Bill Text: IA HF365 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act providing for the home delivery of alcoholic beverages by retailers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF365 Detail]
Download: Iowa-2011-HF365-Introduced.html
House
File
365
-
Introduced
HOUSE
FILE
365
BY
KLEIN
A
BILL
FOR
An
Act
providing
for
the
home
delivery
of
alcoholic
beverages
1
by
retailers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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365
Section
1.
NEW
SECTION
.
123.46A
Delivery
of
alcoholic
1
beverages
by
retailers.
2
1.
Licensees
and
permittees
authorized
to
sell
alcoholic
3
liquor,
wine,
or
beer
in
original
unopened
containers
for
4
consumption
off
the
licensed
premises
may
deliver
alcoholic
5
liquor,
wine,
or
beer
to
a
home
or
other
designated
location
in
6
this
state.
Deliveries
shall
be
limited
to
alcoholic
beverages
7
authorized
by
the
licensee’s
or
permittee’s
license
or
permit.
8
2.
All
deliveries
of
alcoholic
liquor,
wine,
or
beer
shall
9
be
subject
to
the
following
requirements
and
restrictions:
10
a.
Payment
for
the
alcoholic
liquor,
wine,
or
beer
shall
be
11
received
on
the
licensed
premises
at
the
time
of
order.
12
b.
Alcoholic
liquor,
wine,
or
beer
delivered
to
a
person
13
shall
be
for
personal
use
and
not
for
resale.
14
c.
Deliveries
shall
only
be
made
to
persons
in
this
state
15
who
are
twenty-one
years
of
age
or
older.
16
d.
Deliveries
shall
not
be
made
to
a
person
who
is
17
intoxicated
or
is
simulating
intoxication.
18
e.
Deliveries
shall
occur
during
the
hours
in
which
19
alcoholic
liquor,
wine,
or
beer
may
be
lawfully
sold.
20
f.
Delivery
of
alcoholic
liquor,
wine,
or
beer
shall
be
made
21
by
the
licensee
or
permittee,
or
the
licensee’s
or
permittee’s
22
employee,
and
not
by
a
third
party.
23
g.
Delivery
personnel
shall
be
eighteen
years
of
age
or
24
older.
25
h.
Deliveries
shall
be
made
in
a
vehicle
owned,
leased,
or
26
under
the
control
of
the
licensee
or
permittee.
27
i.
Valid
proof
of
the
recipient’s
identity
and
age
shall
28
be
obtained
at
the
time
of
delivery,
and
the
signature
of
a
29
person
twenty-one
years
of
age
or
older
shall
be
obtained
as
a
30
condition
of
delivery.
31
j.
Licensees
and
permittees
shall
maintain
records
32
of
deliveries
which
include
the
quantity
delivered,
the
33
recipient’s
name
and
address,
and
the
signature
of
the
34
recipient
of
the
alcoholic
liquor,
wine,
or
beer.
The
records
35
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365
shall
be
maintained
on
the
licensed
premises
for
a
period
of
1
three
years.
2
3.
A
violation
of
this
section
or
any
other
provision
of
3
this
chapter
shall
subject
the
licensee
or
permittee
to
the
4
penalty
provisions
of
section
123.39.
5
4.
Nothing
in
this
section
shall
impact
the
direct
shipment
6
of
wine
as
regulated
by
section
123.187.
7
EXPLANATION
8
This
bill
authorizes
the
home
delivery
of
alcoholic
9
beverages
by
retailers.
10
The
bill
provides
that
a
licensee
or
permittee
authorized
11
to
sell
liquor,
wine,
or
beer
in
original
unopened
containers
12
for
consumption
off
the
licensed
premises
may
deliver
it
to
a
13
home
or
other
designated
location
in
Iowa.
Deliveries
shall
be
14
limited
to
alcoholic
beverages
authorized
by
the
licensee’s
or
15
permittee’s
license
or
permit.
16
The
bill
states
that
deliveries
shall
be
subject
to
several
17
requirements
and
restrictions.
Specifically,
payment
for
18
the
liquor,
wine,
or
beer
shall
be
received
on
the
licensed
19
premises
at
the
time
of
order;
liquor,
wine,
or
beer
shall
be
20
for
personal
use
and
not
for
resale;
deliveries
shall
only
21
be
made
to
persons
in
this
state
who
are
21
or
older;
and
22
deliveries
shall
not
be
made
to
a
person
who
is
intoxicated
or
23
is
simulating
intoxication.
Additionally,
deliveries
shall
24
occur
during
the
hours
in
which
liquor,
wine,
or
beer
may
be
25
lawfully
sold
and
shall
be
made
by
the
licensee
or
permittee,
26
or
the
licensee’s
or
permittee’s
employee.
Delivery
personnel
27
are
required
to
be
18
or
older.
Further,
deliveries
shall
28
be
made
in
a
vehicle
owned,
leased,
or
under
the
control
of
29
the
licensee
or
permittee,
valid
proof
of
the
recipient’s
30
identity
and
age
shall
be
obtained
at
the
time
of
delivery
and
31
the
signature
of
an
adult
shall
be
obtained
as
a
condition
32
of
delivery,
and
licensees
and
permittees
are
required
to
33
maintain
records
of
deliveries
which
include
the
quantity
34
delivered,
recipient’s
name
and
address,
and
the
signature
of
35
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365
the
recipient
of
the
liquor,
wine,
or
beer.
1
The
bill
states
that
these
records
shall
be
maintained
on
2
the
licensed
premises
for
a
period
of
three
years,
and
that
3
the
bill’s
provisions
do
not
impact
provisions
regulating
the
4
direct
shipment
of
wine
in
Code
section
123.187.
5
The
bill
provides
that
a
violation
of
the
bill’s
provisions,
6
or
any
other
provision
of
Code
chapter
123,
shall
subject
the
7
licensee’s
or
permittee’s
license
or
permit
to
the
penalty
8
provisions
of
Code
section
123.39,
which
include
possible
9
suspension
or
revocation
and
a
civil
penalty
not
to
exceed
10
$1,000
per
violation.
11
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