Bill Text: IA HF2020 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act providing specified individuals an exception from alcoholic beverage control business interest limitations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-24 - Subcommittee, Vander Linden, Hunter, and Jorgensen. H.J. 126. [HF2020 Detail]
Download: Iowa-2011-HF2020-Introduced.html
House
File
2020
-
Introduced
HOUSE
FILE
2020
BY
SWAIM
A
BILL
FOR
An
Act
providing
specified
individuals
an
exception
from
1
alcoholic
beverage
control
business
interest
limitations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5140YH
(2)
84
ec/nh
H.F.
2020
Section
1.
Section
123.45,
Code
2011,
is
amended
to
read
as
1
follows:
2
123.45
Limitations
on
business
interests.
3
1.
Except
as
provided
in
section
123.6
,
a
commission
4
member
or
division
employee
shall
not,
directly
or
indirectly,
5
individually,
or
as
a
member
of
a
partnership
or
shareholder
6
in
a
corporation,
have
any
interest
in
dealing
in
or
in
the
7
manufacture
of
alcoholic
liquor,
wine,
or
beer,
and
shall
8
not
receive
any
kind
of
profit
nor
have
any
interest
in
the
9
purchase
or
sale
of
alcoholic
liquor,
wine,
or
beer
by
persons
10
so
authorized
under
this
chapter
.
However,
this
provision
does
11
not
prohibit
any
member
or
employee
from
lawfully
purchasing
12
and
keeping
alcoholic
liquor,
wine,
or
beer
in
the
member’s
or
13
employee’s
possession
for
personal
use.
14
2.
A
person
engaged
in
the
business
of
manufacturing,
15
bottling,
or
wholesaling
alcoholic
beverages,
wine,
or
beer,
or
16
any
jobber,
representative,
broker,
employee,
or
agent
of
such
17
a
person,
shall
not
directly
or
indirectly
supply,
furnish,
18
give,
or
pay
for
any
furnishings,
fixtures,
or
equipment
used
19
in
the
storage,
handling,
serving,
or
dispensing
of
alcoholic
20
beverages,
wine,
beer,
or
food
within
the
place
of
business
of
21
a
licensee
or
permittee
authorized
under
this
chapter
to
sell
22
at
retail;
nor
shall
the
person
directly
or
indirectly
extend
23
any
credit
for
alcoholic
beverages
or
beer
or
pay
for
any
such
24
license
or
permit
,
;
nor
directly
or
indirectly
be
interested
in
25
the
ownership,
conduct,
or
operation
of
the
business
of
another
26
licensee
or
permittee
authorized
under
this
chapter
to
sell
at
27
retail
,
;
nor
hold
a
retail
liquor
control
license
or
retail
28
wine
or
beer
permit.
However,
a
29
3.
The
limitations
contained
in
subsection
2
shall
be
30
subject
to
the
following
exceptions:
31
a.
A
person
engaged
in
the
wholesaling
of
beer
or
wine
32
may
sell
only
disposable
glassware,
which
is
constructed
of
33
paper,
paper
laminated,
or
plastic
materials
and
designed
34
primarily
for
personal
consumption
on
a
one-time
usage
35
-1-
LSB
5140YH
(2)
84
ec/nh
1/
3
H.F.
2020
basis,
to
retailers
for
use
within
the
premises
of
licensed
1
establishments,
for
an
amount
which
is
greater
than
or
equal
2
to
an
amount
which
represents
the
greater
of
either
the
amount
3
paid
for
the
disposable
glassware
by
the
supplier
or
the
amount
4
paid
for
the
disposable
glassware
by
the
wholesaler.
Also,
a
5
b.
A
person
engaged
in
the
business
of
manufacturing
beer
6
may
sell
beer
at
retail
for
consumption
on
or
off
the
premises
7
of
the
manufacturing
facility
and,
notwithstanding
any
other
8
provision
of
this
chapter
or
the
fact
that
a
person
is
the
9
holder
of
a
class
“A”
beer
permit,
may
be
granted
not
more
than
10
one
class
“B”
beer
permit
as
defined
in
section
123.124
for
11
that
purpose.
12
4.
An
employee
of
a
person
engaged
in
the
business
of
13
manufacturing,
bottling,
or
wholesaling
alcoholic
beverages,
14
wine,
or
beer
may
also
be
employed
by
another
licensee
or
15
permittee
authorized
under
this
chapter
to
sell
alcoholic
16
beverages
at
retail
provided
that
the
employee
does
not
17
directly
or
indirectly
possess
an
ownership
interest
in
either
18
business
or
engage
in
exclusionary
practices
as
defined
by
19
rule.
20
5.
A
licensee
or
permittee
who
permits
or
assents
to
or
is
a
21
party
in
any
way
to
a
violation
or
infringement
of
this
section
22
is
guilty
of
a
violation
of
this
section
.
23
EXPLANATION
24
This
bill
relates
to
provisions
which
restrict
or
limit
25
potentially
conflicting
business
interests
among
alcoholic
26
beverage,
wine,
or
beer
licensees
under
Code
chapter
123.
27
Among
other
restrictions,
Code
section
123.45
provides
that
28
a
person
engaged
in
the
business
of
manufacturing,
bottling,
29
or
wholesaling
alcoholic
beverages,
wine,
or
beer,
or
any
30
jobber,
representative,
broker,
employee,
or
agent
of
such
a
31
person,
shall
not
directly
or
indirectly
be
interested
in
the
32
ownership,
conduct,
or
operation
of
the
business
of
another
33
licensee
or
permittee
authorized
under
Code
chapter
123
to
sell
34
at
retail.
The
bill
creates
an
exception
allowing
an
employee
35
-2-
LSB
5140YH
(2)
84
ec/nh
2/
3
H.F.
2020
of
a
person
engaged
in
the
business
of
manufacturing,
bottling,
1
or
wholesaling
alcoholic
beverages,
wine,
or
beer
to
also
be
2
employed
by
another
licensee
or
permittee
authorized
under
the
3
Code
chapter
to
sell
alcoholic
beverages
at
retail,
provided
4
that
the
employee
does
not
directly
or
indirectly
possess
an
5
ownership
interest
in
either
business
or
engage
in
exclusionary
6
practices
as
defined
by
rule.
7
-3-
LSB
5140YH
(2)
84
ec/nh
3/
3
