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House File 2379 - IntroducedA Bill ForAn Act 1relating to alcoholic beverage control concerning the
2sale of beer and liquor for resale.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.22, subsection 1, Code 2022, is
2amended to read as follows:
31. The division has the exclusive right of importation
4into the state of all forms of alcoholic liquor, except as
5otherwise provided in this chapter, and a person shall not
6import alcoholic liquor, except that an individual of legal age
7may import and have in the individual’s possession an amount of
8alcoholic liquor not exceeding nine liters per calendar month
9that the individual personally obtained outside the state.
10Alcoholic liquor imported by an individual pursuant to this
11subsection shall be for personal consumption only in a private
12home or other private accommodation. A distillery shall not
13sell alcoholic liquor within the state to any person but only
14to the division, except as otherwise provided in this chapter.
15This section vests in the division exclusive control within the
16state as purchaser of all alcoholic liquor sold by distilleries
17within the state or imported, except beer and wine, and except
18as otherwise provided in this chapter. The division shall
19receive alcoholic liquor on a bailment system for resale by the
20division in the manner set forth in this chapter. The division
21shall act as the sole wholesaler of alcoholic liquor to class
22“E” liquor control licensees.
23 Sec. 2. Section 123.30, subsection 3, paragraphs a and b,
24Code 2022, are amended to read as follows:
25a. Class “A”. A class “A” liquor control license may be
26issued to a club and shall authorize the holder to purchase
27alcoholic liquors in original unopened containers from class
28“E” liquor control licensees or the division only, wine from
29class “A” wine permittees or class “B” wine permittees who also
30hold class “E” liquor control licenses only as provided in
31sections 123.173 and 123.177, and to sell alcoholic beverages
32to bona fide members and their guests by the individual drink
33for consumption on the premises only.
34b. Class “B”. A class “B” liquor control license may be
35issued to a hotel or motel and shall authorize the holder to
-1-1purchase alcoholic liquors in original unopened containers from
2class “E” liquor control licensees or the division only, wine
3from class “A” wine permittees or class “B” wine permittees who
4also hold class “E” liquor control licenses only as provided in
5sections 123.173 and 123.177, and to sell alcoholic beverages
6to patrons by the individual drink for consumption on the
7premises only. However, beer may also be sold for consumption
8off the premises. Each license shall be effective throughout
9the premises described in the application.
10 Sec. 3. Section 123.30, subsection 3, paragraph c,
11subparagraphs (1) and (2), Code 2022, are amended to read as
12follows:
13(1) A class “C” liquor control license may be issued to
14a commercial establishment but must be issued in the name of
15the individuals who actually own the entire business and shall
16authorize the holder to purchase alcoholic liquors in original
17unopened containers from class “E” liquor control licensees or
18the division only, wine from class “A” wine permittees or class
19“B” wine permittees who also hold class “E” liquor control
20licenses only as provided in sections 123.173 and 123.177, beer
21from a class “A” beer permittee or a class “C” beer permittee
22who also holds a class “E” liquor control license as provided
23in section 123.132, and to sell alcoholic beverages to patrons
24by the individual drink for consumption on the premises only.
25However, alcoholic liquor, wine, and beer in original unopened
26containers may also be sold for consumption off the premises.
27In addition, mixed drinks or cocktails may also be sold for
28consumption off the premises subject to the requirements of
29section 123.49, subsection 2, paragraph “d”. The holder of a
30class “C” liquor control license may also hold a special class
31“A” beer permit for the premises licensed under a class “C”
32liquor control license for the purpose of operating a brewpub
33pursuant to this chapter.
34(2) A special class “C” liquor control license may be issued
35to a commercial establishment and shall authorize the holder
-2-1to purchase wine from class “A” wine permittees or class “B”
2wine permittees who also hold class “E” liquor control licenses
3only as provided in sections 123.173 and 123.177, beer from a
4class “A” beer permittee or a class “C” beer permittee who also
5holds a class “E” liquor control license as provided in section
6123.132, and to sell wine and beer to patrons by the individual
7drink for consumption on the premises only. However, beer may
8also be sold for consumption off the premises. The license
9issued to holders of a special class “C” liquor control license
10shall clearly state on its face that the license is limited.
11 Sec. 4. Section 123.131, subsection 1, Code 2022, is amended
12to read as follows:
131. Subject to the provisions of this chapter, any person
14holding a class “B” beer permit shall be authorized to sell
15beer for consumption on or off the premises. A holder of
16a class “B” beer permit shall be authorized to purchase
17beer from a class “A” beer permittee or a class “C” beer
18permittee who also holds a class “E” liquor control license as
19provided in section 123.132. Sales of beer for consumption
20off the premises made pursuant to this section shall be made
21in original containers except as provided in subsection 2.
22However, unless otherwise provided in this chapter, no sale
23of beer shall be made for consumption on the premises unless
24the place where such service is made is equipped with tables
25and seats sufficient to accommodate not less than twenty-five
26persons at one time.
27 Sec. 5. Section 123.132, subsection 4, Code 2022, is amended
28to read as follows:
294. The holder of a class “C” beer permit or the permittee’s
30agents or employees shall not sell beer to other retail license
31or permit holders knowing or having reasonable cause to believe
32that the beer will be resold in another licensed establishment.
33However, a holder of a class “C” beer permit who also holds a
34class “E” liquor control license may sell beer to class “B”
35permittees, and class “C” and special class “C” liquor control
-3-1licensees, for resale for consumption on the premises. Beer
2sales shall be in quantities in a twenty-four-hour period as
3determined by the division.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill concerns alcoholic beverage control relating
8to the sale of alcoholic liquor by the alcoholic beverages
9division of the department of commerce and the sale of beer for
10resale by a class “C” beer permittee who also holds a class “E”
11liquor control license.
12Code section 123.22, concerning the state monopoly regarding
13alcoholic liquor, is amended to allow the alcoholic beverages
14division to be the sole wholesaler of alcoholic liquor to all
15liquor control licensees, not just class “E” liquor control
16licensees. Code section 123.30, concerning liquor control
17licenses, is amended to allow this purchase of alcoholic liquor
18from the alcoholic beverages division.
19Code section 123.132, concerning the authority of a class
20“C” beer permit, is amended to allow a holder of a class “C”
21beer permit who also holds a class “E” liquor control license
22to sell beer to class “B” permittees, and class “C” and special
23class “C” liquor control licensees, for resale for consumption
24on the premises in such quantities in a 24-hour period as the
25alcoholic beverages division determines. Code section 123.30,
26concerning class “C” and special class “C” liquor control
27licensees, and Code section 123.131, concerning class “B” beer
28permittees, are amended to allow for the purchase of beer from
29a holder of a class “C” beer permit who also holds a class “E”
30liquor control license.
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2sale of beer and liquor for resale.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.22, subsection 1, Code 2022, is
2amended to read as follows:
31. The division has the exclusive right of importation
4into the state of all forms of alcoholic liquor, except as
5otherwise provided in this chapter, and a person shall not
6import alcoholic liquor, except that an individual of legal age
7may import and have in the individual’s possession an amount of
8alcoholic liquor not exceeding nine liters per calendar month
9that the individual personally obtained outside the state.
10Alcoholic liquor imported by an individual pursuant to this
11subsection shall be for personal consumption only in a private
12home or other private accommodation. A distillery shall not
13sell alcoholic liquor within the state to any person but only
14to the division, except as otherwise provided in this chapter.
15This section vests in the division exclusive control within the
16state as purchaser of all alcoholic liquor sold by distilleries
17within the state or imported, except beer and wine, and except
18as otherwise provided in this chapter. The division shall
19receive alcoholic liquor on a bailment system for resale by the
20division in the manner set forth in this chapter. The division
21shall act as the sole wholesaler of alcoholic liquor to class
22“E” liquor control licensees.
23 Sec. 2. Section 123.30, subsection 3, paragraphs a and b,
24Code 2022, are amended to read as follows:
25a. Class “A”. A class “A” liquor control license may be
26issued to a club and shall authorize the holder to purchase
27alcoholic liquors in original unopened containers from class
28“E” liquor control licensees or the division only, wine from
29class “A” wine permittees or class “B” wine permittees who also
30hold class “E” liquor control licenses only as provided in
31sections 123.173 and 123.177, and to sell alcoholic beverages
32to bona fide members and their guests by the individual drink
33for consumption on the premises only.
34b. Class “B”. A class “B” liquor control license may be
35issued to a hotel or motel and shall authorize the holder to
-1-1purchase alcoholic liquors in original unopened containers from
2class “E” liquor control licensees or the division only, wine
3from class “A” wine permittees or class “B” wine permittees who
4also hold class “E” liquor control licenses only as provided in
5sections 123.173 and 123.177, and to sell alcoholic beverages
6to patrons by the individual drink for consumption on the
7premises only. However, beer may also be sold for consumption
8off the premises. Each license shall be effective throughout
9the premises described in the application.
10 Sec. 3. Section 123.30, subsection 3, paragraph c,
11subparagraphs (1) and (2), Code 2022, are amended to read as
12follows:
13(1) A class “C” liquor control license may be issued to
14a commercial establishment but must be issued in the name of
15the individuals who actually own the entire business and shall
16authorize the holder to purchase alcoholic liquors in original
17unopened containers from class “E” liquor control licensees or
18the division only, wine from class “A” wine permittees or class
19“B” wine permittees who also hold class “E” liquor control
20licenses only as provided in sections 123.173 and 123.177, beer
21from a class “A” beer permittee or a class “C” beer permittee
22who also holds a class “E” liquor control license as provided
23in section 123.132, and to sell alcoholic beverages to patrons
24by the individual drink for consumption on the premises only.
25However, alcoholic liquor, wine, and beer in original unopened
26containers may also be sold for consumption off the premises.
27In addition, mixed drinks or cocktails may also be sold for
28consumption off the premises subject to the requirements of
29section 123.49, subsection 2, paragraph “d”. The holder of a
30class “C” liquor control license may also hold a special class
31“A” beer permit for the premises licensed under a class “C”
32liquor control license for the purpose of operating a brewpub
33pursuant to this chapter.
34(2) A special class “C” liquor control license may be issued
35to a commercial establishment and shall authorize the holder
-2-1to purchase wine from class “A” wine permittees or class “B”
2wine permittees who also hold class “E” liquor control licenses
3only as provided in sections 123.173 and 123.177, beer from a
4class “A” beer permittee or a class “C” beer permittee who also
5holds a class “E” liquor control license as provided in section
6123.132, and to sell wine and beer to patrons by the individual
7drink for consumption on the premises only. However, beer may
8also be sold for consumption off the premises. The license
9issued to holders of a special class “C” liquor control license
10shall clearly state on its face that the license is limited.
11 Sec. 4. Section 123.131, subsection 1, Code 2022, is amended
12to read as follows:
131. Subject to the provisions of this chapter, any person
14holding a class “B” beer permit shall be authorized to sell
15beer for consumption on or off the premises. A holder of
16a class “B” beer permit shall be authorized to purchase
17beer from a class “A” beer permittee or a class “C” beer
18permittee who also holds a class “E” liquor control license as
19provided in section 123.132. Sales of beer for consumption
20off the premises made pursuant to this section shall be made
21in original containers except as provided in subsection 2.
22However, unless otherwise provided in this chapter, no sale
23of beer shall be made for consumption on the premises unless
24the place where such service is made is equipped with tables
25and seats sufficient to accommodate not less than twenty-five
26persons at one time.
27 Sec. 5. Section 123.132, subsection 4, Code 2022, is amended
28to read as follows:
294. The holder of a class “C” beer permit or the permittee’s
30agents or employees shall not sell beer to other retail license
31or permit holders knowing or having reasonable cause to believe
32that the beer will be resold in another licensed establishment.
33However, a holder of a class “C” beer permit who also holds a
34class “E” liquor control license may sell beer to class “B”
35permittees, and class “C” and special class “C” liquor control
-3-1licensees, for resale for consumption on the premises. Beer
2sales shall be in quantities in a twenty-four-hour period as
3determined by the division.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill concerns alcoholic beverage control relating
8to the sale of alcoholic liquor by the alcoholic beverages
9division of the department of commerce and the sale of beer for
10resale by a class “C” beer permittee who also holds a class “E”
11liquor control license.
12Code section 123.22, concerning the state monopoly regarding
13alcoholic liquor, is amended to allow the alcoholic beverages
14division to be the sole wholesaler of alcoholic liquor to all
15liquor control licensees, not just class “E” liquor control
16licensees. Code section 123.30, concerning liquor control
17licenses, is amended to allow this purchase of alcoholic liquor
18from the alcoholic beverages division.
19Code section 123.132, concerning the authority of a class
20“C” beer permit, is amended to allow a holder of a class “C”
21beer permit who also holds a class “E” liquor control license
22to sell beer to class “B” permittees, and class “C” and special
23class “C” liquor control licensees, for resale for consumption
24on the premises in such quantities in a 24-hour period as the
25alcoholic beverages division determines. Code section 123.30,
26concerning class “C” and special class “C” liquor control
27licensees, and Code section 123.131, concerning class “B” beer
28permittees, are amended to allow for the purchase of beer from
29a holder of a class “C” beer permit who also holds a class “E”
30liquor control license.
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