House
File
478
-
Introduced
HOUSE
FILE
478
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
182)
A
BILL
FOR
An
Act
concerning
alcoholic
beverage
control
relating
to
1
brewpubs
and
alternating
proprietorship
arrangements
for
2
beer
manufacturers.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1728HV
(1)
90
ec/rn
H.F.
478
Section
1.
Section
123.30,
subsection
3,
paragraph
b,
1
subparagraph
(2),
Code
2023,
is
amended
by
adding
the
following
2
new
subparagraph
division:
3
NEW
SUBPARAGRAPH
DIVISION
.
(0d)
The
holder
of
a
special
4
class
“C”
retail
alcohol
license
may
also
hold
a
special
class
5
“A”
beer
permit
for
the
premises
licensed
under
a
special
class
6
“C”
retail
alcohol
license
for
the
purpose
of
operating
a
7
brewpub
pursuant
to
this
chapter.
8
Sec.
2.
Section
123.130,
subsection
4,
Code
2023,
is
amended
9
to
read
as
follows:
10
4.
a.
All
special
class
“A”
premises
shall
be
located
11
within
the
state.
A
12
b.
Except
as
provided
in
paragraph
“c”
,
a
person
who
13
holds
a
special
class
“A”
beer
permit
for
the
same
location
14
at
which
the
person
holds
a
class
“C”
or
special
class
“C”
15
retail
alcohol
license
for
the
purpose
of
operating
as
a
16
brewpub
may
manufacture
and
sell
beer
to
be
consumed
on
the
17
premises,
may
sell
beer
at
retail
at
the
manufacturing
premises
18
for
consumption
off
the
premises,
may
sell
beer
to
a
class
19
“A”
beer
permittee
for
resale
purposes,
and
may
sell
beer
to
20
distributors
outside
of
the
state
that
are
authorized
by
the
21
laws
of
that
jurisdiction
to
sell
beer
at
wholesale.
22
c.
A
person
who
holds
a
special
class
“A”
beer
permit
23
for
the
same
location
at
which
the
person
holds
a
class
24
“C”
or
special
class
“C”
retail
alcohol
license
for
the
25
purpose
of
operating
as
a
brewpub
may
manufacture
beer
under
26
an
alternating
proprietorship
arrangement
as
provided
in
27
subsection
4A.
However,
the
person
may
not
sell
beer
to
be
28
consumed
on
the
premises
where
manufactured
or
sell
beer
at
29
retail
for
consumption
off
the
premises
where
manufactured
30
unless
the
person
is
also
the
holder
of
a
class
“C”
or
special
31
class
“C”
retail
alcohol
license
issued
for
the
premises
of
the
32
alternating
proprietorship
whose
space
and
equipment
is
being
33
used
for
the
purpose
of
manufacturing
beer.
34
d.
The
permit
issued
to
holders
of
a
special
class
“A”
35
-1-
LSB
1728HV
(1)
90
ec/rn
1/
3
H.F.
478
beer
permit
shall
clearly
state
on
its
face
that
the
permit
is
1
limited.
2
Sec.
3.
Section
123.130,
Code
2023,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
4A.
a.
For
purposes
of
this
subsection,
5
“manufacturer”
includes
only
those
persons
who
hold
a
class
“A”
6
or
special
class
“A”
beer
permit
and
manufacture
beer
in
Iowa.
7
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
8
a
manufacturer
may
use
the
space
and
equipment
of
another
9
manufacturer
for
the
purpose
of
manufacturing
beer,
provided
10
that
such
an
alternating
proprietorship
arrangement
has
been
11
approved
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
12
United
States
department
of
the
treasury.
A
separate
class
13
“A”
or
special
class
“A”
beer
permit
shall
be
issued
to
each
14
manufacturer,
and
each
manufacturer
shall
be
subject
to
the
15
provisions
of
this
chapter
and
the
rules
of
the
division.
16
c.
Notwithstanding
any
provision
of
law
to
the
contrary,
17
not
more
than
one
class
“C”
retail
alcohol
license
or
special
18
class
“C”
retail
license
shall
be
issued
to
a
premises
with
19
alternating
proprietorships
as
authorized
by
this
subsection.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
concerns
alcoholic
beverage
control
relating
to
24
brewpubs
and
alternating
proprietorship
arrangements
for
beer
25
manufacturers.
26
Code
section
123.30,
concerning
retail
alcohol
license
27
classifications,
is
amended
to
provide
that
a
holder
of
a
28
special
class
“C”
retail
alcohol
license
may
also
hold
a
29
special
class
“A”
beer
permit
for
purposes
of
operating
a
30
brewpub.
31
The
bill
allows
a
manufacturer
of
beer
in
Iowa
to
use
the
32
space
and
equipment
of
another
manufacturer
of
beer
in
Iowa
for
33
the
purpose
of
manufacturing
beer
pursuant
to
an
alternating
34
proprietorship
arrangement
that
is
approved
by
the
alcohol
and
35
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1728HV
(1)
90
ec/rn
2/
3
H.F.
478
tobacco
tax
and
trade
bureau
of
the
United
States
department
1
of
the
treasury.
The
bill
provides
that
no
more
than
one
2
class
“C”
or
special
class
“C”
retail
alcohol
license
shall
3
be
issued
to
a
premises
with
alternating
proprietorships
for
4
beer.
In
addition,
the
bill
provides
that
a
person
who
holds
5
a
special
class
“A”
beer
permit
and
manufactures
beer
under
6
an
alternative
proprietorship
arrangement
under
the
bill
may
7
only
sell
beer
for
consumption
on
or
off
the
premises
where
8
manufactured
if
that
person
is
also
a
holder
of
a
class
“C”
9
or
special
class
“C”
retail
alcohol
license
issued
for
the
10
premises
where
manufactured.
11
-3-
LSB
1728HV
(1)
90
ec/rn
3/
3