Bill Text: IA HF2109 | 2019-2020 | 88th General Assembly | Introduced

Iowa House Bill 2109 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act establishing a charity beer and wine event permit.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-28 - Subcommittee: Lundgren, Bloomingdale and Lensing. H.J. 151. [HF2109 Detail]

Download: Iowa-2019-HF2109-Introduced.html

House File 2109 - Introduced HOUSE FILE 2109 BY LUNDGREN A BILL FOR An Act establishing a charity beer and wine event permit. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5070YH (2) 88 ec/rn

H.F. 2109 Section 1. Section 123.32, subsection 1, paragraph b, Code 1 2020, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (7A) A charity beer and wine event permit 3 as provided in section 123.173B. 4 Sec. 2. NEW SECTION . 123.173B Charity beer and wine event 5 permit. 6 1. For purposes of this section, “authorized nonprofit 7 entity” includes a nonprofit entity which has a principal office 8 in the state, a nonprofit corporation organized under chapter 9 504, or a foreign corporation as defined in section 504.141, 10 whose income is exempt from federal taxation under section 11 501(c) of the Internal Revenue Code. 12 2. An authorized nonprofit entity may, upon application 13 to the division and receipt of a charity beer and wine event 14 permit from the division, conduct a charity event which allows 15 for the sale of beer and wine for consumption on the premises 16 of the event. The completed application shall specify the 17 date and time when the charity beer and wine event is to be 18 conducted and the premises in this state where the charity beer 19 and wine event is to be physically conducted. The completed 20 application shall also specify that the premises where the 21 charity beer and wine event is to be conducted has a valid 22 class “B” beer permit and that the authorized nonprofit entity 23 has entered into an agreement with the person holding the class 24 “B” beer permit allowing the charity beer and wine event to 25 be conducted on the premises. The applicant shall certify 26 that the objective of the charity beer and wine event is to 27 raise funds solely to be used for educational, religious, or 28 charitable purposes and that the entire proceeds from the 29 charity beer and wine event are to be expended for any of the 30 purposes described in section 423.3, subsection 78. 31 3. An authorized nonprofit entity shall be eligible to 32 receive only two charity beer and wine event permits during a 33 calendar year and each charity beer and wine event permit shall 34 be valid for a period not to exceed thirty-six consecutive 35 -1- LSB 5070YH (2) 88 ec/rn 1/ 3

H.F. 2109 hours. 1 4. The authorized nonprofit entity conducting the charity 2 beer and wine event shall obtain the beer and wine to be sold 3 for consumption on the premises of the charity beer and wine 4 event from the person holding the class “B” beer permit for the 5 premises. 6 5. Any violation of the requirements of this chapter or the 7 rules adopted pursuant to this chapter shall subject the permit 8 holder to the general penalties provided in this chapter and 9 shall constitute grounds for imposition of a civil penalty, 10 suspension of the permit, or revocation of the permit after 11 notice and opportunity for a hearing pursuant to section 123.39 12 and chapter 17A. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill authorizes a nonprofit entity to conduct a charity 17 beer and wine event. 18 New Code section 123.173B provides for the issuance of a 19 charity beer and wine event permit to an authorized nonprofit 20 entity that allows the permit holder to sell beer and wine at a 21 charity beer and wine event for consumption on the premises. 22 The bill requires the nonprofit entity to specify the date and 23 time and the premises where the charity beer and wine event 24 is to be conducted. The bill provides that the completed 25 application shall also specify that the premises has a valid 26 class “B” beer permit and that the authorized nonprofit entity 27 has entered into an agreement with the person holding the class 28 “B” beer permit allowing the charity beer and wine event to be 29 conducted on the premises. The bill requires proceeds from 30 the event to be expended for charitable purposes and allows 31 only two charity beer and wine event permits during a calendar 32 year with each charity beer and wine event permit valid for a 33 period not to exceed 36 consecutive hours. The bill requires 34 the authorized nonprofit entity to obtain the beer and wine to 35 -2- LSB 5070YH (2) 88 ec/rn 2/ 3

H.F. 2109 be sold for consumption on the premises of the charity beer 1 and wine event from the person holding the class “B” beer 2 permit for the premises. The bill also provides that any 3 violation of the requirements of Code chapter 123 or the rules 4 adopted pursuant shall subject the permit holder to the general 5 penalties provided in Code chapter 123 and shall constitute 6 grounds for imposition of a civil penalty, suspension of the 7 permit, or revocation of the permit. 8 -3- LSB 5070YH (2) 88 ec/rn 3/ 3