Bill Text: IA HF766 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to the delivery of alcoholic beverages by retailers. (Formerly HSB 214.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-05-10 - Signed by Governor. H.J. 1099. [HF766 Detail]
Download: Iowa-2021-HF766-Enrolled.html
House
File
766
-
Enrolled
House
File
766
AN
ACT
RELATING
TO
THE
DELIVERY
OF
ALCOHOLIC
BEVERAGES
BY
RETAILERS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
123.46A,
subsection
2,
paragraph
g,
Code
2021,
is
amended
to
read
as
follows:
g.
Delivery
of
alcoholic
liquor,
wine,
or
beer
shall
be
made
by
the
licensee
or
permittee,
or
the
licensee’s
or
permittee’s
employee,
and
not
by
or
a
third
party
,
provided
the
licensee
or
permittee
has
entered
into
a
written
agreement
with
the
third
party
that
authorizes
the
third
party
to
act
as
an
agent
of
the
licensee
or
permittee
for
the
purpose
of
delivering
alcoholic
liquor,
wine,
or
beer
.
Each
licensee
or
permittee
shall
submit
to
the
division
electronically,
or
in
a
manner
prescribed
by
the
administrator,
a
list
of
names
and
addresses
of
all
third
parties
it
has
authorized
to
act
as
its
agent
for
the
purpose
of
delivering
alcoholic
liquor,
wine,
or
beer.
The
licensee
or
permittee
shall
provide
the
division
with
amendments
to
the
list
as
necessary
to
ensure
the
division
possesses
an
accurate,
current
list.
Sec.
2.
Section
123.46A,
subsection
2,
paragraph
i,
Code
2021,
is
amended
by
striking
the
paragraph.
Sec.
3.
Section
123.46A,
subsection
3,
Code
2021,
is
amended
to
read
as
follows:
3.
A
violation
of
this
section
or
any
other
provision
of
this
chapter
shall
subject
the
licensee
or
permittee
to
the
penalty
provisions
of
section
123.39
.
If
the
licensee
House
File
766,
p.
2
or
permittee,
an
employee
of
the
licensee
or
permittee,
or
a
person
delivering
alcoholic
liquor,
wine,
or
beer
for
a
third
party
acting
on
behalf
of
the
licensee
or
permittee
pursuant
to
a
written
agreement
violates
this
section,
the
licensee
or
permittee
shall
not
be
assessed
a
penalty
under
section
123.39
if
the
licensee
or
permittee
establishes
all
of
the
following:
a.
The
violation
was
committed
off
of
the
licensee’s
or
permittee’s
premises
after
the
liquor,
wine,
or
beer
was
removed
from
the
licensee’s
or
permittee’s
premises
in
fulfillment
of
a
delivery
order.
b.
(1)
If
the
person
who
committed
the
violation
is
an
employee
of
the
licensee
or
permittee,
that
no
other
violation
of
this
section
was
committed
by
any
employee
of
the
licensee
or
permittee
within
the
two-year
period
immediately
preceding
the
date
of
violation.
(2)
If
the
person
who
committed
the
violation
is
a
person
delivering
for
a
third
party
acting
on
behalf
of
the
licensee
or
permittee,
that
no
other
violation
of
this
section
was
committed
by
any
person
delivering
for
the
same
third
party
while
the
third
party
was
acting
on
behalf
of
the
licensee
or
permittee
within
the
two-year
period
immediately
preceding
the
date
of
violation.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
766,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
