CHAPTER 63KEG BEER RULES[Prior to 12/31/86, Conservation Commission(290) Ch 42]57163.1(461A, 123) Purpose. This chapter governs the use of state park and recreation areas and designated state forests for consumption of beer dispensed from a keg or other container larger than one gallon. The purpose is to enhance public enjoyment of state areas through regulation of an activity which can be disruptive.Related ARC(s): 0382C57163.2(461A, 123) Applicability. This chapter is applicable to all state parks and recreation areas managed by the department and to the state forests containing designated campground areas listed in 571—61.1(461A).Related ARC(s): 0382C57163.3(461A, 123) Definitions.
"Beach" "beach area" is as defined in rule 571—64.1(461A).
"Beer" is as defined in Iowa Code section 123.3(7).
"Campground" means that portion of state parks or recreation areas designated for camping activity including parking areas contiguous to the campground and designated camp areas of state forests.
"Department" means the department of natural resources.
"Person" is as defined in Iowa Code section 4.1(20).
"Rental facility" means a lodge or open shelter with kitchenette as defined in rule 571—61.2(461A).Related ARC(s): 0382C57163.4(461A, 123) Prohibited areas. Gatherings at which keg beer is served shall not be conducted in beach areas, in campgrounds, or in parking areas or in areas immediately adjacent to those areas.Related ARC(s): 0382C57163.5(461A, 123) Procedure. Any person wishing to hold a gathering with keg beer in any area to which this chapter applies shall notify department personnel in charge of the area in advance and comply with the following procedure: 63.5(1) A designated agent shall be named who shall sign a responsibility agreement. The content of the responsibility agreement shall be as stated in 571—63.7(461A,123). 63.5(2) The designated agent shall be available for personal contact by department personnel at all times during the gathering with keg beer. 63.5(3) The agent shall pay a deposit of $100 per 100 or fewer persons at the gathering with keg beer. The deposit shall be held by department personnel in charge of the area as a damage deposit. Department personnel in charge of the area may designate the area in which the gathering with keg beer is to be conducted. If the gathering with keg beer takes place in a rental facility that requires a rental fee and damage deposit, the keg deposit shall be waived in lieu of the rental facility damage deposit if the rental facility damage deposit is equal to or greater than the keg deposit. 63.5(4) The agent shall assume responsibility to ensure that all state laws are complied with in the conduct of persons attending the gathering with keg beer, that the area used for the gathering is left in a clean, unlittered condition, and that no state property is damaged beyond the extent of normal wear and tear. 63.5(5) Conducting or continuation of the gathering with keg beer shall be contingent on whether the persons involved are complying with all applicable state laws including but not limited to Iowa Code section 123.47 and chapter 461A and the rules promulgated under those sections and on whether the activity does not interfere with other uses of area facilities. 63.5(6) The agent shall inform department personnel in charge of the area when the gathering with keg beer is concluded and attendees have left the area.Related ARC(s): 0382C57163.6(461A, 123) Deposit disposition. 63.6(1) The deposit required by 63.5(3) shall be refunded within three days in full or on a prorated basis computed according to 63.6(2) depending on the condition in which the site is left after the gathering with keg beer is held. 63.6(2) If it is necessary for department personnel to clean up the area or repair any damage beyond ordinary wear and tear, a log of the time spent in such cleanup or repair shall be kept. The damage deposit refund shall be reduced by an amount equivalent to the applicable hourly wage of the employees for the time necessary to clean the area or repair the damage. 63.6(3) The keg deposit is not to be construed as a limit of liability for damage to state property. The department may take any legal action necessary to recover additional damages.Related ARC(s): 0382C57163.7(461A, 123) Responsibility agreement. The agreement required by 63.5(1) shall contain the following information:RESPONSIBILITY AGREEMENTI/We, the undersigned, being 21 years of age or older, and desiring to entertain ourselves and others at:Area: Date: agree to leave the site used in the same condition as found, agree to clean up what debris and litter may be deposited during our stay, within the time period agreed to, agree to be responsible for any damages done to property within the area by ourselves or our guests, agree to ensure compliance with Iowa law respecting the possession of beer by underage persons, agree not to interfere with other use of park facilities and, finally, agree to abide by all rules and regulations and all laws of this state.Dated this ______ day of __________________, 2______.Signature of Group Leaders (agents):Identification Information:Agents(Name & Address)Phone No.Driver’sLicense No.VehicleLicenseRelated ARC(s): 0382CThese rules are intended to implement Iowa Code sections 461A.3, 461A.35, 461A.47, 123.47 and 123.47A.Related ARC(s): 0382C