may be denatured, transported, used, possessed, sold, and bartered and dispensed, subject to the limitations, prohibitions and restrictions imposed by the laws of the United States and this state.c.  Any person may manufacture, sell, or transport ingredients and devices other than alcohol for the making of homemade wine or beer.[C51, §924 – 928; R60, §1559, 1563, 1583, 1587; C73, §1523, 1540 – 1542, 1555; C97, §2382; SS15, §2382; C24, 27, 31, §1924; C35, §1921-f54, 1924; C39, §1921.054, 1924; C46, 50, 54, 58, 62, 66, 71, §123.54, 125.3; C73, 75, 77, 79, 81, §123.22]85 Acts, ch 32, §18, 86 Acts, ch 1246, §733, 88 Acts, ch 1241, §4, 89 Acts, ch 161, §2, 2017 Acts, ch 119, §2, 2018 Acts, ch 1026, §38, 2018 Acts, ch 1060, §8, 2018 Acts, ch 1096, §2, 6Referred to in 123.10, 123.26, 123.28123.23Distiller’s certificate of compliance — injunction — penalty.1.  Any manufacturer, distiller, or importer of alcoholic liquors shipping, selling, or having alcoholic liquors brought into this state for resale by the state shall, as a condition precedent to the privilege of so trafficking in alcoholic liquors in this state, annually make application for and hold a distiller’s certificate of compliance which shall be issued by the administrator for that purpose. No brand of alcoholic liquor shall be sold by the division in this state unless the manufacturer, distiller, importer, and all other persons participating in the distribution of that brand in this state have obtained a certificate. The certificate of compliance shall expire at the end of one year from the date of issuance and shall be renewed for a like period upon application to the administrator unless otherwise suspended or revoked for cause. Each completed application for a certificate of compliance or renewal shall be submitted electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of fifty dollars payable to the division. However, this subsection need not apply to a manufacturer, distiller, or importer who ships or sells in this state no more than eleven gallons or its case equivalent during any fiscal year as a result of “special orders” which might be placed, as defined and allowed by divisional rules adopted under this chapter.2.  At the time of applying for a certificate of compliance, each applicant shall submit to the division electronically, or in a manner prescribed by the administrator, the name and address of its authorized agent for service of process which shall remain effective until changed for another, and a list of names and addresses of all representatives, employees, or attorneys whom the applicant has appointed in the state of Iowa to represent it for any purpose. The listing shall be amended by the certificate holder as necessary to keep the listing current with the division.3.  The administrator and the attorney general are authorized to require any certificate holder or person listed as the certificate holder’s representative, employee, or attorney to disclose such financial and other records and transactions as may be considered relevant in discovering violations of this chapter or of rules and regulations of the division or of any other provision of law by any person.4.  Any violation of the requirements of this chapter or rules adopted pursuant to this chapter shall subject the holder of a distiller’s certificate of compliance to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the certificate, or revocation of the certificate, after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A. However, willful failure to comply with requirements which may be imposed under subsection 3 is grounds for suspension or revocation of the certificate of compliance only.5.  This section shall not require the listing of those persons who are employed on premises where alcoholic liquors are manufactured, processed, bottled, or packaged in Iowa or persons who are thereafter engaged in the transporting of such alcoholic liquors to the division.6.  The attorney general may also proceed pursuant to the provisions of section 714.16 in order to gain compliance with subsection 3 of this section and may obtain an injunction prohibiting any further violations of this chapter or other provisions of law. Any violation of that injunction shall be punished as contempt of court pursuant to chapter 665 except that the maximum fine that may be imposed shall not exceed fifty thousand dollars.[C73, 75, 77, 79, 81, §123.19]85 Acts, ch 32, §15, 86 Acts, ch 1237, §6, 93 Acts, ch 91, §3, 2013 Acts, ch 35, §2, 2015 Acts, ch 30, §204123.232017 Acts, ch 119, §3, 2018 Acts, ch 1060, §9, 2019 Acts, ch 113, §5Referred to in 123.32
Subsections 1 and 4 amended
123.24Alcoholic liquor sales by the division — dishonored payments — liquor prices.1.  The division shall sell alcoholic liquor at wholesale only. The division shall sell alcoholic liquor to class “E” liquor control licensees only. The division shall offer the same price on alcoholic liquor to all class “E” liquor control licensees without regard for the quantity of purchase or the distance for delivery. 2.  The price of alcoholic liquor sold by the division shall consist of the following:a.  The manufacturer’s price.b.  A markup of up to fifty percent of the wholesale price paid by the division for the alcoholic liquor. The division may increase the markup on selected kinds of alcoholic liquor sold by the division if the average return to the division on all sales of alcoholic liquor does not exceed the wholesale price paid by the division and the fifty percent markup.c.  A split case charge in an amount determined by the division when alcoholic liquor is sold in quantities which require a case to be split.d.  A bottle surcharge in an amount sufficient, when added to the amount not refunded to class “E” liquor control licensees pursuant to section 455C.2, to pay the costs incurred by the division for collecting and properly disposing of the liquor containers. The amount collected pursuant to this paragraph, in addition to any amounts not refunded to class “E” liquor control licensees pursuant to section 455C.2, shall be deposited in the beer and liquor control fund established under section 123.17.3.a.  The division may accept from a class “E” liquor control licensee electronic funds transferred by automated clearing house, wire transfer, or another method deemed acceptable by the administrator, in payment of alcoholic liquor. If a payment is subsequently dishonored, the division shall cause a notice of nonpayment and penalty to be served upon the class “E” liquor control licensee or upon any person in charge of the licensed premises. The notice shall state that if payment or satisfaction for the dishonored payment is not made within ten days of the service of notice, the licensee’s liquor control license may be suspended under section 123.39. The notice of nonpayment and penalty shall be in a form prescribed by the administrator, and shall be sent by certified mail.b.  If upon notice and hearing under section 123.39 and pursuant to the provisions of chapter 17A concerning a contested case hearing, the administrator determines that the class “E” liquor control licensee failed to satisfy the obligation for which the payment was issued within ten days after the notice of nonpayment and penalty was served on the licensee as provided in paragraph “a” of this subsection, the administrator may suspend the licensee’s class “E” liquor control license for a period not to exceed ten days.4.  The administrator may refuse to sell alcoholic liquor to a class “E” liquor control licensee who tenders a payment which is subsequently dishonored until the outstanding obligation is satisfied.[C35, §1921-f20, 1921-f41; C39, §1921.020, 1921.041; C46, 50, 54, 58, 62, 66, 71, §123.20, 123.41; C73, 75, 77, 79, 81, §123.24; 1981 Acts, ch 56, §1]86 Acts, ch 1246, §734, 87 Acts, ch 22, §1, 2, 88 Acts, ch 1158, §29, 88 Acts, ch 1241, §5, 92 Acts, ch 1242, §24, 93 Acts, ch 91, §4, 5, 2013 Acts, ch 35, §21, 2019 Acts, ch 113, §6 – 8Referred to in 123.176
Subsection 1 amended
NEW subsection 2 and former subsections 2 and 3 renumbered as 3 and 4
Former subsections 4 and 5 stricken
123.25Consumption on premises.An officer, clerk, agent, or employee of the division employed in a state-owned warehouse shall not allow any alcoholic beverage to be consumed on the premises, nor shall a person consume any alcoholic liquor on the premises except for testing or sampling purposes only.[C35, §1921-f23; C39, §1921.023; C46, 50, 54, 58, 62, 66, 71, §123.23; C73, 75, 77, 79, 81, §123.25]86 Acts, ch 1122, §8, 86 Acts, ch 1246, §735, 2018 Acts, ch 1060, §10123.26Restrictions on sales — seals — labeling.Alcoholic liquor shall not be sold by a class “E” liquor control licensee except in a sealed container with identifying markers as prescribed by the administrator and affixed in the manner prescribed by the administrator, and no such container shall be opened upon the premises of a state warehouse. The division shall cooperate with the department of natural resources so that only one identifying marker or mark is needed to satisfy the requirements of this section and section 455C.5, subsection 1. Possession of alcoholic liquors which do not carry the prescribed identifying markers is a violation of this chapter except as provided in section 123.22.[C35, §1921-f24; C39, §1921.024; C46, 50, 54, 58, 62, 66, 71, §123.24; C73, 75, 77, 79, 81, §123.26]1986 Acts, ch 1246, §736; 1987 Acts, ch 22, §3Referred to in 123.28123.27Sales and deliveries prohibited.It is unlawful to transact the sale or delivery of alcoholic liquor in, on, or from the premises of a state warehouse:1.  After the closing hour as established by the administrator.2.  On any legal holiday except those designated by the administrator.3.  During other periods or days as designated by the administrator.[C35, §1921-f25; C39, §1921.025; C46, 50, 54, 58, 62, 66, 71, §123.25; C73, 75, 77, 79, 81, §123.27; 1981 Acts, ch 6, §11]85 Acts, ch 32, §20, 86 Acts, ch 1122, §9, 86 Acts, ch 1246, §737, 89 Acts, ch 161, §3, 2019 Acts, ch 113, §9
Subsection 3 stricken and former subsection 4 renumbered as 3
123.28Restrictions on transportation.1.  It is lawful to transport, carry, or convey alcoholic liquors from the place of purchase by the division to a state warehouse or depot established by the division or from one such place to another and, when so permitted by this chapter, it is lawful for the division, a common carrier, or other person to transport, carry, or convey alcoholic liquor sold from a state warehouse, depot, or point of purchase by the state to any place to which the liquor may be lawfully delivered under this chapter.2.  The division shall deliver alcoholic liquor purchased by class “E” liquor control licensees. Class “E” liquor control licensees may deliver alcoholic liquor purchased by class “A”, class “B”, class “C”, class “C” native distilled spirits, or class “D” liquor control licensees, and class “A”, class “B”, class “C”, class “C” native distilled spirits, or class “D” liquor control licensees may transport alcoholic liquor purchased from class “E” liquor control licensees.3.  A common carrier or other person shall not break or open or allow to be broken or opened a container or package containing alcoholic liquor or use or drink or allow to be used or drunk any alcoholic liquor while it is being transported or conveyed. 4.  This section does not prohibit a private person from transporting individual bottles or containers of alcoholic liquor exempted pursuant to section 123.22 and individual bottles or containers bearing the identifying mark prescribed in section 123.26 which have been opened previous to the commencement of the transportation.5.  This section does not affect the right of a liquor control license holder to purchase, possess, or transport alcoholic liquors subject to this chapter.[C35, §1921-f26; C39, §1921.026; C46, 50, 54, 58, 62, 66, 71, §123.26; C73, 75, 77, 79, 81, §123.28; 1981 Acts, ch 6, §12]84 Acts, ch 1275, §1, 85 Acts, ch 196, §1, 86 Acts, ch 1020, §1, 86 Acts, ch 1246, §738, 87 Acts, ch 170, §1, 95 Acts, ch 48, §1, 2017 Acts, ch 119, §4, 2018 Acts, ch 1060, §11, 2019 Acts, ch 113, §10
See also §321.284
Subsection 2 amended
123.29Patent and proprietary products and sacramental wine.1.  This chapter does not prohibit the sale of patent and proprietary medicines, tinctures, food products, extracts, toiletries, perfumes, and similar products, which are not susceptible of use as a beverage, but which contain alcoholic liquor, wine, or beer as one of their ingredients. These products may be sold through ordinary wholesale and retail businesses without a license or permit issued by the division.2.  This chapter does not prohibit a member of the clergy of any religious denomination which uses vinous liquor in its sacramental ceremonies from purchasing, receiving, possessing, and using vinous liquor for sacramental purposes.[C24, 27, 31, §2171; C35, §1921-f27, 2171; C39, §1921.027, 2171; C46, 50, 54, 58, 62, 66, 71, §123.27, 134.1; C73, 75, 77, 79, 81, §123.29]1985 Acts, ch 32, §21; 1986 Acts, ch 1246, §739,740; 1989 Acts, ch 161, §4-6; 1993 Acts, ch 91, §6123.30Liquor control licenses — classes.1.a.  A liquor control license may be issued to any person who is of good moral character as defined by this chapter.b.  As a condition for issuance of a liquor control license or wine or beer permit, the applicant must give consent to members of the fire, police, and health departments and the building inspector of cities; the county sheriff or deputy sheriff; members of the department of public safety; representatives of the division and of the department of inspections and appeals; certified police officers; and any official county health officer to enter upon areas of the premises where alcoholic beverages are stored, served, or sold, without a warrant during business hours of the licensee or permittee to inspect for violations of this chapter or ordinances and regulations that cities and boards of supervisors may adopt. However, a subpoena issued under section 421.17 or a warrant is required for inspection of private records, a private business office, or attached living quarters. Persons who are not certified peace officers shall limit the scope of their inspections of licensed premises to the regulatory authority under which the inspection is conducted. All persons who enter upon a licensed premises to conduct an inspection shall present appropriate identification to the owner of the establishment or the person who appears to be in charge of the establishment prior to commencing an inspection; however, this provision does not apply to undercover criminal investigations conducted by peace officers.c.  As a further condition for the issuance of a class “E” liquor control license, the applicant shall post a bond in a sum of not less than five thousand nor more than fifteen thousand dollars as determined on a sliding scale established by the division; however, a bond shall not be required if all purchases of alcoholic liquor from the division by the licensee are made by means that ensure that the division will receive full payment in advance of delivery of the alcoholic liquor.d.  A class “E” liquor control license may be issued to a city council for premises located within the limits of the city if there are no class “E” liquor control licensees operating within the limits of the city and no other applications for a class “E” license for premises located within the limits of the city at the time the city council’s application is filed. If a class “E” liquor control license is subsequently issued to a private person for premises located within the limits of the city, the city council shall surrender its license to the division within one year of the date that the class “E” liquor control licensee begins operating, liquidate any remaining assets connected with the liquor store, and cease operating the liquor store.2.  A liquor control license shall not be issued for premises which do not constitute a safe and proper place or building and which do not conform to all applicable laws, ordinances, resolutions, and health and fire regulations. A licensee shall not have or maintain any interior access to residential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit.3.  Liquor control licenses issued under this chapter shall be of the following classes:a.Class “A”.A class “A” liquor control license may be issued to a club and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class “E” liquor control licensees only, wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to bona fide members and their guests by the individual drink for consumption on the premises only.b.Class “B”.A class “B” liquor control license may be issued to a hotel or motel and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class “E” liquor control licensees only, wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. Each license shall be effective throughout the premises described in the application.c.Class “C”.(1)  A class “C” liquor control license may be issued to a commercial establishment but must be issued in the name of the individuals who actually own the entire business and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class “E” liquor control licensees only, wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. The holder of a class “C” liquor control license may also hold a special class “A” beer permit for the premises licensed under a class “C” liquor control license for the purpose of operating a brewpub pursuant to this chapter.(2)  A special class “C” liquor control license may be issued to a commercial establishment and shall authorize the holder to purchase wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in sections 123.173 and 123.177, and to sell wine and beer to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. The license issued to holders of a special class “C” liquor control license shall clearly state on its face that the license is limited.(3)  A class “C” native distilled spirits liquor control license may be issued to a native distillery but shall be issued in the name of the individuals who actually own the business and shall only be issued to a native distillery which, combining all production facilities of the business, produces and manufactures not more than one hundred thousand proof gallons of distilled spirits on an annual basis. The license shall authorize the holder to sell native distilled spirits manufactured on the premises of the native distillery to patrons by the individual drink for consumption on the premises. All native distilled spirits sold by a native distillery for on-premises consumption shall be purchased from a class “E” liquor control licensee in original unopened containers.d.Class “D”.(1)  A class “D” liquor control license may be issued to a railway corporation, to an air common carrier, and to passenger-carrying boats or ships for hire with a capacity of twenty-five persons or more operating in inland or boundary waters, and shall authorize the holder to sell or furnish alcoholic beverages to passengers for consumption only on trains, watercraft as described in this section, or aircraft, respectively. Each license is valid throughout the state. Only one license is required for all trains, watercraft, or aircraft operated in the state by the licensee. However, if a watercraft is an excursion gambling boat licensed under chapter 99F, the owner shall obtain a separate class “D” liquor control license for each excursion gambling boat operating in the waters of this state.(2)  A class “D” liquor control licensee who operates a train or a watercraft intrastate only, or an excursion gambling boat licensed under chapter 99F, shall purchase alcoholic liquor in original unopened containers from a class “E” liquor control licensee only, wine from a class “A” wine permittee or a class “B” wine permittee who also holds a class “E” liquor control license only as provided in sections 123.173 and 123.177, and beer from a class “A” beer permittee only.e.Class “E”.(1)  A class “E” liquor control license may be issued and shall authorize the holder to purchase alcoholic liquor in original unopened containers from the division only and high alcoholic content beer from a class “A” beer permittee only and to sell the alcoholic liquor in original unopened containers and high alcoholic content beer at retail to patrons for consumption off the licensed premises and at wholesale to other liquor control licensees, provided the holder has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury. A holder of a class “E” liquor control license may hold other retail liquor control licenses or retail wine or beer permits, but the premises licensed under a class “E” liquor control license shall be separate from other licensed premises, though the separate premises may have a common entrance. However, the holder of a class “E” liquor control license may also hold a class “B” wine or class “C” beer permit or both for the premises licensed under a class “E” liquor control license.(2)  The division may issue a class “E” liquor control license for premises covered by a liquor control license or wine or beer permit for on-premises consumption under any of the following circumstances: (a)  If the premises are in a county having a population under nine thousand five hundred in which no other class “E” liquor control license has been issued by the division, and no other application for a class “E” liquor control license has been made within the previous twelve consecutive months.(b)  If, notwithstanding any provision of this chapter to the contrary, the premises covered by a liquor control license is a grocery store that is at least five thousand square feet.4.  Notwithstanding any provision of this chapter to the contrary, a person holding a liquor control license to sell alcoholic beverages for consumption on the licensed premises may permit a customer to remove one unsealed bottle of wine for consumption off the premises if the customer has purchased and consumed a portion of the bottle of wine on the licensed premises. The licensee or the licensee’s agent shall securely reseal such bottle in a bag designed so that it is visibly apparent that the resealed bottle of wine has not been tampered with and provide a dated receipt for the resealed bottle of wine to the customer. A wine bottle resealed pursuant to the requirements of this subsection is subject to the requirements of sections 321.284 and 321.284A. A person holding a liquor control license to sell alcoholic beverages for consumption on the licensed premises may permit a customer to carry an open container of wine from the person’s licensed premises into another immediately adjacent licensed premises that is covered by a license or permit that authorizes the consumption of wine, a temporarily closed public right-of-way, or a private place.[C35, §1921-f27; C39, §1921.027; C46, 50, 54, 58, 62, 66, 71, §123.27; C73, 75, 77, 79, 81, §123.30]85 Acts, ch 32, §22, 86 Acts, ch 1246, §741, 742, 87 Acts, ch 22, §4 – 6, 88 Acts, ch 1088, §2, 3, 88 Acts, ch 1241, §6, 7, 90 Acts, ch 1175, §6, 91 Acts, ch 203, §1, 93 Acts, ch 91, §7, 8, 2009 Acts, ch 41, §263, 2009 Acts, ch 74, §1, 2010 Acts, ch 1193, §111, 140, 2011 Acts, ch 17, §6, 2013 Acts, ch 30, §22, 2014 Acts, ch 1092, §28, 2016 Acts, ch 1008, §3, 2017 Acts, ch 29, §38, 39, 2017 Acts, ch 119, §5, 19, 40, 2018 Acts, ch 1060, §12, 2018 Acts, ch 1172, §54 – 60, 2019 Acts, ch 113, §11 – 13Referred to in 12.43, 123.33, 123.36, 123.43, 123.43A, 123.95, 123.127, 123.128, 123.129, 123.138, 123.175, 123.185
Subsections 2 and 4 amended
Subsection 5 stricken
123.31Liquor control licenses — application contents.Verified applications for the original issuance or the renewal of liquor control licenses shall be submitted electronically, or in a manner prescribed by the administrator, and shall set forth under oath the following information:1.  The name and address of the applicant.2.  The precise location of the premises for which a license is sought.3.  The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.4.  When required by the administrator, a sketch or drawing of the premises proposed to be licensed, in such form and containing such information as the administrator may require.5.  A statement whether any person specified in subsection 3 has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.6.  Such other information as the administrator shall require.[C35, §1921-f27; C39, §1921.027; C46, 50, 54, 58, 62, 66, 71, §123.27; C73, 75, 77, 79, 81, §123.31]93 Acts, ch 91, §9, 2000 Acts, ch 1201, §2, 2011 Acts, ch 17, §7, 2013 Acts, ch 35, §3, 2017 Acts, ch 119, §6, 2019 Acts, ch 113, §14Referred to in 123.32
Subsection 3 amended
123.32Action by local authorities and division on applications for liquor control licenses, native distilled spirits licenses, and wine and beer permits.1.Filing of application.a.  A completed application for a class “A”, class “B”, class “C”, special class “C”, class “C” native distilled spirits, or class “E” liquor control license as provided in section 123.31, for a retail beer permit as provided in sections 123.128 and 123.129, or for a class “B”, class “B” native, or class “C” native retail wine permit as provided in section 123.175, shall be filed with the appropriate city council if the premises for which the license or permit is sought are located within the corporate limits of a city, or with the board of supervisors if the premises for which the license or permit is sought are located outside the corporate limits of a city.b.  A completed application for a class “D” liquor control license and for any of the following certificates, licenses, or permits shall be submitted to the division electronically, or in a manner prescribed by the administrator, which shall proceed in the same manner as in the case of an application approved by local authorities:(1)  A certificate of compliance as provided in sections 123.23, 123.135, and 123.180.(2)  A class “D” liquor control license as provided in section 123.31.(3)  A manufacturer’s license as provided in section 123.41.(4)  A broker’s permit as provided in section 123.42.(5)  A class “A” native distilled spirits license as provided in section 123.43.(6)  A class “A” or special class “A” beer permit as provided in section 123.127.(7)  A charity beer, spirits, and wine auction permit as provided in section 123.173A.(8)  A class “A” wine permit as provided in section 123.175.(9)  A wine direct shipper’s permit as provided in section 123.187.(10)  A wine carrier permit as provided in section 123.188.2.Action by local authorities.The local authority shall either approve or disapprove the issuance of a liquor control license, a retail wine permit, or a retail beer permit, shall endorse its approval or disapproval on the application, and shall forward the application with the necessary fee and bond, if required, to the division. There is no limit upon the number of liquor control licenses, retail wine permits, or retail beer permits which may be approved for issuance by local authorities.3.Licensed premises for local events.A local authority may define, by motion of the local authority, licensed premises which shall be used by holders of liquor control licenses, beer permits, and wine permits at festivals, fairs, or celebrations which are sponsored or authorized by the local authority. The licensed premises defined by motion of the local authority shall be used by the holders of five-day or fourteen-day class “A”, class “B”, class “C”, special class “C”, or class “D” liquor control licenses, or five-day or fourteen-day class “B” or class “C” native wine permits, or class “B” beer permits only.4.Security employee training.A local authority, as a condition of obtaining and holding a license or permit for on-premises consumption, may require a designated security employee as defined in section 123.3 to be trained and certified in security methods. The training shall include but is not limited to de-escalation techniques, anger management techniques, civil rights or unfair practices awareness as provided in section 216.7, recognition of fake or altered identification, information on laws applicable to the serving of alcohol at a licensed premises, use of force and techniques for safely removing patrons, and instruction on the proper physical restraint methods used against a person who has become combative.5.Occupancy rates.A local authority located in a county with a population that exceeds three hundred thousand persons, as a condition of obtaining and holding a license or permit for on-premises consumption, shall require the applicant, licensee, or permittee to provide, and update if necessary, the occupancy rate of the licensed premises.6.Action by administrator.a.  Upon receipt of an application having been disapproved by the local authority, the administrator shall notify the applicant that the applicant may appeal the disapproval of the application to the administrator. The applicant shall be notified by certified mail or personal service, and the application, the fee, and any bond shall be returned to the applicant.b.  Upon receipt of an application having been approved by the local authority, the division shall make an investigation as the administrator deems necessary to determine that the applicant complies with all requirements for holding a license or permit, and may require the applicant to appear to be examined under oath to demonstrate that the applicant complies with all of the requirements to hold a license or permit. If the administrator requires the applicant to appear and to testify under oath, a record shall be made of all testimony or evidence and the record shall become a part of the application. The administrator may appoint a member of the division or may request an administrative law judge of the department of inspections and appeals to receive the testimony under oath and evidence, and to issue a proposed decision to approve or disapprove the application for a license or permit. The administrator may affirm, reverse, or modify the proposed decision to approve or disapprove the application for the license or permit. If the application is approved by the administrator, the license or permit shall be issued. If the application is disapproved by the administrator, the applicant shall be so notified by certified mail or personal service and the appropriate local authority shall be notified electronically, or in a manner prescribed by the administrator.7.Appeal to administrator.An applicant for a liquor control license, wine permit, or beer permit may appeal from the local authority’s disapproval of an application for a license or permit to the administrator. In the appeal the applicant shall be allowed the opportunity to demonstrate in an evidentiary hearing conducted pursuant to chapter 17A that the applicant complies with all of the requirements for holding the license or permit. The administrator may appoint a member of the division or may request an administrative law judge from the department of inspections and appeals to conduct the evidentiary hearing and to render a proposed decision to approve or disapprove the issuance of the license or permit. The administrator may affirm, reverse, or modify the proposed decision. If the administrator determines that the applicant complies with all of the requirements for holding a license or permit, the administrator shall order the issuance of the license or permit. If the administrator determines that the applicant does not comply with the requirements for holding a license or permit, the administrator shall disapprove the issuance of the license or permit.8.Judicial review.The applicant or the local authority may seek judicial review of the action of the administrator in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, petitions for judicial review may be filed in the district court of the county where the premises covered by the application are situated.9.Suspension by local authority.A liquor control licensee or a wine or beer permittee whose license or permit has been suspended or revoked or a civil penalty imposed by a local authority for a violation of this chapter or suspended by a local authority for violation of a local ordinance may appeal the suspension, revocation, or civil penalty to the administrator. The administrator may appoint a member of the division or may request an administrative law judge from the department of inspections and appeals to hear the appeal which shall be conducted in accordance with chapter 17A and to issue a proposed decision. The administrator may review the proposed decision upon the motion of a party to the appeal or upon the administrator’s own motion in accordance with chapter 17A. Upon review of the proposed decision, the administrator may affirm, reverse, or modify the proposed decision. A liquor control licensee, wine or beer permittee, or a local authority aggrieved by a decision of the administrator may seek judicial review of the decision pursuant to chapter 17A.[C35, §1921-f27; C39, §1921.027; C46, 50, 54, 58, 62, 66, 71, §123.27; C73, 75, 77, 79, 81, §123.32]85 Acts, ch 32, §23, 86 Acts, ch 1246, §743, 88 Acts, ch 1088, §4, 89 Acts, ch 161, §7, 90 Acts, ch 1177, §1, 91 Acts, ch 97, §22, 93 Acts, ch 91, §10 – 12, 2000 Acts, ch 1201, §3, 2003 Acts, ch 44, §114, 2003 Acts, ch 143, §3, 17, 2005 Acts, ch 13, §2, 2008 Acts, ch 1166, §1, 2009 Acts, ch 137, §1, 2010 Acts, ch 1031, §83, 2013 Acts, ch 35, §4, 2016 Acts, ch 1008, §4, 2017 Acts, ch 119, §7, 41, 2018 Acts, ch 1060, §13, 2019 Acts, ch 113, §15Referred to in 123.39, 331.303
Subsections 1, 2, 3, and 6 amended
123.33Records.Every holder of a license or permit under this chapter shall maintain records, in printed or electronic format, which include income statements, balance sheets, purchase and sales invoices, purchase and sales ledgers, and any other records as the administrator may require. The records required and the premises of the licensee or permittee shall be accessible and open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee or permittee.[C35, §1921-f22; C39, §1921.022; C46, 50, 54, 58, 62, 66, 71, §123.22; C73, 75, 77, 79, 81, §123.33]85 Acts, ch 196, §2, 88 Acts, ch 1241, §8, 2013 Acts, ch 35, §5, 2017 Acts, ch 119, §8, 2018 Acts, ch 1060, §14123.34Expiration of licenses, permits, and certificates of compliance seasonal, fourteen-day, and five-day licenses and permits fees.1.  All licenses, permits, and certificates of compliance, unless sooner suspended or revoked, expire one year from date of issuance. The administrator shall notify a license, permit, or certificate holder electronically, or in a manner prescribed by the administrator, sixty days prior to the expiration of each license, permit, or certificate.2.a.  The administrator may issue six-month or eight-month seasonal class “A”, class “B”, class “C”, special class “C”, and class “D” liquor control licenses, class “B” wine permits, class “B” or class “C” native wine permits, or class “B” beer permits.b.  The fee for a six-month or eight-month seasonal license or permit issued pursuant to this subsection shall be for a proportionate part of the license or permit fee for that class of license or permit. However, the fee for a seasonal class “B” native wine permit shall be the permit fee provided in section 123.179, subsection 4, and the fee for a seasonal class “C” native wine permit shall be the permit fee provided in section 123.179, subsection 5.3.a.  The administrator may issue fourteen-day class “A”, class “B”, class “C”, special class “C”, and class “D” liquor control licenses, and fourteen-day class “B” beer permits, class “B” native wine permits, and class “C” native wine permits.b.  A fourteen-day license or permit, if granted, is valid for fourteen consecutive days, but the holder shall not sell on the two Sundays in the fourteen-day period unless the holder qualifies for and obtains the privilege to sell on Sundays contained in section 123.36, subsection 6, and section 123.134, subsection 4.c.(1)  The fee for a fourteen-day liquor control license or beer permit is one quarter of the annual fee for that class of liquor control license or beer permit. The fee for the privilege to sell on the two Sundays in the fourteen-day period is twenty percent of the price of the fourteen-day liquor control license or beer permit.(2)  The fee for a fourteen-day class “B” native wine permit shall be the permit fee provided in section 123.179, subsection 4, and the fee for a fourteen-day class “C” native wine permit is the permit fee provided in section 123.179, subsection 5.4.a.  The administrator may issue five-day class “A”, class “B”, class “C”, special class “C”, and class “D” liquor control licenses, and five-day class “B” beer permits, class “B” native wine permits, and class “C” native wine permits.b.  A five-day license or permit is valid for five consecutive days, but the holder shall not sell alcoholic beverages on Sunday in the five-day period unless the holder qualifies for and obtains the privilege to sell on Sunday pursuant to section 123.36, subsection 6, and section 123.134, subsection 4.c.(1)  The fee for the five-day liquor control license or beer permit is one-eighth of the annual fee for that class of license or permit. The fee for the privilege to sell on a Sunday in the five-day period is ten percent of the price of the five-day liquor control license or beer permit.(2)  The fee for a five-day class “B” native wine permit shall be the permit fee provided in section 123.179, subsection 4, and the fee for a five-day class “C” native wine permit is the permit fee provided in section 123.179, subsection 5.5.  A refund of fees paid shall not be made for seasonal licenses or permits, or for fourteen-day or five-day liquor control licenses, native wine permits, or beer permits. In addition, a seasonal, fourteen-day, or five-day license or permit shall not be renewed.[C35, §1921-f27, 1921-f100; C39, §1921.027, 1921.100; C46, 50, 54, 58, 62, 66, 71, §123.27, 124.6; C73, 75, 77, 79, 81, §123.34; 1981 Acts, ch 55, §2]85 Acts, ch 32, §24, 86 Acts, ch 1237, §7, 90 Acts, ch 1177, §2, 3, 91 Acts, ch 97, §23, 2016 Acts, ch 1008, §5, 2017 Acts, ch 119, §9, 2018 Acts, ch 1060, §15, 2019 Acts, ch 113, §16
Section amended
123.35Simplified renewal procedure — class “E” procedure.Repealed by 2011 Acts, ch 17, §16.123.36Liquor control license fees — Sunday sales.The following fees shall be paid to the division annually for liquor control licenses issued under section 123.30:1.  Class “A” liquor control licenses, the sum of six hundred dollars, except that for class “A” licenses in cities of less than two thousand population, and for clubs of less than two hundred fifty members, the license fee shall be four hundred dollars; however, the fee shall be two hundred dollars for any club which is a post, branch, or chapter of a veterans organization chartered by the Congress of the United States, if the club does not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week or more than a total of fifty-two days in a year, and if the application for a license states that the club does not and will not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week or more than a total of fifty-two days in a year.2.  Class “B” liquor control licenses, the sum as follows:a.  Hotels or motels located within the corporate limits of cities of ten thousand population and over, one thousand three hundred dollars.b.  Hotels and motels located within the corporate limits of cities of over three thousand and less than ten thousand population, one thousand fifty dollars.c.  Hotels and motels located within the corporate limits of cities of three thousand population and less, eight hundred dollars.d.  Hotels and motels located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a hotel or motel is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.3.  Class “C” liquor control licenses, the sum as follows:a.  Commercial establishments located within the corporate limits of cities of ten thousand population and over, one thousand three hundred dollars.b.  Commercial establishments located within the corporate limits of cities of over fifteen hundred and less than ten thousand population, nine hundred fifty dollars.c.  Commercial establishments located within the corporate limits of cities of fifteen hundred population or less, six hundred dollars.d.  Commercial establishments located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a commercial establishment is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.4.  Class “C” native distilled spirits liquor control license, the sum of two hundred fifty dollars.5.  Class “D” liquor control licenses, the following sums:a.  For watercraft, one hundred fifty dollars.b.  For trains, five hundred dollars.c.  For air common carriers, each company shall pay a base annual fee of five hundred dollars. 6.  Any club, hotel, motel, native distillery, passenger-carrying boat or ship, railway corporation, air common carrier, or commercial establishment holding a liquor control license, subject to section 123.49, subsection 2, paragraph “b”, may apply for and receive permission to sell and dispense alcoholic beverages as authorized by section 123.30 to patrons between the hours of 8:00 a.m.on Sunday and 2:00 a.m.on the following Monday. For the privilege of selling beer, wine, and alcoholic liquor on the premises on Sunday the liquor control license fee of the applicant shall be increased by twenty percent of the regular fee prescribed for the license pursuant to this section, and the privilege shall be noted on the liquor control license.7.  Special class “C” liquor control licenses, a sum as follows:a.  Commercial establishments located within the corporate limits of cities of ten thousand population and over, four hundred fifty dollars.b.  Commercial establishments located within the corporate limits of cities of over fifteen hundred and less than ten thousand population, three hundred dollars.c.  Commercial establishments located within the corporate limits of cities of fifteen hundred population or less, one hundred fifty dollars.d.  Commercial establishments located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a commercial establishment is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.8.  The division shall credit all fees to the beer and liquor control fund. The division shall remit to the appropriate local authority, a sum equal to sixty-five percent of the fees collected for each class “A”, class “B”, or class “C” license except special class “C” licenses or class “E” licenses, covering premises located within the local authority’s jurisdiction. The division shall remit to the appropriate local authority a sum equal to seventy-five percent of the fees collected for each special class “C” license covering premises located within the local authority’s jurisdiction. Those fees collected for the privilege authorized under subsection 6 and those fees collected for each class “E” liquor control license shall be credited to the beer and liquor control fund.9.a.  Class “E” liquor control license, a sum determined as follows:(1)  For licensed premises at which gasoline is not sold, a sum of not less than seven hundred fifty dollars, and not more than seven thousand five hundred dollars as determined on a sliding scale as established by the division taking into account the factors of square footage of the licensed premises, the location of the licensed premises, and the population of the area of the location of the licensed premises.(2)  For licensed premises at which gasoline is sold, a sum equal to the following:(a)  For premises located within the corporate limits of a city with a population of less than one thousand five hundred, three thousand five hundred dollars.(b)  For premises located within the corporate limits of a city with a population of at least one thousand five hundred but less than ten thousand, five thousand dollars.(c)  For premises located within the corporate limits of a city with a population of ten thousand population or more, the greater of five thousand dollars or the amount that would be established pursuant to subparagraph (1) if gasoline were not sold at the premises.(d)  For premises located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed. If there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if the premises is located in an unincorporated town, for purposes of this subparagraph, the unincorporated town shall be treated as if it is a city.b.  Notwithstanding subsection 6, the holder of a class “E” liquor control license may sell alcoholic liquor for consumption off the licensed premises on Sunday subject to section 123.49, subsection 2, paragraph “b”.10.  There is imposed a surcharge on the fee for each class “A”, class “B”, class “C”, class “C” native distilled spirits, or special class “C” liquor control license equal to thirty percent of the scheduled license fee. The surcharges collected under this subsection shall be deposited in the beer and liquor control fund, and notwithstanding subsection 8, no portion of the surcharges collected under this subsection shall be remitted to the local authority.[C35, §1921-f28; C39, §1921.028; C46, 50, 54, 58, 62, 66, 71, §123.38; C73, 75, 77, 79, 81, §123.36]83 Acts, ch 123, §59, 209, 84 Acts, ch 1275, §2, 84 Acts, ch 1312, §6, 85 Acts, ch 32, §26 – 29, 86 Acts, ch 1246, §744, 87 Acts, ch 22, §7, 8, 88 Acts, ch 1241, §9 – 11, 90 Acts, ch 1089, §1, 90 Acts, ch 1175, §7, 91 Acts, ch 245, §1, 93 Acts, ch 91, §14, 94 Acts, ch 1023, §85, 2011 Acts, ch 17, §8, 2017 Acts, ch 119, §42, 43, 2018 Acts, ch 1060, §16, 2019 Acts, ch 113, §17 – 19Referred to in 123.34, 123.49, 123.150, 125.59, 331.427
Subsection 5, paragraph c amended
Subsections 6 and 10 amended
123.37Exclusive power to license and levy taxes — disputed taxes.1.  The power to establish licenses and permits and levy taxes as imposed in this chapter is vested exclusively with the state. Unless specifically provided, a local authority shall not require the obtaining of a special license or permit for the sale of alcoholic beverages at any establishment, or require the obtaining of a license by any person as a condition precedent to the person’s employment in the sale, serving, or handling of alcoholic beverages within an establishment operating under a license or permit.2.  The administrator may compromise and settle doubtful and disputed claims for taxes imposed under this chapter or for taxes of doubtful collectibility, notwithstanding section 7D.9. The administrator may enter into informal settlements pursuant to section 17A.10 to compromise and settle doubtful and disputed claims for taxes imposed under this chapter. The administrator may make a claim under a licensee’s or permittee’s penal bond for taxes of doubtful collectibility. Whenever a compromise or settlement is made, the administrator shall make a complete record of the case showing the tax assessed, reports and audits, if any, the licensee’s or permittee’s grounds for dispute or contest, together with all evidence of the dispute or contest, and the amounts, conditions, and settlement or compromise of the dispute or contest.3.  A licensee or permittee who disputes the amount of tax imposed must pay all tax and penalty pertaining to the disputed tax liability prior to appealing the disputed tax liability to the administrator.4.  The administrator shall adopt rules establishing procedures for payment of disputed taxes imposed under this chapter. If it is determined that the tax is not due in whole or in part, the division shall promptly refund the part of the tax payment which is determined not to be due.[C73, 75, 77, 79, 81, §123.37]85 Acts, ch 32, §30, 88 Acts, ch 1153, §2, 89 Acts, ch 252, §1, 93 Acts, ch 91, §15, 94 Acts, ch 1023, §9, 2007 Acts, ch 22, §35, 2018 Acts, ch 1060, §17123.38Nature of permit or license — surrender — transfer.1.  A liquor control license, wine permit, or beer permit is a personal privilege and is revocable for cause. It is not property nor is it subject to attachment and execution nor alienable nor assignable, and it shall cease upon the death of the permittee or licensee. However, the administrator of the division may in the administrator’s discretion allow the executor or administrator of the estate of a permittee or licensee to operate the business of the decedent for a reasonable time not to exceed the expiration date of the permit or license. Every permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person to use it.2.a.  Any licensee or permittee, or the executor or administrator of the estate of a licensee or permittee, or any person duly appointed by the court to take charge of and administer the property or assets of the licensee or permittee for the benefit of the licensee’s or permittee’s creditors, may voluntarily surrender a license or permit to the division. When a license or permit is surrendered the division shall notify the local authority, and the division or the local authority shall refund to the person surrendering the license or permit, a proportionate amount of the fee received by the division or the local authority for the license or permit as follows: (1)  If a license or permit is surrendered during the first three months of the period for which it was issued, the refund shall be three-fourths of the amount of the fee.(2)  If surrendered more than three months but not more than six months after issuance, the refund shall be one-half of the amount of the fee.(3)  If surrendered more than six months but not more than nine months after issuance, the refund shall be one-fourth of the amount of the fee.(4)  No refund shall be made for any liquor control license, wine permit, or beer permit surrendered more than nine months after issuance.b.  For purposes of this subsection, any portion of license or permit fees used for the purposes authorized in section 331.424, subsection 1, paragraph “a”, subparagraphs (1) and (2), and in section 331.424A, shall not be deemed received either by the division or by a local authority.c.  No refund shall be made to any licensee or permittee upon the surrender of the license or permit if there is at the time of surrender a complaint filed with the division or local authority charging the licensee or permittee with a violation of this chapter.d.  If upon a hearing on a complaint the license or permit is not revoked or suspended, then the licensee or permittee is eligible, upon surrender of the license or permit, to receive a refund as provided in this section. However, if the license or permit is revoked or suspended upon hearing, the licensee or permittee is not eligible for the refund of any portion of the license or permit fee.3.  The local authority may in its discretion authorize a licensee or permittee to transfer the license or permit from one location to another within the same incorporated city, or within a county outside the corporate limits of a city, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and such transfer will not result in the violation of any law. All transfers authorized, and the particulars of same, shall be reported to the administrator by the local authority. The administrator may by rule establish a uniform transfer fee to be assessed by all local authorities upon licensees or permittees to cover the administrative costs of such transfers, such fee to be retained by the local authority involved.[C35, §1921-f29, -f100; C39, §1921.029, 1921.100; C46, 50, 54, 58, 62, 66, 71, §123.29, 124.6; C73, 75, 77, 79, 81, §123.38]85 Acts, ch 32, §31, 95 Acts, ch 206, §5, 12, 2010 Acts, ch 1061, §162, 2016 Acts, ch 1008, §6, 2018 Acts, ch 1041, §39, 2018 Acts, ch 1060, §18, 2019 Acts, ch 59, §42, 43
Subsection 1 amended
Subsection 2, paragraph a, unnumbered paragraph 1 amended
123.38AConfidential investigative records.In order to assure a free flow of information for accomplishing the purposes of section 123.4 and section 123.9, subsection 6, all complaint information, investigation files, audit files, and inspection files, other investigation reports, and other investigative information in the possession of the division or employees acting under the authority of the administrator are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release before administrative or criminal charges are filed. However, investigative information in the possession of division employees may be disclosed to the licensing authorities of a city or county within this state, in another state, the District of Columbia, or territory or county in which the licensee or permittee is licensed or permitted or has applied for a license or permit. In addition, the investigative information can be shared with any law enforcement agency or other state agency that also has investigative, regulatory, or enforcement jurisdiction authorized by law. Records received by the division from other agencies which would be confidential if created by the division are considered confidential.2019 Acts, ch 113, §20
NEW section
123.39Suspension or revocation of license or permit — civil penalty.1.a.(1)  The administrator or the local authority may suspend a class “A”, class “B”, class “C”, special class “C”, class “C” native distilled spirits, or class “E” liquor control license or retail wine or beer permit for a period not to exceed one year, revoke the license or permit, or impose a civil penalty not to exceed one thousand dollars per violation. (2)  The administrator may suspend a certificate of compliance, a class “D” liquor control license, a manufacturer’s license, a broker’s permit, a class “A” native distilled spirits license, a class “A” or special class “A” beer permit, a charity beer, spirits, and wine auction permit, a class “A” wine permit, a wine direct shipper’s permit, or a wine carrier permit for a period not to exceed one year, revoke the license, permit, or certificate, or impose a civil penalty not to exceed one thousand dollars per violation.b.  A license, permit, or certificate of compliance issued under this chapter may be suspended or revoked, or a civil penalty may be imposed for any of the following causes:(1)  Misrepresentation of any material fact in the application for the license, permit, or certificate.(2)  Violation of any of the provisions of this chapter.(3)  Any change in the ownership or interest in the business operated under a liquor control license, or any wine or beer permit, which change was not previously reported in a manner prescribed by the administrator within thirty days of the change and subsequently approved by the local authority, when applicable, and the division.(4)  An event which would have resulted in disqualification from receiving the license, permit, or certificate when originally issued.(5)  Any sale, hypothecation, or transfer of the license, permit, or certificate.(6)  The failure or refusal on the part of any license, permit, or certificate holder to render any report or remit any taxes to the division under this chapter when due.c.  A criminal conviction is not a prerequisite to suspension, revocation, or imposition of a civil penalty pursuant to this section.d.  A local authority which acts pursuant to this section, section 123.32, or section 123.50 shall notify the division in writing of the action taken, and shall notify the license or permit holder of the right to appeal a suspension, revocation, or imposition of a civil penalty to the division.e.  Before suspension, revocation, or imposition of a civil penalty by the administrator, the license, permit, or certificate holder shall be given written notice and an opportunity for a hearing. The administrator may appoint a member of the division or may request an administrative law judge from the department of inspections and appeals to conduct the hearing and issue a proposed decision. Upon the motion of a party to the hearing or upon the administrator’s own motion, the administrator may review the proposed decision in accordance with chapter 17A. Upon review of the proposed decision, the administrator may affirm, reverse, or modify the proposed decision. A license, permit, or certificate holder aggrieved by a decision of the administrator may seek judicial review of the administrator’s decision in accordance with chapter 17A.f.  Civil penalties imposed and collected by the local authority under this section shall be retained by the local authority. Civil penalties imposed and collected by the division under this section shall be credited to the general fund of the state pursuant to section 123.17, subsection 7.2.  Local authorities may suspend any liquor control license or retail wine or beer permit for a violation of any ordinance or regulation adopted by the local authority. Local authorities may adopt ordinances or regulations for the location of the premises of liquor control licensed and retail wine or beer permitted establishments and local authorities may adopt ordinances, not in conflict with this chapter and that do not diminish the hours during which alcoholic beverages may be sold or consumed at retail, governing any other activities or matters which may affect the retail sale and consumption of alcoholic beverages and the health, welfare and morals of the community involved.3.  When a liquor control license or retail wine or beer permit is suspended after a hearing as a result of violations of this chapter by the licensee, permittee or the licensee’s or permittee’s agents or employees, the premises which were licensed by the license or permit shall not be relicensed for a new applicant until the suspension has terminated or time of suspension has elapsed, or ninety days have elapsed since the commencement of the suspension, whichever occurs first. However, this section does not prohibit the premises from being relicensed to a new applicant before the suspension has terminated or before the time of suspension has elapsed or before ninety days have elapsed from the commencement of the suspension, if the premises prior to the time of the suspension had been purchased under contract, and the vendor under that contract had exercised the person’s rights under chapter 656 and sold the property to a different person who is not related to the previous licensee or permittee by marriage or within the third degree of consanguinity or affinity and if the previous licensee or permittee does not have a financial interest in the business of the new applicant.4.  If the cause for suspension is a first offense violation of section 123.49, subsection 2, paragraph “h”, the administrator or local authority shall impose a civil penalty in the amount of five hundred dollars in lieu of suspension of the license or permit. [C35, §1921-f32, 1921-f126; C39, §1921.032, 1921.129; C46, 50, 54, 58, 62, §123.32, 124.34; C66, 71, §123.32, 123.102, 124.34; C73, 75, 77, 79, 81, §123.39]85 Acts, ch 32, §32, 88 Acts, ch 1241, §12, 93 Acts, ch 91, §16, 17, 94 Acts, ch 1017, §2, 2000 Acts, ch 1154, §12, 2002 Acts, ch 1119, §128, 2018 Acts, ch 1060, §19 – 21, 2019 Acts, ch 113, §21, 22Referred to in 123.23, 123.24, 123.41, 123.42, 123.43, 123.46A, 123.50, 123.135, 123.173A, 123.180, 123.186, 123.187, 123.188
Subsections 1 and 4 amended
123.40Effect of revocation.Any liquor control licensee, wine permittee, or beer permittee whose license or permit is revoked under this chapter shall not thereafter be permitted to hold a liquor control license, wine permit, or beer permit in the state of Iowa for a period of two years from the date of revocation. A spouse or business associate holding ten percent or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a liquor control license, wine permit, or beer permit, and no liquor control license, wine permit, or beer permit shall be issued which covers any business in which such person has a financial interest for a period of two years from the date of revocation. If a license or permit is revoked, the premises which had been covered by the license or permit shall not be relicensed for one year.[C35, §1921-f32, 1921-f123; C39, §1921.032, 1921.125; C46, 50, 54, 58, 62, 66, 71, §123.32, 124.30; C73, 75, 77, 79, 81, §123.40]1985 Acts, ch 32, §33Referred to in 123.3, 123.50123.41Manufacturer’s license — alcoholic liquor.1.  Each completed application to obtain or renew a manufacturer’s license shall be submitted to the division electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of three hundred fifty dollars payable to the division. The administrator may in accordance with this chapter grant and issue to a manufacturer a manufacturer’s license, valid for a one-year period after date of issuance, which shall allow the manufacture, storage, and wholesale disposition and sale of alcoholic liquors to the division and to customers outside of the state.2.  As a condition precedent to the approval and granting of a manufacturer’s license, an applicant shall file with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and a statement under oath that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of alcoholic liquor.3.  A person who holds an experimental distilled spirits plant permit or its equivalent issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury may produce alcohol for use as fuel without obtaining a manufacturer’s license from the division.4.  A person who holds a manufacturer’s license shall file with the division, on or before the fifteenth day of each calendar month, all documents filed by the manufacturer with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all production, storage, and processing reports.5.  Any violation of the requirements of this chapter or rules adopted pursuant to this chapter shall subject the license holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the license, or revocation of the license after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.[C35, §1921-f36; C39, §1921.036; C46, 50, 54, 58, 62, 66, 71, §123.36; C73, 75, 77, 79, 81, §123.41]2011 Acts, ch 30, §3, 2013 Acts, ch 35, §6, 2014 Acts, ch 1026, §26, 2018 Acts, ch 1060, §22, 2019 Acts, ch 113, §23 – 25Referred to in 123.32
Subsection 1 amended
NEW subsection 4
Former subsection 4 amended and renumbered as 5
123.42Broker’s permit.1.  Prior to representing or promoting alcoholic liquor products in the state, the broker shall submit a completed application to the division electronically, or in a manner prescribed by the administrator, for a broker’s permit. The administrator may in accordance with this chapter issue a broker’s permit which shall be valid for one year from the date of issuance unless it is sooner suspended or revoked for a violation of this chapter. 2.  At the time of applying for a broker’s permit, each applicant shall submit to the division a list of names and addresses of all manufacturers, distillers, and importers whom the applicant has been appointed to represent in the state of Iowa for any purpose. The listing shall be amended by the broker as necessary to keep the listing current with the division.3.  A broker’s permit is valid throughout the state, and a broker who represents more than one certificate or license holder is required to obtain only one broker’s permit.4.  The annual fee for a broker’s permit is twenty-five dollars.5.  An employee of a broker is not required to apply for or hold a broker’s permit.6.  The holder of a distiller’s certificate of compliance, a manufacturer’s license, or a class “A” native distilled spirits license is not required to appoint a broker to represent its alcoholic liquor products in the state. 7.  Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the permit, or revocation of the permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.[C35, §1921-f37; C39, §1921.037; C46, 50, 54, 58, 62, 66, 71, §123.37; C73, 75, 77, 79, 81, §123.42]94 Acts, ch 1017, §3, 2013 Acts, ch 35, §7, 2018 Acts, ch 1060, §23 – 25, 2019 Acts, ch 113, §26, 27Referred to in 123.32
Subsection 1 amended
NEW subsection 7
123.43Class “A” native distilled spirits license application and issuance fees.1.  A person applying for a class “A” native distilled spirits license shall submit an application electronically, or in a manner prescribed by the administrator, which shall set forth under oath the following:a.  The name and place of residence of the applicant.b.  The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.c.  The location of the premises where the applicant intends to operate.d.  The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.e.  When required by the administrator, and in such form and containing such information as the administrator may require, a description of the premises where the applicant intends to use the license, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.f.  Whether any person specified in paragraph “b” has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.g.  Any other information as required by the administrator.2.  Except as otherwise provided in this chapter, the administrator shall issue a class “A” native distilled spirits license to any applicant who establishes all of the following:a.  That the applicant has submitted a completed application as required by subsection 1.b.  That the applicant is a person of good moral character as provided in section 123.3, subsection 40.c.  That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.d.  That the applicant has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of alcoholic liquor.e.  That the premises where the applicant intends to use the license conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.f.  That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.3.  A class “A” native distilled spirits license for a native distillery shall be issued and renewed annually upon payment of a fee of five hundred dollars.4.  A violation of the requirements of this chapter shall subject the licensee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the license after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.2017 Acts, ch 119, §44, 2018 Acts, ch 1060, §26, 2019 Acts, ch 113, §28Referred to in 123.32, 123.43A
Subsection 1, paragraph b amended
123.43ANative distilleries.1.  Subject to rules of the division, a native distillery holding a class “A” native distilled spirits license issued pursuant to section 123.43 may sell or offer for sale native distilled spirits. As provided in this section, sales of native distilled spirits manufactured on the premises may be made at retail for off-premises consumption when sold on the premises of the native distillery that manufactures native distilled spirits. All sales intended for resale in this state shall be made through the state’s wholesale distribution system.2.  A native distillery shall not sell more than one and one-half liters per person per day, of native distilled spirits on the premises of the native distillery. However, a native distillery which, combining all production facilities of the business, produces and manufactures not more than one hundred thousand proof gallons of native distilled spirits on an annual basis, may sell not more than nine liters per person per day, of native distilled spirits. In addition, a native distillery shall not directly ship native distilled spirits for sale at retail. The native distillery shall maintain records of individual purchases of native distilled spirits at the native distillery for three years.3.  A native distillery shall not sell native distilled spirits other than as permitted in this chapter and shall not allow native distilled spirits sold for consumption off the premises to be consumed upon the premises of the native distillery. However, native distilled spirits may be tasted pursuant to the rules of the division on the premises where fermented, distilled, or matured, when no charge is made for the tasting.4.  The sale of native distilled spirits to the division for wholesale disposition and sale by the division shall be subject to the requirements of this chapter regarding such disposition and sale.5.  A native distillery issued a class “A” native distilled spirits license shall file with the division, on or before the fifteenth day of each calendar month, all documents filed by the native distillery with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all production, storage, and processing reports.6.  Notwithstanding any provision of this chapter to the contrary or the fact that a person is the holder of a class “A” native distilled spirits license, a native distillery which, combining all production facilities of the business, produces and manufactures not more than one hundred thousand proof gallons of native distilled spirits on an annual basis may sell those native distilled spirits manufactured on the premises of the native distillery for consumption on the premises by applying for a class “C” native distilled spirits liquor control license as provided in section 123.30. A native distillery may be granted not more than one class “C” native distilled spirits liquor control license. All native distilled spirits sold by a native distillery for on-premises consumption shall be purchased from a class “E” liquor control licensee. A manufacturer of native distilled spirits may be issued a class “C” native distilled spirits liquor control license regardless of whether the manufacturer is also a manufacturer of beer pursuant to a class “A” beer permit or a manufacturer of native wine pursuant to a class “A” wine permit. 7.  A native distillery may sell the native distilled spirits it manufactures to customers outside the state.2010 Acts, ch 1031, §84, 2010 Acts, ch 1193, §40, 2011 Acts, ch 17, §9, 2011 Acts, ch 30, §4, 2015 Acts, ch 53, §1, 2016 Acts, ch 1008, §7, 2017 Acts, ch 119, §45, 2019 Acts, ch 113, §29, 2019 Acts, ch 160, §1
Subsections 5 and 6 amended
123.44Gifts prohibited.A manufacturer or broker shall not give away alcoholic liquor at any time in connection with the manufacturer’s or broker’s business except for testing or sampling purposes only. A manufacturer, distiller, vintner, brewer, broker, wholesaler, or importer, organized as a corporation pursuant to the laws of this state or any other state, who deals in alcoholic beverages subject to regulation under this chapter shall not offer or give anything of value to a commission member, official or employee of the division, or directly or indirectly contribute in any manner any money or thing of value to a person seeking a public or appointive office or a recognized political party or a group of persons seeking to become a recognized political party.[C35, §1921-f39; C39, §1921.039; C46, 50, 54, 58, 62, 66, 71, §123.39; C73, 75, 77, 79, 81, §123.44]85 Acts, ch 32, §34, 94 Acts, ch 1017, §5, 2018 Acts, ch 1060, §27123.45Limitations on business interests.1.  Subject to such exceptions as otherwise authorized under this chapter, a person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages, excluding an institutional investor, or any broker, employee, or agent of such a person, shall not do any of the following:a.  Directly or indirectly supply, furnish, give, or pay for any furnishings, fixtures, or equipment used in the storage, handling, serving, or dispensing of alcoholic beverages, wine, beer, or food within the place of business of a licensee or permittee authorized under this chapter to sell at retail.b.  Directly or indirectly extend any credit for alcoholic beverages or beer or pay for any such license or permit.c.  Directly or indirectly be interested in the ownership, conduct, or operation of the business of another licensee or permittee authorized under this chapter to sell at retail, unless the licensee or permittee authorized under this chapter to sell at retail does not purchase or sell the alcoholic beverages of the person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages. However, the licensee or permittee authorized under this chapter to sell at retail may purchase and sell the wine of the person engaged in the business of manufacturing wine that is not native wine provided the licensed premises is the principal office, as defined in section 490.140, of the person.d.  Hold a retail liquor control license or retail wine or beer permit, unless the licensee or permittee holding a retail liquor control license or retail wine or beer permit does not purchase or sell the alcoholic beverages of the person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages. However, a person engaged in the business of manufacturing wine that is not native wine may purchase and sell the person’s wine under the authority of a special class “C” liquor control license and a class “B” wine permit provided the licensed premises is the principal office, as defined in section 490.140, of the person.2.  Notwithstanding any provision of law to the contrary, a broker, employee, or agent of a person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages may be a broker, employee, or agent of another person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages or a broker, employee, or agent of a business authorized under this chapter to sell alcoholic beverages at retail as long as the broker, employee, or agent is not an officer, owner, director, or employee in a position to exercise any control or influence over the types of sales or the purchasing of alcoholic beverages in either position of employment.3.  However, a person engaged in the wholesaling of beer or wine may sell only disposable glassware, which is constructed of paper, paper laminated, or plastic materials and designed primarily for personal consumption on a one-time usage basis, to retailers for use within the premises of licensed establishments, for an amount which is greater than or equal to an amount which represents the greater of either the amount paid for the disposable glassware by the supplier or the amount paid for the disposable glassware by the wholesaler. Also, a person engaged in the business of manufacturing beer may sell beer at retail for consumption on or off the premises of the manufacturing facility and, notwithstanding any other provision of this chapter or the fact that a person is the holder of a class “A” beer permit, may be granted not more than one class “B” beer permit as defined in section 123.124 for that purpose regardless of whether that person is also a manufacturer of native distilled spirits pursuant to a class “A” native distilled spirits license or a manufacturer of native wine pursuant to a class “A” wine permit.4.  A licensee or permittee who permits or assents to or is a party in any way to a violation or infringement of this section is guilty of a violation of this section.5.  The exceptions established by subsection 1 to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and shall therefore be construed accordingly, and shall not be construed to affect exceptions to the general prohibition against tied interests as otherwise authorized under this chapter.[C35, §1921-f40, 1921-f115; C39, §1921.040, 1921.117; C46, 50, 54, 58, 62, 66, 71, §123.40, 124.22; C73, 75, 77, 79, 81, §123.45; 1981 Acts, ch 57, §1; 1982 Acts, ch 1024, §2]85 Acts, ch 32, §35, 88 Acts, ch 1241, §13, 91 Acts, ch 24, §1, 2015 Acts, ch 30, §42, 2019 Acts, ch 8, §2 – 4, 2019 Acts, ch 160, §2Referred to in 123.130
Section amended and editorially internally renumbered
123.46Consumption or intoxication in public places — notifications — chemical tests — expungement.1.  As used in this section unless the context otherwise requires:a.  “Arrest” means the same as defined in section 804.5 and includes taking into custody pursuant to section 232.19.b.  “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the commissioner of public safety.c.  “Peace officer” means the same as defined in section 801.4.2.  A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending a public or private school-related function. A person shall not be intoxicated in a public place. A person violating this subsection is guilty of a simple misdemeanor.3.  A person shall not simulate intoxication in a public place. A person violating this subsection is guilty of a simple misdemeanor.4.  When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the commissioner of public safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.5.a.  A peace officer shall make a reasonable effort to identify a person under the age of eighteen who violates this section and refer the person to juvenile court.b.   A juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court officer shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendent’s designee, or the authorities in charge of the nonpublic school, of the violation. A reasonable attempt to notify the person includes, but is not limited to, a telephone call or notice by first-class mail.6.  Upon the expiration of two years following conviction for a violation of this section or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.[C35, §1921-f42, 1921-f127; C39, §1921.042, 1921.132; C46, 50, 54, 58, 62, 66, 71, §123.42, 124.37; C73, 75, 77, 79, 81, §123.46]85 Acts, ch 32, §36, 86 Acts, ch 1067, §1, 89 Acts, ch 225, §10, 92 Acts, ch 1231, §7, 2000 Acts, ch 1138, §1, 2010 Acts, ch 1044, §1, 2, 2010 Acts, ch 1071, §1, 2010 Acts, ch 1128, §1, 2011 Acts, ch 17, §10, 2016 Acts, ch 1058, §1, 2019 Acts, ch 140, §1Referred to in 123.91, 125.34, 232.22, 232.52, 901C.3
Subsection 6 amended
123.46ADelivery of alcoholic beverages by retailers.1.  Licensees and permittees 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 permittee, or other designated location in this state. Deliveries shall be limited to alcoholic beverages authorized by the licensee’s or permittee’s license or permit.2.  All deliveries of alcoholic liquor, wine, or beer shall be subject to the following requirements and restrictions:a.  Payment for the alcoholic liquor, wine, or beer shall be received by the licensee or permittee at the time of order.b.  Orders for deliveries may be taken by the licensee or permittee between the hours of 2:00 a.m.and 6:00 a.m.on a day other than Sunday, and orders for deliveries may be taken between the hours of 2:00 a.m.and 8:00 a.m.on a Sunday provided the licensee or permittee has been granted the privilege of selling alcoholic liquor, wine, or beer on Sunday, notwithstanding any provision of section 123.49, subsection 2, paragraph “b”, to the contrary.c.  Alcoholic liquor, wine, or beer delivered to a person shall be for personal use and not for resale.d.  Deliveries shall only be made to persons in this state who are twenty-one years of age or older.e.  Deliveries shall not be made to a person who is intoxicated or is simulating intoxication.f.  Deliveries shall occur between 6:00 a.m.and 10:00 p.m.Monday through Saturday, and between 8:00 a.m.and 10:00 p.m.Sunday.g.  Delivery of alcoholic liquor, wine, or beer shall be made by the licensee or permittee, or the licensee’s or permittee’s employee, and not by a third party.h.  Delivery personnel shall be twenty-one years of age or older.i.  Deliveries shall be made in a vehicle owned, leased, or under the control of the licensee or permittee.j.  Valid proof of the recipient’s identity and age shall be obtained at the time of delivery, and the signature of a person twenty-one years of age or older shall be obtained as a condition of delivery.k.  Licensees and permittees shall maintain records of deliveries which include the quantity delivered, the recipient’s name and address, and the signature of the recipient of the alcoholic liquor, wine, or beer. The records shall be maintained on the licensed premises for a period of three years.l.  Orders delivered to another licensed premises shall contain only those alcoholic beverages authorized for sale by the liquor control license or retail wine or beer permit covering the premises to receive the delivery. m.  Orders delivered to another licensed premises shall be fulfilled using the alcoholic beverages inventory owned by the licensee or permittee who received 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 or permittee who fulfilled the order. 3.  A violation of this section or any other provision of this chapter shall subject the licensee or permittee to the penalty provisions of section 123.39.4.  Nothing in this section shall impact the direct shipment of wine as regulated by section 123.187.2011 Acts, ch 30, §5, 2019 Acts, ch 113, §64 – 66, 68Referred to in 123.49, 123.187
Subsection 1 amended
Subsection 2, paragraph a amended
Subsection 2, NEW paragraph b and former paragraphs b j redesignated as c k
Subsection 2, NEW paragraphs l and m
123.47Persons under eighteen years of age, persons eighteen, nineteen, or twenty years of age, and persons twenty-one years of age and older.1.  A person shall not sell, give, or otherwise supply any alcoholic beverage to any person knowing or having reasonable cause to believe that person to be under legal age.2.a.  Except for the purposes described in subsection 3, a person who is the owner or lessee of, or who otherwise has control over, property that is not a licensed premises, shall not knowingly permit any person, knowing or having reasonable cause to believe the person to be under the age of eighteen, to consume or possess on such property any alcoholic beverage.b.  A person who violates this subsection commits the following: (1)  For a first offense, a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 8.(2)  For a second or subsequent offense, a simple misdemeanor punishable by a fine of five hundred dollars.c.  This subsection shall not apply to any of the following:(1)  A landlord or manager of the property.(2)  A person under legal age who consumes or possesses any alcoholic beverage in connection with a religious observance, ceremony, or rite.3.  A person or persons under legal age shall not purchase or attempt to purchase, consume, or individually or jointly have alcoholic beverages in their possession or control; except in the case of any alcoholic beverage given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under this chapter.4.a.  A person who is eighteen, nineteen, or twenty years of age, other than a licensee or permittee, who violates this section regarding the purchase of, attempt to purchase, or consumption of any alcoholic beverage, or possessing or having control of any alcoholic beverage, commits the following:(1)  A simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 7.(2)  A second offense shall be a simple misdemeanor punishable by a fine of five hundred dollars. In addition to any other applicable penalty, the person in violation of this section shall choose between either completing a substance abuse evaluation or the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year.(3)  A third or subsequent offense shall be a simple misdemeanor punishable by a fine of five hundred dollars and the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year.b.  The court may, in its discretion, order the person who is under legal age to perform community service work under section 909.3A, of an equivalent value to the fine imposed under this section.c.  If the person who commits a violation of this section is under the age of eighteen, the matter shall be disposed of in the manner provided in chapter 232.5.  Except as otherwise provided in subsections 6 and 7, a person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies any alcoholic beverage to a person who is under legal age in violation of this section commits a serious misdemeanor punishable by a minimum fine of five hundred dollars.6.  A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies any alcoholic beverage to a person who is under legal age in violation of this section which results in serious injury to any person commits an aggravated misdemeanor.7.  A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies any alcoholic beverage to a person who is under legal age in violation of this section which results in the death of any person commits a class “D” felony.8.  Upon the expiration of two years following conviction for a violation of subsection 3 or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged for a violation of subsection 3, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety. An expunged conviction shall not be considered a prior offense for purposes of enhancement under subsection 4 or under a local ordinance unless the new violation occurred prior to entry of the order of expungement.[C35, §1921-f43; C39, §1921.043; C46, 50, 54, 58, 62, §123.43; C66, 71, §123.43, 125.33; C73, 75, 77, 79, 81, §123.47]85 Acts, ch 32, §37, 92 Acts, ch 1231, §8, 94 Acts, ch 1105, §1, 94 Acts, ch 1172, §2, 95 Acts, ch 191, §3, 97 Acts, ch 126, §2, 99 Acts, ch 153, §1, 2005 Acts, ch 105, §1, 2010 Acts, ch 1071, §2, 2010 Acts, ch 1128, §2, 2014 Acts, ch 1096, §1 – 3, 2014 Acts, ch 1141, §19, 2018 Acts, ch 1060, §28 – 33Referred to in 123.47B, 135B.34, 135C.33, 137C.25C, 232.2, 232.19, 232.22, 232.52, 321.216B, 321.284, 321.284A, 805.8C, 805.8C, 901C.3123.47APersons age eighteen, nineteen, and twenty — penalty.Repealed by 97 Acts, ch 126, §54. 123.47BParental and school notification persons under eighteen years of age.1.  A peace officer shall make a reasonable effort to identify a person under the age of eighteen discovered consuming or to be in possession of alcoholic liquor, wine, or beer in violation of section 123.47 and refer the person to juvenile court.2.  The juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court shall also make a reasonable effort to identify the elementary or secondary school which the person attends if the person is enrolled in elementary or secondary school and to notify the superintendent or the superintendent’s designee of the school which the person attends, or the authorities in charge of the nonpublic school which the person attends, of the consumption or possession. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.90 Acts, ch 1251, §4, 95 Acts, ch 191, §4, 97 Acts, ch 126, §3, 2010 Acts, ch 1128, §3, 2014 Acts, ch 1096, §4Referred to in 232.147123.48Seizure of false or altered driver’s license or nonoperator’s identification card.1.  If a liquor control licensee or wine or beer permittee or an employee of the licensee or permittee has a reasonable belief based on factual evidence that a driver’s license as defined in section 321.1, subsection 20A, or nonoperator’s identification card issued pursuant to section 321.190 offered by a person who wishes to purchase an alcoholic beverage at the licensed premises is altered or falsified or belongs to another person, the licensee, permittee, or employee may retain the driver’s license or nonoperator’s identification card. Within twenty-four hours, the license or card shall be delivered to the appropriate city or county law enforcement agency of the jurisdiction in which the licensed premises is located. When the license or card is delivered to the appropriate law enforcement agency, the licensee shall file a written report of the circumstances under which the license or card was retained. The local law enforcement agency may investigate whether a violation of section 321.216, 321.216A, or 321.216B has occurred. If an investigation is not initiated or a probable cause is not established by the local law enforcement agency, the driver’s license or nonoperator’s identification card shall be delivered to the person to whom it was issued. The local law enforcement agency may forward the license or card with the report to the department of transportation for investigation, in which case, the department may investigate whether a violation of section 321.216, 321.216A, or 321.216B has occurred. The department of transportation shall return the license or card to the person to whom it was issued if an investigation is not initiated or a probable cause is not established.2.  Upon taking possession of a driver’s license or nonoperator’s identification card as provided in subsection 1, a receipt for the license or card with the date and hour of seizure noted shall be provided to the person from whom the license or card was seized.3.  A liquor control licensee or wine or beer permittee or an employee of the licensee or permittee is not subject to criminal prosecution for, or to civil liability for damages alleged to have resulted from, the retention and delivery of a driver’s license or a nonoperator’s identification card which is taken pursuant to subsections 1 and 2. This section shall not be construed to relieve a licensee, permittee, or employee of the licensee or permittee from civil liability for damages resulting from the use of unreasonable force in obtaining the altered or falsified driver’s license or nonoperator’s identification card or the driver’s license or nonoperator’s identification card believed to belong to another person.94 Acts, ch 1105, §3, 96 Acts, ch 1090, §1, 98 Acts, ch 1073, §9, 12, 2016 Acts, ch 1073, §32123.49Miscellaneous prohibitions.1.  A person shall not sell, dispense, or give to an intoxicated person, or one simulating intoxication, any alcoholic beverage.a.  A person other than a person required to hold a license or permit under this chapter who dispenses or gives an alcoholic beverage in violation of this subsection is not civilly liable to an injured person or the estate of a person for injuries inflicted on that person as a result of intoxication by the consumer of the alcoholic beverage.b.  The general assembly declares that this subsection shall be interpreted so that the holding of Clark v.Mincks, 364 N.W.2d 226 (Iowa 1985) is abrogated in favor of prior judicial interpretation finding the consumption of alcoholic beverages rather than the serving of alcoholic beverages as the proximate cause of injury inflicted upon another by an intoxicated person.2.  A person holding a liquor control license or retail wine or beer permit under this chapter, and the person’s agents or employees, shall not do any of the following:a.  Knowingly permit any gambling, except in accordance with chapter 99B, 99D, 99F, or 99G, or knowingly permit solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.b.  Sell or dispense any alcoholic beverage on the premises covered by the license or permit, or permit its consumption thereon between the hours of 2:00 a.m.and 6:00 a.m.on a weekday, and between the hours of 2:00 a.m.on Sunday and 6:00 a.m.on the following Monday, however, a holder of a liquor control license or retail wine or beer permit granted the privilege of selling alcoholic liquor, wine, or beer on Sunday may sell or dispense alcoholic liquor, wine, or beer between the hours of 8:00 a.m.on Sunday and 2:00 a.m.on the following Monday.c.  Sell alcoholic beverages to any person on credit, except with a bona fide credit card. This provision does not apply to sales by a club to its members, to sales by a hotel or motel to bona fide registered guests, nor to retail sales by the managing entity of a convention center, civic center, or events center.d.(1)  Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division, and except mixed drinks or cocktails mixed on the premises for immediate consumption on the licensed premises or as otherwise provided by this paragraph “d”. This prohibition does not apply to holders of a class “D” liquor control license or to alcoholic liquor delivered in accordance with section 123.46A.(2)  Mixed drinks or cocktails mixed on the premises that are not for immediate consumption may be consumed on the licensed premises subject to the requirements of this subparagraph pursuant to rules adopted by the division. The rules shall provide that the mixed drinks or cocktails be stored, for no longer than seventy-two hours, in a labeled container in a quantity that does not exceed three gallons. The rules shall also provide that added flavors and other nonbeverage ingredients included in the mixed drinks or cocktails shall not include hallucinogenic substances or added caffeine or other added stimulants including but not limited to guarana, ginseng, and taurine. In addition, the rules shall require that the licensee keep records as to when the contents in a particular container were mixed and the recipe used for that mixture.e.  Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been so reused or adulterated.f.  Employ a person under eighteen years of age in the sale or serving of alcoholic beverages for consumption on the premises where sold.g.  Allow any person other than the licensee, permittee, or employees of the licensee or permittee, to use or keep on the licensed premises any alcoholic liquor in any bottle or other container which is designed for the transporting of such beverages, except as permitted in section 123.95. This paragraph does not apply to the lodging quarters of a class “B” liquor control licensee or wine or beer permittee, or to holders of a class “D” liquor control license.h.  Sell, give, or otherwise supply any alcoholic beverage to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, to consume any alcoholic beverage.i.  In the case of a retail wine or beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to wine, beer, or any other beverage in or about the permittee’s place of business.j.  Knowingly permit or engage in any criminal activity on the premises covered by the license or permit. However, the absence of security personnel on the licensed premises is insufficient, without additional evidence, to prove that criminal activity occurring on the licensed premises was knowingly permitted in violation of this paragraph “j”. For purposes of this paragraph “j”, “premises” includes parking lots and areas adjacent to the premises of a liquor control licensee or wine or beer permittee authorized to sell alcoholic beverages for consumption on the licensed premises and used by patrons of the liquor control licensee or wine or beer permittee.k.  Sell, give, possess, or otherwise supply a machine which is used to vaporize an alcoholic beverage for the purpose of being consumed in a vaporized form.3.  A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage from any liquor control licensee or wine or beer permittee. If any person under legal age misrepresents the person’s age, and the licensee or permittee establishes that the licensee or permittee made reasonable inquiry to determine whether the prospective purchaser was over legal age, the licensee or permittee is not guilty of selling alcoholic beverages to a person under legal age.4.  No privilege of selling alcoholic beverages on Sunday as provided in section 123.36, subsection 6, and section 123.134, subsection 4, shall be granted to a club or other organization which places restrictions on admission or membership in the club or organization on the basis of sex, race, religion, or national origin. However, the privilege may be granted to a club or organization which places restrictions on membership on the basis of sex, if the club or organization has an auxiliary organization open to persons of the other sex.[C35, §1921-f46, 1921-f114, 1921-g3; C39, §1921.046, 1921.115, 1921.116; C46, 50, 54, 58, 62, 66, 71, §123.46, 124.20, 124.21; C73, 75, 77, 79, 81, §123.49]84 Acts, ch 1275, §3, 85 Acts, ch 32, §38 – 42, 86 Acts, ch 1002, §5, 86 Acts, ch 1211, §11, 89 Acts, ch 67, §26, 90 Acts, ch 1175, §8, 91 Acts, ch 245, §2, 3, 94 Acts, ch 1172, §4, 97 Acts, ch 126, §4, 2003 Acts, ch 178, §108, 121, 2003 Acts, ch 179, §142, 2004 Acts, ch 1155, §1, 2006 Acts, ch 1033, §1, 2010 Acts, ch 1128, §4, 2012 Acts, ch 1138, §22, 2017 Acts, ch 119, §10, 11, 2018 Acts, ch 1060, §34 – 36, 2019 Acts, ch 113, §30, 31, 67, 68Referred to in 123.36, 123.39, 123.46A, 123.50, 123.50A, 123.92, 123.134, 123.150, 602.6405, 805.8C
Civil liability for dispensing or sale and service to intoxicated persons; see §123.92
For scheduled fines applicable to violations of subsection 2, paragraph h, see §805.8C(2)
Subsection 2, unnumbered paragraph 1 amended
Subsection 2, paragraph d, subparagraph (1) amended
Subsection 2, paragraph g amended
123.50Criminal and civil penalties.1.  Any person who violates any of the provisions of section 123.49, except section 123.49, subsection 2, paragraph “h”, or who fails to affix upon sale, defaces, or fails to record a keg identification sticker or produce a record of keg identification stickers pursuant to section 123.138, shall be guilty of a simple misdemeanor. A person who violates section 123.49, subsection 2, paragraph “h”, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 2.2.  The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of section 123.49, subject to subsection 3 of this section, is grounds for the suspension or revocation of the license or permit by the division or the local authority. However, if any liquor control licensee is convicted of any violation of section 123.49, subsection 2, paragraph “a”, “d”, or “e”, or any wine or beer permittee is convicted of a violation of section 123.49, subsection 2, paragraph “a” or “e”, the liquor control license or wine or beer permit shall be revoked and shall immediately be surrendered by the holder, and the bond, if any, of the license or permit holder shall be forfeited to the division. However, the division shall retain only that portion of the bond equal to the amount the division determines the license or permit holder owes the division.3.  If any liquor control licensee, wine or beer permittee, or employee of a licensee or permittee is convicted or found in violation of section 123.49, subsection 2, paragraph “h”, the administrator or local authority shall, in addition to criminal penalties fixed for violations by this section, assess a civil penalty as follows:a.  A first violation shall subject the licensee or permittee to a civil penalty in the amount of five hundred dollars. Failure to pay the civil penalty as ordered under section 123.39 shall result in automatic suspension of the license or permit for a period of fourteen days.b.  A second violation within two years shall subject the licensee or permittee to a thirty-day suspension and a civil penalty in the amount of one thousand five hundred dollars.c.  A third violation within three years shall subject the licensee or permittee to a sixty-day suspension and a civil penalty in the amount of one thousand five hundred dollars.d.  A fourth violation within three years shall result in revocation of the license or permit.e.  For purposes of this subsection:(1)  The date of any violation shall be used in determining the period between violations.(2)  Suspension shall be limited to the specific license or permit for the premises found in violation.(3)  Notwithstanding section 123.40, revocation shall be limited to the specific license or permit found in violation and shall not disqualify a licensee or permittee from holding a license or permit at a separate location.4.  In addition to any other penalties imposed under this chapter, the division shall assess a civil penalty up to the amount of five thousand dollars upon a class “E” liquor control licensee when the class “E” liquor license is revoked for a violation of section 123.59. Failure to pay the civil penalty as required under this subsection shall result in forfeiture of the bond to the division. However, the division shall retain only that portion of the bond equal to the amount the division determines the license or permit holder owes the division.5.  If an employee of a liquor control licensee or wine or beer permittee violates section 123.49, subsection 2, paragraph “h”, the licensee or permittee shall not be assessed a penalty under subsection 3, and the violation shall be deemed not to be a violation of section 123.49, subsection 2, paragraph “h”, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 3, if the employee holds a valid certificate of completion of the alcohol compliance employee training program pursuant to section 123.50A at the time of the violation, and if the violation involves selling, giving, or otherwise supplying any alcoholic beverage to a person between the ages of eighteen and twenty years of age. A violation involving a person under the age of eighteen years of age shall not qualify for the bar against assessment of a penalty pursuant to subsection 3, for a violation of section 123.49, subsection 2, paragraph “h”. A licensee or permittee may assert only once in a four-year period the bar under this subsection against assessment of a penalty pursuant to subsection 3, for a violation of section 123.49, subsection 2, paragraph “h”, that takes place at the same place of business location.[C35, §1921-f46, 1921-f127; C39, §1921.046, 1921.132; C46, 50, 54, 58, 62, 66, 71, §123.46, 124.37; C73, 75, 77, 79, 81, §123.50]84 Acts, ch 1275, §4, 84 Acts, ch 1292, §1, 85 Acts, ch 32, §43, 86 Acts, ch 1246, §745, 88 Acts, ch 1088, §6, 88 Acts, ch 1241, §14, 89 Acts, ch 252, §2, 93 Acts, ch 91, §18, 94 Acts, ch 1172, §5, 97 Acts, ch 126, §5, 6, 98 Acts, ch 1204, §1, 2, 2001 Acts, ch 137, §5, 2004 Acts, ch 1008, §1, 2007 Acts, ch 46, §1, 2011 Acts, ch 30, §6, 2013 Acts, ch 30, §23, 2014 Acts, ch 1026, §27, 2018 Acts, ch 1060, §37 – 39, 2019 Acts, ch 113, §32Referred to in 99B.3, 99B.55, 123.39, 123.141
License or permit suspension upon revocation of gambling license or amusement device registration; §99B.3 and §99B.55
Subsections 2 and 4 amended
123.50AAlcohol compliance employee training program.1.  If sufficient funding is appropriated, the division shall develop an alcohol compliance employee training program, not to exceed two hours in length for employees and prospective employees of licensees and permittees, to inform the employees about state laws and regulations regarding the sale of alcoholic beverages to persons under legal age, and compliance with and the importance of laws regarding the sale of alcoholic beverages to persons under legal age. In developing the alcohol compliance employee training program, the division may consult with stakeholders who have expertise in the laws and regulations regarding the sale of alcoholic beverages to persons under legal age.2.  The alcohol compliance employee training program shall be made available to employees and prospective employees of licensees and permittees at no cost to the employee, the prospective employee, or the licensee or permittee, and in a manner which is as convenient and accessible to the extent practicable throughout the state so as to encourage attendance. Contingent upon the availability of specified funds for provision of the program, the division shall schedule the program on at least a monthly basis and the program shall be available at a location in at least a majority of counties.3.  Upon completion of the alcohol compliance employee training program, an employee or prospective employee shall receive a certificate of completion, which shall be valid for a period of two years, unless the employee or prospective employee is convicted of a violation of section 123.49, subsection 2, paragraph “h”, in which case the certificate shall be void.4.  The division shall also offer periodic continuing employee training and recertification for employees who have completed initial training and received an initial certificate of completion as part of the alcohol compliance employee training program.2011 Acts, ch 30, §7, 2018 Acts, ch 1060, §40Referred to in 123.50123.51Advertisements for alcoholic liquor, wine, or beer.1.  No signs or other matter advertising any brand of alcoholic liquor, beer, or wine shall be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell alcoholic liquor, beer, or wine at retail. However, signs or other advertising matter may be erected or placed inside the premises, inside a fence or similar enclosure which wholly or partially surrounds the premises, or inside a window facing outward from the premises.2.  Violation of this section is a simple misdemeanor.[C35, §1921-f47; C39, §1921.047; C46, 50, 54, 58, 62, 66, 71, §123.47; C73, 75, 77, 79, 81, §123.51]85 Acts, ch 32, §44, 86 Acts, ch 1246, §746, 87 Acts, ch 22, §9, 2017 Acts, ch 119, §12123.52Prohibited sale.No person not expressly authorized by this chapter to deal in alcoholic liquors shall within the state keep for sale or offer for sale anything which is capable of being mistaken for a package containing alcoholic liquor and is either labeled or branded with the name of any kind of alcoholic liquor, whether the same contains any alcoholic liquor or not.[C35, §1921-f48; C39, §1921.048; C46, 50, 54, 58, 62, 66, 71, §123.48; C73, 75, 77, 79, 81, §123.52]123.53Beer and liquor control fund — allocations to substance abuse — use of civil penalties.Transferred to §123.17; 2015 Acts, ch 30, §204.123.54Appropriations.Transferred to §123.18; 2015 Acts, ch 30, §204.123.55Annual report.Transferred to §123.16; 2015 Acts, ch 30, §204.123.56Native wines.Transferred to §123.176; 2019 Acts, ch 113, §62.123.57Examination of accounts.The financial condition and transactions of all offices, departments, warehouses, and depots of the division shall be examined at least once each year by the state auditor and at shorter periods if requested by the administrator, governor, commission, or the general assembly’s standing committees on government oversight.[C35, §1921-f57; C39, §1921.057; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.57]86 Acts, ch 1246, §749, 2011 Acts, ch 30, §9123.58Auditing.All provisions of sections 11.6, 11.11, 11.14, 11.21, 11.31, and 11.41, relating to auditing of financial records of governmental subdivisions which are not inconsistent with this chapter are applicable to the division and its offices, warehouses, and depots.[C35, §1921-f58; C39, §1921.058; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.58]86 Acts, ch 1246, §750, 89 Acts, ch 264, §4, 2011 Acts, ch 75, §34123.59Bootlegging penalties.1.  Any person who, acting individually, or through another acting for the person, keeps or carries on the person, or in a vehicle, or leaves in a place for another to secure, any alcoholic liquor, wine, or beer, with intent to sell or dispense the liquor, wine, or beer, in violation of law, or who, within this state, in any manner, directly or indirectly, solicits, takes, or accepts an order for the purchase, sale, shipment, or delivery of alcoholic liquor, wine, or beer in violation of law, or aids in the delivery and distribution of alcoholic liquor, wine, or beer so ordered or shipped, or who in any manner procures for, sells, or gives alcoholic liquor, wine, or beer to a person under legal age, for any purpose except as authorized and permitted in this chapter, is a bootlegger.2.  A person who violates any of the provisions of this section commits the following:a.  For a first offense, a simple misdemeanor.b.  For a second or subsequent offense, a serious misdemeanor.[C51, §924 – 928; R60, §1559, 1562, 1563, 1583, 1587; C73, §1523, 1540 – 1542, 1555; C97, §2382; SS15, §2382, 2461-a; C24, 27, 31, §1927; C35, §1921-f59, 1927; C39, §1921.059, 1927; C46, 50, 54, 58, 62, 66, 71, §123.59, 125.7; C73, 75, 77, 79, 81, §123.59]85 Acts, ch 32, §50, 85 Acts, ch 67, §16, 2018 Acts, ch 1096, §3, 6Referred to in 123.50, 123.70123.60Nuisances.The premises where the unlawful manufacture or sale, or keeping with intent to sell, use or give away, of alcoholic liquors, wine, or beer is carried on, and any vehicle or other means of conveyance used in transporting liquor, wine, or beer in violation of law, and the furniture, fixtures, vessels and contents, kept or used in connection with such activities are nuisances and shall be abated as provided in this chapter.[C51, §935; R60, §1564; C73, §1543; C97, §2384; C24, 27, 31, §1929; C35, §1921-f60, 1929; C39, §1921.060, 1929; C46, 50, 54, 58, 62, 66, 71, §123.60, 125.9; C73, 75, 77, 79, 81, §123.60]1985 Acts, ch 32, §51Referred to in 123.61, 123.88
Nuisances in general, chapter 657
123.61Penalty.Any person who erects, establishes, or uses any premises for any of the purposes prohibited in section 123.60, is guilty of nuisance and shall be subject to the general penalties provided by this chapter.[C51, §935; R60, §1564; C73, §1543; C97, §2384; C24, 27, 31, §1930; C35, §1921-f61, 1930; C39, §1921.061, 1930; C46, 50, 54, 58, 62, 66, 71, §123.61, 125.10; C73, 75, 77, 79, 81, §123.61]123.62Injunction.Actions to enjoin nuisances shall be brought in equity in the name of the state by the county attorney who shall prosecute the same to judgment.[R60, §1564; C73, §1543; C97, §2405, 2406; S13, §2406; SS15, §2405; C24, 27, 31, §2017; C35, §1921-f62, 2017; C39, §1921.062, 2017; C46, 50, 54, 58, 62, 66, 71, §123.62, 128.1; C73, 75, 77, 79, 81, §123.62]Referred to in 331.756123.63Temporary writ.In such action, the court shall, upon the presentation of a petition therefor, allow a temporary writ of injunction without bond, if it shall be made to appear to the satisfaction of the court by evidence in the form of affidavits, depositions, oral testimony or otherwise, that the nuisance complained of exists.[R60, §1564; C73, §1543; C97, §2405; SS15, §2405; C24, 27, 31, §2018; C35, §1921-f63, 2018; C39, §1921.063, 2018; C46, 50, 54, 58, 62, 66, 71, §123.63, 128.2; C73, 75, 77, 79, 81, §123.63]123.64Notice.Three days’ notice in writing shall be given the defendant of the hearing of the application, and if then continued at the defendant’s instance the writ as petitioned for shall be granted as a matter of course.[C97, §2405; SS15, §2405; C24, 27, 31, §2019; C35, §1921-f64, 2019; C39, §1921.064, 2019; C46, 50, 54, 58, 62, 66, 71, §123.64, 128.3; C73, 75, 77, 79, 81, §123.64]1990 Acts, ch 1168, §26123.65Scope of injunction.When an injunction has been granted, it shall be binding upon the defendant throughout the state and any violation of the provisions of this chapter anywhere within the state shall be punished as a contempt as herein provided.[C97, §2405; SS15, §2405; C24, 27, 31, §2020; C35, §1921-f65, 2020; C39, §1921.065, 2020; C46, 50, 54, 58, 62, 66, 71, §123.65, 128.4; C73, 75, 77, 79, 81, §123.65]123.66Trial of action.Any action brought hereunder shall be accorded priority over other business pending before the district court.[C97, §2406; S13, §2406; C24, 27, 31, §2021; C35, §1921-f66, 2021; C39, §1921.066, 2021; C46, 50, 54, 58, 62, 66, 71, §123.66, 128.5; C73, 75, 77, 79, 81, §123.66]123.67General reputation.In all actions to enjoin a nuisance or to establish a violation of the injunction, evidence of the general reputation of the premises described in the petition or information shall be admissible for the purpose of proving the existence of the nuisance or the violation of the injunction.[C97, §2406; S13, §2406; C24, 27, 31, §2022; C35, §1921-f67, 2022; C39, §1921.067, 2022; C46, 50, 54, 58, 62, 66, 71, §123.67, 128.6; C73, 75, 77, 79, 81, §123.67]123.68Contempt.In the case of a violation of any injunction granted under the provisions of this chapter, the court may summarily try and punish the defendant pursuant to the general penalties provided by this chapter. The proceedings shall be commenced by filing with the clerk of the court an information under oath setting out the alleged facts constituting such violation, upon which the court shall cause a warrant to issue under which the defendant shall be arrested.[C97, §2407; SS15, §2407; C24, 27, 31, §2027; C35, §1921-f68, 2027; C39, §1921.068, 2027; C46, 50, 54, 58, 62, 66, 71, §123.68, 128.13; C73, 75, 77, 79, 81, §123.68]123.69Trial of contempt action.The trial shall be as in equity and may be had upon depositions, or either party may demand the production and oral examination of the witnesses.[C97, SS15, §2407; C24, 27, 31, §2028; C35, §1921-f69, 2028; C39, §1921.069, 2028; C46, 50, 54, 58, 62, 66, 71, §123.69, 128.14; C73, 75, 77, 79, 81, §123.69]123.70Injunction against bootlegger.A bootlegger as defined in section 123.59 may be restrained by injunction from doing or continuing to do any of the acts prohibited herein, and all the proceedings for injunctions, temporary and permanent, and for punishments for violation of the same as prescribed herein, shall be applicable to such person, and the fact that an offender has no known or permanent place of business, or base of supplies, or quits the business after the commencement of an action, shall not prevent a temporary or permanent injunction, as the case may be, from issuing.[S13, §2461-b; C24, 27, 31, §2031; C35, §1921-f71, 2031; C39, §1921.071, 2031; C46, 50, 54, 58, 62, 66, 71, §123.71, 128.17; C73, 75, 77, 79, 81, §123.70]2015 Acts, ch 30, §43123.71Conditions on injunction proceeding.A bootlegger injunction proceeding, as provided in this chapter, shall not be maintained unless it is shown to the court that efforts in good faith have been made to discover the base of supplies or place where the defendant charged as a bootlegger conducts an unlawful business or receives or manufactures the alcoholic liquor, wine, or beer, which the defendant is charged with bootlegging.[C27, 31, §2031-a1; C35, §1921-f72, 2031-a1; C39, §1921.072, 2031.1; C46, 50, 54, 58, 62, 66, 71, §123.72, 128.18; C73, 75, 77, 79, 81, §123.71]1985 Acts, ch 32, §52123.72Order of abatement of nuisance.If the existence of a nuisance is established in a civil or criminal action, an order of abatement shall be entered as a part of the judgment in the case. The order shall direct the confiscation of all alcoholic liquor, wine, or beer by the state; the removal from the premises involved of all fixtures, furniture, vessels, or movable property used in any way in conducting the unlawful business; the sale of all removed property as well as any vehicle or other means of conveyance which has been abated, the sale to be conducted in the manner provided for the sale of chattels under execution; and the effective closing of the premises against use for the purpose of manufacture, sale, or consumption of alcoholic liquor, wine, or beer for a period of one year, unless sooner released by the court.[C51, §935; R60, §1559; C73, §1523, 1543; C97, §2408; C24, 27, 31, §2032; C35, §1921-f73, 2032; C39, §1921.073, 2032; C46, 50, 54, 58, 62, 66, 71, §123.73, 128.19; C73, 75, 77, 79, 81, §123.72]1985 Acts, ch 32, §53123.73Use of abated premises.If any person uses a premises closed pursuant to an abatement order in violation of such order the person shall be punished for contempt as provided in this chapter.[C97, §2408; C24, 27, 31, §2033; C35, §1921-f74, 2033; C39, §1921.074, 2033; C46, 50, 54, 58, 62, 66, 71, §123.74, 128.20; C73, 75, 77, 79, 81, §123.73]123.74Fees.For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as the officer would for levying upon and selling like property on execution; and for closing the premises and keeping them closed a reasonable sum shall be allowed by the court.[C97, §2408; C24, 27, 31, §2034; C35, §1921-f75, 2034; C39, §1921.075, 2034; C46, 50, 54, 58, 62, 66, 71, §123.75, 128.21; C73, 75, 77, 79, 81, §123.74]123.75Proceeds of sale.The proceeds of the sale of personal property in abatement proceedings shall be applied first in payment of the costs of the action and abatement, and second to the satisfaction of any fine and costs adjudged against the proprietor of the premises and keeper of said nuisance, and the balance, if any, shall be paid to the defendant.[C97, §2409; C24, 27, 31, §2035; C35, §1921-f76, 2035; C39, §1921.076, 2035; C46, 50, 54, 58, 62, 66, 71, §123.76, 128.22; C73, 75, 77, 79, 81, §123.75]123.76Abatement of nuisance.If the owner of the abated premises appears and pays all costs of the proceeding and files a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that the owner will immediately abate the nuisance and prevent the same from being established or kept on such premises within a period of one year thereafter, the court may order such premises to be delivered to the owner and cancel the order of abatement so far as it may relate to the property.[C97, §2410; S13, §2410; C24, 27, 31, §2036; C35, §1921-f77, 2036; C39, §1921.077, 2036; C46, 50, 54, 58, 62, 66, 71, §123.77, 128.23; C73, 75, 77, 79, 81, §123.76]Referred to in 123.78, 602.8102123.77Abatement before judgment.If the action is in equity and the owner of the premises pays the costs of the action and files the bond prior to the entry of judgment and the abatement order, such action shall be abated as to the premises only.[C97, §2410; S13, §2410; C24, 27, 31, §2037; C35, §1921-f78, 2037; C39, §1921.078, 2037; C46, 50, 54, 58, 62, 66, 71, §123.78, 128.24; C73, 75, 77, 79, 81, §123.77]Referred to in 123.78123.78Existing liens.The release of the property under the provisions of either section 123.76 or 123.77 shall not release it from any judgment lien, penalty, or liability, to which it may be subject by law.[C97, §2410; S13, §2410; C24, 27, 31, §2038; C35, §1921-f79, 2038; C39, §1921.079, 2038; C46, 50, 54, 58, 62, 66, 71, §123.79, 128.25; C73, 75, 77, 79, 81, §123.78]123.79Abatement bond a lien.Undertakings of bonds for abatement shall immediately after filing by the clerk of the district court be docketed and entered upon the lien index as required for judgments in civil cases, and from the time of such entries shall be liens upon real estate of the persons executing the same, with like effect as judgments in civil actions.[C24, 27, 31, §2039; C35, §1921-f80, 2039; C39, §1921.080, 2039; C46, 50, 54, 58, 62, 66, 71, §123.80, 128.26; C73, 75, 77, 79, 81, §123.79]Referred to in 123.84, 602.8102123.80Attested copies filed.Attested copies of such undertakings may be filed in the office of the clerk of the district court of the county in which the real estate is situated in the same manner and with like effect as attested copies of judgments, and shall be immediately docketed and indexed in the same manner.[C24, 27, 31, §2040; C35, §1921-f81, 2040; C39, §1921.081, 2040; C46, 50, 54, 58, 62, 66, 71, §123.81, 128.27; C73, 75, 77, 79, 81, §123.80]Referred to in 602.8102123.81Forfeiture of bond.If the owner of a property who has filed an abatement bond as provided in this chapter fails to abate the alcoholic liquor, wine, or beer nuisance on the premises covered by the bond, or fails to prevent the maintenance of any alcoholic liquor, wine, or beer nuisance on the premises at any time within a period of one year after entry of the abatement order, the court shall, after a hearing in which such fact is established, direct an entry of the violation of the terms of the owner’s bond to be made on the record and the undertaking of the owner’s bond shall be forfeited.[C24, 27, 31, §2041; C35, §1921-f82, 2041; C39, §1921.082, 2041; C46, 50, 54, 58, 62, 66, 71, §123.82, 128.28; C73, 75, 77, 79, 81, §123.81]85 Acts, ch 32, §54, 2018 Acts, ch 1060, §42123.82Procedure.A proceeding to forfeit an abatement bond shall be commenced by filing with the clerk of the court, by the county attorney of the county where the bond is filed, an application under oath to forfeit such bond, setting out the alleged facts constituting the violation of the terms of the bond, upon which the court shall direct by order attached to such application that a notice be issued by the clerk of the district court directed to the principal and sureties on the bond to appear at a certain date fixed to show cause why such bond should not be forfeited and judgment entered for the penalty fixed therein.[C24, 27, 31, §2042; C35, §1921-f83, 2042; C39, §1921.083, 2042; C46, 50, 54, 58, 62, 66, 71, §123.83, 128.29; C73, 75, 77, 79, 81, §123.82]Referred to in 123.83, 123.84123.83Method of trial.The trial of an action filed pursuant to section 123.82 shall be to the court and as in equity, and be governed by the same rules of evidence as contempt proceedings.[C24, 27, 31, §2043; C35, §1921-f84, 2043; C39, §1921.084, 2043; C46, 50, 54, 58, 62, 66, 71, §123.84, 128.30; C73, 75, 77, 79, 81, §123.83]2015 Acts, ch 30, §44123.84Judgment.If the court after a hearing in an action filed pursuant to section 123.82 finds an alcoholic liquor, wine, or beer nuisance has been maintained on the premises covered by the abatement bond and that alcoholic liquor, wine, or beer has been sold or kept for sale on the premises contrary to law within one year from the date of the giving of the bond, then the court shall order the forfeiture of the bond and enter judgment for the full amount of the bond against the principal and sureties on the bond. The lien on the real estate created pursuant to section 123.79 shall be decreed foreclosed and the court shall provide for a special and general execution for the enforcement of the decree and judgment.[C24, 27, 31, §2044; C35, §1921-f85, 2044; C39, §1921.085, 2044; C46, 50, 54, 58, 62, 66, 71, §123.85, 128.31; C73, 75, 77, 79, 81, §123.84]85 Acts, ch 32, §55, 2015 Acts, ch 30, §45, 2018 Acts, ch 1060, §43Referred to in 123.85123.85Appeal.Appeal from a judgment and decree entered pursuant to section 123.84 may be taken as in equity cases and the cause be triable de novo except that if the state appeals it need not file an appeal or supersedeas bond.[C24, 27, 31, §2045; C35, §1921-f86, 2045; C39, §1921.086, 2045; C46, 50, 54, 58, 62, 66, 71, §123.86, 128.32; C73, 75, 77, 79, 81, §123.85]2015 Acts, ch 30, §46123.86County attorney to prosecute.It shall be the duty of the county attorney to prosecute in the name of the state all forfeitures of abatement bonds and the foreclosures of same.[C24, 27, 31, §2047; C35, §1921-f87, 2047; C39, §1921.087, 2047; C46, 50, 54, 58, 62, 66, 71, §123.87, 128.34; C73, 75, 77, 79, 81, §123.86]Referred to in 331.756123.87Prompt service.It shall be a simple misdemeanor for any peace officer to delay service of original notices, writs of injunction, writs of abatement, or warrants for contempt in any equity case filed for injunction or abatement by the state.[C24, 27, 31, §2049; C35, §1921-f88, 2049; C39, §1921.088, 2049; C46, 50, 54, 58, 62, 66, 71, §123.88, 128.36; C73, 75, 77, 79, 81, §123.87]123.88Evidence.On the issue whether a party knew or ought to have known of a nuisance described under section 123.60, evidence of the general reputation of the place shall be admissible.[C24, 27, 31, §2053; C35, §1921-f89, 2053; C39, §1921.089, 2053; C46, 50, 54, 58, 62, 66, 71, §123.89, 128.40; C73, 75, 77, 79, 81, §123.88]2015 Acts, ch 30, §47123.89Counts.Informations or indictments under this chapter may allege any number of violations of its provisions by the same party, but the several charges must be set out in separate counts, and the accused may be convicted and punished upon each one as on separate informations or indictments, and a separate judgment shall be rendered on each count under which there is a finding of guilty.[C51, §931; R60, §1562; C73, §1540; C97, §2425; C24, 27, 31, §1953; C35, §1921-f90, 1953; C39, §1921.090, 1953; C46, 50, 54, 58, 62, 66, 71, §123.90, 126.8; C73, 75, 77, 79, 81, §123.89]123.90Penalties generally.Unless other penalties are herein provided, any person, except a person under legal age, who violates any of the provisions of this chapter, or who makes a false statement concerning any material fact in submitting an application for a permit or license, shall be guilty of a serious misdemeanor. Any person under legal age who violates any of the provisions of this chapter shall upon conviction be guilty of a simple misdemeanor.[C35, §1921-f91, 1921-f127; C39, §1921.091, 1921.132; C46, 50, 54, 58, 62, 66, 71, §123.91, 124.37; C73, 75, 77, 79, 81, §123.90]123.91Second and subsequent conviction.Unless otherwise provided by law, a person who has been convicted in a criminal action in any court of record of a violation of a provision of this chapter, except for a violation of section 123.46, or a provision of the laws of the United States or of any other state relating to alcoholic liquors, wine, or beer, and who is thereafter convicted of a subsequent criminal offense against any provision of this chapter is guilty of the following offenses:1.  For the second conviction, a serious misdemeanor.2.  For the third and each subsequent conviction, an aggravated misdemeanor.[R60, §1561, 1563, 1577; C73, §1525, 1538, 1540, 1542, 1559; SS15, §2461-m; C24, 27, 31, 35, 39, §1964; C46, 50, 54, 58, 62, 66, 71, §126.19; C73, 75, 77, 79, 81, §123.91]85 Acts, ch 32, §56, 2018 Acts, ch 1060, §44, 2019 Acts, ch 59, §44, 2019 Acts, ch 140, §42
See Code editor’s note on simple harmonization at the end of Vol VI
Unnumbered paragraph 1 amended
123.92Civil liability for dispensing or sale and service of any alcoholic beverage (Dramshop Act) — liability insurance — underage persons.1.a.  Subject to the limitation amount specified in paragraph “c”, if applicable, any third party who is not the intoxicated person who caused the injury at issue and who is injured in person or property or means of support by an intoxicated person or resulting from the intoxication of a person, has a right of action for damages actually sustained, severally or jointly against any licensee or permittee, whether or not the license or permit was issued by the division or by the licensing authority of any other state, who sold and served any alcoholic beverage directly to the intoxicated person, provided that the person was visibly intoxicated at the time of the sale or service.b.  If the injury was proximately caused by an intoxicated person, a permittee or licensee may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the person.c.  The total amount recoverable by each plaintiff in any civil action for noneconomic damages for personal injury, whether in tort, contract, or otherwise, against a licensee or permittee, shall be limited to two hundred fifty thousand dollars for any injury or death of a person, unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.2.a.  Every liquor control licensee, class “B” beer permittee, and class “C” native wine permittee, except a class “E” liquor control licensee, shall furnish proof of financial responsibility by the existence of a liability insurance policy in an amount determined by the division. If an insurer provides dramshop liability insurance at a new location to a licensee or permittee who has a positive loss experience at other locations for which such insurance is provided by the insurer, and the insurer bases premium rates at the new location on the negative loss history of the previous licensee or permittee at that location, the insurer shall examine and consider adjusting the premium for the new location not less than thirty months after the insurance is issued, based on the loss experience of the licensee or permittee at that location during that thirty-month period of time.b.  A dramshop liability insurance policy may be written on an aggregate limit basis.c.  The purpose of dramshop liability insurance is to provide protection for members of the public who experience damages as a result of licensees or permittees serving patrons any alcoholic beverage to a point that reaches or exceeds the standard set forth in law for liability. Minimum coverage requirements for such insurance are not for the purpose of making the insurance affordable for all licensees or permittees regardless of claims experience. A dramshop liability insurance policy obtained by a licensee or permittee shall meet the minimum insurance coverage requirements as determined by the division and is a mandatory condition for holding a license or permit.3.a.  Notwithstanding section 123.49, subsection 1, any person who is injured in person or property or means of support by an intoxicated person who is under legal age or resulting from the intoxication of a person who is under legal age, has a right of action for all damages actually sustained, severally or jointly, against a person who is not a licensee or permittee and who dispensed or gave any alcoholic beverage to the intoxicated underage person when the nonlicensee or nonpermittee who dispensed or gave the alcoholic beverage to the underage person knew or should have known the underage person was intoxicated, or who dispensed or gave any alcoholic beverage to the underage person to a point where the nonlicensee or nonpermittee knew or should have known that the underage person would become intoxicated.b.  If the injury was caused by an intoxicated person who is under legal age, a person who is not a licensee or permittee and who dispensed or gave the alcoholic beverage to the underage person may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the underage person.c.  For purposes of this subsection, “dispensed” or “gave” means the act of physically presenting a receptacle containing any alcoholic beverage to the underage person whose actions or intoxication results in the sustaining of damages by another person. However, a person who dispenses or gives any alcoholic beverage to an underage person shall only be liable for any damages if the person knew or should have known that the underage person was under legal age.[C73, §1557; C97, §2418; C24, 27, 31, 35, 39, §2055; C46, 50, 54, 58, 62, §129.2; C66, 71, §123.95, 129.2; C73, 75, 77, 79, 81, §123.92]85 Acts, ch 32, §57, 86 Acts, ch 1211, §12, 88 Acts, ch 1158, §30, 92 Acts, ch 1136, §1, 97 Acts, ch 126, §7, 2009 Acts, ch 128, §1, 2013 Acts, ch 124, §1, 2016 Acts, ch 1008, §9, 2018 Acts, ch 1060, §45 – 47, 2018 Acts, ch 1090, §1, 2018 Acts, ch 1172, §18, 51Referred to in 123.3, 123.10, 123.95
Minimum coverage requirements evaluation, see §505.33
123.93Limitation of action.Within six months of the occurrence of an injury, the injured person shall give written notice to the licensee or permittee or such licensee’s or permittee’s insurance carrier of the person’s intention to bring an action under this section, indicating the time, place and circumstances causing the injury. Such six months’ period shall be extended if the injured party is incapacitated at the expiration thereof or unable, through reasonable diligence, to discover the name of the licensee, permittee, or person causing the injury or until such time as such incapacity is removed or such person has had a reasonable time to discover the name of the licensee, permittee or person causing the injury.[C73, 75, 77, 79, 81, §123.93]123.94Inurement of action prohibited.No right of action for contribution or indemnity shall accrue to any insurer, guarantor or indemnitor of any intoxicated person for any act of such intoxicated person against any licensee or permittee as defined in this chapter.[C73, 75, 77, 79, 81, §123.94]123.95Premises must be licensed — exception as to conventions and social gatherings.1.  A person shall not allow the dispensing or consumption of alcoholic liquor, except wines and beer, in any establishment unless the establishment is licensed under this chapter or except as otherwise provided in this section.2.a.  The holder of an annual class “B” liquor control license or an annual class “C” liquor control license may act as the agent of a private social host for the purpose of providing and serving alcoholic beverages as part of a food catering service for a private social gathering in a private place, provided the licensee has applied for and been granted a catering privilege by the division. The holder of an annual special class “C” liquor control license shall not act as the agent of a private social host for the purpose of providing and serving wine and beer as part of a food catering service for a private social gathering in a private place. An applicant for a class “B” or class “C” liquor control license shall state on the application for the license that the licensee intends to engage in catering food and alcoholic beverages for private social gatherings and the catering privilege shall be noted on the license.b.  The private social host or the licensee shall not solicit payment of any kind, including donations, for the food or alcoholic beverages from the guests, and the alcoholic beverages and food shall be served without cost to the guests.c.  Section 123.92 does not apply to a liquor control licensee who acts in accordance with this section when the liquor control licensee is providing and serving food and alcoholic beverages as an agent of a private social host at a private social gathering in a private place which is not on the licensed premises.d.  A licensee who engages in catering food and alcoholic beverages for private social gatherings shall maintain a record on the licensed premises which includes the name and address of the host of the private social gathering, and the date for which catering was provided. The record maintained pursuant to this section shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee.3.  However, bona fide conventions or meetings may bring their own legal liquor onto the licensed premises if the liquor is served to delegates or guests without cost. All other provisions of this chapter shall be applicable to such premises. The provisions of this section shall have no application to private social gatherings of friends or relatives in a private home or private place which is not of a commercial nature nor where goods or services may be purchased or sold nor any charge or rent or other thing of value is exchanged for the use of such premises for any purpose other than for sleeping quarters.[C66, 71, §123.96; C73, 75, 77, 79, 81, §123.95]85 Acts, ch 32, §58, 93 Acts, ch 91, §20, 2019 Acts, ch 113, §36Referred to in 7D.16, 123.49
Subsections 1 and 2 amended
123.96  Reserved. 123.97Covered into general fund.All revenues, except the portion of license fees remitted to the local authorities, arising under the operation of the provisions of this chapter shall become part of the state general fund.[C66, 71, §123.101; C73, 75, 77, 79, 81, §123.97]123.98Labeling shipments.1.  It shall be unlawful for any common carrier or for any person to transport or convey by any means, whether for compensation or not, within this state, any alcoholic liquor, wine, or beer, unless the vessel or other package containing such alcoholic liquor, wine, or beer shall be plainly and correctly identified, showing the quantity and kind of alcoholic liquor, wine, or beer contained therein, the name of the party to whom they are to be delivered, and the name of the shipper, or unless such information is shown on a bill of lading or other document accompanying the shipment. No person shall be authorized to receive or keep such alcoholic liquor, wine, or beer unless the same be marked or labeled as required by this section. The violation of any provision of this section by any common carrier, or any agent or employee of any carrier, or by any person, shall be punished under the provisions of this chapter.2.  Any alcoholic liquor, wine, or beer conveyed, carried, transported, or delivered in violation of this section, whether in the hands of the carrier or someone to whom they shall have been delivered, shall be subject to seizure and condemnation, as alcoholic liquor, wine, or beer kept for illegal sale.[C97, §2421; C24, 27, 31, 35, 39, §1936, 1938; C46, 50, 54, 58, 62, 66, 71, §125.16, 125.18; C73, 75, 77, 79, 81, §123.98]2018 Acts, ch 1060, §48123.99False statements.A person commits a simple misdemeanor if the person, for the purpose of procuring the shipment, transportation, or conveyance of any alcoholic liquor, wine, or beer within this state in violation of this chapter, does any of the following:1.  Makes to any person, company, corporation, or common carrier, or to any agent thereof, any false statements as to the character or contents of any box, barrel, or other vessel or package containing such alcoholic liquor, wine, or beer.2.  Refuses to give correct and truthful information as to the contents of any such box, barrel, or other vessel or package so sought to be transported or conveyed.3.  Falsely labels, brands, or marks a box, barrel, or other vessel or package in order to conceal the fact that the same contains alcoholic liquor, wine, or beer.4.  By any device or concealment procures or attempts to procure the conveyance or transportation of alcoholic liquor, wine, or beer.[C97, §2420; C24, 27, 31, 35, 39, §1934; C46, 50, 54, 58, 62, 66, 71, §125.14; C73, 75, 77, 79, 81, §123.99]2013 Acts, ch 35, §25, 2018 Acts, ch 1060, §49, 2019 Acts, ch 59, §45
Section amended
123.100Packages in transit.Any peace officer of the county under process or warrant to the peace officer directed shall have the right to open any box, barrel, or other vessel or package for examination, if the peace officer has reasonable ground for believing that it contains alcoholic liquor, wine, or beer, either before or while the same is being so transported or conveyed.[C97, §2420; C24, 27, 31, 35, 39, §1935; C46, 50, 54, 58, 62, 66, 71, §125.15; C73, 75, 77, 79, 81, §123.100]2013 Acts, ch 35, §26, 2018 Acts, ch 1060, §50123.101Record of shipments.It shall be the duty of all common carriers, or corporations, or persons who shall for hire carry any alcoholic liquor, wine, or beer into the state, or from one point to another within the state, for the purpose of delivery, and who shall deliver such alcoholic liquor, wine, or beer to any person, company, or corporation, to maintain a proper record of the name of the consignor of each shipment of alcoholic liquor, wine, or beer from where shipped, the date of arrival, the quantity and kind of alcoholic liquor, wine, or beer, so far as disclosed by lettering on the package or by the carrier’s records, and to whom and where consigned, and the date delivered.[SS15, §2421-b; C24, 27, 31, 35, 39, §1940; C46, 50, 54, 58, 62, 66, 71, §125.20; C73, 75, 77, 79, 81, §123.101]2013 Acts, ch 35, §27, 2018 Acts, ch 1060, §51Referred to in 123.102123.102Inspection of shipping records.The records required by section 123.101 shall, during business hours, be open to inspection by any peace or law enforcing officer. It is a simple misdemeanor to refuse such inspection.[SS15, §2421-c, -d; C24, 27, 31, 35, 39, §1941; C46, 50, 54, 58, 62, 66, 71, §125.21; C73, 75, 77, 79, 81, §123.102]2013 Acts, ch 35, §28123.103Record and certification upon delivery.The full name and residence or place of business of the consignee of a shipment billed in whole or in part as alcoholic liquor, wine, or beer, shall be properly recorded at the time of delivery and the consignee shall certify that the alcoholic liquor, wine, or beer is for the consignee’s own lawful purposes.[SS15, §2421-b; C24, 27, 31, 35, 39, §1942; C46, 50, 54, 58, 62, 66, 71, §125.22; C73, 75, 77, 79, 81, §123.103]2013 Acts, ch 35, §29, 2018 Acts, ch 1060, §52Referred to in 123.104123.104Unlawful delivery.It is a simple misdemeanor for any corporation, common carrier, person, or any agent or employee thereof:1.  To deliver any alcoholic liquor, wine, or beer to any person other than to the consignee.2.  To deliver any alcoholic liquor, wine, or beer without having the same properly recorded as provided in section 123.103.3.  To deliver any alcoholic liquor, wine, or beer where there is reasonable ground to believe that such alcoholic liquor, wine, or beer is intended for unlawful use.[SS15, §2421-c1; C24, 27, 31, 35, 39, §1943; C46, 50, 54, 58, 62, 66, 71, §125.23; C73, 75, 77, 79, 81, §123.104]2013 Acts, ch 35, §30, 2018 Acts, ch 1060, §53123.105Immunity from damage.In no case shall any corporation, common carrier, person, or the agent thereof, be liable in damages for complying with any requirements of this chapter.[SS15, §2421-c; C24, 27, 31, 35, 39, §1944; C46, 50, 54, 58, 62, 66, 71, §125.24; C73, 75, 77, 79, 81, §123.105]123.106Federal statutes.The requirements of this chapter relative to the shipment and delivery of alcoholic liquor, wine, or beer and the records to be kept thereof shall be construed in harmony with federal statutes relating to interstate commerce in such liquor, wine, or beer.[SS15, §2421-e; C24, 27, 31, 35, 39, §1945; C46, 50, 54, 58, 62, 66, 71, §125.25; C73, 75, 77, 79, 81, §123.106]2013 Acts, ch 35, §31, 2018 Acts, ch 1060, §54123.107Unnecessary allegations.1.  In any indictment or information under this chapter, it shall not be necessary:a.  To set out exactly the kind or quantity of alcoholic liquor, wine, or beer manufactured, sold, given in evasion of the statute, or kept for sale.b.  To set out the exact time of manufacture, sale, gift, or keeping for sale.c.  To negative any exceptions contained in the statute creating or defining the offense, which may be proper ground of defense.2.  Proof of the violation by the accused of any provision of this chapter, the substance of which violation is briefly set forth, within the time mentioned in the indictment or information, shall be sufficient to convict such person.[R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, §1952; C46, 50, 54, 58, 62, 66, 71, §126.7; C73, 75, 77, 79, 81, §123.107]2009 Acts, ch 41, §263, 2013 Acts, ch 35, §32, 2018 Acts, ch 1060, §55, 2019 Acts, ch 59, §46
Subsection 2 amended
123.108Second conviction defined.The second or subsequent convictions provided for in this chapter shall be convictions on separate informations or indictments, and, unless shown in the information or indictment, the charge shall be held to be for a first offense.[R60, §1562; C73, §1540; C97, §2425; C24, 27, 31, 35, 39, §1955; C46, 50, 54, 58, 62, 66, 71, §126.10; C73, 75, 77, 79, 81, §123.108]123.109Record of conviction.On the trial of any cause in which the accused is charged with a second or subsequent offense, a duly authenticated copy of the former judgment in any court in which such conviction was had shall be competent evidence of such former conviction.[SS15, §2461-n; C24, 27, 31, 35, 39, §1956; C46, 50, 54, 58, 62, 66, 71, §126.11; C73, 75, 77, 79, 81, §123.109]123.110Proof of sale.It shall not be necessary in every case to prove payment in order to prove a sale within the meaning and intent of this chapter.[R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, §1957; C46, 50, 54, 58, 62, 66, 71, §126.12; C73, 75, 77, 79, 81, §123.110]123.111Purchaser as witness.The person purchasing any alcoholic liquor, wine, or beer sold in violation of this chapter shall in all cases be a competent witness to prove such sale.[R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, §1958; C46, 50, 54, 58, 62, 66, 71, §126.13; C73, 75, 77, 79, 81, §123.111]2013 Acts, ch 35, §33, 2018 Acts, ch 1060, §56123.112Peace officer as witness.Every peace officer shall give evidence, when called upon, of any facts within the peace officer’s knowledge tending to prove a violation of the provisions of this chapter.[R60, §1578; C73, §1551; C97, §2428; S13, §2428; C24, 27, 31, 35, 39, §1959; C46, 50, 54, 58, 62, 66, 71, §126.14; C73, 75, 77, 79, 81, §123.112]123.113Judgment lien.For all fines and costs assessed or judgments rendered of any kind against any person for a violation of any provision of this chapter, or costs paid by the county on account of such violation, the personal and real property of the violator, whether exempt or not, except the homestead, as well as the premises and property, personal and real, occupied and used for the unlawful purpose, with the knowledge of the owner or the owner’s agent, by the violator, shall be liable, and the same shall be a lien on such real estate until paid.[R60, §1579; C73, §1552, 1558; C97, §2422; C24, 27, 31, 35, 39, §1960; C46, 50, 54, 58, 62, 66, 71, §126.15; C73, 75, 77, 79, 81, §123.113]123.114Enforcement of lien.Costs paid by the county for the prosecution of actions or proceedings, civil or criminal, under this chapter, as well as the fines inflicted or judgments rendered, may be enforced against the property upon which the lien attaches by execution, or by action against the owner of the property to subject it to the payment thereof.[C73, §1558; C97, §2422; C24, 27, 31, 35, 39, §1961; C46, 50, 54, 58, 62, 66, 71, §126.16; C73, 75, 77, 79, 81, §123.114]123.115Defense.In any prosecution under this chapter for the unlawful transportation of alcoholic liquor, wine, or beer it shall be a defense that the character and contents of the shipment or thing transported were not known to the accused or to the accused’s agent or employee.[C97, §2419; C24, §2059; C27, 31, 35, §1945-a2; C39, §1945.3; C46, 50, 54, 58, 62, 66, 71, §125.28; C73, 75, 77, 79, 81, §123.115]2013 Acts, ch 35, §34, 2018 Acts, ch 1060, §57123.116Right to receive alcoholic liquor, wine, or beer.The consignee of alcoholic liquor, wine, or beer shall, on demand of the carrier transporting such alcoholic liquor, wine, or beer, furnish the carrier, at the place of delivery, with legal proof of the consignee’s legal right to receive such alcoholic liquor, wine, or beer at the time of delivery, and until such proof is furnished the carrier shall be under no legal obligation to make delivery nor be liable for failure to deliver.[C24, §2061; C27, 31, 35, §1945-a4; C39, §1945.5; C46, 50, 54, 58, 62, 66, 71, §125.30; C73, 75, 77, 79, 81, §123.116]2013 Acts, ch 35, §35, 2018 Acts, ch 1060, §58123.117Delivery to sheriff.If such proof is not furnished the carrier within ten days after demand, the carrier may deliver such liquor, wine, or beer to the sheriff of the county embracing the place of delivery, and such delivery shall absolve the carrier from all liability pertaining to such liquor, wine, or beer.[C24, §2062; C27, 31, 35, §1945-a5; C39, §1945.6; C46, 50, 54, 58, 62, 66, 71, §125.31; C73, 75, 77, 79, 81, §123.117]2013 Acts, ch 35, §36Referred to in 331.653123.118Destruction.The sheriff shall, on receipt of such liquor, wine, or beer from the carrier, report the receipt to the district court of the sheriff’s county, and the court shall proceed to summarily enter an order for the destruction or forfeiture to the state of such liquor, wine, or beer.[C24, §2063; C27, 31, 35, §1945-a6; C39, §1945.7; C46, 50, 54, 58, 62, 66, 71, §125.32; C73, 75, 77, 79, 81, §123.118]2013 Acts, ch 35, §37Referred to in 331.653123.119Evidence.In all actions, civil or criminal, under the provisions of this chapter, the finding of alcoholic liquors or of instruments or utensils used in the manufacture of alcoholic liquors, or materials which are being used, or are intended to be used in the manufacture of alcoholic liquors, in the possession of or under the control of any person, under and by authority of a search warrant or other process of law, and which shall have been finally adjudicated and declared forfeited by the court, shall be competent evidence of maintaining a nuisance or bootlegging, or of illegal transportation of alcoholic liquors, as the case may be, by such person.[C27, 31, 35, §1966-a1; C39, §1966.1; C46, 50, 54, 58, 62, 66, 71, §126.23; C73, 75, 77, 79, 81, §123.119]2018 Acts, ch 1060, §59123.120Attempt to destroy.The destruction of or attempt to destroy any liquid by any person while in the presence of peace officers or while a property is being searched by a peace officer, shall be competent evidence that such liquid is alcoholic liquor, wine, or beer and intended for unlawful purposes.[C27, 31, 35, §1966-a3; C39, §1966.3; C46, 50, 54, 58, 62, 66, 71, §126.25; C73, 75, 77, 79, 81, §123.120]2013 Acts, ch 35, §38, 2018 Acts, ch 1060, §60123.121Venue.1.  In any prosecution under this chapter for the unlawful sale of alcoholic liquor, wine, or beer, including a sale which requires a shipment or delivery of the alcoholic liquor, wine, or beer, shall be deemed to be made in the county in which the delivery is made by the carrier to the consignee, or the consignee’s agent or employee.2.  In any prosecution under this chapter for the unlawful transportation of alcoholic liquor, wine, or beer, the offense shall be held to have been committed in any county in which such alcoholic liquor, wine, or beer is received for transportation, through which it is transported, or in which it is delivered.[C97, §2419; C24, §1928, 2060; C27, 31, 35, §1928, 1945-a3; C39, §1928, 1945.4; C46, 50, 54, 58, 62, 66, 71, §125.8, 125.29; C73, 75, 77, 79, 81, §123.121]85 Acts, ch 32, §60, 2013 Acts, ch 35, §39, 2018 Acts, ch 1060, §61
SUBCHAPTER IIBEER PROVISIONS123.122Beer certificate, permit, or license required exception for personal use.1.  A person shall not cause the manufacture, importation, or sale of beer in this state unless a certificate or permit as provided in this subchapter, or a liquor control license as provided in subchapter I of this chapter, is first obtained which authorizes that manufacture, importation, or sale.2.  Any person of legal age may manufacture beer for personal use without a class “A” beer permit, subject to the requirements of this subsection. Such beer may be consumed on the premises or removed from the premises where it was manufactured only if the beer is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.3.  Except as otherwise provided in this chapter, a person shall not import beer. However, an individual of legal age may import beer into the state without a certificate, permit, or license an amount of beer not to exceed four and one-half gallons per calendar month that the individual personally obtained outside the state or, in the case of beer personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal consumption. Beer imported pursuant to this section shall be for personal consumption in a private home or other private accommodation and only if the beer is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.[C35, §1921-f96; C39, §1921.095; C46, 50, 54, 58, 62, 66, 71, §124.1; C73, 75, 77, 79, 81, §123.122]88 Acts, ch 1088, §7, 2015 Acts, ch 30, §48, 2015 Acts, ch 138, §26, 161, 162, 2019 Acts, ch 113, §37Referred to in 123.10
Charity beer, spirits, and wine auction permits, see §123.173A
Section stricken and rewritten
123.123Effect on liquor control licensees.All applicable provisions of this subchapter relating to class “B” beer permits shall apply to liquor control licensees in the purchasing, storage, handling, serving, and sale of beer.[C73, 75, 77, 79, 81, §123.123]2015 Acts, ch 30, §49123.124Beer permits classes.Permits for the manufacture and sale, or sale, of beer shall be divided into four classes, known as class “A”, special class “A”, class “B”, or class “C” beer permits. A holder of a class “A” or special class “A” beer permit shall have the authority as provided in section 123.130. A holder of a class “B” beer permit shall have the authority as provided in section 123.131, and a holder of a class “C” beer permit shall have the authority as provided in section 123.132.[C35, §1921-f98; C39, §1921.097; C46, 50, 54, 58, 62, 66, 71, §124.3; C73, 75, 77, 79, 81, §123.124]88 Acts, ch 1241, §15, 89 Acts, ch 221, §1, 92 Acts, ch 1003, §1, 94 Acts, ch 1017, §6, 2010 Acts, ch 1031, §89, 96, 2015 Acts, ch 53, §3, 2016 Acts, ch 1073, §33, 2017 Acts, ch 119, §20Referred to in 123.45, 123.130123.125Issuance of beer permits.The administrator shall issue class “A”, special class “A”, class “B”, and class “C” beer permits and may suspend or revoke permits for cause as provided in this chapter.[C35, §1921-f98; C39, §1921.097; C46, 50, 54, 58, 62, 66, 71, §124.3; C73, 75, 77, 79, 81, §123.125]89 Acts, ch 221, §2, 2010 Acts, ch 1031, §90, 96, 2017 Acts, ch 119, §21123.126High alcoholic content beer applicability.Unless otherwise provided by this chapter, the provisions of this chapter applicable to beer shall also apply to high alcoholic content beer.2010 Acts, ch 1189, §42, 43123.126ACanned cocktails applicability.Unless otherwise provided by this chapter, the provisions of this chapter applicable to beer shall also apply to canned cocktails.2019 Acts, ch 107, §3, 6
NEW section
123.127Class “A” and special class “A” beer permit application and issuance.1.  A person applying for a class “A” or special class “A” beer permit shall submit a completed application electronically, or in a manner prescribed by the administrator, which shall set forth under oath the following:a.  The name and place of residence of the applicant.b.  The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.c.  The location of the premises where the applicant intends to operate.d.  The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.e.  When required by the administrator, and in such form and containing such information as the administrator may require, a description of the premises where the applicant intends to use the permit, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.f.  Whether any person specified in paragraph “b” has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.g.  Any other information as required by the administrator.2.  The administrator shall issue a class “A” or special class “A” beer permit to any applicant who establishes all of the following:a.  That the applicant has submitted a completed application as required by subsection 1.b.  That the applicant is a person of good moral character as provided in section 123.3, subsection 40.c.  That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.d.  That the applicant has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of beer.e.  That the premises where the applicant intends to use the permit conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.f.  That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.g.  That the applicant has submitted a bond in the amount of ten thousand dollars in a manner prescribed by the administrator with good and sufficient sureties to be approved by the division conditioned upon compliance with this chapter.h.  If the person is applying for a special class “A” beer permit, that the applicant holds or has applied for a class “C” liquor control license or class “B” beer permit.[C35, §1921-f102; C39, §1921.103; C46, 50, 54, 58, 62, 66, §124.8; C71, §124.8, 124.41; C73, 75, 77, 79, 81, §123.127]88 Acts, ch 1241, §16, 89 Acts, ch 221, §3, 2003 Acts, ch 143, §6, 17, 2009 Acts, ch 41, §177, 2010 Acts, ch 1031, §91, 92, 96, 2013 Acts, ch 35, §8, 9, 2015 Acts, ch 53, §4, 2016 Acts, ch 1073, §34, 35, 2017 Acts, ch 119, §22, 2018 Acts, ch 1060, §62, 2019 Acts, ch 113, §38, 39Referred to in 123.32, 123.128, 123.129
Subsection 1, unnumbered paragraph 1 amended
Subsection 1, paragraph b amended
123.128Class “B” beer permit application.A class “B” beer permit shall be issued by the administrator to any person who:1.  Submits an application electronically, or in a manner prescribed by the administrator, which shall state under oath:a.  All the information required of an applicant by section 123.127, subsection 1.b.  That the premises for which the permit is sought is and will continue to be equipped with sufficient tables and seats to accommodate twenty-five persons at one time, and in areas where such business is permitted by any valid zoning ordinance or will be so permitted on the effective date of the permit.2.  Fulfills the requirements of section 123.127, subsection 2, paragraphs “b”, “c”, and “e”.3.  Consents to inspection as required in section 123.30, subsection 1.[C35, §1921-f103; C39, §1921.104; C46, 50, 54, 58, 62, 66, 71, §124.9; C73, 75, 77, 79, 81, §123.128]88 Acts, ch 1088, §8, 88 Acts, ch 1241, §17, 2009 Acts, ch 41, §178, 179, 2013 Acts, ch 35, §10, 2015 Acts, ch 53, §5, 6, 2016 Acts, ch 1073, §36, 2017 Acts, ch 119, §23, 24Referred to in 123.32123.129Class “C” beer permit application.1.  A class “C” beer permit shall not be issued to any person except the owner or proprietor of a grocery store or pharmacy.2.  A class “C” beer permit shall be issued by the administrator to any person who is the owner or proprietor of a grocery store or pharmacy, who:a.  Submits an application electronically, or in a manner prescribed by the administrator, which shall state under oath all the information required of an applicant by section 123.127, subsection 1.b.  Fulfills the requirements of section 123.127, subsection 2, paragraphs “b”, “c”, and “e.c.  Consents to inspection as required in section 123.30, subsection 1.[C35, §1921-f104; C39, §1921.105; C46, 50, 54, 58, 62, 66, 71, §124.10; C73, 75, 77, 79, 81, §123.129]88 Acts, ch 1088, §9, 88 Acts, ch 1241, §18, 2009 Acts, ch 41, §180, 2009 Acts, ch 133, §193, 2011 Acts, ch 17, §12, 2013 Acts, ch 35, §11, 2015 Acts, ch 53, §7, 2016 Acts, ch 1073, §37, 38, 2017 Acts, ch 119, §25, 26Referred to in 123.32123.130Authority under class “A” and special class “A” beer permits.1.a.  Any person holding a class “A” beer permit issued by the division shall be authorized to manufacture and sell, or sell at wholesale, beer for consumption off the premises, such sales within the state to be made only to persons holding subsisting class “A”, “B”, or “C” beer permits, both a class “C” native wine permit and a class “A” wine permit pursuant to section 123.178B, subsection 4, or liquor control licenses issued in accordance with the provisions of this chapter. However, a person holding a class “A” beer permit issued by the division who also holds a brewer’s notice issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury shall be authorized to sell, at wholesale, no more than thirty thousand barrels of beer on an annual basis for consumption off the premises to a licensee or permittee authorized under this chapter to sell beer at retail.b.  A person holding a class “A” beer permit may sell beer to distributors outside of the state that are authorized by the laws of that jurisdiction to sell beer at wholesale. c.  A class “A” or special class “A” beer permit does not grant authority to manufacture wine as defined in section 123.3, subsection 54.2.  Pursuant to section 123.45, subsection 3, a native brewery may be granted not more than one class “B” beer permit as defined in section 123.124 for the purpose of selling beer at retail for consumption on or off the premises of the manufacturing facility.3.  All class “A” premises shall be located within the state. All beer received by the holder of a class “A” beer permit from the holder of a certificate of compliance before being resold must first come to rest on the licensed premises of the permit holder, must be inventoried, and is subject to the barrel tax when resold as provided in section 123.136. A class “A” beer permittee shall not store beer overnight except on premises licensed under a class “A” beer permit.4.  All special class “A” premises shall be located within the state. A person who holds a special class “A” beer permit for the same location at which the person holds a class “C” liquor control license or class “B” beer permit for the purpose of operating as a brewpub may manufacture and sell beer to be consumed on the premises, may sell at retail at the manufacturing premises for consumption off the premises beer that is transferred at the time of sale to another container subject to the requirements of section 123.131, subsection 2, may sell beer to a class “A” beer permittee for resale purposes, and may sell beer to distributors outside of the state that are authorized by the laws of that jurisdiction to sell beer at wholesale. The permit issued to holders of a special class “A” beer permit shall clearly state on its face that the permit is limited.5.  A manufacturer of beer issued a class “A” or special class “A” beer permit shall file with the division, on or before the fifteenth day of each calendar month, all documents filed with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all brewer’s operation and excise tax return reports.[C35, §1921-f105; C39, §1921.106; C46, 50, 54, 58, 62, 66, 71, §124.11; C73, 75, 77, 79, 81, §123.130]88 Acts, ch 1241, §19, 89 Acts, ch 221, §4, 92 Acts, ch 1003, §2, 2010 Acts, ch 1031, §93, 96, 2015 Acts, ch 53, §8, 2016 Acts, ch 1073, §39, 2017 Acts, ch 119, §27, 2018 Acts, ch 1060, §63, 2019 Acts, ch 8, §5, 2019 Acts, ch 113, §40 – 42Referred to in 123.124, 123.136
See Code editor’s note on simple harmonization at the end of Vol VI
Subsection 1 amended
NEW subsection 2 and former subsections 2 and 3 renumbered as 3 and 4
NEW subsection 5
123.131Authority under class “B” beer permit.1.  Subject to the provisions of this chapter, any person holding a class “B” beer permit shall be authorized to sell beer for consumption on or off the premises. Sales of beer for consumption off the premises made pursuant to this section shall be made in original containers except as provided in subsection 2. However, unless otherwise provided in this chapter, no sale of beer shall be made for consumption on the premises unless the place where such service is made is equipped with tables and seats sufficient to accommodate not less than twenty-five persons at one time.2.  Subject to the rules of the division, sales of beer for consumption off the premises made pursuant to this section may be made in a container other than the original container only if the container is carried into an immediately adjacent premises covered by a license or permit that authorizes the consumption of beer, temporarily closed public right-of-way, or a private place, or if all of the following requirements are met:a.  The beer is transferred from the original container to the container to be sold on the licensed premises at the time of sale.b.  The person transferring the beer from the original container to the container to be sold shall be eighteen years of age or more.c.  The container to be sold shall be no larger than seventy-two ounces.d.  The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of beer has been tampered with or the sealed container has otherwise been reopened.3.  A container of beer other than the original container that is sold and sealed in compliance with the requirements of subsection 2 and the rules of the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.4.  A person holding a class “B” beer permit and a class “A” beer permit whose primary purpose is manufacturing beer may purchase wine from a wholesaler holding a class “A” wine permit for sale at retail for consumption on the premises covered by the class “B” beer permit.5.  A person holding a class “B” beer permit may also hold a special class “A” beer permit for the premises licensed under a class “B” beer permit for the purpose of operating as a brewpub pursuant to this chapter.[C35, §1921-f106; C39, §1921.107; C46, 50, 54, 58, 62, 66, 71, §124.12; C73, 75, 77, 79, 81, §123.131]2016 Acts, ch 1073, §40, 2017 Acts, ch 119, §28, 2018 Acts, ch 1060, §64, 2018 Acts, ch 1172, §61, 2019 Acts, ch 113, §43Referred to in 123.124, 123.130, 123.177
Subsection 2, unnumbered paragraph 1 amended
123.132Authority under class “C” beer permit.1.  The holder of a class “C” beer permit shall be allowed to sell beer to consumers at retail for consumption off the premises. The sales made pursuant to this section shall be made in original containers except as provided in subsection 2.2.  Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:a.  The beer is transferred from the original container to the container to be sold on the licensed premises at the time of sale.b.  The person transferring the beer from the original container to the container to be sold shall be eighteen years of age or more.c.  The container to be sold shall be no larger than seventy-two ounces.d.  The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of beer has been tampered with or the sealed container has otherwise been reopened.3.  A container of beer other than the original container that is sold and sealed in compliance with the requirements of subsection 2 and the division’s rules shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.4.  The holder of a class “C” beer permit or the permittee’s agents or employees shall not sell beer to other retail license or permit holders knowing or having reasonable cause to believe that the beer will be resold in another licensed establishment.[C35, §1921-f107; C39, §1921.108; C46, 50, 54, 58, 62, 66, 71, §124.13; C73, 75, 77, 79, 81, §123.132]94 Acts, ch 1017, §7, 2015 Acts, ch 66, §1, 2015 Acts, ch 138, §14, 161, 162, 2016 Acts, ch 1073, §41Referred to in 123.124123.133Sale on trains — bond.Repealed by 2011 Acts, ch 17, §16.123.134Beer permit fees — Sunday sales.1.  The annual permit fee for a class “A” or special class “A” beer permit is seven hundred fifty dollars.2.  The annual permit fee for a class “B” beer permit shall be graduated according to population as follows:a.  For premises located within the corporate limits of cities with a population of ten thousand and over, three hundred dollars.b.  For premises located within the corporate limits of cities with a population of at least fifteen hundred but less than ten thousand, two hundred dollars.c.  For premises located within the corporate limits of cities with a population of under fifteen hundred, one hundred dollars.d.  For premises located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be operated under the permit, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the permit fee which is the largest shall prevail. However, if the premises are located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.3.  The annual permit fee for a class “C” beer permit shall be graduated on the basis of the amount of interior floor space which comprises the retail sales area of the premises covered by the permit, as follows:a.  Up to one thousand five hundred square feet, the sum of seventy-five dollars.b.  Over one thousand five hundred square feet and up to two thousand square feet, the sum of one hundred dollars.c.  Over two thousand and up to five thousand square feet, the sum of two hundred dollars.d.  Over five thousand square feet, the sum of three hundred dollars.4.  Any club, hotel, motel, or commercial establishment holding a class “B” beer permit, subject to the provisions of section 123.49, subsection 2, paragraph “b”, may apply for and receive permission to sell and dispense beer to patrons on Sunday for consumption on or off the premises between the hours of 8:00 a.m.on Sunday and 2:00 a.m.on the following Monday. Any class “C” beer permittee may sell beer for consumption off the premises between the hours of 8:00 a.m.on Sunday and 2:00 a.m.on the following Monday. For the privilege of selling beer on Sunday the beer permit fees of the applicant shall be increased by twenty percent of the regular fees prescribed for the permit pursuant to this section and the privilege shall be noted on the beer permit.[C35, §1921-f117; C39, §1921.119; C46, 50, 54, 58, 62, 66, 71, §124.24; C73, 75, 77, 79, 81, §123.134]84 Acts, ch 1275, §5, 87 Acts, ch 22, §10, 88 Acts, ch 1241, §20, 89 Acts, ch 221, §5, 91 Acts, ch 245, §4, 2010 Acts, ch 1031, §94, 96, 2011 Acts, ch 17, §13, 2016 Acts, ch 1073, §42 – 44, 2017 Acts, ch 119, §29, 30Referred to in 123.34, 123.49, 123.143, 123.150123.135Brewer’s certificate of compliance penalties.1.  A manufacturer, brewer, bottler, importer, or vendor of beer, or any agent thereof, desiring to ship or sell beer, or have beer brought into this state for resale by a class “A” beer permittee, shall first make application for and be issued a brewer’s certificate of compliance by the administrator for that purpose. The certificate of compliance expires at the end of one year from the date of issuance and shall be renewed for a like period upon application to the administrator unless otherwise revoked for cause. Each completed application for a certificate of compliance or renewal of a certificate shall be submitted electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of five hundred dollars payable to the division. Each holder of a certificate of compliance shall furnish the information in a manner the administrator requires.2.  At the time of applying for a certificate of compliance, each applicant shall file with the division a list of all class “A” beer permittees with whom it intends to do business and shall designate the geographic area in which its products are to be distributed by such permittee. The listing of class “A” beer permittees and geographic area as filed with the division shall be amended by the holder of a certificate of compliance as necessary to keep the listing current with the division.3.  All class “A” beer permit holders shall sell only those brands of beer which are manufactured, brewed, bottled, shipped, or imported by a person holding a current certificate of compliance. Any employee or agent working for or representing the holder of a certificate of compliance within this state shall submit electronically, or in a manner prescribed by the administrator, the employee’s or agent’s name and address with the division.4.  It shall be unlawful for any holder of a certificate of compliance or the holder’s agent, or any class “A” beer permit holder or the beer permit holder’s agent, to grant to any retail beer permit holder, directly or indirectly, any rebates, free goods, or quantity discounts on beer which are not uniformly offered to all retail permittees.5.  Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the holder of a brewer’s certificate of compliance or a class “A” beer permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the certificate or permit, or revocation of the certificate or permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.[C73, 75, 77, 79, 81, §123.135]89 Acts, ch 221, §6, 89 Acts, ch 252, §3, 2010 Acts, ch 1031, §95, 96, 2012 Acts, ch 1021, §38, 2013 Acts, ch 35, §12, 2015 Acts, ch 53, §9, 2016 Acts, ch 1073, §45, 2017 Acts, ch 119, §31, 2019 Acts, ch 113, §44, 45Referred to in 123.32
Subsection 1 amended
Subsection 5 stricken and rewritten
123.136Barrel tax.1.  In addition to the annual permit fee to be paid by all class “A” beer permittees under this chapter there shall be levied and collected from the permittees on all beer manufactured for sale or sold in this state at wholesale and on all beer imported into this state for sale at wholesale and sold in this state at wholesale, and from special class “A” beer permittees on all beer manufactured for consumption on the premises and on all beer sold at retail at the manufacturing premises for consumption off the premises pursuant to section 123.130, subsection 4, a tax of five and eighty-nine hundredths dollars for every barrel containing thirty-one gallons, and at a like rate for any other quantity or for the fractional part of a barrel. However, no tax shall be levied or collected on beer shipped outside this state by a class “A” beer permittee or special class “A” beer permittee or on beer sold to a class “A” beer permittee by a special class “A” beer permittee or another class “A” beer permittee.2.  All revenue derived from the barrel tax shall accrue to the state general fund.3.  All of the provisions of this chapter relating to the administration of the barrel tax on beer shall apply to this section.[C35, §1921-f118; C39, §1921.120; C46, 50, 54, 58, 62, 66, 71, §124.25; C73, 75, 77, 79, 81, §123.136]86 Acts, ch 1246, §751, 89 Acts, ch 221, §7, 2015 Acts, ch 53, §10, 2016 Acts, ch 1073, §46, 2017 Acts, ch 119, §32, 2019 Acts, ch 113, §46Referred to in 123.130, 123.137, 123.142
Subsection 1 amended
123.137Report of barrel sales — penalty.1.  A person holding a class “A” or special class “A” beer permit shall, on or before the tenth day of each calendar month commencing on the tenth day of the calendar month following the month in which the person is issued a beer permit, make a report under oath to the division electronically, or in a manner prescribed by the administrator, showing the exact number of barrels of beer, or fractional parts of barrels, sold by the beer permit holder during the preceding calendar month. The report shall also state information the administrator requires, and beer permit holders shall at the time of filing a report pay to the division the amount of tax due at the rate fixed in section 123.136.2.  A penalty of ten percent of the amount of the tax shall be added thereto if the report is not filed and the tax paid within the time required by this section.[C35, §1921-f119; C39, §1921.121; C46, 50, 54, 58, 62, 66, 71, §124.26; C73, 75, 77, 79, 81, §123.137]89 Acts, ch 221, §8, 2013 Acts, ch 35, §13, 2015 Acts, ch 53, §11, 2016 Acts, ch 1073, §47, 2017 Acts, ch 119, §33123.138Records required — keg identification sticker.1.  Each class “A” or special class “A” beer permittee shall keep proper records showing the amount of beer sold by the permittee, and these records shall be at all times open to inspection by the administrator and to other persons pursuant to section 123.30, subsection 1. Each class “B” beer permittee, class “C” beer permittee, or retail liquor control licensee shall keep proper records showing each purchase of beer made by the permittee or licensee, and the date and the amount of each purchase and the name of the person from whom each purchase was made, which records shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the permittee or licensee.2.a.  Each class “B”, “C”, or special class “C” liquor control licensee and class “B” or “C” beer permittee who sells beer for off-premises consumption shall affix to each keg of beer an identification sticker provided by the administrator. The sticker provided shall allow for its full removal when common external keg cleaning procedures are performed. For the purposes of this subsection, “keg” means all durable and disposable containers with a liquid capacity of five gallons or more. Each class “B”, “C”, or special class “C” liquor control licensee and class “B” or “C” beer permittee shall also keep a record of the identification sticker number of each keg of beer sold by the licensee or permittee with the name and address of the purchaser and the number of the purchaser’s driver’s license, nonoperator’s identification card, or military identification card, if the military identification card contains a picture and signature. This information shall be retained by the licensee or permittee for a minimum of ninety days. The records kept pursuant to this subsection shall be available for inspection by any law enforcement officer during normal business hours.b.(1)  The division shall provide the keg identification stickers described in paragraph “a” and shall, prior to utilizing a sticker, notify licensed brewers and licensed beer importers of the type of sticker to be utilized. Each sticker shall contain a number and the following statement: It is unlawful to sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person under legal age. Any person who defaces this sticker shall be guilty of criminal mischief punishable pursuant to section 716.6 and shall cause the forfeiture of any deposit, if applicable.(2)  The identification sticker shall be placed on the keg at the time of retail sale. The licensee or permittee shall purchase the stickers referred to in this subsection from the division and shall remit to the division deposits forfeited pursuant to this lettered paragraph due to defacement. The cost of the stickers to licensees and permittees shall not exceed the division’s cost of producing and distributing the stickers. The moneys collected by the division relating to the sale of stickers and forfeited deposits shall be credited to the beer and liquor control fund.c.  The provisions of this subsection shall be implemented uniformly throughout the state. The provisions of this subsection shall preempt any local county or municipal ordinance regarding keg registration or the sale of beer in kegs. In addition, a county or municipality shall not adopt or continue in effect an ordinance regarding keg registration or the sale of beer in kegs.d.  The division shall establish by rule procedures relating to the forfeiture and remittance of deposits pursuant to paragraph “b”.[C35, §1921-f120; C39, §1921.122; C46, 50, 54, 58, 62, 66, 71, §124.27; C73, 75, 77, 79, 81, §123.138]88 Acts, ch 1241, §21, 89 Acts, ch 221, §9, 2007 Acts, ch 46, §2, 2013 Acts, ch 35, §40, 2014 Acts, ch 1092, §29, 2015 Acts, ch 53, §12, 2016 Acts, ch 1073, §48, 2017 Acts, ch 119, §34Referred to in 123.50123.139Separate locations class “A” or special class “A” beer permit.A class “A” or special class “A” beer permittee having more than one place of business is required to have a separate beer permit for each separate place of business maintained by the permittee where beer is manufactured, stored, warehoused, or sold.[C35, §1921-f121; C39, §1921.123; C46, 50, 54, 58, 62, 66, 71, §124.28; C73, 75, 77, 79, 81, §123.139]89 Acts, ch 221, §10, 2015 Acts, ch 53, §13, 2016 Acts, ch 1073, §49, 2017 Acts, ch 119, §35, 2018 Acts, ch 1060, §65123.140Separate locations class “B” or “C” beer permit.Every person holding a class “B” or class “C” beer permit having more than one place of business where such beer is sold which places do not constitute a single premises within the meaning of section 123.3, subsection 29, shall be required to have a separate license for each separate place of business, except as otherwise provided by this chapter.[C35, §1921-f122; C39, §1921.124; C46, 50, 54, 58, 62, 66, 71, §124.29; C73, 75, 77, 79, 81, §123.140]2016 Acts, ch 1073, §50
Section not amended; internal reference change applied
123.141Keeping liquor where beer is sold.No alcoholic liquor for beverage purposes shall be used, or kept for any purpose in the place of business of class “B” beer permittees, or on the premises of such class “B” beer permittees, at any time. A violation of any provision of this section shall be grounds for suspension or revocation of the beer permit pursuant to section 123.50, subsection 3. This section shall not apply in any manner or in any way to the premises of any hotel or motel for which a class “B” beer permit has been issued, other than that part of such premises regularly used by the hotel or motel for the principal purpose of selling beer or food to the general public, to a premises for which both a class “B” beer permit and a class “A” native distilled spirits license have been issued, or to keep a pharmacy from having alcohol in stock for medicinal and compounding purposes.[C35, §1921-g4; C39, §1921.126; C46, 50, 54, 58, 62, 66, 71, §124.31; C73, 75, 77, 79, 81, §123.141]2011 Acts, ch 17, §14, 2016 Acts, ch 1073, §51, 2017 Acts, ch 29, §40, 2019 Acts, ch 160, §4
Section amended
123.142Unlawful sale and importation.1.  It is unlawful for the holder of a class “B” or class “C” beer permit issued under this chapter to sell beer, except beer brewed on the premises covered by a special class “A” beer permit or beer purchased from a person holding a class “A” beer permit issued in accordance with this chapter, and on which the tax provided in section 123.136 has been paid. However, this section does not apply to class “D” liquor control licensees as provided in this chapter.2.  It shall be unlawful for any person not holding a class “A” beer permit to import beer into this state for the purpose of sale or resale.[C35, §1921-f124; C39, §1921.127; C46, 50, 54, 58, 62, 66, 71, §124.32; C73, 75, 77, 79, 81, §123.142]89 Acts, ch 221, §11, 2011 Acts, ch 17, §15, 2015 Acts, ch 53, §14, 2016 Acts, ch 1073, §52, 2017 Acts, ch 119, §36123.143Distribution of funds.The revenues obtained from permit fees and the barrel tax collected under the provisions of this chapter shall be distributed as follows:1.  All retail beer permit fees collected by any local authority at the time application for the permit is made shall be retained by the local authority. A certified copy of the receipt for the permit fee shall be submitted to the division with the application and the local authority shall be notified at the time the permit is issued. Those amounts collected for the privilege authorized under section 123.134, subsection 4, shall be deposited in the beer and liquor control fund.2.  All permit fees and taxes collected by the division under this subchapter shall accrue to the state general fund, except as otherwise provided.3.  Barrel tax revenues collected on beer manufactured in this state from a class “A” beer permittee which owns and operates a native brewery shall be credited to the barrel tax fund hereby created in the office of the treasurer of state. Moneys deposited in the barrel tax fund shall not revert to the general fund of the state without a specific appropriation by the general assembly. Moneys in the barrel tax fund are appropriated to the economic development authority for purposes of section 15E.117.[C35, §1921-f125; C39, §1921.128; C46, 50, 54, 58, 62, 66, 71, §124.33; C73, 75, 77, 79, 81, §123.143]83 Acts, ch 123, §60, 209, 84 Acts, ch 1312, §7, 85 Acts, ch 198, §2, 87 Acts, ch 95, §1, 2010 Acts, ch 1188, §29, 2011 Acts, ch 118, §85, 89, 2015 Acts, ch 30, §50, 2015 Acts, ch 53, §15, 2016 Acts, ch 1073, §53, 2017 Acts, ch 119, §37, 2019 Acts, ch 113, §47Referred to in 15E.117, 125.59, 331.427
Subsection 3 amended
123.144Bottling beer.Repealed by 2019 Acts, ch 113, §63. See §123.122.123.145Labels on bottles, barrels, etc. conclusive evidence.The label on any bottle, keg, barrel, or other container in which beer is offered for sale in this state, representing the alcoholic content of such beer as being in excess of five percent by weight shall be conclusive evidence as to the alcoholic content of the beer contained therein.[C35, §1921-f128; C39, §1921.133; C46, 50, 54, 58, 62, 66, 71, §124.38; C73, 75, 77, 79, 81, §123.145]2013 Acts, ch 30, §24123.146Importation of beer for personal use.Repealed by 2019 Acts, ch 113, §63. See §123.122.123.147 through 123.149 
SUBCHAPTER IIISPECIAL PROVISIONS123.150Sunday sales before New Year’s Day.Notwithstanding section 123.36, subsection 6, section 123.49, subsection 2, paragraph “b”, and section 123.134, subsection 4, a holder of any class of liquor control license or the holder of a class “B” beer permit may sell or dispense alcoholic liquor, wine, or beer to patrons for consumption on the premises between the hours of 8:00 a.m.on Sunday and 2:00 a.m.on Monday when that Monday is New Year’s Day and beer for consumption off the premises between the hours of 8:00 a.m.on Sunday and 2:00 a.m.on the following Monday when that Sunday is the day before New Year’s Day. The liquor control license fee or beer permit fee of licensees and permittees permitted to sell or dispense liquor, wine, or beer on a Sunday when that Sunday is the day before New Year’s Day shall not be increased because of this privilege. The special privileges granted in this section are in force only during the specified times provided in this section.[C79, 81, §123.150]1985 Acts, ch 195, §15; 1986 Acts, ch 1122, §10; 1991 Acts, ch 245, §5123.151Posting notice on drunk driving laws required.Repealed by 93 Acts, ch 91, §22. 123.152  Reserved.SUBCHAPTER IVWAREHOUSE PROJECT123.153 through 123.162 123.163 through 123.170 SUBCHAPTER VWINE PROVISIONS — CHARITY BEER, SPIRITS, AND WINE AUCTIONS123.171Wine certificate, permit, or license required exceptions for personal use.1.  A person shall not cause the manufacture, importation, or sale of wine in this state unless a certificate or permit as provided in this subchapter, or a liquor control license as provided in subchapter I of this chapter, is first obtained which authorizes that manufacture, importation, or sale.2.  Any person of legal age may manufacture wine for personal use without a class “A” wine permit, subject to the requirements of this subsection. Such wine may be consumed on the premises or removed from the premises where it was manufactured only if the wine is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.3.  Notwithstanding subsection 1, an individual of legal age may import into the state without a certificate, permit, or license an amount of wine not to exceed nine liters per calendar month that the individual personally obtained outside the state or, in the case of wine personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal consumption. Wine imported pursuant to this subsection shall be for personal consumption in a private home or other private accommodation and only if the wine is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.85 Acts, ch 32, §62, 2015 Acts, ch 30, §51, 2016 Acts, ch 1008, §10, 2018 Acts, ch 1096, §5, 6Referred to in 123.10123.172Effect on liquor control licensees.All applicable provisions of this subchapter relating to class “B” wine permits apply to liquor control licensees in the purchasing, storage, handling, serving, and sale of wine.85 Acts, ch 32, §63, 2015 Acts, ch 30, §52123.173Wine permits — classes — authority.1.   Except as provided in section 123.187, permits exclusively for the sale or manufacture and sale of wine shall be divided into four classes, and shall be known as class “A”, “B”, “B” native, or “C” native wine permits.2.  A class “A” wine permit allows the holder to manufacture and sell, or sell at wholesale, in this state, wine. The holder of a class “A” wine permit may manufacture in this state wine having an alcoholic content greater than seventeen percent by weight or twenty-one and twenty-five hundredths percent of alcohol by volume for shipment outside this state. All class “A” premises shall be located within the state. A class “B” or class “B” native wine permit allows the holder to sell wine at retail for consumption off the premises. A class “B” or class “B” native wine permittee who also holds a class “E” liquor control license may sell wine to class “A”, class “B”, class “C”, special class “C”, and class “D” liquor control licensees for resale for consumption on the premises. Such wine sales shall be in quantities of less than one case of any wine brand but not more than one such sale shall be made to the same liquor control licensee in a twenty-four-hour period. A class “B” or class “B” native wine permittee shall not sell wine to other class “B” or class “B” native wine permittees. A class “C” native wine permit allows the holder to sell native wine for consumption on or off the premises.3.  A class “A” wine permittee shall be required to deliver wine to a retail wine permittee, and a retail wine permittee shall be required to accept delivery of wine from a class “A” wine permittee, only at the licensed premises of the retail wine permittee. Except as specifically permitted by the division upon good cause shown, delivery or transfer of wine from an unlicensed premises to a licensed retail wine permittee’s premises, or from one licensed retail wine permittee’s premises to another licensed retail wine permittee’s premises, even if there is common ownership of all of the premises by one retail permittee, is prohibited. A class “B” or class “B” native wine permittee who also holds a class “E” liquor control license shall keep and maintain records for each sale of wine to liquor control licensees showing the name of the establishment to which wine was sold, the date of sale, and the brands and number of bottles sold to the liquor control licensee.4.  When a class “B” or class “B” native wine permittee who also holds a class “E” liquor control license sells wine to a liquor control licensee, the liquor control licensee shall sign a report attesting to the purchase. The class “B” or class “B” native wine permittee who also holds a class “E” liquor control license shall submit a report to the division electronically, or in a manner prescribed by the administrator, not later than the tenth of each month stating each sale of wine to liquor control licensees during the preceding month, the date of each sale, and the brands and numbers of bottles with each sale. A class “B” permittee who holds a class “E” liquor control license may sell to class “A”, class “B”, or class “C” liquor control licensees only if the licensed premises of the liquor control licensee is located within the geographic territory of the class “A” wine permittee from which the wine was originally purchased by the class “B” or class “B” native wine permittee.85 Acts, ch 32, §64, 88 Acts, ch 1241, §22, 91 Acts, ch 203, §2, 3, 2003 Acts, ch 143, §7, 17, 2006 Acts, ch 1032, §2, 2010 Acts, ch 1031, §99, 2013 Acts, ch 35, §14, 2016 Acts, ch 1008, §11, 2018 Acts, ch 1060, §66Referred to in 123.30, 123.176123.173ACharity beer, spirits, and wine auction permit.1.  For purposes of this section, “authorized nonprofit entity” includes a nonprofit entity which has a principal office in the state, a nonprofit corporation organized under chapter 504, or a foreign corporation as defined in section 504.141, whose income is exempt from federal taxation under section 501(c) of the Internal Revenue Code.2.  An authorized nonprofit entity may, upon application to the division and receipt of a charity beer, spirits, and wine auction permit from the division, conduct a charity auction which includes beer, spirits, and wine. The completed application shall specify the date and time when the charity beer, spirits, and wine auction is to be conducted and the premises in this state where the charity beer, spirits, and wine auction is to be physically conducted. The applicant shall certify that the objective of the charity beer, spirits, and wine auction is to raise funds solely to be used for educational, religious, or charitable purposes and that the entire proceeds from the charity beer, spirits, and wine auction are to be expended for any of the purposes described in section 423.3, subsection 78.3.  An authorized nonprofit entity shall be eligible to receive only two charity beer, spirits, and wine auction permits during a calendar year and each charity beer, spirits, and wine auction permit shall be valid for a period not to exceed thirty-six consecutive hours.4.  The authorized nonprofit entity conducting the charity beer, spirits, and wine auction shall obtain the beer, spirits, and wine to be auctioned at the charity beer, spirits, and wine auction from an Iowa retail beer permittee, an Iowa retail liquor control licensee, or an Iowa retail wine permittee, or may receive donations of beer, spirits, or wine to be auctioned at the charity beer, spirits, and wine auction from persons who purchased the donated beer, spirits, or wine from an Iowa retail beer permittee, an Iowa retail liquor control licensee, an Iowa class “A” native distilled spirits licensee, or an Iowa retail wine permittee and who present a receipt documenting the purchase at the time the beer, spirits, or wine is donated. The authorized nonprofit entity conducting the charity beer, spirits, and wine auction shall retain a copy of the receipt for a period of one year from the date of the charity beer, spirits, and wine auction.5.  Persons shall be physically present at the charity beer, spirits, and wine auction to be eligible to bid on beer, spirits, and wine sold at the charity auction.6.  The beer, spirits, and wine sold at the charity beer, spirits, and wine auction shall be in original containers for consumption off of the premises where the charity beer, spirits, and wine auction is conducted. No other alcoholic beverage may be sold by the charity beer, spirits, and wine auction permittee at the charity beer, spirits, and wine auction. A purchaser of beer, spirits, or wine at a charity beer, spirits, and wine auction shall not take possession of the beer, spirits, or wine until the person is leaving the event. A purchaser of beer, spirits, or wine at a charity beer, spirits, and wine auction shall not open the container or consume or permit the consumption of the beer, spirits, or wine purchased on the premises where the charity beer, spirits, and wine auction is conducted. A purchaser of beer, spirits, or wine at a charity beer, spirits, and wine auction shall not resell the beer, spirits, or wine.7.  A liquor control licensee, beer permittee, class “A” native distilled spirits licensee, or wine permittee shall not purchase beer, spirits, or wine at a charity beer, spirits, and wine auction. The charity beer, spirits, and wine auction may be conducted on a premises for which a class “B” liquor control license or class “C” liquor control license has been issued, provided that the liquor control licensee does not participate in the charity beer, spirits, and wine auction, supply beer, spirits, or wine to be auctioned at the charity beer, spirits, and wine auction, or receive any of the proceeds of the charity beer, spirits, and wine auction.8.  Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the permit, or revocation of the permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.2010 Acts, ch 1031, §85, 2013 Acts, ch 51, §1, 2017 Acts, ch 119, §47, 2019 Acts, ch 113, §48, 49Referred to in 123.32
Subsection 2 amended
NEW subsection 8
123.174Issuance of wine permits.The administrator shall issue wine permits as provided in this chapter, and may suspend or revoke a wine permit for cause as provided in this chapter.1985 Acts, ch 32, §65; 2003 Acts, ch 143, §8,17123.175Class “A” or retail wine permit application and issuance.1.  A person applying for a class “A” or retail wine permit shall submit a completed application electronically, or in a manner prescribed by the administrator, which shall set forth under oath the following:a.  The name and place of residence of the applicant.b.  The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.c.  The location of the premises where the applicant intends to operate.d.  The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.e.  When required by the administrator, and in such form and containing such information as the administrator may require, a description of the premises where the applicant intends to use the permit, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.f.  Whether any person specified in paragraph “b” has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.g.  Any other information as required by the administrator.2.  The administrator shall issue a class “A” or retail wine permit to any applicant who establishes all of the following:a.  That the applicant has submitted a completed application as required by subsection 1.b.  That the applicant is a person of good moral character as provided in section 123.3, subsection 40.c.  That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.d.  That, in the case of a class “A” wine permit, the applicant has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all the laws, rules, and regulations governing the manufacture and sale of wine.e.  That the premises where the applicant intends to use the permit conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.f.  That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.g.  That the applicant has submitted, in the case of a class “A” wine permit, a bond in the amount of five thousand dollars in a manner prescribed by the administrator with good and sufficient sureties to be approved by the division conditioned upon compliance with this chapter.85 Acts, ch 32, §66, 88 Acts, ch 1241, §23, 2003 Acts, ch 143, §9, 17, 2013 Acts, ch 35, §15, 16, 2017 Acts, ch 119, §13, 2018 Acts, ch 1060, §67, 2019 Acts, ch 113, §50, 51Referred to in 123.32, 123.187
Subsection 1, unnumbered paragraph 1 amended
Subsection 1, paragraph b amended
123.176Native wines.1.  Subject to rules of the division, manufacturers of native wines from grapes, cherries, other fruits or other fruit juices, vegetables, vegetable juices, dandelions, clover, honey, or any combination of these ingredients, holding a class “A” wine permit as required by this chapter, may sell, keep, or offer for sale and deliver the wine. Notwithstanding section 123.24, subsection 2, paragraph “b”, or any other provision of this chapter, manufacturers of native wine may obtain and possess grape brandy from the division for the sole purpose of manufacturing wine.2.  Native wine may be sold at retail for off-premises consumption when sold on the premises of the manufacturer, or in a retail establishment operated by the manufacturer. Sales may also be made to class “A” or retail wine permittees or liquor control licensees as authorized by sections 123.173 and 123.177. A manufacturer of native wines shall not sell the wines other than as permitted in this chapter and shall not allow wine sold to be consumed upon the premises of the manufacturer. However, prior to sale, native wines may be tasted pursuant to the rules of the division on the premises where made, when no charge is made for the tasting. 3.  A manufacturer of native wines may ship wine in closed containers to individual purchasers inside this state by obtaining a wine direct shipper permit pursuant to section 123.187.4.  A class “A” wine permit issued for a native wine manufacturer shall only allow the native wine manufacturer to sell, keep, or offer for sale and deliver the manufacturer’s native wines as provided under this section.5.  Notwithstanding any other provision of this chapter, a person engaged in the business of manufacturing native wine may sell native wine at retail for consumption on the premises of the manufacturing facility by applying for a class “C” native wine permit as provided in section 123.178B. A manufacturer of native wine may be granted not more than one class “C” native wine permit. A manufacturer of native wine may be issued a class “C” native wine permit regardless of whether the manufacturer is also a manufacturer of beer pursuant to a class “A” beer permit or a manufacturer of native distilled spirits pursuant to a class “A” native distilled spirits license.6.  Notwithstanding any other provision of this chapter, a person employed by a manufacturer of native wine holding a class “A” wine permit may be employed by a brewery with a class “A” beer permit provided the person has no ownership interest in either licensed premises.7.  A manufacturer may use the space and equipment of another manufacturer for the purpose of manufacturing native wine, provided that such an alternating proprietorship arrangement is approved by the alcohol and tobacco tax and trade bureau of the United States department of the treasury. A separate class “A” wine permit shall be issued to each manufacturer, and each manufacturer shall be subject to the provisions of this chapter and the rules of the division. Notwithstanding subsection 5, not more than one class “C” native wine permit shall be issued to a premises with alternating proprietorships.8.  A manufacturer of native wines shall file with the division, on or before the fifteenth day of each calendar month, all documents filed with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all wine premises operations and excise tax return reports.9.  For the purposes of this section, “manufacturer” includes only those persons who process in Iowa the fruit, vegetables, dandelions, clover, honey, or any combination of these ingredients, by fermentation into wines.[C35, §1921-f56; C39, §1921.056; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.56]85 Acts, ch 32, §49, 85 Acts, ch 198, §1, 2003 Acts, ch 143, §4, 5, 17, 2009 Acts, ch 73, §1, 2011 Acts, ch 17, §11, 2011 Acts, ch 30, §8, 2015 Acts, ch 53, §2, 2016 Acts, ch 1008, §8, 2017 Acts, ch 119, §46, 2018 Acts, ch 1060, §41, 2019 Acts, ch 113, §33 – 35, 62, 2019 Acts, ch 160, §3123.176Referred to in 123.3
Former §123.176 repealed by 2003 Acts, ch 143, §15, 17
See Code editor’s note on simple harmonization at the end of Vol VI
Section transferred from §123.56 in Code 2020 pursuant to directive in 2019 Acts, ch 113, §62
Subsections 1, 4, and 5 amended
NEW subsection 8 and former subsection 8 renumbered as 9
123.177Authority under class “A” wine permit.1.  A person holding a class “A” wine permit may manufacture and sell, or sell at wholesale, wine for consumption off the premises. Sales within the state may be made only to persons holding a class “A” or “B” wine permit and to persons holding a retail liquor control license. However, if the person holding the class “A” permit is a manufacturer of native wine, the person may sell only native wine to a person holding a retail wine permit or a retail liquor control license. A person holding a class “A” wine permit may sell wine to distributors outside of the state that are authorized by the laws of that jurisdiction to sell wine at wholesale. A class “A” wine permittee having more than one place of business shall obtain a separate permit for each place of business where wine is to be manufactured, stored, warehoused, or sold.2.  A class “A” wine permit holder may purchase and resell only those brands of wine which are manufactured, fermented, bottled, shipped, or imported by a person holding a certificate of compliance issued pursuant to section 123.180.3.  A class “A” wine permit holder may sell wine to a person holding both a class “B” beer permit and a class “A” beer permit pursuant to section 123.131, subsection 4.85 Acts, ch 32, §68, 88 Acts, ch 1241, §25, 93 Acts, ch 91, §21, 2003 Acts, ch 143, §10, 17, 2017 Acts, ch 119, §14, 2018 Acts, ch 1060, §68, 2019 Acts, ch 113, §52Referred to in 123.30, 123.176
Subsection 1 amended
123.178Authority under class “B” wine permit.1.  A person holding a class “B” wine permit may sell wine at retail for consumption off the premises. Wine shall be sold for consumption off the premises in original containers only.2.  A class “B” wine permittee having more than one place of business where wine is sold shall obtain a separate permit for each place of business.3.  A person holding a class “B” wine permit may purchase wine for resale only from a person holding a class “A” wine permit.1985 Acts, ch 32, §69; 1986 Acts, ch 1246, §752123.178AAuthority under class “B” native wine permit.1.  A person holding a class “B” native wine permit may sell native wine only at retail for consumption off the premises. Native wine shall be sold for consumption off the premises in original containers only.2.  A class “B” native wine permittee having more than one place of business where wine is sold shall obtain a separate permit for each place of business.3.  A person holding a class “B” native wine permit may purchase wine for resale only from a native winery holding a class “A” wine permit.2003 Acts, ch 143, §11,17123.178BAuthority under class “C” native wine permit.1.  A person holding a class “C” native wine permit may sell native wine only at retail for consumption on or off the premises.2.  A class “C” native wine permittee having more than one place of business where wine is sold and served shall obtain a separate permit for each place of business.3.  A person holding a class “C” native wine permit may purchase wine for resale only from a native winery holding a class “A” wine permit.4.  A person holding a class “C” native wine permit and a class “A” wine permit whose primary purpose is manufacturing native wine may purchase beer from a wholesaler holding a class “A” beer permit for sale at retail for consumption on or off the premises covered by the class “C” native wine permit.2003 Acts, ch 143, §12, 17, 2009 Acts, ch 104, §1, 2017 Acts, ch 119, §15Referred to in 123.130, 123.176123.179Permit fees.1.  The annual permit fee for a class “A” wine permit that is not issued to a native wine manufacturer is seven hundred fifty dollars.2.  The annual permit fee for a class “A” wine permit issued to a native wine manufacturer is twenty-five dollars.3.  The annual permit fee for a class “B” wine permit is five hundred dollars.4.  The annual permit fee for a class “B” native wine permit is twenty-five dollars.5.  The annual permit fee for a class “C” native wine permit is twenty-five dollars.6.  The fee for a charity beer, spirits, and wine auction permit is one hundred dollars.85 Acts, ch 32, §70, 2003 Acts, ch 143, §13, 17, 2010 Acts, ch 1031, §86, 2013 Acts, ch 51, §2, 2019 Acts, ch 113, §53, 54Referred to in 123.34
Subsection 1 amended
NEW subsection 2 and former subsections 2 5 renumbered as 3 6
123.180Vintner’s certificate of compliance — wholesale and retail restrictions — penalties.1.  A manufacturer, vintner, bottler, importer, or vendor of wine, or an agent thereof, desiring to ship, sell, or have wine brought into this state for sale at wholesale by a class “A” permittee shall first make application for and shall be issued a vintner’s certificate of compliance by the administrator for that purpose. The vintner’s certificate of compliance shall expire at the end of one year from the date of issuance and shall be renewed for a like period upon application to the administrator unless otherwise revoked for cause. Each completed application for a vintner’s certificate of compliance or renewal of a certificate shall be submitted electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of one hundred dollars payable to the division. Each holder of a vintner’s certificate of compliance shall furnish the information required by the administrator in the form the administrator requires. A vintner or wine bottler whose plant is located in Iowa and who otherwise holds a class “A” wine permit to sell wine at wholesale is exempt from the fee, but not the other terms and conditions. The holder of a vintner’s certificate of compliance may also hold a class “A” wine permit.2.  At the time of applying for a vintner’s certificate of compliance, each applicant shall file with the division a list of all class “A” wine permittees with whom it intends to do business. The listing of class “A” wine permittees as filed with the division shall be amended by the holder of the certificate of compliance as necessary to keep the listing current with the division.3.  All class “A” wine permit holders shall sell only those brands of wine which are manufactured, bottled, fermented, shipped, or imported by a person holding a current vintner’s certificate of compliance. An employee or agent working for or representing the holder of a vintner’s certificate of compliance within this state shall register the employee’s or agent’s name and address with the division. These names and addresses shall be filed with the division’s copy of the certificate of compliance issued except that this provision does not require the listing of those persons who are employed on the premises of a bottling plant, or winery where wine is manufactured, fermented, or bottled in Iowa or the listing of those persons who are thereafter engaged in the transporting of the wine.4.  It is unlawful for a holder of a vintner’s certificate of compliance or the holder’s agent, or any class “A” wine permittee or the permittee’s agent, to discriminate between class “B” wine permittees authorized to sell wine at retail.5.  It is unlawful for a holder of a vintner’s certificate of compliance or the vintner’s agent who is engaged in the business of selling wine to class “A” wine permittees to discriminate between class “A” wine permittees authorized to sell wine at wholesale.6.  Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the holder of a vintner’s certificate of compliance or a class “A” wine permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the certificate or permit, or revocation of the certificate or permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.85 Acts, ch 32, §71, 89 Acts, ch 161, §8, 89 Acts, ch 252, §4, 2012 Acts, ch 1021, §39, 2013 Acts, ch 35, §17, 2015 Acts, ch 53, §16, 2017 Acts, ch 119, §16, 2019 Acts, ch 113, §55, 56Referred to in 123.32, 123.177
Subsection 1 amended
Subsection 6 stricken and rewritten
123.181Prohibited acts.1.  A holder of any class “B” wine permit shall not sell wine except wine which is purchased from a person holding a class “A” wine permit and on which the tax imposed by section 123.183 has been paid or wine purchased from a manufacturer of native wines.2.  A class “A” wine permittee shall not sell wine on credit to a retail licensee or permittee for a period exceeding thirty days from date of delivery.85 Acts, ch 32, §72, 89 Acts, ch 252, §5, 2018 Acts, ch 1060, §69123.182Labels — point of origin — conclusive evidence.1.  All imported bulk wines to be bottled and distributed in the state shall have the point of origin stated on the label. The print size for the point of origin shall be at least half the print size of the brand name on the label.2.  The label on a bottle or other container in which wine is offered for sale in this state, which label represents the alcoholic content of the wine as being in excess of seventeen percent by weight or twenty-one and twenty-five hundredths percent of alcohol by volume, is conclusive evidence of the alcoholic content of that wine.1985 Acts, ch 32, §73; 2006 Acts, ch 1032, §3123.183Wine gallonage tax and related funds.1.  In addition to the annual permit fee to be paid by each class “A” wine permittee, a wine gallonage tax shall be levied and collected from each class “A” wine permittee on all wine manufactured for sale and sold in this state at wholesale and on all wine imported into this state for sale at wholesale and sold in this state at wholesale. A wine gallonage tax shall also be levied and collected on the direct shipment of wine pursuant to section 123.187. The rate of the wine gallonage tax is one dollar and seventy-five cents for each wine gallon. The same rate shall apply for the fractional parts of a wine gallon. The wine gallonage tax shall not be levied or collected on wine sold by one class “A” wine permittee to another class “A” wine permittee or on wine that is sold by a class “A” wine permittee to a distributor outside of the state.2.a.  Revenue collected from the wine gallonage tax on wine manufactured for sale and sold at wholesale in this state, and on wine subject to direct shipment as provided in section 123.187 by a wine manufacturer licensed or permitted pursuant to laws regulating alcoholic beverages in this state, shall be deposited in the wine gallonage tax fund as created in this section.b.(1)  A wine gallonage tax fund is created in the office of the treasurer of state.(2)  Moneys deposited in the fund are appropriated as follows:(a)  To the midwest grape and wine industry institute at Iowa state university of science and technology, two hundred fifty thousand dollars.(b)  To the economic development authority for purposes of section 15E.117, the balance of moneys in the fund after the appropriation in subparagraph division (a).(3)  Moneys in the fund and moneys appropriated from the fund pursuant to subparagraph (2) are not subject to reversion under section 8.33.3.  The revenue collected from the wine gallonage tax on wine imported into this state for sale at wholesale and sold in this state at wholesale, and on wine subject to direct shipment as provided in section 123.187 by a wine manufacturer licensed or permitted pursuant to laws regulating alcoholic beverages in another state, shall be deposited in the beer and liquor control fund created in section 123.17.85 Acts, ch 32, §74, 85 Acts, ch 198, §4, 5, 86 Acts, ch 1246, §753, 87 Acts, ch 95, §2, 2001 Acts, ch 162, §1, 2002 Acts, ch 1050, §15, 2003 Acts, ch 143, §14, 17, 2005 Acts, ch 113, §1, 2007 Acts, ch 211, §41, 2010 Acts, ch 1193, §164, 2011 Acts, ch 118, §85, 89, 2011 Acts, ch 130, §29, 71, 2012 Acts, ch 1136, §26, 2017 Acts, ch 119, §17, 2019 Acts, ch 113, §57Referred to in 15E.117, 123.181, 123.184, 123.187
Subsection 1 amended
123.184Report of gallonage sales penalty.1.  Each class “A” wine permit holder on or before the tenth day of each calendar month commencing on the tenth day of the calendar month following the month in which the person is issued a permit, shall make a report under oath to the division electronically, or in a manner prescribed by the administrator, showing the exact number of gallons of wine and fractional parts of gallons sold by that permit holder during the preceding calendar month. The report also shall state whatever reasonable additional information the administrator requires. The permit holder at the time of filing this report shall pay to the division the amount of tax due at the rate fixed in section 123.183. A penalty of ten percent of the amount of the tax shall be assessed and collected if the report required to be filed pursuant to this subsection is not filed and the tax paid within the time required by this subsection.2.  Each wine direct shipper license holder shall make a report under oath to the division electronically, or in a manner prescribed by the administrator, on or before the tenth day of the calendar months of June and December, showing the exact number of gallons of wine and fractional parts of gallons sold and shipped pursuant to section 123.187 during the preceding six-month calendar period. The report shall also state whatever reasonable additional information the administrator requires. The license holder at the time of filing this report shall pay to the division the amount of tax due at the rate fixed in section 123.183. A penalty of ten percent of this amount shall be assessed and collected if the report required to be filed pursuant to this subsection is not filed and the tax paid within the time required by this subsection.85 Acts, ch 32, §75, 2013 Acts, ch 35, §18, 2015 Acts, ch 104, §1Referred to in 123.187123.185Records required.Each class “A” wine permittee shall keep records showing each sale of wine, which shall be at all times open to inspection by the administrator and pursuant to section 123.30, subsection 1. Each class “B” wine permittee shall keep proper records showing each purchase of wine and the date and the amount of each purchase and the name of the person from whom each purchase was made, which shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the permittee.85 Acts, ch 32, §76, 88 Acts, ch 1241, §26, 2013 Acts, ch 35, §42123.186Federal regulations adopted as rules penalties.1.  The division shall adopt as rules the substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R. pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.2.  The division shall adopt as rules the substance of 27 C.F.R. §6.88, to permit a manufacturer of alcoholic beverages, wine, or beer, or an agent of such manufacturer, to provide to a retailer without charge wine and beer coil cleaning services, including carbon dioxide filters and other necessary accessories to properly clean the coil and affix carbon dioxide filters. The rules shall provide that the manufacturer shall be responsible for paying the costs of any filters provided.3.  A licensee or permittee who permits or assents to or is a party in any way to a violation or infringement of a rule adopted pursuant to this section is guilty of a violation of this section. A violation of this section shall subject the licensee or permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the license or permit pursuant to section 123.39.85 Acts, ch 32, §77, 2006 Acts, ch 1061, §1, 2007 Acts, ch 22, §36, 2018 Acts, ch 1060, §70, 2019 Acts, ch 113, §58
Subsection 1 amended
123.187Direct shipment of wine permit and requirements.1.  A wine manufacturer licensed or permitted pursuant to laws regulating alcoholic beverages in this state or another state may apply for a wine direct shipper permit, as provided in this section. For the purposes of this section, a “wine manufacturer” means a person who processes the fruit, vegetables, dandelions, clover, honey, or any combination of these ingredients, by fermentation into wines.2.a.  Only a wine manufacturer that holds a wine direct shipper permit issued pursuant to this section shall sell wine at retail for direct shipment to any person within this state. This section shall not prohibit an authorized retail licensee or permittee from delivering wine pursuant to section 123.46A.b.  A wine manufacturer applying for a wine direct shipper permit shall submit an application for the permit electronically, or in a manner prescribed by the administrator, accompanied by a true copy of the manufacturer’s current alcoholic beverage license or permit issued by the state where the manufacturer is primarily located and a copy of the manufacturer’s basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury.c.  An application submitted pursuant to paragraph “b” shall be accompanied by a permit fee in the amount of twenty-five dollars.d.  An application submitted pursuant to paragraph “a” shall also be accompanied by a bond in the amount of five thousand dollars in the form prescribed and furnished by the division with good and sufficient sureties to be approved by the division conditioned upon compliance with this chapter. However, a wine manufacturer that has submitted a bond pursuant to section 123.175, subsection 2, paragraph “g”, shall not be required to provide a bond as provided in this paragraph.e.  A permit issued pursuant to this section may be renewed annually by submitting a renewal application with the administrator in a manner prescribed by the administrator, accompanied by the twenty-five dollar permit fee.3.  The direct shipment of wine pursuant to this section shall be subject to the following requirements and restrictions:a.  Wine shall only be shipped to a resident of this state who is at least twenty-one years of age, for the resident’s personal use and consumption and not for resale.b.  Wine subject to direct shipping shall be properly registered with the federal alcohol and tobacco tax and trade bureau, and fermented on the winery premises of the wine direct shipper permittee.c.  All containers of wine shipped directly to a resident of this state shall be conspicuously labeled with the words “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY” or shall be conspicuously labeled with alternative wording preapproved by the administrator.d.  All containers of wine shipped directly to a resident of this state shall be shipped by a holder of a wine carrier permit as provided in section 123.188.e.  Shipment of wine pursuant to this subsection does not require a refund value for beverage container control purposes under chapter 455C.4.  A wine direct shipper permittee shall remit to the division an amount equivalent to the wine gallonage tax on wine subject to direct shipment at the rate specified in section 123.183 for deposit as provided in section 123.183, subsections 2 and 3. The amount shall be remitted at the time and in the manner provided in section 123.184, subsection 2, and the ten percent penalty specified therein shall be applicable.5.  A wine direct shipper permittee shall be deemed to have consented to the jurisdiction of the division or any other agency or court in this state concerning enforcement of this section and any related laws, rules, or regulations. A permit holder shall allow the division to perform an audit of shipping records upon request.6.  A violation of this section shall subject the permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the permit pursuant to section 123.39.96 Acts, ch 1101, §1, Acts, ch , §, 2010 Acts, ch 1031, §100, 2010 Acts, ch 1193, §165, 2013 Acts, ch 35, §19, 2015 Acts, ch 11, §1, 2015 Acts, ch 104, §2, 2017 Acts, ch 119, §18, 2018 Acts, ch 1060, §71, 2019 Acts, ch 113, §59, 60Referred to in 123.32, 123.46A, 123.173, 123.176, 123.183, 123.184, 123.188
Subsection 3, paragraph d amended
Subsection 6 stricken and former subsection 7 renumbered as 6
123.188Wine carrier permit and requirements.1.  A person desiring to deliver wine subject to direct shipment within this state pursuant to section 123.187 shall submit an application for a wine carrier permit electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee in the amount of one hundred dollars.2.  The administrator may in accordance with this chapter issue a wine carrier permit which shall be valid for one year from the date of issuance unless it is sooner suspended or revoked for a violation of this chapter.3.  A permit issued pursuant to this section may be renewed annually by submitting a renewal application with the administrator in a manner prescribed by the administrator, accompanied by the one hundred dollar permit fee.4.  The delivery of wine pursuant to this section shall be subject to the following requirements and restrictions:a.  A wine carrier permittee shall not deliver wine to any person under twenty-one years of age, or to any person who either is or appears to be in an intoxicated state or condition.b.  A wine carrier permittee shall obtain valid proof of identity and age prior to delivery, and shall obtain the signature of an adult as a condition of delivery.c.  A wine carrier permittee shall maintain records of wine shipped which include the permit number and name of the wine manufacturer, quantity of wine shipped, recipient’s name and address, and an electronic or paper form of signature from the recipient of the wine. Records shall be submitted to the division on a monthly basis in a form and manner to be determined by the division.5.  A violation of this section shall subject the permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the permit pursuant to section 123.39.2019 Acts, ch 113, §61Referred to in 123.32, 123.187
NEW section