Bill Text: IA HF641 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to alcoholic beverage control and matters under the purview of the alcoholic beverages division of the department of commerce and including effective date provisions. (Formerly HSB 95; See HF 745.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-23 - Withdrawn. H.J. 980. [HF641 Detail]
Download: Iowa-2019-HF641-Introduced.html
House
File
641
-
Introduced
HOUSE
FILE
641
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
95)
(COMPANION
TO
LSB
1189SV
BY
COMMITTEE
ON
STATE
GOVERNMENT)
A
BILL
FOR
An
Act
relating
to
alcoholic
beverage
control
and
matters
1
under
the
purview
of
the
alcoholic
beverages
division
of
2
the
department
of
commerce
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1189HV
(3)
88
ec/rn
H.F.
641
DIVISION
I
1
ALCOHOLIC
BEVERAGE
CONTROL
2
Section
1.
Section
123.3,
subsections
5,
6,
7,
20,
26,
34,
3
and
48,
Code
2019,
are
amended
to
read
as
follows:
4
5.
“Alcoholic
liquor”
means
the
varieties
of
liquor
defined
5
in
subsections
3
and
44
which
contain
more
than
five
six
and
6
twenty-five
hundredths
percent
of
alcohol
by
weight
volume
,
7
beverages
made
as
described
in
subsection
7
which
beverages
8
contain
more
than
five
percent
of
alcohol
by
weight
or
six
and
9
twenty-five
hundredths
percent
of
alcohol
by
volume
but
which
10
are
not
wine
as
defined
in
subsection
48
or
high
alcoholic
11
content
beer
as
defined
in
subsection
20
,
and
every
other
12
liquid
or
solid,
patented
or
not,
containing
spirits
and
every
13
beverage
obtained
by
the
process
described
in
subsection
48
14
containing
more
than
seventeen
percent
alcohol
by
weight
or
15
twenty-one
and
twenty-five
hundredths
percent
of
alcohol
by
16
volume,
and
susceptible
of
being
consumed
by
a
human
being,
17
for
beverage
purposes.
Alcohol
manufactured
in
this
state
18
for
use
as
fuel
pursuant
to
an
experimental
distilled
spirits
19
plant
permit
or
its
equivalent
issued
by
the
federal
bureau
of
20
alcohol,
tobacco
and
firearms
is
not
an
“alcoholic
liquor”
.
21
6.
“Application”
means
a
written
request
for
the
issuance
22
of
a
permit
,
or
license
,
or
certificate
that
is
supported
by
a
23
verified
statement
of
facts
and
submitted
electronically,
or
in
24
a
manner
prescribed
by
the
administrator.
25
7.
“Beer”
means
any
liquid
capable
of
being
used
for
26
beverage
purposes
made
by
the
fermentation
of
an
infusion
27
in
potable
water
of
barley,
malt,
and
hops,
with
or
without
28
unmalted
grains
or
decorticated
and
degerminated
grains
or
made
29
by
the
fermentation
of
or
by
distillation
of
the
fermented
30
products
of
fruit,
fruit
extracts,
or
other
agricultural
31
products,
containing
more
than
one-half
of
one
percent
of
32
alcohol
by
volume
but
not
more
than
five
percent
of
alcohol
by
33
weight
or
six
and
twenty-five
hundredths
percent
of
alcohol
by
34
volume
but
not
including
mixed
drinks
or
cocktails
mixed
on
the
35
-1-
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1189HV
(3)
88
ec/rn
1/
40
H.F.
641
premises
.
1
20.
“High
alcoholic
content
beer”
means
beer
which
2
contains
more
than
five
percent
of
alcohol
by
weight
or
six
3
and
twenty-five
hundredths
percent
of
alcohol
by
volume,
but
4
not
more
than
twelve
percent
of
alcohol
by
weight
or
fifteen
5
percent
of
alcohol
by
volume,
that
is
made
by
the
fermentation
6
of
an
infusion
in
potable
water
of
barley,
malt,
and
hops,
with
7
or
without
unmalted
grains
or
decorticated
and
degerminated
8
grains.
Not
more
than
one
and
five-tenths
percent
of
the
9
volume
of
a
“high
alcoholic
content
beer”
may
consist
of
alcohol
10
derived
from
added
flavors
and
other
nonbeverage
ingredients
11
containing
alcohol.
The
added
flavors
and
other
nonbeverage
12
ingredients
may
not
include
added
caffeine
or
other
added
13
stimulants
including
but
not
limited
to
guarana,
ginseng,
and
14
taurine.
15
26.
“Licensed
premises”
or
“premises”
means
all
rooms,
16
enclosures,
contiguous
areas,
or
places
susceptible
of
precise
17
description
satisfactory
to
the
administrator
where
alcoholic
18
beverages,
wine,
or
beer
is
sold
or
consumed
under
authority
19
of
a
liquor
control
license,
wine
permit,
or
beer
permit.
20
A
single
licensed
premises
may
consist
of
multiple
rooms,
21
enclosures,
areas,
or
places
if
they
are
wholly
within
the
22
confines
of
a
single
building
or
contiguous
grounds
,
or
areas
23
or
places
susceptible
of
precise
description
satisfactory
to
24
the
administrator
.
25
34.
“Person”
means
any
individual,
association,
or
26
partnership,
any
corporation,
limited
liability
company,
or
27
other
similar
legal
entity,
any
club,
hotel
or
motel,
or
any
28
municipal
corporation
owning
or
operating
a
bona
fide
airport,
29
marina,
park,
coliseum,
auditorium,
or
recreational
facility
in
30
or
at
which
the
sale
of
alcoholic
liquor,
wine,
or
beer
is
only
31
an
incidental
part
of
the
ownership
or
operation.
32
48.
“Wine”
means
any
beverage
containing
more
than
five
33
six
and
twenty-five
hundredths
percent
of
alcohol
by
weight
34
volume
but
not
more
than
seventeen
percent
of
alcohol
by
weight
35
-2-
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(3)
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ec/rn
2/
40
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641
or
twenty-one
and
twenty-five
hundredths
percent
of
alcohol
1
by
volume
obtained
by
the
fermentation
of
the
natural
sugar
2
contents
of
fruits
or
other
agricultural
products
but
excluding
3
any
product
containing
alcohol
derived
from
malt
or
by
the
4
distillation
process
from
grain,
cereal,
molasses,
or
cactus.
5
Sec.
2.
Section
123.3,
Code
2019,
is
amended
by
adding
the
6
following
new
subsections:
7
NEW
SUBSECTION
.
14A.
“Completed
application”
means
an
8
application
where
all
necessary
fees
have
been
paid
in
full,
9
any
required
bonds
have
been
submitted,
the
applicant
has
10
provided
all
information
requested
by
the
division,
and
11
the
application
meets
the
requirements
of
section
123.92,
12
subsection
2,
if
applicable.
13
NEW
SUBSECTION
.
28A.
“Mixed
drink
or
cocktail”
means
an
14
alcoholic
beverage,
composed
in
whole
or
in
part
of
alcoholic
15
liquor,
that
is
combined
with
other
alcoholic
beverages
or
16
nonalcoholic
beverages
or
ingredients
including
but
not
limited
17
to
ice,
water,
soft
drinks,
or
flavorings.
18
NEW
SUBSECTION
.
28B.
“Native
brewery”
means
a
business
19
which
manufactures
beer
or
high
alcoholic
content
beer
and
is
20
operated
by
a
person
who
holds
a
class
“A”
beer
permit
that
21
authorizes
the
holder
to
manufacture
and
sell
beer
pursuant
to
22
this
chapter.
23
NEW
SUBSECTION
.
36A.
“Private
place”
means
a
location
24
which,
at
the
time
alcoholic
beverages
are
kept,
dispensed,
or
25
consumed,
meets
all
of
the
following
criteria:
26
a.
The
general
public
does
not
have
access
to
the
location
27
and
attendees
are
limited
to
bona
fide
social
hosts
and
invited
28
guests.
29
b.
The
location
is
not
of
a
commercial
nature.
30
c.
Goods
or
services
are
neither
sold
nor
purchased
at
the
31
location.
32
d.
The
location
is
not
a
licensed
premises.
33
e.
Admission
fees
or
other
kinds
of
entrance
fees,
fare,
34
ticket,
donation
or
charges
are
not
made
or
are
required
of
the
35
-3-
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invited
guests
to
enter
the
location.
1
Sec.
3.
Section
123.10,
subsection
13,
Code
2019,
is
amended
2
to
read
as
follows:
3
13.
Providing
for
the
issuance
of
a
waiver
for
an
individual
4
of
legal
age
desiring
to
import
alcoholic
liquor,
wine,
or
5
beer
in
excess
of
the
amount
provided
in
section
123.22
,
6
123.146
123.122
,
or
123.171
,
as
applicable.
The
waiver
shall
7
be
limited
to
those
individuals
who
were
domiciled
outside
the
8
state
within
one
year
of
the
request
for
a
waiver
and
shall
9
provide
that
any
alcoholic
liquor,
wine,
or
beer
imported
10
pursuant
to
the
waiver
shall
be
for
personal
consumption
only
11
in
a
private
home
or
other
private
accommodation.
12
Sec.
4.
Section
123.10,
Code
2019,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
14.
Prescribing
the
uniform
fee
to
be
15
assessed
against
a
class
“B”
beer
permittee,
class
“C”
native
16
wine
permittee,
or
liquor
control
licensee,
except
a
class
“E”
17
liquor
control
licensee,
to
cover
the
administrative
costs
18
incurred
by
the
division
resulting
from
the
failure
of
the
19
licensee
or
permittee
to
maintain
dramshop
liability
insurance
20
coverage
pursuant
to
section
123.92,
subsection
2,
paragraph
21
“a”
.
22
NEW
SUBSECTION
.
15.
Prescribing
the
uniform
fee,
not
to
23
exceed
one
hundred
dollars,
to
be
assessed
against
a
licensee
24
or
permittee
for
a
contested
case
hearing
conducted
by
the
25
division
or
by
an
administrative
law
judge
from
the
department
26
of
inspections
and
appeals
which
results
in
administrative
27
action
taken
against
the
licensee
or
permittee
by
the
division.
28
Sec.
5.
Section
123.23,
subsections
1
and
4,
Code
2019,
are
29
amended
to
read
as
follows:
30
1.
Any
manufacturer,
distiller,
or
importer
of
alcoholic
31
liquors
shipping,
selling,
or
having
alcoholic
liquors
brought
32
into
this
state
for
resale
by
the
state
shall,
as
a
condition
33
precedent
to
the
privilege
of
so
trafficking
in
alcoholic
34
liquors
in
this
state,
annually
make
application
for
and
hold
35
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a
distiller’s
certificate
of
compliance
which
shall
be
issued
1
by
the
administrator
for
that
purpose.
No
brand
of
alcoholic
2
liquor
shall
be
sold
by
the
division
in
this
state
unless
3
the
manufacturer,
distiller,
importer,
and
all
other
persons
4
participating
in
the
distribution
of
that
brand
in
this
state
5
have
obtained
a
certificate.
The
certificate
of
compliance
6
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
7
and
shall
be
renewed
for
a
like
period
upon
application
to
the
8
administrator
unless
otherwise
suspended
or
revoked
for
cause.
9
Each
completed
application
for
a
certificate
of
compliance
10
or
renewal
shall
be
submitted
electronically,
or
in
a
manner
11
prescribed
by
the
administrator,
and
shall
be
accompanied
by
a
12
fee
of
fifty
dollars
payable
to
the
division.
However,
this
13
subsection
need
not
apply
to
a
manufacturer,
distiller,
or
14
importer
who
ships
or
sells
in
this
state
no
more
than
eleven
15
gallons
or
its
case
equivalent
during
any
fiscal
year
as
a
16
result
of
“special
orders”
which
might
be
placed,
as
defined
17
and
allowed
by
divisional
rules
adopted
under
this
chapter
.
18
4.
Any
violation
of
the
requirements
of
this
section
,
except
19
subsection
3
,
chapter
or
rules
adopted
pursuant
to
this
chapter
20
shall
subject
the
violator
holder
of
a
distiller’s
certificate
21
of
compliance
to
the
general
penalties
provided
in
this
chapter
22
and
in
addition
to
the
general
penalties,
is
shall
constitute
23
grounds
for
imposition
of
a
civil
penalty,
suspension
of
the
24
certificate,
or
revocation
of
the
certificate
of
compliance
,
25
after
notice
and
opportunity
for
a
hearing
before
the
26
administrator
pursuant
to
section
123.39
and
chapter
17A
.
27
Willful
However,
willful
failure
to
comply
with
requirements
28
which
may
be
imposed
under
subsection
3
is
grounds
for
29
suspension
or
revocation
of
the
certificate
of
compliance
only.
30
Sec.
6.
Section
123.24,
subsection
1,
Code
2019,
is
amended
31
to
read
as
follows:
32
1.
The
division
shall
sell
alcoholic
liquor
at
wholesale
33
only.
The
division
shall
sell
alcoholic
liquor
to
class
“E”
34
liquor
control
licensees
only.
The
division
shall
offer
the
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same
price
on
alcoholic
liquor
to
all
class
“E”
liquor
control
1
licensees
without
regard
for
the
quantity
of
purchase
or
the
2
distance
for
delivery.
However,
the
division
may
assess
a
3
split-case
charge
when
liquor
is
sold
in
quantities
which
4
require
a
case
to
be
split.
5
Sec.
7.
Section
123.24,
Code
2019,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
1A.
The
price
of
alcoholic
liquor
sold
by
8
the
division
shall
consist
of
the
following:
9
a.
The
manufacturer’s
price.
10
b.
A
markup
of
up
to
fifty
percent
of
the
wholesale
price
11
paid
by
the
division
for
the
alcoholic
liquor.
The
division
12
may
increase
the
markup
on
selected
kinds
of
alcoholic
liquor
13
sold
by
the
division
if
the
average
return
to
the
division
on
14
all
sales
of
alcoholic
liquor
does
not
exceed
the
wholesale
15
price
paid
by
the
division
and
the
fifty
percent
markup.
16
c.
A
split
case
charge
in
an
amount
determined
by
the
17
division
when
alcoholic
liquor
is
sold
in
quantities
which
18
require
a
case
to
be
split.
19
d.
A
bottle
surcharge
in
an
amount
sufficient,
when
20
added
to
the
amount
not
refunded
to
class
“E”
liquor
control
21
licensees
pursuant
to
section
455C.2,
to
pay
the
costs
incurred
22
by
the
division
for
collecting
and
properly
disposing
of
the
23
liquor
containers.
The
amount
collected
pursuant
to
this
24
paragraph,
in
addition
to
any
amounts
not
refunded
to
class
“E”
25
liquor
control
licensees
pursuant
to
section
455C.2,
shall
be
26
deposited
in
the
beer
and
liquor
control
fund
established
under
27
section
123.17.
28
Sec.
8.
Section
123.24,
subsections
4
and
5,
Code
2019,
are
29
amended
by
striking
the
subsections.
30
Sec.
9.
Section
123.27,
subsection
3,
Code
2019,
is
amended
31
by
striking
the
subsection.
32
Sec.
10.
Section
123.28,
subsection
2,
Code
2019,
is
amended
33
to
read
as
follows:
34
2.
The
division
shall
deliver
alcoholic
liquor
purchased
by
35
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class
“E”
liquor
control
licensees.
Class
“E”
liquor
control
1
licensees
may
deliver
alcoholic
liquor
purchased
by
class
“A”,
2
class
“B”,
class
“C”,
class
“C”
native
distilled
spirits,
3
or
class
“D”
liquor
control
licensees,
and
class
“A”,
class
4
“B”,
class
“C”,
class
“C”
native
distilled
spirits,
or
class
5
“D”
liquor
control
licensees
may
transport
alcoholic
liquor
6
purchased
from
class
“E”
liquor
control
licensees.
7
Sec.
11.
Section
123.30,
subsection
2,
Code
2019,
is
amended
8
to
read
as
follows:
9
2.
A
liquor
control
license
shall
not
be
issued
for
premises
10
which
do
not
constitute
a
safe
and
proper
place
or
building
11
and
which
do
not
conform
to
all
applicable
laws,
ordinances,
12
resolutions,
and
health
and
fire
regulations.
A
licensee
13
shall
not
have
or
maintain
any
interior
access
to
residential
14
or
sleeping
quarters
unless
permission
is
granted
by
the
15
administrator
in
the
form
of
a
living
quarters
permit.
16
Sec.
12.
Section
123.30,
subsection
4,
Code
2019,
is
amended
17
to
read
as
follows:
18
4.
Notwithstanding
any
provision
of
this
chapter
to
the
19
contrary,
a
person
holding
a
liquor
control
license
to
sell
20
alcoholic
beverages
for
consumption
on
the
licensed
premises
21
may
permit
a
customer
to
remove
one
unsealed
bottle
of
wine
22
for
consumption
off
the
premises
if
the
customer
has
purchased
23
and
consumed
a
portion
of
the
bottle
of
wine
on
the
licensed
24
premises.
The
licensee
or
the
licensee’s
agent
shall
securely
25
reseal
such
bottle
in
a
bag
designed
so
that
it
is
visibly
26
apparent
that
the
resealed
bottle
of
wine
has
not
been
tampered
27
with
and
provide
a
dated
receipt
for
the
resealed
bottle
of
28
wine
to
the
customer.
A
wine
bottle
resealed
pursuant
to
the
29
requirements
of
this
subsection
is
subject
to
the
requirements
30
of
sections
321.284
and
321.284A
.
A
person
holding
a
liquor
31
control
license
to
sell
alcoholic
beverages
for
consumption
on
32
the
licensed
premises
may
permit
a
customer
to
carry
an
open
33
container
of
wine
from
their
the
person’s
licensed
premises
34
into
another
immediately
adjacent
licensed
premises
,
temporary
35
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that
is
covered
by
a
license
or
permit
that
authorizes
the
1
consumption
of
wine,
a
temporarily
closed
public
right-of-way,
2
or
a
private
property
place
.
3
Sec.
13.
Section
123.30,
subsection
5,
Code
2019,
is
amended
4
by
striking
the
subsection.
5
Sec.
14.
Section
123.31,
subsection
3,
Code
2019,
is
amended
6
to
read
as
follows:
7
3.
The
names
and
addresses
of
all
persons
or
,
in
the
case
of
8
a
corporation,
limited
liability
company,
or
any
other
similar
9
legal
entity,
the
officers,
directors,
and
persons
owning
or
10
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
11
having
a
financial
interest,
by
way
of
loan,
ownership,
or
12
otherwise,
in
the
business.
13
Sec.
15.
Section
123.32,
subsections
1,
2,
3,
and
6,
Code
14
2019,
are
amended
to
read
as
follows:
15
1.
Filing
of
application.
16
a.
An
A
completed
application
for
a
class
“A”,
class
“B”,
17
class
“C”,
special
class
“C”,
class
“C”
native
distilled
18
spirits,
or
class
“E”
liquor
control
license
as
provided
in
19
section
123.31
,
for
a
class
“A”
native
distilled
spirits
20
license,
for
a
retail
beer
permit
as
provided
in
sections
21
123.128
and
123.129
,
or
for
a
class
“B”,
class
“B”
native,
or
22
class
“C”
native
retail
wine
permit
as
provided
in
section
23
123.175
,
accompanied
by
the
necessary
fee
and
bond,
if
24
required,
shall
be
filed
with
the
appropriate
city
council
if
25
the
premises
for
which
the
license
or
permit
is
sought
are
26
located
within
the
corporate
limits
of
a
city,
or
with
the
27
board
of
supervisors
if
the
premises
for
which
the
license
or
28
permit
is
sought
are
located
outside
the
corporate
limits
of
29
a
city.
30
b.
An
A
completed
application
for
a
class
“D”
liquor
control
31
license
and
for
a
class
“A”
beer
or
class
“A”
wine
permit,
32
accompanied
by
the
necessary
fee
and
bond,
if
required,
any
33
of
the
following
certificates,
licenses,
or
permits
shall
34
be
submitted
to
the
division
electronically,
or
in
a
manner
35
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prescribed
by
the
administrator,
which
shall
proceed
in
the
1
same
manner
as
in
the
case
of
an
application
approved
by
local
2
authorities
.
:
3
(1)
A
certificate
of
compliance
as
provided
in
sections
4
123.23,
123.135,
and
123.180.
5
(2)
A
class
“D”
liquor
control
license
as
provided
in
6
section
123.31.
7
(3)
A
manufacturer’s
license
as
provided
in
section
123.41.
8
(4)
A
broker’s
permit
as
provided
in
section
123.42.
9
(5)
A
class
“A”
native
distilled
spirits
license
as
provided
10
in
section
123.43.
11
(6)
A
class
“A”
or
special
class
“A”
beer
permit
as
provided
12
in
section
123.127.
13
(7)
A
charity
beer,
spirits,
and
wine
auction
permit
as
14
provided
in
section
123.173A.
15
(8)
A
class
“A”
wine
permit
as
provided
in
section
123.175.
16
(9)
A
wine
direct
shipper’s
permit
as
provided
in
section
17
123.187.
18
(10)
A
wine
carrier
permit
as
provided
in
section
123.188.
19
2.
Action
by
local
authorities.
The
local
authority
shall
20
either
approve
or
disapprove
the
issuance
of
a
liquor
control
21
license,
a
retail
wine
permit,
or
a
retail
beer
permit,
shall
22
endorse
its
approval
or
disapproval
on
the
application
,
and
23
shall
forward
the
application
with
the
necessary
fee
and
bond,
24
if
required,
to
the
division.
There
is
no
limit
upon
the
25
number
of
liquor
control
licenses,
retail
wine
permits,
or
26
retail
beer
permits
which
may
be
approved
for
issuance
by
local
27
authorities.
28
3.
Licensed
premises
for
local
events.
A
local
authority
29
may
define,
by
motion
of
the
local
authority,
licensed
premises
30
which
shall
be
used
by
holders
of
liquor
control
licenses,
beer
31
permits,
and
wine
permits
at
festivals,
fairs,
or
celebrations
32
which
are
sponsored
or
authorized
by
the
local
authority.
The
33
licensed
premises
defined
by
motion
of
the
local
authority
34
shall
be
used
by
the
holders
of
five-day
or
fourteen-day
class
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“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
“D”
1
liquor
control
licenses,
or
five-day
or
fourteen-day
class
“B”
2
or
class
“C”
native
wine
permits,
or
class
“B”
beer
permits
3
only.
4
6.
Action
by
administrator.
5
a.
Upon
receipt
of
an
application
having
been
disapproved
6
by
the
local
authority,
the
administrator
shall
notify
the
7
applicant
that
the
applicant
may
appeal
the
disapproval
of
8
the
application
to
the
administrator.
The
applicant
shall
9
be
notified
by
certified
mail
or
personal
service
,
and
the
10
application,
the
fee,
and
any
bond
shall
be
returned
to
the
11
applicant.
12
b.
Upon
receipt
of
an
application
having
been
approved
by
13
the
local
authority,
the
division
shall
make
an
investigation
14
as
the
administrator
deems
necessary
to
determine
that
15
the
applicant
complies
with
all
requirements
for
holding
a
16
license
or
permit,
and
may
require
the
applicant
to
appear
17
to
be
examined
under
oath
to
demonstrate
that
the
applicant
18
complies
with
all
of
the
requirements
to
hold
a
license
19
or
permit.
If
the
administrator
requires
the
applicant
to
20
appear
and
to
testify
under
oath,
a
record
shall
be
made
of
21
all
testimony
or
evidence
and
the
record
shall
become
a
part
22
of
the
application.
The
administrator
may
appoint
a
member
23
of
the
division
or
may
request
an
administrative
law
judge
24
of
the
department
of
inspections
and
appeals
to
receive
the
25
testimony
under
oath
and
evidence,
and
to
issue
a
proposed
26
decision
to
approve
or
disapprove
the
application
for
a
license
27
or
permit.
The
administrator
may
affirm,
reverse,
or
modify
28
the
proposed
decision
to
approve
or
disapprove
the
application
29
for
the
license
or
permit.
If
the
application
is
approved
30
by
the
administrator,
the
license
or
permit
shall
be
issued.
31
If
the
application
is
disapproved
by
the
administrator,
the
32
applicant
shall
be
so
notified
by
certified
mail
or
personal
33
service
and
the
appropriate
local
authority
shall
be
notified
34
electronically,
or
in
a
manner
prescribed
by
the
administrator.
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Sec.
16.
Section
123.34,
Code
2019,
is
amended
to
read
as
1
follows:
2
123.34
Expiration
of
licenses
,
and
permits
,
and
certificates
3
of
compliance
——
seasonal,
five-day,
and
fourteen-day
,
and
4
five-day
licenses
and
permits
——
fees.
5
1.
Liquor
control
All
licenses,
wine
permits,
and
beer
6
permits,
and
certificates
of
compliance,
unless
sooner
7
suspended
or
revoked,
expire
one
year
from
date
of
issuance.
8
The
administrator
shall
notify
a
license
,
or
permit
,
or
9
certificate
holder
electronically,
or
in
a
manner
prescribed
by
10
the
administrator,
sixty
days
prior
to
the
expiration
of
each
11
license
,
or
permit
,
or
certificate
.
12
2.
a.
However,
the
The
administrator
may
issue
six-month
or
13
eight-month
seasonal
class
“A”,
class
“B”,
class
“C”,
special
14
class
“C”,
and
class
“D”
liquor
control
licenses,
class
“B”
15
wine
permits,
class
“B”
or
class
“C”
native
wine
permits,
16
or
class
“B”
beer
permits
for
a
proportionate
part
of
the
17
license
or
permit
fee
or
may
issue
fourteen-day
liquor
control
18
licenses,
native
wine
permits,
or
beer
permits
as
provided
in
19
subsection
2
.
20
b.
No
refund
shall
be
made
for
seasonal
licenses
or
21
permits
or
for
fourteen-day
liquor
control
licenses,
native
22
wine
permits,
or
beer
permits.
No
seasonal
license
or
permit
23
shall
be
renewed.
However,
after
a
period
of
two
months
the
24
applicant
may
apply
for
a
new
seasonal
license
or
permit
for
25
the
same
location.
The
fee
for
a
six-month
or
eight-month
26
seasonal
license
or
permit
issued
pursuant
to
this
subsection
27
shall
be
for
a
proportionate
part
of
the
license
or
permit
fee
28
for
that
class
of
license
or
permit.
However,
the
fee
for
a
29
seasonal
class
“B”
native
wine
permit
shall
be
the
permit
fee
30
provided
in
section
123.179,
subsection
3,
and
the
fee
for
a
31
seasonal
class
“C”
native
wine
permit
shall
be
the
permit
fee
32
provided
in
section
123.179,
subsection
4.
33
2.
3.
a.
The
administrator
may
issue
fourteen-day
class
34
“A”,
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
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liquor
control
licenses
,
and
fourteen-day
class
“B”
beer
1
permits,
class
“B”
native
wine
permits,
and
class
“C”
native
2
wine
permits.
3
b.
A
fourteen-day
license
or
permit,
if
granted,
is
valid
4
for
fourteen
consecutive
days,
but
the
holder
shall
not
sell
on
5
the
two
Sundays
in
the
fourteen-day
period
unless
the
holder
6
qualifies
for
and
obtains
the
privilege
to
sell
on
Sundays
7
contained
in
section
123.36,
subsection
6
,
and
section
123.134,
8
subsection
4
.
9
3.
c.
(1)
The
fee
for
a
fourteen-day
liquor
control
10
license
or
beer
permit
is
one
quarter
of
the
annual
fee
for
11
that
class
of
liquor
control
license
or
beer
permit.
The
12
fee
for
the
privilege
to
sell
on
the
two
Sundays
in
the
13
fourteen-day
period
is
twenty
percent
of
the
price
of
the
14
fourteen-day
liquor
control
license
or
beer
permit.
15
(2)
The
fee
for
a
fourteen-day
class
“B”
native
wine
permit
16
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
17
3,
and
the
fee
for
a
fourteen-day
class
“C”
native
wine
permit
18
is
the
permit
fee
provided
in
section
123.179,
subsection
4
.
19
4.
a.
The
administrator
may
issue
five-day
class
“A”,
class
20
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
control
21
licenses
,
and
five-day
class
“B”
beer
permits,
class
“B”
native
22
wine
permits,
and
class
“C”
native
wine
permits.
23
b.
A
five-day
license
or
permit
is
valid
for
five
24
consecutive
days,
but
the
holder
shall
not
sell
alcoholic
25
beverages
on
Sunday
in
the
five-day
period
unless
the
holder
26
qualifies
for
and
obtains
the
privilege
to
sell
on
Sunday
27
pursuant
to
sections
section
123.36
,
subsection
6,
and
section
28
123.134
,
subsection
4
.
29
5.
c.
(1)
The
fee
for
the
five-day
liquor
control
license
30
or
beer
permit
is
one-eighth
of
the
annual
fee
for
that
class
31
of
license
or
permit.
The
fee
for
the
privilege
to
sell
on
a
32
Sunday
in
the
five-day
period
is
ten
percent
of
the
price
of
33
the
five-day
liquor
control
license
or
beer
permit.
34
(2)
The
fee
for
a
five-day
class
“B”
native
wine
permit
35
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shall
be
the
permit
fee
provided
in
section
123.179,
subsection
1
3,
and
the
fee
for
a
five-day
class
“C”
native
wine
permit
is
2
the
permit
fee
provided
in
section
123.179,
subsection
4
.
3
5.
A
refund
of
fees
paid
shall
not
be
made
for
seasonal
4
licenses
or
permits,
or
for
fourteen-day
or
five-day
liquor
5
control
licenses,
native
wine
permits,
or
beer
permits.
In
6
addition,
a
seasonal,
fourteen-day,
or
five-day
license
or
7
permit
shall
not
be
renewed.
8
Sec.
17.
Section
123.36,
subsection
5,
paragraph
c,
Code
9
2019,
is
amended
to
read
as
follows:
10
c.
For
air
common
carriers,
each
company
shall
pay
a
11
base
annual
fee
of
five
hundred
dollars
and,
in
addition,
12
shall
quarterly
remit
to
the
division
an
amount
equal
to
13
seven
dollars
for
each
gallon
of
alcoholic
liquor
sold,
given
14
away,
or
dispensed
in
or
over
this
state
during
the
preceding
15
calendar
quarter
.
The
class
“D”
license
fee
and
tax
for
air
16
common
carriers
is
in
lieu
of
any
other
fee
or
tax
collected
17
from
the
carriers
in
this
state
for
the
possession
and
sale
of
18
alcoholic
liquor,
wine,
and
beer.
19
Sec.
18.
Section
123.36,
subsection
6,
Code
2019,
is
amended
20
to
read
as
follows:
21
6.
Any
club,
hotel,
motel,
native
distillery,
22
passenger-carrying
boat
or
ship,
railway
corporation,
air
23
common
carrier,
or
commercial
establishment
holding
a
liquor
24
control
license,
subject
to
section
123.49,
subsection
2
,
25
paragraph
“b”
,
may
apply
for
and
receive
permission
to
sell
and
26
dispense
alcoholic
beverages
as
authorized
by
section
123.30
to
27
patrons
between
the
hours
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
28
on
the
following
Monday.
A
class
“D”
liquor
control
licensee
29
may
apply
for
and
receive
permission
to
sell
and
dispense
30
alcoholic
beverages
to
patrons
for
consumption
on
the
premises
31
only
between
the
hours
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
32
on
the
following
Monday.
For
the
privilege
of
selling
beer,
33
wine,
and
alcoholic
liquor
on
the
premises
on
Sunday
the
liquor
34
control
license
fee
of
the
applicant
shall
be
increased
by
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twenty
percent
of
the
regular
fee
prescribed
for
the
license
1
pursuant
to
this
section
,
and
the
privilege
shall
be
noted
on
2
the
liquor
control
license.
3
Sec.
19.
Section
123.36,
subsection
10,
Code
2019,
is
4
amended
to
read
as
follows:
5
10.
There
is
imposed
a
surcharge
on
the
fee
for
each
class
6
“A”,
class
“B”,
class
“C”,
class
“C”
native
distilled
spirits,
7
or
special
class
“C”
liquor
control
license
equal
to
thirty
8
percent
of
the
scheduled
license
fee.
The
surcharges
collected
9
under
this
subsection
shall
be
deposited
in
the
beer
and
liquor
10
control
fund,
and
notwithstanding
subsection
8
,
no
portion
11
of
the
surcharges
collected
under
this
subsection
shall
be
12
remitted
to
the
local
authority.
13
Sec.
20.
NEW
SECTION
.
123.38A
Confidential
investigative
14
records.
15
In
order
to
assure
a
free
flow
of
information
for
16
accomplishing
the
purposes
of
section
123.4
and
section
17
123.9,
subsection
6,
all
complaint
information,
investigation
18
files,
audit
files,
and
inspection
files,
other
investigation
19
reports,
and
other
investigative
information
in
the
possession
20
of
the
division
or
employees
acting
under
the
authority
of
21
the
administrator
are
privileged
and
confidential,
and
are
22
not
subject
to
discovery,
subpoena,
or
other
means
of
legal
23
compulsion
for
their
release
before
administrative
or
criminal
24
charges
are
filed.
However,
investigative
information
in
25
the
possession
of
division
employees
may
be
disclosed
to
the
26
licensing
authorities
of
a
city
or
county
within
this
state,
27
in
another
state,
the
District
of
Columbia,
or
territory
28
or
county
in
which
the
licensee
or
permittee
is
licensed
29
or
permitted
or
has
applied
for
a
license
or
permit.
In
30
addition,
the
investigative
information
can
be
shared
with
31
any
law
enforcement
agency
or
other
state
agency
that
also
32
has
regulatory
or
enforcement
jurisdiction
authorized
by
law.
33
Records
received
by
the
division
from
other
agencies
which
34
would
be
confidential
if
created
by
the
division
are
considered
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confidential.
1
Sec.
21.
Section
123.39,
subsection
1,
Code
2019,
is
amended
2
to
read
as
follows:
3
1.
a.
(1)
The
administrator
or
the
local
authority
4
may
suspend
a
license
or
permit
issued
pursuant
to
this
5
chapter
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
6
class
“C”
native
distilled
spirits,
or
class
“E”
liquor
7
control
license
or
retail
wine
or
beer
permit
for
a
period
8
not
to
exceed
one
year,
revoke
the
license
or
permit,
or
9
impose
a
civil
penalty
not
to
exceed
one
thousand
dollars
10
per
violation.
Before
suspension,
revocation,
or
imposition
11
of
a
civil
penalty,
the
license
or
permit
holder
shall
be
12
given
written
notice
and
an
opportunity
for
a
hearing.
The
13
administrator
may
appoint
a
member
of
the
division
or
may
14
request
an
administrative
law
judge
from
the
department
of
15
inspections
and
appeals
to
conduct
the
hearing
and
issue
a
16
proposed
decision.
Upon
the
motion
of
a
party
to
the
hearing
17
or
upon
the
administrator’s
own
motion,
the
administrator
may
18
review
the
proposed
decision
in
accordance
with
chapter
17A
.
19
Upon
review
of
the
proposed
decision,
the
administrator
may
20
affirm,
reverse,
or
modify
the
proposed
decision.
A
licensee
21
or
permittee
aggrieved
by
a
decision
of
the
administrator
22
may
seek
judicial
review
of
the
administrator’s
decision
in
23
accordance
with
chapter
17A
.
24
(2)
The
administrator
may
suspend
a
certificate
25
of
compliance,
a
class
“D”
liquor
control
license,
a
26
manufacturer’s
license,
a
broker’s
permit,
a
class
“A”
native
27
distilled
spirits
license,
a
class
“A”
or
special
class
“A”
28
beer
permit,
a
charity
beer,
spirits,
and
wine
auction
permit,
29
a
class
“A”
wine
permit,
a
wine
direct
shipper’s
permit,
or
a
30
wine
carrier
permit
for
a
period
not
to
exceed
one
year,
revoke
31
the
license,
permit,
or
certificate,
or
impose
a
civil
penalty
32
not
to
exceed
one
thousand
dollars
per
violation.
33
b.
A
license
,
or
permit
,
or
certificate
of
compliance
issued
34
under
this
chapter
may
be
suspended
or
revoked,
or
a
civil
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penalty
may
be
imposed
on
the
license
or
permit
holder
by
the
1
local
authority
or
the
administrator
for
any
of
the
following
2
causes:
3
(1)
Misrepresentation
of
any
material
fact
in
the
4
application
for
the
license
,
or
permit
,
or
certificate
.
5
(2)
Violation
of
any
of
the
provisions
of
this
chapter
.
6
(3)
Any
change
in
the
ownership
or
interest
in
the
business
7
operated
under
a
liquor
control
license,
or
any
wine
or
beer
8
permit,
which
change
was
not
previously
reported
in
a
manner
9
prescribed
by
the
administrator
within
thirty
days
of
the
10
change
and
subsequently
approved
by
the
local
authority
,
when
11
applicable,
and
the
division.
12
(4)
An
event
which
would
have
resulted
in
disqualification
13
from
receiving
the
license
,
or
permit
,
or
certificate
when
14
originally
issued.
15
(5)
Any
sale,
hypothecation,
or
transfer
of
the
license
,
or
16
permit
,
or
certificate
.
17
(6)
The
failure
or
refusal
on
the
part
of
any
licensee
or
18
permittee
license,
permit,
or
certificate
holder
to
render
any
19
report
or
remit
any
taxes
to
the
division
under
this
chapter
20
when
due.
21
c.
A
criminal
conviction
is
not
a
prerequisite
to
22
suspension,
revocation,
or
imposition
of
a
civil
penalty
23
pursuant
to
this
section
.
24
d.
A
local
authority
which
acts
pursuant
to
this
section
,
25
section
123.32
,
or
section
123.50
shall
notify
the
division
26
in
writing
of
the
action
taken,
and
shall
notify
the
licensee
27
license
or
permit
holder
of
the
right
to
appeal
a
suspension,
28
revocation,
or
imposition
of
a
civil
penalty
to
the
division.
29
e.
Before
suspension,
revocation,
or
imposition
of
a
30
civil
penalty
by
the
administrator,
the
license,
permit,
31
or
certificate
holder
shall
be
given
written
notice
and
an
32
opportunity
for
a
hearing.
The
administrator
may
appoint
33
a
member
of
the
division
or
may
request
an
administrative
34
law
judge
from
the
department
of
inspections
and
appeals
to
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conduct
the
hearing
and
issue
a
proposed
decision.
Upon
the
1
motion
of
a
party
to
the
hearing
or
upon
the
administrator’s
2
own
motion,
the
administrator
may
review
the
proposed
decision
3
in
accordance
with
chapter
17A.
Upon
review
of
the
proposed
4
decision,
the
administrator
may
affirm,
reverse,
or
modify
the
5
proposed
decision.
A
license,
permit,
or
certificate
holder
6
aggrieved
by
a
decision
of
the
administrator
may
seek
judicial
7
review
of
the
administrator’s
decision
in
accordance
with
8
chapter
17A.
9
f.
Civil
penalties
imposed
and
collected
by
the
local
10
authority
under
this
section
shall
be
retained
by
the
local
11
authority.
Civil
penalties
imposed
and
collected
by
the
12
division
under
this
section
shall
be
retained
by
the
division
13
credited
to
the
general
fund
of
the
state
pursuant
to
section
14
123.17,
subsection
7
.
15
Sec.
22.
Section
123.39,
subsection
4,
Code
2019,
is
amended
16
to
read
as
follows:
17
4.
If
the
cause
for
suspension
is
a
first
offense
18
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
the
19
administrator
or
local
authority
shall
impose
a
civil
penalty
20
in
the
amount
of
five
hundred
dollars
in
lieu
of
suspension
of
21
the
license
or
permit.
Local
authorities
shall
retain
civil
22
penalties
collected
under
this
paragraph
if
the
proceeding
to
23
impose
the
penalty
is
conducted
by
the
local
authority.
The
24
division
shall
retain
civil
penalties
collected
under
this
25
paragraph
if
the
proceeding
to
impose
the
penalty
is
conducted
26
by
the
administrator
of
the
division.
27
Sec.
23.
Section
123.41,
subsection
1,
Code
2019,
is
amended
28
to
read
as
follows:
29
1.
Each
completed
application
to
obtain
or
renew
a
30
manufacturer’s
license
shall
be
submitted
to
the
division
31
electronically,
or
in
a
manner
prescribed
by
the
administrator,
32
and
shall
be
accompanied
by
a
fee
of
three
hundred
fifty
33
dollars
payable
to
the
division.
The
administrator
may
in
34
accordance
with
this
chapter
grant
and
issue
to
a
manufacturer
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a
manufacturer’s
license,
valid
for
a
one-year
period
after
1
date
of
issuance,
which
shall
allow
the
manufacture,
storage,
2
and
wholesale
disposition
and
sale
of
alcoholic
liquors
to
the
3
division
and
to
customers
outside
of
the
state.
4
Sec.
24.
Section
123.41,
Code
2019,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
3A.
A
person
who
holds
a
manufacturer’s
7
license
shall
file
with
the
division,
on
or
before
the
8
fifteenth
day
of
each
calendar
month,
all
documents
filed
9
by
the
manufacturer
with
the
alcohol
and
tobacco
tax
and
10
trade
bureau
of
the
United
States
department
of
the
treasury,
11
including
all
production,
storage,
and
processing
reports.
12
Sec.
25.
Section
123.41,
subsection
4,
Code
2019,
is
amended
13
to
read
as
follows:
14
4.
A
Any
violation
of
the
requirements
of
this
section
15
chapter
or
rules
adopted
pursuant
to
this
chapter
shall
subject
16
the
licensee
license
holder
to
the
general
penalties
provided
17
in
this
chapter
and
shall
constitute
grounds
for
imposition
of
18
a
civil
penalty
,
or
suspension
of
the
license,
or
revocation
of
19
the
license
after
notice
and
opportunity
for
a
hearing
pursuant
20
to
section
123.39
and
chapter
17A
.
21
Sec.
26.
Section
123.42,
subsection
1,
Code
2019,
is
amended
22
to
read
as
follows:
23
1.
Prior
to
representing
or
promoting
alcoholic
liquor
24
products
in
the
state,
the
broker
shall
submit
an
a
completed
25
application
to
the
division
electronically,
or
in
a
manner
26
prescribed
by
the
administrator,
for
a
broker’s
permit.
The
27
administrator
may
in
accordance
with
this
chapter
issue
a
28
broker’s
permit
which
shall
be
valid
for
one
year
from
the
date
29
of
issuance
unless
it
is
sooner
suspended
or
revoked
for
a
30
violation
of
this
chapter
.
31
Sec.
27.
Section
123.42,
Code
2019,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
7.
Any
violation
of
the
requirements
of
34
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
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shall
subject
the
permit
holder
to
the
general
penalties
1
provided
in
this
chapter
and
shall
constitute
grounds
for
2
imposition
of
a
civil
penalty,
suspension
of
the
permit,
or
3
revocation
of
the
permit
after
notice
and
opportunity
for
a
4
hearing
pursuant
to
section
123.39
and
chapter
17A.
5
Sec.
28.
Section
123.43,
subsection
1,
paragraph
b,
Code
6
2019,
is
amended
to
read
as
follows:
7
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
8
a
corporation,
limited
liability
company,
or
any
other
similar
9
legal
entity,
the
officers,
directors,
and
persons
owning
or
10
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
11
having
a
financial
interest,
by
way
of
loan,
ownership,
or
12
otherwise,
in
the
business.
13
Sec.
29.
Section
123.43A,
subsection
5,
Code
2019,
is
14
amended
to
read
as
follows:
15
5.
The
division
shall
issue
no
more
than
three
class
“A”
16
native
distilled
spirits
licenses
to
a
person.
In
addition,
17
a
A
native
distillery
issued
a
class
“A”
native
distilled
18
spirits
license
shall
file
with
the
division,
on
or
before
the
19
fifteenth
day
of
each
calendar
month,
all
documents
filed
by
20
the
native
distillery
with
the
alcohol
and
tobacco
tax
and
21
trade
bureau
of
the
United
States
department
of
the
treasury,
22
including
all
production,
storage,
and
processing
reports.
23
Sec.
30.
Section
123.49,
subsection
2,
unnumbered
paragraph
24
1,
Code
2019,
is
amended
to
read
as
follows:
25
A
person
or
club
holding
a
liquor
control
license
or
retail
26
wine
or
beer
permit
under
this
chapter
,
and
the
person’s
or
27
club’s
agents
or
employees,
shall
not
do
any
of
the
following:
28
Sec.
31.
Section
123.49,
subsection
2,
paragraph
g,
Code
29
2019,
is
amended
to
read
as
follows:
30
g.
Allow
any
person
other
than
the
licensee,
permittee,
31
or
employees
of
the
licensee
or
permittee,
to
use
or
keep
32
on
the
licensed
premises
any
alcoholic
liquor
in
any
bottle
33
or
other
container
which
is
designed
for
the
transporting
of
34
such
beverages,
except
as
permitted
in
section
123.95
.
This
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paragraph
does
not
apply
to
the
lodging
quarters
of
a
class
“B”
1
liquor
control
licensee
or
wine
or
beer
permittee,
or
to
common
2
carriers
holding
holders
of
a
class
“D”
liquor
control
license.
3
Sec.
32.
Section
123.50,
subsections
2
and
4,
Code
2019,
are
4
amended
to
read
as
follows:
5
2.
The
conviction
of
any
liquor
control
licensee
or
wine
6
or
beer
permittee
for
a
violation
of
any
of
the
provisions
7
of
section
123.49
,
subject
to
subsection
3
of
this
section
,
8
is
grounds
for
the
suspension
or
revocation
of
the
license
9
or
permit
by
the
division
or
the
local
authority.
However,
10
if
any
liquor
control
licensee
is
convicted
of
any
violation
11
of
section
123.49,
subsection
2
,
paragraph
“a”
,
“d”
,
or
“e”
,
12
or
any
wine
or
beer
permittee
is
convicted
of
a
violation
of
13
section
123.49,
subsection
2
,
paragraph
“a”
or
“e”
,
the
liquor
14
control
license
or
wine
or
beer
permit
shall
be
revoked
and
15
shall
immediately
be
surrendered
by
the
holder,
and
the
bond,
16
if
any,
of
the
license
or
permit
holder
shall
be
forfeited
to
17
the
division.
However,
the
division
shall
retain
only
that
18
portion
of
the
bond
equal
to
the
amount
the
division
determines
19
the
license
or
permit
holder
owes
the
division.
20
4.
In
addition
to
any
other
penalties
imposed
under
this
21
chapter
,
the
division
shall
assess
a
civil
penalty
up
to
the
22
amount
of
five
thousand
dollars
upon
a
class
“E”
liquor
control
23
licensee
when
the
class
“E”
liquor
license
is
revoked
for
a
24
violation
of
section
123.59
.
Failure
to
pay
the
civil
penalty
25
as
required
under
this
subsection
shall
result
in
forfeiture
of
26
the
bond
to
the
division.
However,
the
division
shall
retain
27
only
that
portion
of
the
bond
equal
to
the
amount
the
division
28
determines
the
license
or
permit
holder
owes
the
division.
29
Sec.
33.
Section
123.56,
subsection
1,
Code
2019,
is
amended
30
to
read
as
follows:
31
1.
Subject
to
rules
of
the
division,
manufacturers
of
32
native
wines
from
grapes,
cherries,
other
fruits
or
other
fruit
33
juices,
vegetables,
vegetable
juices,
dandelions,
clover,
34
honey,
or
any
combination
of
these
ingredients,
holding
a
class
35
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641
“A”
wine
permit
as
required
by
this
chapter
,
may
sell,
keep,
or
1
offer
for
sale
and
deliver
the
wine.
Notwithstanding
section
2
123.24,
subsection
4
1A,
paragraph
“b”
,
or
any
other
provision
3
of
this
chapter
,
manufacturers
of
native
wine
may
obtain
and
4
possess
grape
brandy
from
the
division
for
the
sole
purpose
of
5
manufacturing
wine.
6
Sec.
34.
Section
123.56,
subsection
4,
Code
2019,
is
amended
7
to
read
as
follows:
8
4.
Notwithstanding
section
123.179,
subsection
1
,
a
A
9
class
“A”
wine
permit
issued
for
a
native
wine
manufacturer
10
shall
be
issued
and
renewed
annually
upon
payment
of
a
fee
of
11
twenty-five
dollars
which
shall
be
in
lieu
of
any
other
license
12
fee
required
by
this
chapter
.
The
class
“A”
permit
shall
only
13
allow
the
native
wine
manufacturer
to
sell,
keep,
or
offer
for
14
sale
and
deliver
the
manufacturer’s
native
wines
as
provided
15
under
this
section
.
16
Sec.
35.
Section
123.56,
Code
2019,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
7A.
A
manufacturer
of
native
wines
shall
19
file
with
the
division,
on
or
before
the
fifteenth
day
of
20
each
calendar
month,
all
documents
filed
with
the
alcohol
and
21
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
22
the
treasury,
including
all
wine
premises
operations
and
excise
23
tax
return
reports.
24
Sec.
36.
Section
123.95,
subsections
1
and
2,
Code
2019,
are
25
amended
to
read
as
follows:
26
1.
A
person
shall
not
allow
the
dispensing
or
consumption
of
27
alcoholic
liquor,
except
wines
and
beer,
in
any
establishment
28
unless
the
establishment
is
licensed
under
this
chapter
or
29
except
as
otherwise
provided
in
this
section
.
30
2.
a.
The
holder
of
an
annual
class
“B”
liquor
control
31
license
or
an
annual
class
“C”
liquor
control
license
may
32
act
as
the
agent
of
a
private
social
host
for
the
purpose
33
of
providing
and
serving
alcoholic
liquor,
wine,
and
beer
34
beverages
as
part
of
a
food
catering
service
for
a
private
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641
social
gathering
in
a
private
place
,
provided
the
licensee
1
has
applied
for
and
been
granted
a
catering
privilege
by
the
2
division
.
The
holder
of
an
annual
special
class
“C”
liquor
3
control
license
shall
not
act
as
the
agent
of
a
private
social
4
host
for
the
purpose
of
providing
and
serving
wine
and
beer
as
5
part
of
a
food
catering
service
for
a
private
social
gathering
6
in
a
private
place.
An
applicant
for
a
class
“B”
or
class
“C”
7
liquor
control
license
shall
state
on
the
application
for
the
8
license
that
the
licensee
intends
to
engage
in
catering
food
9
and
alcoholic
beverages
for
private
social
gatherings
and
the
10
catering
privilege
shall
be
noted
on
the
license.
11
b.
The
private
social
host
or
the
licensee
shall
not
solicit
12
donations
in
payment
of
any
kind,
including
donations,
for
the
13
food
or
alcoholic
beverages
from
the
guests,
and
the
alcoholic
14
beverages
and
food
shall
be
served
without
cost
to
the
guests.
15
c.
Section
123.92
does
not
apply
to
a
liquor
control
16
licensee
who
acts
in
accordance
with
this
section
when
the
17
liquor
control
licensee
is
providing
and
serving
food
and
18
alcoholic
beverages
as
an
agent
of
a
private
social
host
at
a
19
private
social
gathering
in
a
private
place
which
is
not
on
the
20
licensed
premises.
21
2.
An
applicant
for
a
class
“B”
liquor
control
license
or
22
class
“C”
liquor
control
license
shall
state
on
the
application
23
for
the
license
that
the
licensee
intends
to
engage
in
catering
24
food
and
alcoholic
beverages
for
private
social
gatherings
and
25
the
catering
privilege
shall
be
noted
on
the
license
or
permit.
26
d.
A
licensee
who
engages
in
catering
food
and
alcoholic
27
beverages
for
private
social
gatherings
shall
maintain
a
record
28
on
the
licensed
premises
which
includes
the
name
and
address
29
of
the
host
of
the
private
social
gathering,
and
the
date
for
30
which
catering
was
provided.
The
record
maintained
pursuant
to
31
this
section
shall
be
open
to
inspection
pursuant
to
section
32
123.30,
subsection
1
,
during
normal
business
hours
of
the
33
licensee.
34
Sec.
37.
Section
123.122,
Code
2019,
is
amended
by
striking
35
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641
the
section
and
inserting
in
lieu
thereof
the
following:
1
123.122
Beer
certificate,
permit,
or
license
required
——
2
exception
for
personal
use.
3
1.
A
person
shall
not
cause
the
manufacture,
importation,
4
or
sale
of
beer
in
this
state
unless
a
certificate
or
permit
5
as
provided
in
this
subchapter,
or
a
liquor
control
license
as
6
provided
in
subchapter
1
of
this
chapter,
is
first
obtained
7
which
authorizes
that
manufacture,
importation,
or
sale.
8
2.
Any
person
of
legal
age
may
manufacture
beer
for
9
personal
use
without
a
class
“A”
beer
permit,
subject
to
the
10
requirements
of
this
subsection.
Such
beer
may
be
consumed
11
on
the
premises
or
removed
from
the
premises
where
it
was
12
manufactured
only
if
the
beer
is
not
sold,
exchanged,
bartered,
13
dispensed,
or
given
in
consideration
of
purchase
for
any
14
property
or
services
or
in
evasion
of
the
requirements
of
this
15
chapter.
16
3.
Except
as
otherwise
provided
in
this
chapter,
a
person
17
shall
not
import
beer.
However,
an
individual
of
legal
age
18
may
import
beer
into
the
state
without
a
certificate,
permit,
19
or
license
an
amount
of
beer
not
to
exceed
four
and
one-half
20
gallons
per
calendar
month
that
the
individual
personally
21
obtained
outside
the
state
or,
in
the
case
of
beer
personally
22
obtained
outside
the
United
States,
a
quantity
which
does
23
not
exceed
the
amount
allowed
by
federal
law
governing
the
24
importation
of
alcoholic
beverages
into
the
United
States
25
for
personal
consumption.
Beer
imported
pursuant
to
this
26
section
shall
be
for
personal
consumption
in
a
private
home
or
27
other
private
accommodation
and
only
if
the
beer
is
not
sold,
28
exchanged,
bartered,
dispensed,
or
given
in
consideration
of
29
purchase
for
any
property
or
services
or
in
evasion
of
the
30
requirements
of
this
chapter.
31
Sec.
38.
Section
123.127,
subsection
1,
unnumbered
32
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
33
A
person
applying
for
a
class
“A”
or
special
class
“A”
beer
34
permit
shall
submit
an
a
completed
application
electronically,
35
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or
in
a
manner
prescribed
by
the
administrator,
which
shall
set
1
forth
under
oath
the
following:
2
Sec.
39.
Section
123.127,
subsection
1,
paragraph
b,
Code
3
2019,
is
amended
to
read
as
follows:
4
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
5
a
corporation,
limited
liability
company,
or
any
other
similar
6
legal
entity,
the
officers,
directors,
and
persons
owning
or
7
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
8
having
a
financial
interest,
by
way
of
loan,
ownership,
or
9
otherwise,
in
the
business.
10
Sec.
40.
Section
123.130,
subsection
1,
Code
2019,
is
11
amended
to
read
as
follows:
12
1.
Any
person
holding
a
class
“A”
beer
permit
issued
by
the
13
division
shall
be
authorized
to
manufacture
and
sell,
or
sell
14
at
wholesale,
beer
for
consumption
off
the
premises,
such
sales
15
within
the
state
to
be
made
only
to
persons
holding
subsisting
16
class
“A”,
“B”,
or
“C”
beer
permits,
both
a
class
“C”
native
17
wine
permit
and
a
class
“A”
wine
permit
pursuant
to
section
18
123.178B,
subsection
4
,
or
liquor
control
licenses
issued
in
19
accordance
with
the
provisions
of
this
chapter
.
A
person
20
holding
a
class
“A”
beer
permit
may
sell
beer
to
distributors
21
outside
of
the
state
that
are
authorized
by
the
laws
of
that
22
jurisdiction
to
sell
beer
at
wholesale.
A
class
“A”
or
special
23
class
“A”
beer
permit
does
not
grant
authority
to
manufacture
24
wine
as
defined
in
section
123.3,
subsection
48
.
25
Sec.
41.
Section
123.130,
Code
2019,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
1A.
Pursuant
to
section
123.45,
subsection
28
2,
a
native
brewery
may
be
granted
not
more
than
one
class
“B”
29
beer
permit
as
defined
in
section
123.124
for
the
purpose
of
30
selling
beer
at
retail
for
consumption
on
or
off
the
premises
31
of
the
manufacturing
facility.
32
Sec.
42.
Section
123.130,
Code
2019,
is
amended
by
adding
33
the
following
new
subsection:
34
NEW
SUBSECTION
.
4.
A
manufacturer
of
beer
issued
a
class
35
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641
“A”
or
special
class
“A”
beer
permit
shall
file
with
the
1
division,
on
or
before
the
fifteenth
day
of
each
calendar
2
month,
all
documents
filed
with
the
alcohol
and
tobacco
tax
and
3
trade
bureau
of
the
United
States
department
of
the
treasury,
4
including
all
brewer’s
operation
and
excise
tax
return
reports.
5
Sec.
43.
Section
123.131,
subsection
2,
unnumbered
6
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
7
Subject
to
the
rules
of
the
division,
sales
of
beer
for
8
consumption
off
the
premises
made
pursuant
to
this
section
9
may
be
made
in
a
container
other
than
the
original
container
10
only
if
the
container
is
carried
into
an
immediately
adjacent
11
licensed
or
permitted
premises
covered
by
a
license
or
permit
12
that
authorizes
the
consumption
of
beer
,
temporary
temporarily
13
closed
public
right-of-way,
or
a
private
property
place
,
or
if
14
all
of
the
following
requirements
are
met:
15
Sec.
44.
Section
123.135,
subsection
1,
Code
2019,
is
16
amended
to
read
as
follows:
17
1.
A
manufacturer,
brewer,
bottler,
importer,
or
vendor
of
18
beer,
or
any
agent
thereof,
desiring
to
ship
or
sell
beer,
or
19
have
beer
brought
into
this
state
for
resale
by
a
class
“A”
20
beer
permittee,
shall
first
make
application
for
and
be
issued
21
a
brewer’s
certificate
of
compliance
by
the
administrator
for
22
that
purpose.
The
certificate
of
compliance
expires
at
the
23
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
24
for
a
like
period
upon
application
to
the
administrator
unless
25
otherwise
revoked
for
cause.
Each
completed
application
for
26
a
certificate
of
compliance
or
renewal
of
a
certificate
shall
27
be
submitted
electronically,
or
in
a
manner
prescribed
by
28
the
administrator,
and
shall
be
accompanied
by
a
fee
of
five
29
hundred
dollars
payable
to
the
division.
Each
holder
of
a
30
certificate
of
compliance
shall
furnish
the
information
in
a
31
manner
the
administrator
requires.
32
Sec.
45.
Section
123.135,
subsection
5,
Code
2019,
is
33
amended
by
striking
the
subsection
and
inserting
in
lieu
34
thereof
the
following:
35
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641
5.
Any
violation
of
the
requirements
of
this
chapter
or
1
the
rules
adopted
pursuant
to
this
chapter
shall
subject
the
2
holder
of
a
brewer’s
certificate
of
compliance
or
a
class
“A”
3
beer
permit
holder
to
the
general
penalties
provided
in
this
4
chapter
and
shall
constitute
grounds
for
imposition
of
a
civil
5
penalty,
suspension
of
the
certificate
or
permit,
or
revocation
6
of
the
certificate
or
permit
after
notice
and
opportunity
for
a
7
hearing
pursuant
to
section
123.39
and
chapter
17A.
8
Sec.
46.
Section
123.136,
subsection
1,
Code
2019,
is
9
amended
to
read
as
follows:
10
1.
In
addition
to
the
annual
permit
fee
to
be
paid
by
11
all
class
“A”
beer
permittees
under
this
chapter
there
shall
12
be
levied
and
collected
from
the
permittees
on
all
beer
13
manufactured
for
sale
or
sold
in
this
state
at
wholesale
and
14
on
all
beer
imported
into
this
state
for
sale
at
wholesale
and
15
sold
in
this
state
at
wholesale,
and
from
special
class
“A”
16
beer
permittees
on
all
beer
manufactured
for
consumption
on
the
17
premises
and
on
all
beer
sold
at
retail
at
the
manufacturing
18
premises
for
consumption
off
the
premises
pursuant
to
section
19
123.130,
subsection
3
,
a
tax
of
five
and
eighty-nine
hundredths
20
dollars
for
every
barrel
containing
thirty-one
gallons,
and
at
21
a
like
rate
for
any
other
quantity
or
for
the
fractional
part
22
of
a
barrel.
However,
no
tax
shall
be
levied
or
collected
on
23
beer
shipped
outside
this
state
by
a
class
“A”
beer
permittee
24
or
special
class
“A”
beer
permittee
or
on
beer
sold
to
a
class
25
“A”
beer
permittee
by
one
a
special
class
“A”
beer
permittee
to
26
or
another
class
“A”
beer
permittee.
27
Sec.
47.
Section
123.143,
subsection
3,
Code
2019,
is
28
amended
to
read
as
follows:
29
3.
Barrel
tax
revenues
collected
on
beer
manufactured
in
30
this
state
from
a
class
“A”
beer
permittee
which
owns
and
31
operates
a
native
brewery
located
in
Iowa
shall
be
credited
32
to
the
barrel
tax
fund
hereby
created
in
the
office
of
the
33
treasurer
of
state.
Moneys
deposited
in
the
barrel
tax
fund
34
shall
not
revert
to
the
general
fund
of
the
state
without
a
35
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641
specific
appropriation
by
the
general
assembly.
Moneys
in
the
1
barrel
tax
fund
are
appropriated
to
the
economic
development
2
authority
for
purposes
of
section
15E.117
.
3
Sec.
48.
Section
123.173A,
subsection
2,
Code
2019,
is
4
amended
to
read
as
follows:
5
2.
An
authorized
nonprofit
entity
may,
upon
application
6
to
the
division
and
receipt
of
a
charity
beer,
spirits,
and
7
wine
auction
permit
from
the
division,
conduct
a
charity
8
auction
which
includes
beer,
spirits,
and
wine.
The
completed
9
application
shall
specify
the
date
and
time
when
the
charity
10
beer,
spirits,
and
wine
auction
is
to
be
conducted
and
the
11
premises
in
this
state
where
the
charity
beer,
spirits,
and
12
wine
auction
is
to
be
physically
conducted.
The
applicant
13
shall
certify
that
the
objective
of
the
charity
beer,
spirits,
14
and
wine
auction
is
to
raise
funds
solely
to
be
used
for
15
educational,
religious,
or
charitable
purposes
and
that
the
16
entire
proceeds
from
the
charity
beer,
spirits,
and
wine
17
auction
are
to
be
expended
for
any
of
the
purposes
described
in
18
section
423.3,
subsection
78
.
19
Sec.
49.
Section
123.173A,
Code
2019,
is
amended
by
adding
20
the
following
new
subsection:
21
NEW
SUBSECTION
.
8.
Any
violation
of
the
requirements
of
22
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
23
shall
subject
the
permit
holder
to
the
general
penalties
24
provided
in
this
chapter
and
shall
constitute
grounds
for
25
imposition
of
a
civil
penalty,
suspension
of
the
permit,
or
26
revocation
of
the
permit
after
notice
and
opportunity
for
a
27
hearing
pursuant
to
section
123.39
and
chapter
17A.
28
Sec.
50.
Section
123.175,
subsection
1,
unnumbered
29
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
30
A
person
applying
for
a
class
“A”
or
retail
wine
permit
31
shall
submit
an
a
completed
application
electronically,
or
in
a
32
manner
prescribed
by
the
administrator,
which
shall
set
forth
33
under
oath
the
following:
34
Sec.
51.
Section
123.175,
subsection
1,
paragraph
b,
Code
35
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641
2019,
is
amended
to
read
as
follows:
1
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
2
a
corporation,
limited
liability
company,
or
any
other
similar
3
legal
entity,
the
officers,
directors,
and
persons
owning
or
4
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
5
having
a
financial
interest,
by
way
of
loan,
ownership,
or
6
otherwise,
in
the
business.
7
Sec.
52.
Section
123.177,
subsection
1,
Code
2019,
is
8
amended
to
read
as
follows:
9
1.
A
person
holding
a
class
“A”
wine
permit
may
manufacture
10
and
sell,
or
sell
at
wholesale,
wine
for
consumption
off
the
11
premises.
Sales
within
the
state
may
be
made
only
to
persons
12
holding
a
class
“A”
or
“B”
wine
permit
and
to
persons
holding
a
13
retail
liquor
control
license.
However,
if
the
person
holding
14
the
class
“A”
permit
is
a
manufacturer
of
native
wine,
the
15
person
may
sell
only
native
wine
to
a
person
holding
a
retail
16
wine
permit
or
a
retail
liquor
control
license.
A
person
17
holding
a
class
“A”
wine
permit
may
sell
wine
to
distributors
18
outside
of
the
state
that
are
authorized
by
the
laws
of
that
19
jurisdiction
to
sell
wine
at
wholesale.
A
class
“A”
wine
20
permittee
having
more
than
one
place
of
business
shall
obtain
a
21
separate
permit
for
each
place
of
business
where
wine
is
to
be
22
manufactured,
stored,
warehoused,
or
sold.
23
Sec.
53.
Section
123.179,
subsection
1,
Code
2019,
is
24
amended
to
read
as
follows:
25
1.
The
annual
permit
fee
for
a
class
“A”
wine
permit
that
26
is
not
issued
to
a
native
wine
manufacturer
is
seven
hundred
27
fifty
dollars.
28
Sec.
54.
Section
123.179,
Code
2019,
is
amended
by
adding
29
the
following
new
subsection:
30
NEW
SUBSECTION
.
1A.
The
annual
permit
fee
for
a
class
“A”
31
wine
permit
issued
to
a
native
wine
manufacturer
is
twenty-five
32
dollars.
33
Sec.
55.
Section
123.180,
subsection
1,
Code
2019,
is
34
amended
to
read
as
follows:
35
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641
1.
A
manufacturer,
vintner,
bottler,
importer,
or
vendor
of
1
wine,
or
an
agent
thereof,
desiring
to
ship,
sell,
or
have
wine
2
brought
into
this
state
for
sale
at
wholesale
by
a
class
“A”
3
permittee
shall
first
make
application
for
and
shall
be
issued
4
a
vintner’s
certificate
of
compliance
by
the
administrator
5
for
that
purpose.
The
vintner’s
certificate
of
compliance
6
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
7
and
shall
be
renewed
for
a
like
period
upon
application
to
8
the
administrator
unless
otherwise
revoked
for
cause.
Each
9
completed
application
for
a
vintner’s
certificate
of
compliance
10
or
renewal
of
a
certificate
shall
be
submitted
electronically,
11
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
12
accompanied
by
a
fee
of
one
hundred
dollars
payable
to
the
13
division.
Each
holder
of
a
vintner’s
certificate
of
compliance
14
shall
furnish
the
information
required
by
the
administrator
in
15
the
form
the
administrator
requires.
A
vintner
or
wine
bottler
16
whose
plant
is
located
in
Iowa
and
who
otherwise
holds
a
class
17
“A”
wine
permit
to
sell
wine
at
wholesale
is
exempt
from
the
18
fee,
but
not
the
other
terms
and
conditions.
The
holder
of
a
19
vintner’s
certificate
of
compliance
may
also
hold
a
class
“A”
20
wine
permit.
21
Sec.
56.
Section
123.180,
subsection
6,
Code
2019,
is
22
amended
by
striking
the
subsection
and
inserting
in
lieu
23
thereof
the
following:
24
6.
Any
violation
of
the
requirements
of
this
chapter
or
25
the
rules
adopted
pursuant
to
this
chapter
shall
subject
the
26
holder
of
a
vintner’s
certificate
of
compliance
or
a
class
“A”
27
wine
permit
holder
to
the
general
penalties
provided
in
this
28
chapter
and
shall
constitute
grounds
for
imposition
of
a
civil
29
penalty,
suspension
of
the
certificate
or
permit,
or
revocation
30
of
the
certificate
or
permit
after
notice
and
opportunity
for
a
31
hearing
pursuant
to
section
123.39
and
chapter
17A.
32
Sec.
57.
Section
123.183,
subsection
1,
Code
2019,
is
33
amended
to
read
as
follows:
34
1.
In
addition
to
the
annual
permit
fee
to
be
paid
by
each
35
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641
class
“A”
wine
permittee,
a
wine
gallonage
tax
shall
be
levied
1
and
collected
from
each
class
“A”
wine
permittee
on
all
wine
2
manufactured
for
sale
and
sold
in
this
state
at
wholesale
and
3
on
all
wine
imported
into
this
state
for
sale
at
wholesale
and
4
sold
in
this
state
at
wholesale.
A
wine
gallonage
tax
shall
5
also
be
levied
and
collected
on
the
direct
shipment
of
wine
6
pursuant
to
section
123.187
.
The
rate
of
the
wine
gallonage
7
tax
is
one
dollar
and
seventy-five
cents
for
each
wine
gallon.
8
The
same
rate
shall
apply
for
the
fractional
parts
of
a
9
wine
gallon.
The
wine
gallonage
tax
shall
not
be
levied
or
10
collected
on
wine
sold
by
one
class
“A”
wine
permittee
to
11
another
class
“A”
wine
permittee
or
on
wine
that
is
sold
by
a
12
class
“A”
wine
permittee
to
a
distributor
outside
of
the
state
.
13
Sec.
58.
Section
123.186,
subsection
1,
Code
2019,
is
14
amended
to
read
as
follows:
15
1.
The
division
shall
adopt
as
rules
the
substance
of
the
16
federal
regulations
27
C.F.R.
17
pt.
6
,
27
C.F.R.
pt.
8
,
27
C.F.R.
pt.
10,
and
27
C.F.R.
pt.
11
as
they
relate
to
transactions
18
between
wholesalers
and
retailers
.
19
Sec.
59.
Section
123.187,
subsection
3,
paragraph
d,
Code
20
2019,
is
amended
to
read
as
follows:
21
d.
All
containers
of
wine
shipped
directly
to
a
resident
22
of
this
state
shall
be
shipped
by
a
holder
of
a
wine
carrier
23
permit
as
provided
in
subsection
6
section
123.188
.
24
Sec.
60.
Section
123.187,
subsection
6,
Code
2019,
is
25
amended
by
striking
the
subsection.
26
Sec.
61.
NEW
SECTION
.
123.188
Wine
carrier
——
permit
and
27
requirements.
28
1.
A
person
desiring
to
deliver
wine
subject
to
direct
29
shipment
within
this
state
pursuant
to
section
123.187
shall
30
submit
an
application
for
a
wine
carrier
permit
electronically,
31
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
32
accompanied
by
a
fee
in
the
amount
of
one
hundred
dollars.
33
2.
The
administrator
may
in
accordance
with
this
chapter
34
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issue
a
wine
carrier
permit
which
shall
be
valid
for
one
year
35
from
the
date
of
issuance
unless
it
is
sooner
suspended
or
1
revoked
for
a
violation
of
this
chapter.
2
3.
A
permit
issued
pursuant
to
this
section
may
be
3
renewed
annually
by
submitting
a
renewal
application
with
the
4
administrator
in
a
manner
prescribed
by
the
administrator,
5
accompanied
by
the
one
hundred
dollar
permit
fee.
6
4.
The
delivery
of
wine
pursuant
to
this
section
shall
be
7
subject
to
the
following
requirements
and
restrictions:
8
a.
A
wine
carrier
permittee
shall
not
deliver
wine
to
9
any
person
under
twenty-one
years
of
age,
or
to
any
person
10
who
either
is
or
appears
to
be
in
an
intoxicated
state
or
11
condition.
12
b.
A
wine
carrier
permittee
shall
obtain
valid
proof
of
13
identity
and
age
prior
to
delivery,
and
shall
obtain
the
14
signature
of
an
adult
as
a
condition
of
delivery.
15
c.
A
wine
carrier
permittee
shall
maintain
records
of
wine
16
shipped
which
include
the
permit
number
and
name
of
the
wine
17
manufacturer,
quantity
of
wine
shipped,
recipient’s
name
and
18
address,
and
an
electronic
or
paper
form
of
signature
from
19
the
recipient
of
the
wine.
Records
shall
be
submitted
to
20
the
division
on
a
monthly
basis
in
a
form
and
manner
to
be
21
determined
by
the
division.
22
5.
A
violation
of
this
section
shall
subject
the
permittee
23
to
the
general
penalties
provided
in
this
chapter
and
shall
24
constitute
grounds
for
imposition
of
a
civil
penalty
or
25
suspension
or
revocation
of
the
permit
pursuant
to
section
26
123.39.
27
Sec.
62.
CODE
EDITOR
DIRECTIVE.
28
1.
The
Code
editor
is
directed
to
make
the
following
29
transfer:
30
Section
123.56
to
section
123.176.
31
2.
The
Code
editor
is
directed
to
correct
internal
32
references
in
the
Code
as
necessary
due
to
enactment
of
this
33
section.
34
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641
Sec.
63.
REPEAL.
Sections
123.144
and
123.146,
Code
2019,
35
are
repealed.
1
DIVISION
II
2
ALCOHOLIC
BEVERAGE
DELIVERIES
3
Sec.
64.
Section
123.46A,
subsection
1,
Code
2019,
is
4
amended
to
read
as
follows:
5
1.
Licensees
and
permittees
authorized
to
sell
alcoholic
6
liquor,
wine,
or
beer
in
original
unopened
containers
for
7
consumption
off
the
licensed
premises
may
deliver
alcoholic
8
liquor,
wine,
or
beer
to
a
home
,
another
licensed
premises
if
9
there
is
identical
ownership
of
the
premises
by
the
licensee
10
or
permittee,
or
other
designated
location
in
this
state.
11
Deliveries
shall
be
limited
to
alcoholic
beverages
authorized
12
by
the
licensee’s
or
permittee’s
license
or
permit.
13
Sec.
65.
Section
123.46A,
subsection
2,
paragraph
a,
Code
14
2019,
is
amended
to
read
as
follows:
15
a.
Payment
for
the
alcoholic
liquor,
wine,
or
beer
shall
be
16
received
on
the
licensed
premises
by
the
licensee
or
permittee
17
at
the
time
of
order.
18
Sec.
66.
Section
123.46A,
subsection
2,
Code
2019,
is
19
amended
by
adding
the
following
new
paragraphs:
20
NEW
PARAGRAPH
.
0b.
Orders
for
deliveries
may
be
taken
by
21
the
licensee
or
permittee
between
the
hours
of
2:00
a.m.
and
22
6:00
a.m.
on
a
day
other
than
Sunday,
and
orders
for
deliveries
23
may
be
taken
between
the
hours
of
2:00
a.m.
and
8:00
a.m.
on
a
24
Sunday
provided
the
licensee
or
permittee
has
been
granted
the
25
privilege
of
selling
alcoholic
liquor,
wine,
or
beer
on
Sunday,
26
notwithstanding
any
provision
of
section
123.49,
subsection
2,
27
paragraph
“b”
,
to
the
contrary.
28
NEW
PARAGRAPH
.
k.
Orders
delivered
to
another
licensed
29
premises
shall
contain
only
those
alcoholic
beverages
30
authorized
for
sale
by
the
liquor
control
license
or
retail
31
wine
or
beer
permit
covering
the
premises
to
receive
the
32
delivery.
33
NEW
PARAGRAPH
.
l.
Orders
delivered
to
another
licensed
34
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641
premises
shall
be
fulfilled
using
the
alcoholic
beverages
35
inventory
owned
by
the
licensee
or
permittee
who
received
the
1
order
for
delivery.
If
the
recipient
refuses
or
fails
to
pick
2
up
the
delivery,
or
is
ineligible
to
receive
the
delivery,
3
the
alcoholic
beverages
shall
be
returned
to
the
licensee
or
4
permittee
who
fulfilled
the
order.
5
Sec.
67.
Section
123.49,
subsection
2,
paragraph
d,
6
subparagraph
(1),
Code
2019,
is
amended
to
read
as
follows:
7
(1)
Keep
on
premises
covered
by
a
liquor
control
license
8
any
alcoholic
liquor
in
any
container
except
the
original
9
package
purchased
from
the
division,
and
except
mixed
drinks
10
or
cocktails
mixed
on
the
premises
for
immediate
consumption
11
on
the
licensed
premises
or
as
otherwise
provided
by
this
12
paragraph
“d”
.
This
prohibition
does
not
apply
to
common
13
carriers
holding
holders
of
a
class
“D”
liquor
control
license
14
or
to
alcoholic
liquor
delivered
in
accordance
with
section
15
123.46A
.
16
Sec.
68.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
17
deemed
of
immediate
importance,
takes
effect
upon
enactment.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
concerns
alcoholic
beverage
control
and
matters
22
under
the
purview
of
the
alcoholic
beverages
division
of
the
23
department
of
commerce.
24
DIVISION
I
——
ALCOHOLIC
BEVERAGE
CONTROL.
Code
section
25
123.3,
providing
definitions,
is
amended.
The
bill
amends
the
26
definitions
for
“alcoholic
liquor”,
“beer”,
“high
alcoholic
27
content
beer”,
and
“wine”,
by
removing
references
to
a
percent
28
of
alcohol
by
weight
and,
if
not
already
included
in
the
29
definition,
providing
for
the
percent
of
alcohol
by
volume
for
30
each
definition.
In
addition,
the
bill
strikes
the
exclusion
31
of
mixed
drinks
or
cocktails
mixed
on
the
premises
from
the
32
definition
of
“beer”.
The
definition
of
“application”
is
33
amended
by
adding
certificate.
The
definition
of
“licensed
34
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premises”
is
amended
by
striking
areas
susceptible
of
precise
35
definition
from
what
may
constitute
a
single
licensed
premises.
1
The
definition
of
“person”
is
also
amended
to
add
limited
2
liability
companies
and
to
add,
in
relation
to
corporations
3
and
limited
liability
companies,
other
similar
legal
entities.
4
The
bill
also
adds
definitions
for
“completed
application”,
5
“mixed
drink
or
cocktail”,
“native
brewery”,
and
“private
6
place”.
“Completed
application”
is
defined
as
an
application
7
for
a
license,
permit,
or
certificate
where
all
necessary
fees
8
or
bonds
have
been
paid
or
submitted
and
the
applicant
has
9
provided
all
information
to
the
alcoholic
beverages
division.
10
The
bill
makes
corresponding
changes
in
Code
chapter
123
11
referencing
the
requirement
to
file
a
completed
application
for
12
a
particular
license,
permit,
or
certificate.
“Mixed
drink
or
13
cocktail”
is
defined
as
an
alcoholic
beverage,
consisting
in
14
whole
or
in
part
of
alcoholic
liquors,
that
is
combined
with
15
other
alcoholic
or
nonalcoholic
beverages.
“Native
brewery”
is
16
defined
as
a
business
that
manufactures
beer
or
high
alcoholic
17
content
beer
by
a
person
holding
a
class
“A”
beer
permit
that
18
authorizes
the
manufacture.
“Private
place”
is
defined
as
19
a
location
which,
at
the
time
alcoholic
beverages
are
kept,
20
dispensed,
or
consumed,
does
not
provide
access
to
the
general
21
public,
limits
access
to
bona
fide
social
hosts
and
invited
22
guests,
is
not
of
a
commercial
nature,
does
not
provide
for
23
the
sale
and
purchase
of
goods
and
services,
is
not
a
licensed
24
premises,
and
does
not
charge
admission.
25
Code
section
123.10,
concerning
rules,
is
amended
to
26
authorize
the
alcoholic
beverages
division
to
prescribe
a
27
uniform
fee
to
be
assessed
against
certain
licensees
and
28
permittees
to
recover
administrative
costs
incurred
relating
29
to
the
failure
of
a
licensee
or
permittee
to
maintain
30
dramshop
liability
insurance
coverage
and
for
contested
case
31
proceedings.
32
Code
section
123.23,
concerning
distiller’s
certificate
of
33
compliance,
is
amended
to
specifically
provide
that
the
general
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penalty
provisions
of
the
Code
chapter
apply
to
any
violation
35
of
the
Code
chapter
or
rules
adopted
pursuant
to
the
Code
1
chapter
by
a
holder
of
a
distiller’s
certificate
of
compliance.
2
Code
section
123.24,
relating
to
liquor
prices,
is
amended
3
to
contain
all
current
provisions
of
the
Code
section
relating
4
to
establishing
liquor
prices
sold
by
the
alcoholic
beverages
5
division
in
a
new
Code
subsection.
6
Code
section
123.27,
concerning
sales
and
deliveries
of
7
alcoholic
liquor
from
the
state
warehouse,
is
amended
to
8
eliminate
the
restriction
on
sales
and
deliveries
on
Sunday.
9
Code
section
123.30,
concerning
liquor
control
licenses,
is
10
amended.
The
bill
provides
that
a
liquor
control
license
not
11
be
issued
for
a
premises
that
does
not
constitute
a
safe
and
12
proper
place
or
building.
The
bill
also
strikes
a
provision
13
that
allowed
a
person
holding
a
liquor
control
license
to
14
permit
a
customer
to
carry
an
open
container
of
alcoholic
15
liquor
from
the
licensed
premises
to
an
adjacent
licensed
16
premises,
temporary
closed
public
right-of-way,
or
private
17
property.
18
Code
section
123.31,
concerning
liquor
control
license
19
applications,
is
amended
to
provide
that
officers,
directors,
20
and
persons
owning
at
least
10
percent
of
stock
in
a
limited
21
liability
company
or
other
similar
legal
entity
shall
be
22
included
on
the
application
for
a
license.
23
Code
section
123.32,
concerning
action
by
local
authorities
24
and
the
alcoholic
beverages
division
on
applications
for
25
certain
licenses
and
permits
is
amended.
The
bill
adds
a
26
completed
application
for
a
certificate
of
compliance
to
27
the
list
of
applications
covered
by
the
Code
section
and
28
specifically
lists
all
completed
applications
for
licenses,
29
permits,
and
certificates
that
shall
be
submitted
to
the
30
alcoholic
beverages
division.
The
bill
also
allows
the
31
administrator
of
the
alcoholic
beverages
division
to
notify
32
an
applicant
of
a
disapproval
of
an
application
by
personal
33
service.
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Code
section
123.34,
concerning
seasonal
and
shorter
35
duration
licenses
and
permits,
is
amended
to
specifically
1
authorize
these
types
of
permits
for
class
“B”
and
class
“C”
2
native
wine
permits
and
to
provide
for
the
appropriate
fee
for
3
these
shorter
duration
class
“B”
and
class
“C”
native
wine
4
permits.
5
Code
section
123.36,
concerning
liquor
control
license
fees,
6
is
amended
to
eliminate
the
additional
tax
imposed
on
an
air
7
common
carrier
for
a
class
“D”
license.
8
New
Code
section
123.38A
provides
for
the
confidential
9
treatment
of
investigative
information
in
the
possession
of
10
the
alcoholic
beverages
division
before
administrative
or
11
criminal
charges
are
filed.
The
new
Code
section
authorizes
12
the
disclosure
of
information
to
other
law
enforcement
or
13
regulatory
agencies,
including
other
licensing
authorities
in
14
other
jurisdictions.
15
Code
section
123.39,
concerning
suspension
or
revocation
16
of
a
license
or
permit,
is
amended
to
include
a
certificate
17
of
compliance
and
to
provide
that
civil
penalties
imposed
and
18
collected
by
the
alcoholic
beverages
division
shall
be
credited
19
and
used
as
provided
in
the
general
provision
covering
civil
20
penalties
imposed
and
collected
by
the
division
in
Code
section
21
123.17,
subsection
7.
22
Code
section
123.41,
concerning
manufacturer’s
licenses,
23
is
amended
to
specifically
provide
that
the
general
penalty
24
provisions
of
the
Code
chapter
apply
to
any
violation
of
the
25
Code
chapter
or
rules
adopted
pursuant
to
the
Code
chapter
by
a
26
holder
of
a
manufacturer’s
license.
27
Code
section
123.43,
concerning
class
“A”
native
distilled
28
spirits
license
applications
and
issuance,
is
amended
to
29
provide
that
officers,
directors,
and
persons
owning
at
least
30
10
percent
of
stock
in
a
limited
liability
company
or
other
31
similar
legal
entity
shall
be
included
on
the
application
for
32
a
license.
33
Code
section
123.43A,
concerning
native
distilleries,
is
34
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amended
to
eliminate
the
restriction
on
the
number
of
class
35
“A”
native
distilled
spirits
licenses
that
may
be
issued
to
a
1
person.
2
Code
section
123.50,
concerning
criminal
and
civil
3
penalties,
is
amended
to
provide
that
if
a
bond
of
a
liquor
4
control
licensee
or
beer
or
wine
permit
holder
is
forfeited
to
5
the
alcoholic
beverage
division,
the
division
shall
retain
only
6
that
portion
of
the
bond
equal
to
the
amount
the
licensee
or
7
permit
holder
owes
the
division.
8
Code
section
123.56,
concerning
native
wines,
is
amended.
9
The
bill
removes
the
license
fee
for
a
class
“A”
wine
permit
10
for
a
native
wine
manufacturer
from
the
Code
section
and
adds
11
the
fee
to
Code
section
123.179
providing
for
wine
permit
fees.
12
The
bill
also
requires
a
person
who
manufactures
native
wine
13
to
file
with
the
division
the
records
that
are
filed
monthly
14
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
15
States
department
of
the
treasury.
The
bill
directs
the
Code
16
editor
to
transfer
this
Code
section
to
new
Code
section
17
123.176.
18
Code
section
123.122,
concerning
required
beer
permits
or
19
licenses,
is
amended
to
add
to
the
Code
section
provisions
20
concerning
exceptions
for
personal
use
relative
to
homemade
21
beer
and
importation
of
beer
currently
provided
in
Code
section
22
123.144,
subsection
2,
and
Code
section
123.146.
23
Code
section
123.127,
concerning
class
“A”
and
special
24
class
“A”
beer
permit
applications,
is
amended
to
provide
that
25
officers,
directors,
and
persons
owning
at
least
10
percent
of
26
stock
in
a
limited
liability
company
or
other
similar
legal
27
entity
shall
be
included
on
the
application
for
the
permit.
28
Code
section
123.130,
concerning
authority
under
a
class
“A”
29
and
special
class
“A”
beer
permit,
is
amended
to
provide
that
a
30
holder
of
a
class
“A”
beer
permit
may
sell
beer
to
distributors
31
outside
Iowa,
pursuant
to
the
laws
of
that
jurisdiction,
to
32
provide
that
a
native
brewery
may
be
granted
not
more
than
one
33
class
“B”
beer
permit
for
selling
beer
at
the
manufacturing
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facility,
and
to
require
a
person
who
manufactures
beer
to
file
35
with
the
alcoholic
beverages
division
the
records
it
files
1
monthly
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
2
the
United
States
department
of
the
treasury.
3
Code
section
123.131,
concerning
authority
under
a
class
“B”
4
beer
permit,
is
amended.
The
bill
provides
that
sales
of
beer
5
for
consumption
off
the
premises
in
a
container
that
is
not
the
6
original
container
may
be
carried
into
an
immediately
adjacent
7
premises
only
if
the
premises
is
covered
by
a
license
or
permit
8
that
allows
the
consumption
of
beer.
9
Code
section
123.135,
concerning
a
brewer’s
certificate
of
10
compliance,
is
amended
to
provide
that
the
general
penalty
11
provisions
of
Code
chapter
123
apply
to
any
violation
of
the
12
Code
chapter
or
rules
adopted
pursuant
to
the
Code
chapter
by
a
13
holder
of
a
brewer’s
certificate
of
compliance.
14
Code
section
123.136,
concerning
the
barrel
tax
on
beer,
is
15
amended
to
provide
that
the
exceptions
for
tax
applicable
to
16
class
“A”
beer
permittees
also
applies
to
special
class
“A”
17
beer
permittees.
18
Code
section
123.173A,
concerning
a
charity
beer,
spirits,
19
and
wine
auction
permit,
is
amended
to
provide
that
the
general
20
penalty
provisions
of
Code
chapter
123
apply
to
any
violation
21
of
the
Code
chapter
or
rules
adopted
pursuant
to
the
Code
22
chapter
by
a
holder
of
an
auction
permit.
23
Code
section
123.175,
concerning
class
“A”
or
retail
wine
24
permit
applications,
is
amended
to
provide
that
officers,
25
directors,
and
persons
owning
at
least
10
percent
of
stock
in
a
26
limited
liability
company
or
other
similar
legal
entity
shall
27
be
included
on
the
application
for
the
permit.
28
Code
section
123.177,
concerning
authority
under
a
class
“A”
29
wine
permit,
is
amended
to
provide
that
a
holder
of
a
class
30
“A”
wine
permit
may
sell
wine
to
distributors
outside
Iowa,
31
pursuant
to
the
laws
of
that
jurisdiction.
32
Code
section
123.179,
concerning
wine
permit
fees,
is
33
amended
to
include
the
fee
for
a
class
“A”
wine
permit
issued
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to
a
native
wine
manufacturer
currently
provided
in
Code
35
section
123.56.
1
Code
section
123.180,
concerning
a
vintner’s
certificate
2
of
compliance,
is
amended
to
provide
that
the
general
penalty
3
provisions
of
Code
chapter
123
apply
to
any
violation
of
the
4
Code
chapter
or
rules
adopted
pursuant
to
the
Code
chapter
by
a
5
holder
of
a
vintner’s
certificate
or
a
class
“A”
permit.
6
Code
section
123.183,
concerning
the
wine
gallonage
tax,
is
7
amended
to
provide
that
the
tax
shall
not
be
levied
on
wine
8
sold
by
a
class
“A”
wine
permittee
to
a
distributor
outside
of
9
the
state.
10
Code
section
123.186,
concerning
federal
regulations
adopted
11
as
rules,
is
amended
to
provide
that
the
alcoholic
beverages
12
division
adopt
as
rules
the
substance
of
the
entirety
of
13
federal
regulations
27
C.F.R.
pt.
6,
27
C.F.R.
pt.
8,
27
C.F.R.
14
pt.
10,
and
27
C.F.R.
pt.
11,
and
not
just
those
regulations
as
15
they
relate
to
transactions
between
wholesalers
and
retailers.
16
Code
section
123.187,
concerning
the
direct
shipment
of
17
wine,
is
amended
by
striking
provisions
relating
to
a
wine
18
carrier
permit.
The
bill
relocates
the
stricken
provisions
to
19
new
Code
section
123.188.
20
Code
sections
123.144,
relating
to
bottling
beer,
and
21
123.146,
relating
to
importation
of
beer
for
personal
use,
are
22
repealed.
23
DIVISION
II
——
ALCOHOLIC
BEVERAGE
DELIVERIES.
Code
section
24
123.46A,
concerning
delivery
of
alcoholic
beverages
by
25
retailers
is
amended.
The
bill
allows
a
licensee
or
permittee
26
authorized
to
sell
alcoholic
beverages
to
deliver
the
alcoholic
27
beverages
to
another
licensed
premises
if
there
is
identical
28
ownership
of
the
premises
by
the
licensee
or
permittee.
The
29
bill
also
allows
orders
for
deliveries
between
2:00
a.m.
and
30
6:00
a.m.
on
a
day
other
than
Sunday
and
between
2:00
a.m.
31
and
8:00
a.m.
on
a
Sunday.
The
bill
provides
that
deliveries
32
to
another
licensed
premises
contain
only
those
alcoholic
33
beverages
authorized
for
sale
by
the
license
or
permit
covering
34
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the
premises
receiving
delivery.
In
addition,
orders
delivered
35
to
another
licensed
premises
shall
be
fulfilled
using
alcoholic
1
beverages
owned
by
the
licensee
or
permittee
who
received
the
2
delivery
order
and
if
the
recipient
of
the
order
fails
or
is
3
unable
to
pick
up
the
order,
the
alcoholic
beverages
shall
be
4
returned
to
the
licensee
or
permittee
who
fulfilled
the
order.
5
Code
section
123.49,
miscellaneous
provisions,
is
amended
6
to
provide
that
the
exception
on
certain
prohibitions
relating
7
to
the
keeping
of
any
alcoholic
liquor
in
certain
containers
8
for
common
carriers
holding
a
class
“D”
liquor
control
license
9
applies
to
all
holders
of
that
license
or
to
alcoholic
liquor
10
delivered
in
accordance
with
Code
section
123.46A.
11
This
division
of
the
bill
takes
effect
upon
enactment.
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