Bill Text: IA HSB95 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-26 - Committee report, recommending amendment and passage. H.J. 366. [HSB95 Detail]
Download: Iowa-2019-HSB95-Introduced.html
House
Study
Bill
95
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/ALCOHOLIC
BEVERAGES
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
alcoholic
beverage
control
and
matters
under
1
the
purview
of
the
alcoholic
beverages
division
of
the
2
department
of
commerce.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
123.3,
subsections
5,
6,
7,
20,
26,
27,
1
34,
and
48,
Code
2019,
are
amended
to
read
as
follows:
2
5.
“Alcoholic
liquor”
means
the
varieties
of
liquor
defined
3
in
subsections
3
and
44
which
contain
more
than
five
six
and
4
twenty-five
hundredths
percent
of
alcohol
by
weight
volume
,
5
beverages
made
as
described
in
subsection
7
which
beverages
6
contain
more
than
five
percent
of
alcohol
by
weight
or
six
and
7
twenty-five
hundredths
percent
of
alcohol
by
volume
but
which
8
are
not
wine
as
defined
in
subsection
48
or
high
alcoholic
9
content
beer
as
defined
in
subsection
20
,
and
every
other
10
liquid
or
solid,
patented
or
not,
containing
spirits
and
every
11
beverage
obtained
by
the
process
described
in
subsection
48
12
containing
more
than
seventeen
percent
alcohol
by
weight
or
13
twenty-one
and
twenty-five
hundredths
percent
of
alcohol
by
14
volume,
and
susceptible
of
being
consumed
by
a
human
being,
15
for
beverage
purposes.
Alcohol
manufactured
in
this
state
16
for
use
as
fuel
pursuant
to
an
experimental
distilled
spirits
17
plant
permit
or
its
equivalent
issued
by
the
federal
bureau
of
18
alcohol,
tobacco
and
firearms
is
not
an
“alcoholic
liquor”
.
19
6.
“Application”
means
a
written
request
for
the
issuance
20
of
a
permit
,
or
license
,
or
certificate
that
is
supported
by
a
21
verified
statement
of
facts
and
submitted
electronically,
or
in
22
a
manner
prescribed
by
the
administrator.
23
7.
“Beer”
means
any
liquid
capable
of
being
used
for
24
beverage
purposes
made
by
the
fermentation
of
an
infusion
25
in
potable
water
of
barley,
malt,
and
hops,
with
or
without
26
unmalted
grains
or
decorticated
and
degerminated
grains
or
made
27
by
the
fermentation
of
or
by
distillation
of
the
fermented
28
products
of
fruit,
fruit
extracts,
or
other
agricultural
29
products,
containing
more
than
one-half
of
one
percent
of
30
alcohol
by
volume
but
not
more
than
five
percent
of
alcohol
by
31
weight
or
six
and
twenty-five
hundredths
percent
of
alcohol
by
32
volume
but
not
including
mixed
drinks
or
cocktails
mixed
on
the
33
premises
.
34
20.
“High
alcoholic
content
beer”
means
beer
which
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contains
more
than
five
percent
of
alcohol
by
weight
or
six
1
and
twenty-five
hundredths
percent
of
alcohol
by
volume,
but
2
not
more
than
twelve
percent
of
alcohol
by
weight
or
fifteen
3
percent
of
alcohol
by
volume,
that
is
made
by
the
fermentation
4
of
an
infusion
in
potable
water
of
barley,
malt,
and
hops,
with
5
or
without
unmalted
grains
or
decorticated
and
degerminated
6
grains.
Not
more
than
one
and
five-tenths
percent
of
the
7
volume
of
a
“high
alcoholic
content
beer”
may
consist
of
alcohol
8
derived
from
added
flavors
and
other
nonbeverage
ingredients
9
containing
alcohol.
The
added
flavors
and
other
nonbeverage
10
ingredients
may
not
include
added
caffeine
or
other
added
11
stimulants
including
but
not
limited
to
guarana,
ginseng,
and
12
taurine.
13
26.
“Licensed
premises”
or
“premises”
means
all
rooms,
14
enclosures,
contiguous
areas,
or
places
susceptible
of
precise
15
description
satisfactory
to
the
administrator
where
alcoholic
16
beverages,
wine,
or
beer
is
sold
or
consumed
under
authority
17
of
a
liquor
control
license,
wine
permit,
or
beer
permit.
18
A
single
licensed
premises
may
consist
of
multiple
rooms,
19
enclosures,
areas,
or
places
if
they
are
wholly
within
the
20
confines
of
a
single
building
or
contiguous
grounds
,
or
areas
21
or
places
susceptible
of
precise
description
satisfactory
to
22
the
administrator
.
23
27.
“Local
authority”
means
the
city
council
or
designee
24
of
the
city
council
of
any
incorporated
city
in
this
state,
or
25
the
county
board
of
supervisors
or
designee
of
the
county
board
26
of
supervisors
of
any
county
in
this
state,
which
is
empowered
27
by
this
chapter
to
approve
or
deny
applications
for
retail
28
beer
or
wine
permits
and
liquor
control
licenses;
empowered
to
29
recommend
that
such
permits
or
licenses
be
granted
and
issued
30
by
the
division;
and
empowered
to
take
other
actions
reserved
31
to
them
by
this
chapter
.
32
34.
“Person”
means
any
individual,
association,
or
33
partnership,
any
corporation,
limited
liability
company,
or
34
other
similar
legal
entity,
any
club,
hotel
or
motel,
or
any
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municipal
corporation
owning
or
operating
a
bona
fide
airport,
1
marina,
park,
coliseum,
auditorium,
or
recreational
facility
in
2
or
at
which
the
sale
of
alcoholic
liquor,
wine,
or
beer
is
only
3
an
incidental
part
of
the
ownership
or
operation.
4
48.
“Wine”
means
any
beverage
containing
more
than
five
5
six
and
twenty-five
hundredths
percent
of
alcohol
by
weight
6
volume
but
not
more
than
seventeen
percent
of
alcohol
by
weight
7
or
twenty-one
and
twenty-five
hundredths
percent
of
alcohol
8
by
volume
obtained
by
the
fermentation
of
the
natural
sugar
9
contents
of
fruits
or
other
agricultural
products
but
excluding
10
any
product
containing
alcohol
derived
from
malt
or
by
the
11
distillation
process
from
grain,
cereal,
molasses,
or
cactus.
12
Sec.
2.
Section
123.3,
Code
2019,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
14A.
“Completed
application”
means
an
15
application
where
all
necessary
fees
have
been
paid
in
full,
16
any
required
bonds
have
been
submitted,
the
applicant
has
17
provided
all
information
requested
by
the
division,
and
18
the
application
meets
the
requirements
of
section
123.92,
19
subsection
2,
if
applicable.
20
NEW
SUBSECTION
.
28A.
“Mixed
drink
or
cocktail”
means
an
21
alcoholic
beverage,
composed
in
whole
or
in
part
of
alcoholic
22
liquor,
that
is
combined
with
other
alcoholic
beverages
or
23
nonalcoholic
beverages
or
ingredients
including
but
not
limited
24
to
ice,
water,
soft
drinks,
or
flavorings.
25
NEW
SUBSECTION
.
28B.
“Native
brewery”
means
a
business
26
which
manufactures
beer
or
high
alcoholic
content
beer
and
is
27
operated
by
a
person
who
holds
a
class
“A”
beer
permit
that
28
authorizes
the
holder
to
manufacture
and
sell
beer
pursuant
to
29
this
chapter.
30
NEW
SUBSECTION
.
36A.
“Private
place”
means
a
location
31
which,
at
the
time
alcoholic
beverages
are
kept,
dispensed,
or
32
consumed,
meets
all
of
the
following
criteria:
33
a.
The
general
public
does
not
have
access
to
the
location
34
and
attendees
are
limited
to
bona
fide
social
hosts
and
invited
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guests.
1
b.
The
location
is
not
of
a
commercial
nature.
2
c.
Goods
or
services
are
neither
sold
nor
purchased
at
the
3
location.
4
d.
The
location
is
not
a
licensed
premises.
5
e.
Admission
fees
or
other
kinds
of
entrance
fees,
fare,
6
ticket,
donation
or
charges
are
not
made
or
are
required
of
the
7
invited
guests
to
enter
the
location.
8
Sec.
3.
Section
123.10,
subsection
13,
Code
2019,
is
amended
9
to
read
as
follows:
10
13.
Providing
for
the
issuance
of
a
waiver
for
an
individual
11
of
legal
age
desiring
to
import
alcoholic
liquor,
wine,
or
12
beer
in
excess
of
the
amount
provided
in
section
123.22
,
13
123.146
123.122
,
or
123.171
,
as
applicable.
The
waiver
shall
14
be
limited
to
those
individuals
who
were
domiciled
outside
the
15
state
within
one
year
of
the
request
for
a
waiver
and
shall
16
provide
that
any
alcoholic
liquor,
wine,
or
beer
imported
17
pursuant
to
the
waiver
shall
be
for
personal
consumption
only
18
in
a
private
home
or
other
private
accommodation.
19
Sec.
4.
Section
123.10,
Code
2019,
is
amended
by
adding
the
20
following
new
subsections:
21
NEW
SUBSECTION
.
14.
Prescribing
the
uniform
fee
to
be
22
assessed
against
a
class
“B”
beer
permittee,
class
“C”
native
23
wine
permittee,
or
liquor
control
licensee,
except
a
class
“E”
24
liquor
control
licensee,
to
cover
the
administrative
costs
25
incurred
by
the
division
resulting
from
the
failure
of
the
26
licensee
or
permittee
to
maintain
dramshop
liability
insurance
27
coverage
pursuant
to
section
123.92,
subsection
2,
paragraph
28
“a”
.
29
NEW
SUBSECTION
.
15.
Prescribing
the
uniform
fee,
not
to
30
exceed
one
hundred
dollars,
to
be
assessed
against
a
licensee
31
or
permittee
for
a
contested
case
hearing
conducted
by
the
32
division
or
by
an
administrative
law
judge
from
the
department
33
of
inspections
and
appeals
which
results
in
administrative
34
action
taken
against
the
licensee
or
permittee
by
the
division.
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Sec.
5.
Section
123.14,
Code
2019,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
123.14
Alcoholic
beverage
control
law
enforcement.
3
1.
The
department
of
public
safety,
the
division,
a
county
4
attorney,
a
county
sheriff
and
the
sheriff’s
deputies,
and
the
5
police
department
of
every
city
shall
be
the
alcoholic
beverage
6
control
law
enforcement
authority
for
this
state.
7
2.
Investigators
and
compliance
officers
of
the
division
8
shall
have
the
powers
and
authority
of
peace
officers
9
when
acting
within
the
scope
of
their
responsibilities
as
10
specified
in
section
123.4
and
section
123.9,
subsection
6.
11
Investigators
and
compliance
officers
of
the
division
shall
not
12
carry
a
weapon
to
perform
responsibilities
as
described
in
this
13
section.
14
3.
Any
neglect,
misfeasance,
or
malfeasance
shown
by
any
15
peace
officer
included
in
this
section
shall
be
sufficient
16
cause
for
the
peace
officer’s
removal
as
provided
by
law.
17
Sec.
6.
Section
123.23,
subsections
1
and
4,
Code
2019,
are
18
amended
to
read
as
follows:
19
1.
Any
manufacturer,
distiller,
or
importer
of
alcoholic
20
liquors
shipping,
selling,
or
having
alcoholic
liquors
brought
21
into
this
state
for
resale
by
the
state
shall,
as
a
condition
22
precedent
to
the
privilege
of
so
trafficking
in
alcoholic
23
liquors
in
this
state,
annually
make
application
for
and
hold
24
a
distiller’s
certificate
of
compliance
which
shall
be
issued
25
by
the
administrator
for
that
purpose.
No
brand
of
alcoholic
26
liquor
shall
be
sold
by
the
division
in
this
state
unless
27
the
manufacturer,
distiller,
importer,
and
all
other
persons
28
participating
in
the
distribution
of
that
brand
in
this
state
29
have
obtained
a
certificate.
The
certificate
of
compliance
30
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
31
and
shall
be
renewed
for
a
like
period
upon
application
to
the
32
administrator
unless
otherwise
suspended
or
revoked
for
cause.
33
Each
completed
application
for
a
certificate
of
compliance
34
or
renewal
shall
be
submitted
electronically,
or
in
a
manner
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prescribed
by
the
administrator,
and
shall
be
accompanied
by
a
1
fee
of
fifty
dollars
payable
to
the
division.
However,
this
2
subsection
need
not
apply
to
a
manufacturer,
distiller,
or
3
importer
who
ships
or
sells
in
this
state
no
more
than
eleven
4
gallons
or
its
case
equivalent
during
any
fiscal
year
as
a
5
result
of
“special
orders”
which
might
be
placed,
as
defined
6
and
allowed
by
divisional
rules
adopted
under
this
chapter
.
7
4.
Any
violation
of
the
requirements
of
this
section
,
except
8
subsection
3
,
chapter
or
rules
adopted
pursuant
to
this
chapter
9
shall
subject
the
violator
holder
of
a
distiller’s
certificate
10
of
compliance
to
the
general
penalties
provided
in
this
chapter
11
and
in
addition
to
the
general
penalties,
is
shall
constitute
12
grounds
for
imposition
of
a
civil
penalty,
suspension
of
the
13
certificate,
or
revocation
of
the
certificate
of
compliance
,
14
after
notice
and
opportunity
for
a
hearing
before
the
15
administrator
pursuant
to
section
123.39
and
chapter
17A
.
16
Willful
However,
willful
failure
to
comply
with
requirements
17
which
may
be
imposed
under
subsection
3
is
grounds
for
18
suspension
or
revocation
of
the
certificate
of
compliance
only.
19
Sec.
7.
Section
123.24,
subsection
1,
Code
2019,
is
amended
20
to
read
as
follows:
21
1.
The
division
shall
sell
alcoholic
liquor
at
wholesale
22
only.
The
division
shall
sell
alcoholic
liquor
to
class
“E”
23
liquor
control
licensees
only.
The
division
shall
offer
the
24
same
price
on
alcoholic
liquor
to
all
class
“E”
liquor
control
25
licensees
without
regard
for
the
quantity
of
purchase
or
the
26
distance
for
delivery.
However,
the
division
may
assess
a
27
split-case
charge
when
liquor
is
sold
in
quantities
which
28
require
a
case
to
be
split.
29
Sec.
8.
Section
123.24,
Code
2019,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
1A.
The
price
of
alcoholic
liquor
sold
by
32
the
division
shall
consist
of
the
following:
33
a.
The
manufacturer’s
price.
34
b.
A
markup
of
up
to
fifty
percent
of
the
wholesale
price
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_____
paid
by
the
division
for
the
alcoholic
liquor.
The
division
1
may
increase
the
markup
on
selected
kinds
of
alcoholic
liquor
2
sold
by
the
division
if
the
average
return
to
the
division
on
3
all
sales
of
alcoholic
liquor
does
not
exceed
the
wholesale
4
price
paid
by
the
division
and
the
fifty
percent
markup.
5
c.
A
split
case
charge
in
an
amount
determined
by
the
6
division
when
alcoholic
liquor
is
sold
in
quantities
which
7
require
a
case
to
be
split.
8
d.
A
bottle
surcharge
in
an
amount
sufficient,
when
9
added
to
the
amount
not
refunded
to
class
“E”
liquor
control
10
licensees
pursuant
to
section
455C.2,
to
pay
the
costs
incurred
11
by
the
division
for
collecting
and
properly
disposing
of
the
12
liquor
containers.
The
amount
collected
pursuant
to
this
13
paragraph,
in
addition
to
any
amounts
not
refunded
to
class
“E”
14
liquor
control
licensees
pursuant
to
section
455C.2,
shall
be
15
deposited
in
the
beer
and
liquor
control
fund
established
under
16
section
123.17.
17
Sec.
9.
Section
123.24,
subsections
4
and
5,
Code
2019,
are
18
amended
by
striking
the
subsections.
19
Sec.
10.
Section
123.27,
subsection
3,
Code
2019,
is
amended
20
by
striking
the
subsection.
21
Sec.
11.
Section
123.28,
subsection
2,
Code
2019,
is
amended
22
to
read
as
follows:
23
2.
The
division
shall
deliver
alcoholic
liquor
purchased
by
24
class
“E”
liquor
control
licensees.
Class
“E”
liquor
control
25
licensees
may
deliver
alcoholic
liquor
purchased
by
class
“A”,
26
class
“B”,
class
“C”,
class
“C”
native
distilled
spirits,
27
or
class
“D”
liquor
control
licensees,
and
class
“A”,
class
28
“B”,
class
“C”,
class
“C”
native
distilled
spirits,
or
class
29
“D”
liquor
control
licensees
may
transport
alcoholic
liquor
30
purchased
from
class
“E”
liquor
control
licensees.
31
Sec.
12.
Section
123.30,
subsection
2,
Code
2019,
is
amended
32
to
read
as
follows:
33
2.
A
liquor
control
license
shall
not
be
issued
for
premises
34
which
do
not
constitute
a
safe
and
proper
place
or
building
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and
which
do
not
conform
to
all
applicable
laws,
ordinances,
1
resolutions,
and
health
and
fire
regulations.
A
licensee
2
shall
not
have
or
maintain
any
interior
access
to
residential
3
or
sleeping
quarters
unless
permission
is
granted
by
the
4
administrator
in
the
form
of
a
living
quarters
permit.
5
Sec.
13.
Section
123.30,
subsection
4,
Code
2019,
is
amended
6
to
read
as
follows:
7
4.
Notwithstanding
any
provision
of
this
chapter
to
the
8
contrary,
a
person
holding
a
liquor
control
license
to
sell
9
alcoholic
beverages
for
consumption
on
the
licensed
premises
10
may
permit
a
customer
to
remove
one
unsealed
bottle
of
wine
11
for
consumption
off
the
premises
if
the
customer
has
purchased
12
and
consumed
a
portion
of
the
bottle
of
wine
on
the
licensed
13
premises.
The
licensee
or
the
licensee’s
agent
shall
securely
14
reseal
such
bottle
in
a
bag
designed
so
that
it
is
visibly
15
apparent
that
the
resealed
bottle
of
wine
has
not
been
tampered
16
with
and
provide
a
dated
receipt
for
the
resealed
bottle
of
17
wine
to
the
customer.
A
wine
bottle
resealed
pursuant
to
the
18
requirements
of
this
subsection
is
subject
to
the
requirements
19
of
sections
321.284
and
321.284A
.
A
person
holding
a
liquor
20
control
license
to
sell
alcoholic
beverages
for
consumption
on
21
the
licensed
premises
may
permit
a
customer
to
carry
an
open
22
container
of
wine
from
their
the
person’s
licensed
premises
23
into
another
immediately
adjacent
licensed
premises
,
temporary
24
that
is
covered
by
a
license
or
permit
that
authorizes
the
25
consumption
of
wine,
a
temporarily
closed
public
right-of-way,
26
or
a
private
property
place
.
27
Sec.
14.
Section
123.30,
subsection
5,
Code
2019,
is
amended
28
by
striking
the
subsection.
29
Sec.
15.
Section
123.31,
subsection
3,
Code
2019,
is
amended
30
to
read
as
follows:
31
3.
The
names
and
addresses
of
all
persons
or
,
in
the
case
of
32
a
corporation,
limited
liability
company,
or
any
other
similar
33
legal
entity,
the
officers,
directors,
and
persons
owning
or
34
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
35
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H.F.
_____
having
a
financial
interest,
by
way
of
loan,
ownership,
or
1
otherwise,
in
the
business.
2
Sec.
16.
Section
123.32,
subsections
1,
2,
3,
and
6,
Code
3
2019,
are
amended
to
read
as
follows:
4
1.
Filing
of
application.
5
a.
An
A
completed
application
for
a
class
“A”,
class
“B”,
6
class
“C”,
special
class
“C”,
class
“C”
native
distilled
7
spirits,
or
class
“E”
liquor
control
license
as
provided
in
8
section
123.31
,
for
a
class
“A”
native
distilled
spirits
9
license,
for
a
retail
beer
permit
as
provided
in
sections
10
123.128
and
123.129
,
or
for
a
class
“B”,
class
“B”
native,
or
11
class
“C”
native
retail
wine
permit
as
provided
in
section
12
123.175
,
accompanied
by
the
necessary
fee
and
bond,
if
13
required,
shall
be
filed
with
the
appropriate
city
council
or
14
designee
of
the
city
council
if
the
premises
for
which
the
15
license
or
permit
is
sought
are
located
within
the
corporate
16
limits
of
a
city,
or
with
the
board
of
supervisors
or
designee
17
of
the
board
of
supervisors
if
the
premises
for
which
the
18
license
or
permit
is
sought
are
located
outside
the
corporate
19
limits
of
a
city.
20
b.
An
A
completed
application
for
a
class
“D”
liquor
control
21
license
and
for
a
class
“A”
beer
or
class
“A”
wine
permit,
22
accompanied
by
the
necessary
fee
and
bond,
if
required,
any
23
of
the
following
certificates,
licenses,
or
permits
shall
24
be
submitted
to
the
division
electronically,
or
in
a
manner
25
prescribed
by
the
administrator,
which
shall
proceed
in
the
26
same
manner
as
in
the
case
of
an
application
approved
by
local
27
authorities
.
:
28
(1)
A
certificate
of
compliance
as
provided
in
sections
29
123.23,
123.135,
and
123.180.
30
(2)
A
class
“D”
liquor
control
license
as
provided
in
31
section
123.31.
32
(3)
A
manufacturer’s
license
as
provided
in
section
123.41.
33
(4)
A
broker’s
permit
as
provided
in
section
123.42.
34
(5)
A
class
“A”
native
distilled
spirits
license
as
provided
35
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H.F.
_____
in
section
123.43.
1
(6)
A
class
“A”
or
special
class
“A”
beer
permit
as
provided
2
in
section
123.127.
3
(7)
A
charity
beer,
spirits,
and
wine
auction
permit
as
4
provided
in
section
123.173A.
5
(8)
A
class
“A”
wine
permit
as
provided
in
section
123.175.
6
(9)
A
wine
direct
shipper’s
permit
as
provided
in
section
7
123.187.
8
(10)
A
wine
carrier
permit
as
provided
in
section
123.188.
9
2.
Action
by
local
authorities.
The
local
authority
shall
10
either
approve
or
disapprove
the
issuance
of
a
liquor
control
11
license,
a
retail
wine
permit,
or
a
retail
beer
permit,
shall
12
endorse
its
approval
or
disapproval
on
the
application
,
and
13
shall
forward
the
application
with
the
necessary
fee
and
bond,
14
if
required,
to
the
division.
There
is
no
limit
upon
the
15
number
of
liquor
control
licenses,
retail
wine
permits,
or
16
retail
beer
permits
which
may
be
approved
for
issuance
by
local
17
authorities.
18
3.
Licensed
premises
for
local
events.
A
local
authority
19
may
define,
by
motion
of
the
local
authority,
licensed
premises
20
which
shall
be
used
by
holders
of
liquor
control
licenses,
beer
21
permits,
and
wine
permits
at
festivals,
fairs,
or
celebrations
22
which
are
sponsored
or
authorized
by
the
local
authority.
The
23
licensed
premises
defined
by
motion
of
the
local
authority
24
shall
be
used
by
the
holders
of
five-day
or
fourteen-day
class
25
“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
“D”
26
liquor
control
licenses,
or
five-day
or
fourteen-day
class
“B”
27
or
class
“C”
native
wine
permits,
or
class
“B”
beer
permits
28
only.
29
6.
Action
by
administrator.
30
a.
Upon
receipt
of
an
application
having
been
disapproved
31
by
the
local
authority,
the
administrator
shall
notify
the
32
applicant
that
the
applicant
may
appeal
the
disapproval
of
33
the
application
to
the
administrator.
The
applicant
shall
34
be
notified
by
certified
mail
or
personal
service
,
and
the
35
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_____
H.F.
_____
application,
the
fee,
and
any
bond
shall
be
returned
to
the
1
applicant.
2
b.
Upon
receipt
of
an
application
having
been
approved
by
3
the
local
authority,
the
division
shall
make
an
investigation
4
as
the
administrator
deems
necessary
to
determine
that
5
the
applicant
complies
with
all
requirements
for
holding
a
6
license
or
permit,
and
may
require
the
applicant
to
appear
7
to
be
examined
under
oath
to
demonstrate
that
the
applicant
8
complies
with
all
of
the
requirements
to
hold
a
license
9
or
permit.
If
the
administrator
requires
the
applicant
to
10
appear
and
to
testify
under
oath,
a
record
shall
be
made
of
11
all
testimony
or
evidence
and
the
record
shall
become
a
part
12
of
the
application.
The
administrator
may
appoint
a
member
13
of
the
division
or
may
request
an
administrative
law
judge
14
of
the
department
of
inspections
and
appeals
to
receive
the
15
testimony
under
oath
and
evidence,
and
to
issue
a
proposed
16
decision
to
approve
or
disapprove
the
application
for
a
license
17
or
permit.
The
administrator
may
affirm,
reverse,
or
modify
18
the
proposed
decision
to
approve
or
disapprove
the
application
19
for
the
license
or
permit.
If
the
application
is
approved
20
by
the
administrator,
the
license
or
permit
shall
be
issued.
21
If
the
application
is
disapproved
by
the
administrator,
the
22
applicant
shall
be
so
notified
by
certified
mail
or
personal
23
service
and
the
appropriate
local
authority
shall
be
notified
24
electronically,
or
in
a
manner
prescribed
by
the
administrator.
25
Sec.
17.
Section
123.34,
Code
2019,
is
amended
to
read
as
26
follows:
27
123.34
Expiration
of
licenses
,
and
permits
,
and
certificates
28
of
compliance
——
seasonal,
five-day,
and
fourteen-day
,
and
29
five-day
licenses
and
permits
——
fees.
30
1.
Liquor
control
All
licenses,
wine
permits,
and
beer
31
permits,
and
certificates
of
compliance,
unless
sooner
32
suspended
or
revoked,
expire
one
year
from
date
of
issuance.
33
The
administrator
shall
notify
a
license
,
or
permit
,
or
34
certificate
holder
electronically,
or
in
a
manner
prescribed
by
35
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_____
H.F.
_____
the
administrator,
sixty
days
prior
to
the
expiration
of
each
1
license
,
or
permit
,
or
certificate
.
2
2.
a.
However,
the
The
administrator
may
issue
six-month
or
3
eight-month
seasonal
class
“A”,
class
“B”,
class
“C”,
special
4
class
“C”,
and
class
“D”
liquor
control
licenses,
class
“B”
5
wine
permits,
class
“B”
or
class
“C”
native
wine
permits,
6
or
class
“B”
beer
permits
for
a
proportionate
part
of
the
7
license
or
permit
fee
or
may
issue
fourteen-day
liquor
control
8
licenses,
native
wine
permits,
or
beer
permits
as
provided
in
9
subsection
2
.
10
b.
No
refund
shall
be
made
for
seasonal
licenses
or
11
permits
or
for
fourteen-day
liquor
control
licenses,
native
12
wine
permits,
or
beer
permits.
No
seasonal
license
or
permit
13
shall
be
renewed.
However,
after
a
period
of
two
months
the
14
applicant
may
apply
for
a
new
seasonal
license
or
permit
for
15
the
same
location.
The
fee
for
a
six-month
or
eight-month
16
seasonal
license
or
permit
issued
pursuant
to
this
subsection
17
shall
be
for
a
proportionate
part
of
the
license
or
permit
fee
18
for
that
class
of
license
or
permit.
However,
the
fee
for
a
19
seasonal
class
“B”
native
wine
permit
shall
be
the
permit
fee
20
provided
in
section
123.179,
subsection
3,
and
the
fee
for
a
21
seasonal
class
“C”
native
wine
permit
shall
be
the
permit
fee
22
provided
in
section
123.179,
subsection
4.
23
2.
3.
a.
The
administrator
may
issue
fourteen-day
class
24
“A”,
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
25
liquor
control
licenses
,
and
fourteen-day
class
“B”
beer
26
permits,
class
“B”
native
wine
permits,
and
class
“C”
native
27
wine
permits.
28
b.
A
fourteen-day
license
or
permit,
if
granted,
is
valid
29
for
fourteen
consecutive
days,
but
the
holder
shall
not
sell
on
30
the
two
Sundays
in
the
fourteen-day
period
unless
the
holder
31
qualifies
for
and
obtains
the
privilege
to
sell
on
Sundays
32
contained
in
section
123.36,
subsection
6
,
and
section
123.134,
33
subsection
4
.
34
3.
c.
(1)
The
fee
for
a
fourteen-day
liquor
control
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license
or
beer
permit
is
one
quarter
of
the
annual
fee
for
1
that
class
of
liquor
control
license
or
beer
permit.
The
2
fee
for
the
privilege
to
sell
on
the
two
Sundays
in
the
3
fourteen-day
period
is
twenty
percent
of
the
price
of
the
4
fourteen-day
liquor
control
license
or
beer
permit.
5
(2)
The
fee
for
a
fourteen-day
class
“B”
native
wine
permit
6
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
7
3,
and
the
fee
for
a
fourteen-day
class
“C”
native
wine
permit
8
is
the
permit
fee
provided
in
section
123.179,
subsection
4
.
9
4.
a.
The
administrator
may
issue
five-day
class
“A”,
class
10
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
control
11
licenses
,
and
five-day
class
“B”
beer
permits,
class
“B”
native
12
wine
permits,
and
class
“C”
native
wine
permits.
13
b.
A
five-day
license
or
permit
is
valid
for
five
14
consecutive
days,
but
the
holder
shall
not
sell
alcoholic
15
beverages
on
Sunday
in
the
five-day
period
unless
the
holder
16
qualifies
for
and
obtains
the
privilege
to
sell
on
Sunday
17
pursuant
to
sections
section
123.36
,
subsection
6,
and
section
18
123.134
,
subsection
4
.
19
5.
c.
(1)
The
fee
for
the
five-day
liquor
control
license
20
or
beer
permit
is
one-eighth
of
the
annual
fee
for
that
class
21
of
license
or
permit.
The
fee
for
the
privilege
to
sell
on
a
22
Sunday
in
the
five-day
period
is
ten
percent
of
the
price
of
23
the
five-day
liquor
control
license
or
beer
permit.
24
(2)
The
fee
for
a
five-day
class
“B”
native
wine
permit
25
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
26
3,
and
the
fee
for
a
five-day
class
“C”
native
wine
permit
is
27
the
permit
fee
provided
in
section
123.179,
subsection
4
.
28
5.
A
refund
of
fees
paid
shall
not
be
made
for
seasonal
29
licenses
or
permits,
or
for
fourteen-day
or
five-day
liquor
30
control
licenses,
native
wine
permits,
or
beer
permits.
In
31
addition,
a
seasonal,
fourteen-day,
or
five-day
license
or
32
permit
shall
not
be
renewed.
33
Sec.
18.
Section
123.36,
subsection
5,
paragraph
c,
Code
34
2019,
is
amended
to
read
as
follows:
35
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c.
For
air
common
carriers,
each
company
shall
pay
a
1
base
annual
fee
of
five
hundred
dollars
and,
in
addition,
2
shall
quarterly
remit
to
the
division
an
amount
equal
to
3
seven
dollars
for
each
gallon
of
alcoholic
liquor
sold,
given
4
away,
or
dispensed
in
or
over
this
state
during
the
preceding
5
calendar
quarter
.
The
class
“D”
license
fee
and
tax
for
air
6
common
carriers
is
in
lieu
of
any
other
fee
or
tax
collected
7
from
the
carriers
in
this
state
for
the
possession
and
sale
of
8
alcoholic
liquor,
wine,
and
beer.
9
Sec.
19.
Section
123.36,
subsection
6,
Code
2019,
is
amended
10
to
read
as
follows:
11
6.
Any
club,
hotel,
motel,
native
distillery,
12
passenger-carrying
boat
or
ship,
railway
corporation,
air
13
common
carrier,
or
commercial
establishment
holding
a
liquor
14
control
license,
subject
to
section
123.49,
subsection
2
,
15
paragraph
“b”
,
may
apply
for
and
receive
permission
to
sell
and
16
dispense
alcoholic
beverages
as
authorized
by
section
123.30
to
17
patrons
between
the
hours
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
18
on
the
following
Monday.
A
class
“D”
liquor
control
licensee
19
may
apply
for
and
receive
permission
to
sell
and
dispense
20
alcoholic
beverages
to
patrons
for
consumption
on
the
premises
21
only
between
the
hours
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
22
on
the
following
Monday.
For
the
privilege
of
selling
beer,
23
wine,
and
alcoholic
liquor
on
the
premises
on
Sunday
the
liquor
24
control
license
fee
of
the
applicant
shall
be
increased
by
25
twenty
percent
of
the
regular
fee
prescribed
for
the
license
26
pursuant
to
this
section
,
and
the
privilege
shall
be
noted
on
27
the
liquor
control
license.
28
Sec.
20.
Section
123.36,
subsection
10,
Code
2019,
is
29
amended
to
read
as
follows:
30
10.
There
is
imposed
a
surcharge
on
the
fee
for
each
class
31
“A”,
class
“B”,
class
“C”,
class
“C”
native
distilled
spirits,
32
or
special
class
“C”
liquor
control
license
equal
to
thirty
33
percent
of
the
scheduled
license
fee.
The
surcharges
collected
34
under
this
subsection
shall
be
deposited
in
the
beer
and
liquor
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H.F.
_____
control
fund,
and
notwithstanding
subsection
8
,
no
portion
1
of
the
surcharges
collected
under
this
subsection
shall
be
2
remitted
to
the
local
authority.
3
Sec.
21.
NEW
SECTION
.
123.38A
Confidential
investigative
4
records.
5
In
order
to
assure
a
free
flow
of
information
for
6
accomplishing
the
purposes
of
section
123.4
and
section
7
123.9,
subsection
6,
all
complaint
information,
investigation
8
files,
audit
files,
and
inspection
files,
other
investigation
9
reports,
and
other
investigative
information
in
the
possession
10
of
the
division
or
employees
acting
under
the
authority
of
11
the
administrator
are
privileged
and
confidential,
and
are
12
not
subject
to
discovery,
subpoena,
or
other
means
of
legal
13
compulsion
for
their
release
before
administrative
or
criminal
14
charges
are
filed.
However,
investigative
information
in
15
the
possession
of
division
employees
may
be
disclosed
to
the
16
licensing
authorities
of
a
city
or
county
within
this
state,
17
in
another
state,
the
District
of
Columbia,
or
territory
18
or
county
in
which
the
licensee
or
permittee
is
licensed
19
or
permitted
or
has
applied
for
a
license
or
permit.
In
20
addition,
the
investigative
information
can
be
shared
with
21
any
law
enforcement
agency
or
other
state
agency
that
also
22
has
regulatory
or
enforcement
jurisdiction
authorized
by
law.
23
Records
received
by
the
division
from
other
agencies
which
24
would
be
confidential
if
created
by
the
division
are
considered
25
confidential.
26
Sec.
22.
Section
123.39,
subsection
1,
Code
2019,
is
amended
27
to
read
as
follows:
28
1.
a.
(1)
The
administrator
or
the
local
authority
29
may
suspend
a
license
or
permit
issued
pursuant
to
this
30
chapter
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
31
class
“C”
native
distilled
spirits,
or
class
“E”
liquor
32
control
license
or
retail
wine
or
beer
permit
for
a
period
33
not
to
exceed
one
year,
revoke
the
license
or
permit,
or
34
impose
a
civil
penalty
not
to
exceed
one
thousand
dollars
35
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_____
H.F.
_____
per
violation.
Before
suspension,
revocation,
or
imposition
1
of
a
civil
penalty,
the
license
or
permit
holder
shall
be
2
given
written
notice
and
an
opportunity
for
a
hearing.
The
3
administrator
may
appoint
a
member
of
the
division
or
may
4
request
an
administrative
law
judge
from
the
department
of
5
inspections
and
appeals
to
conduct
the
hearing
and
issue
a
6
proposed
decision.
Upon
the
motion
of
a
party
to
the
hearing
7
or
upon
the
administrator’s
own
motion,
the
administrator
may
8
review
the
proposed
decision
in
accordance
with
chapter
17A
.
9
Upon
review
of
the
proposed
decision,
the
administrator
may
10
affirm,
reverse,
or
modify
the
proposed
decision.
A
licensee
11
or
permittee
aggrieved
by
a
decision
of
the
administrator
12
may
seek
judicial
review
of
the
administrator’s
decision
in
13
accordance
with
chapter
17A
.
14
(2)
The
administrator
may
suspend
a
certificate
15
of
compliance,
a
class
“D”
liquor
control
license,
a
16
manufacturer’s
license,
a
broker’s
permit,
a
class
“A”
native
17
distilled
spirits
license,
a
class
“A”
or
special
class
“A”
18
beer
permit,
a
charity
beer,
spirits,
and
wine
auction
permit,
19
a
class
“A”
wine
permit,
a
wine
direct
shipper’s
permit,
or
a
20
wine
carrier
permit
for
a
period
not
to
exceed
one
year,
revoke
21
the
license,
permit,
or
certificate,
or
impose
a
civil
penalty
22
not
to
exceed
one
thousand
dollars
per
violation.
23
b.
A
license
,
or
permit
,
or
certificate
of
compliance
issued
24
under
this
chapter
may
be
suspended
or
revoked,
or
a
civil
25
penalty
may
be
imposed
on
the
license
or
permit
holder
by
the
26
local
authority
or
the
administrator
for
any
of
the
following
27
causes:
28
(1)
Misrepresentation
of
any
material
fact
in
the
29
application
for
the
license
,
or
permit
,
or
certificate
.
30
(2)
Violation
of
any
of
the
provisions
of
this
chapter
.
31
(3)
Any
change
in
the
ownership
or
interest
in
the
business
32
operated
under
a
liquor
control
license,
or
any
wine
or
beer
33
permit,
which
change
was
not
previously
reported
in
a
manner
34
prescribed
by
the
administrator
within
thirty
days
of
the
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_____
change
and
subsequently
approved
by
the
local
authority
,
when
1
applicable,
and
the
division.
2
(4)
An
event
which
would
have
resulted
in
disqualification
3
from
receiving
the
license
,
or
permit
,
or
certificate
when
4
originally
issued.
5
(5)
Any
sale,
hypothecation,
or
transfer
of
the
license
,
or
6
permit
,
or
certificate
.
7
(6)
The
failure
or
refusal
on
the
part
of
any
licensee
or
8
permittee
license,
permit,
or
certificate
holder
to
render
any
9
report
or
remit
any
taxes
to
the
division
under
this
chapter
10
when
due.
11
c.
A
criminal
conviction
is
not
a
prerequisite
to
12
suspension,
revocation,
or
imposition
of
a
civil
penalty
13
pursuant
to
this
section
.
14
d.
A
local
authority
which
acts
pursuant
to
this
section
,
15
section
123.32
,
or
section
123.50
shall
notify
the
division
16
in
writing
of
the
action
taken,
and
shall
notify
the
licensee
17
license
or
permit
holder
of
the
right
to
appeal
a
suspension,
18
revocation,
or
imposition
of
a
civil
penalty
to
the
division.
19
e.
Before
suspension,
revocation,
or
imposition
of
a
20
civil
penalty
by
the
administrator,
the
license,
permit,
21
or
certificate
holder
shall
be
given
written
notice
and
an
22
opportunity
for
a
hearing.
The
administrator
may
appoint
23
a
member
of
the
division
or
may
request
an
administrative
24
law
judge
from
the
department
of
inspections
and
appeals
to
25
conduct
the
hearing
and
issue
a
proposed
decision.
Upon
the
26
motion
of
a
party
to
the
hearing
or
upon
the
administrator’s
27
own
motion,
the
administrator
may
review
the
proposed
decision
28
in
accordance
with
chapter
17A.
Upon
review
of
the
proposed
29
decision,
the
administrator
may
affirm,
reverse,
or
modify
the
30
proposed
decision.
A
license,
permit,
or
certificate
holder
31
aggrieved
by
a
decision
of
the
administrator
may
seek
judicial
32
review
of
the
administrator’s
decision
in
accordance
with
33
chapter
17A.
34
f.
Civil
penalties
imposed
and
collected
by
the
local
35
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H.F.
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authority
under
this
section
shall
be
retained
by
the
local
1
authority.
Civil
penalties
imposed
and
collected
by
the
2
division
under
this
section
shall
be
retained
by
the
division
3
credited
to
the
general
fund
of
the
state
pursuant
to
section
4
123.17,
subsection
7
.
5
Sec.
23.
Section
123.39,
subsection
4,
Code
2019,
is
amended
6
to
read
as
follows:
7
4.
If
the
cause
for
suspension
is
a
first
offense
8
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
the
9
administrator
or
local
authority
shall
impose
a
civil
penalty
10
in
the
amount
of
five
hundred
dollars
in
lieu
of
suspension
of
11
the
license
or
permit.
Local
authorities
shall
retain
civil
12
penalties
collected
under
this
paragraph
if
the
proceeding
to
13
impose
the
penalty
is
conducted
by
the
local
authority.
The
14
division
shall
retain
civil
penalties
collected
under
this
15
paragraph
if
the
proceeding
to
impose
the
penalty
is
conducted
16
by
the
administrator
of
the
division.
17
Sec.
24.
Section
123.41,
subsection
1,
Code
2019,
is
amended
18
to
read
as
follows:
19
1.
Each
completed
application
to
obtain
or
renew
a
20
manufacturer’s
license
shall
be
submitted
to
the
division
21
electronically,
or
in
a
manner
prescribed
by
the
administrator,
22
and
shall
be
accompanied
by
a
fee
of
three
hundred
fifty
23
dollars
payable
to
the
division.
The
administrator
may
in
24
accordance
with
this
chapter
grant
and
issue
to
a
manufacturer
25
a
manufacturer’s
license,
valid
for
a
one-year
period
after
26
date
of
issuance,
which
shall
allow
the
manufacture,
storage,
27
and
wholesale
disposition
and
sale
of
alcoholic
liquors
to
the
28
division
and
to
customers
outside
of
the
state.
29
Sec.
25.
Section
123.41,
Code
2019,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
3A.
A
person
who
holds
a
manufacturer’s
32
license
shall
file
with
the
division,
on
or
before
the
33
fifteenth
day
of
each
calendar
month,
all
documents
filed
34
by
the
manufacturer
with
the
alcohol
and
tobacco
tax
and
35
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_____
H.F.
_____
trade
bureau
of
the
United
States
department
of
the
treasury,
1
including
all
production,
storage,
and
processing
reports.
2
Sec.
26.
Section
123.41,
subsection
4,
Code
2019,
is
amended
3
to
read
as
follows:
4
4.
A
Any
violation
of
the
requirements
of
this
section
5
chapter
or
rules
adopted
pursuant
to
this
chapter
shall
subject
6
the
licensee
license
holder
to
the
general
penalties
provided
7
in
this
chapter
and
shall
constitute
grounds
for
imposition
of
8
a
civil
penalty
,
or
suspension
of
the
license,
or
revocation
of
9
the
license
after
notice
and
opportunity
for
a
hearing
pursuant
10
to
section
123.39
and
chapter
17A
.
11
Sec.
27.
Section
123.42,
subsection
1,
Code
2019,
is
amended
12
to
read
as
follows:
13
1.
Prior
to
representing
or
promoting
alcoholic
liquor
14
products
in
the
state,
the
broker
shall
submit
an
a
completed
15
application
to
the
division
electronically,
or
in
a
manner
16
prescribed
by
the
administrator,
for
a
broker’s
permit.
The
17
administrator
may
in
accordance
with
this
chapter
issue
a
18
broker’s
permit
which
shall
be
valid
for
one
year
from
the
date
19
of
issuance
unless
it
is
sooner
suspended
or
revoked
for
a
20
violation
of
this
chapter
.
21
Sec.
28.
Section
123.42,
Code
2019,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
7.
Any
violation
of
the
requirements
of
24
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
25
shall
subject
the
permit
holder
to
the
general
penalties
26
provided
in
this
chapter
and
shall
constitute
grounds
for
27
imposition
of
a
civil
penalty,
suspension
of
the
permit,
or
28
revocation
of
the
permit
after
notice
and
opportunity
for
a
29
hearing
pursuant
to
section
123.39
and
chapter
17A.
30
Sec.
29.
Section
123.43,
subsection
1,
paragraph
b,
Code
31
2019,
is
amended
to
read
as
follows:
32
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
33
a
corporation,
limited
liability
company,
or
any
other
similar
34
legal
entity,
the
officers,
directors,
and
persons
owning
or
35
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_____
H.F.
_____
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
1
having
a
financial
interest,
by
way
of
loan,
ownership,
or
2
otherwise,
in
the
business.
3
Sec.
30.
Section
123.43A,
subsection
5,
Code
2019,
is
4
amended
to
read
as
follows:
5
5.
The
division
shall
issue
no
more
than
three
class
“A”
6
native
distilled
spirits
licenses
to
a
person.
In
addition,
7
a
A
native
distillery
issued
a
class
“A”
native
distilled
8
spirits
license
shall
file
with
the
division,
on
or
before
the
9
fifteenth
day
of
each
calendar
month,
all
documents
filed
by
10
the
native
distillery
with
the
alcohol
and
tobacco
tax
and
11
trade
bureau
of
the
United
States
department
of
the
treasury,
12
including
all
production,
storage,
and
processing
reports.
13
Sec.
31.
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.
32.
Section
123.49,
subsection
2,
unnumbered
paragraph
19
1,
Code
2019,
is
amended
to
read
as
follows:
20
A
person
or
club
holding
a
liquor
control
license
or
retail
21
wine
or
beer
permit
under
this
chapter
,
and
the
person’s
or
22
club’s
agents
or
employees,
shall
not
do
any
of
the
following:
23
Sec.
33.
Section
123.49,
subsection
2,
paragraph
d,
24
subparagraph
(1),
Code
2019,
is
amended
to
read
as
follows:
25
(1)
Keep
on
premises
covered
by
a
liquor
control
license
26
any
alcoholic
liquor
in
any
container
except
the
original
27
package
purchased
from
the
division,
and
except
mixed
drinks
28
or
cocktails
mixed
on
the
premises
for
immediate
consumption
29
on
the
licensed
premises
or
as
otherwise
provided
by
this
30
paragraph
“d”
.
This
prohibition
does
not
apply
to
common
31
carriers
holding
holders
of
a
class
“D”
liquor
control
license.
32
Sec.
34.
Section
123.49,
subsection
2,
paragraph
g,
Code
33
2019,
is
amended
to
read
as
follows:
34
g.
Allow
any
person
other
than
the
licensee,
permittee,
35
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1189DP
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39
S.F.
_____
H.F.
_____
or
employees
of
the
licensee
or
permittee,
to
use
or
keep
1
on
the
licensed
premises
any
alcoholic
liquor
in
any
bottle
2
or
other
container
which
is
designed
for
the
transporting
of
3
such
beverages,
except
as
permitted
in
section
123.95
.
This
4
paragraph
does
not
apply
to
the
lodging
quarters
of
a
class
“B”
5
liquor
control
licensee
or
wine
or
beer
permittee,
or
to
common
6
carriers
holding
holders
of
a
class
“D”
liquor
control
license.
7
Sec.
35.
Section
123.56,
subsection
1,
Code
2019,
is
amended
8
to
read
as
follows:
9
1.
Subject
to
rules
of
the
division,
manufacturers
of
10
native
wines
from
grapes,
cherries,
other
fruits
or
other
fruit
11
juices,
vegetables,
vegetable
juices,
dandelions,
clover,
12
honey,
or
any
combination
of
these
ingredients,
holding
a
class
13
“A”
wine
permit
as
required
by
this
chapter
,
may
sell,
keep,
or
14
offer
for
sale
and
deliver
the
wine.
Notwithstanding
section
15
123.24,
subsection
4
1A,
paragraph
“b”
,
or
any
other
provision
16
of
this
chapter
,
manufacturers
of
native
wine
may
obtain
and
17
possess
grape
brandy
from
the
division
for
the
sole
purpose
of
18
manufacturing
wine.
19
Sec.
36.
Section
123.56,
subsection
4,
Code
2019,
is
amended
20
to
read
as
follows:
21
4.
Notwithstanding
section
123.179,
subsection
1
,
a
A
22
class
“A”
wine
permit
issued
for
a
native
wine
manufacturer
23
shall
be
issued
and
renewed
annually
upon
payment
of
a
fee
of
24
twenty-five
dollars
which
shall
be
in
lieu
of
any
other
license
25
fee
required
by
this
chapter
.
The
class
“A”
permit
shall
only
26
allow
the
native
wine
manufacturer
to
sell,
keep,
or
offer
for
27
sale
and
deliver
the
manufacturer’s
native
wines
as
provided
28
under
this
section
.
29
Sec.
37.
Section
123.56,
Code
2019,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
7A.
A
manufacturer
of
native
wines
shall
32
file
with
the
division,
on
or
before
the
fifteenth
day
of
33
each
calendar
month,
all
documents
filed
with
the
alcohol
and
34
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
35
-21-
LSB
1189DP
(11)
88
ec/rn
21/
39
S.F.
_____
H.F.
_____
the
treasury,
including
all
wine
premises
operations
and
excise
1
tax
return
reports.
2
Sec.
38.
Section
123.95,
subsections
1
and
2,
Code
2019,
are
3
amended
to
read
as
follows:
4
1.
A
person
shall
not
allow
the
dispensing
or
consumption
of
5
alcoholic
liquor,
except
wines
and
beer,
in
any
establishment
6
unless
the
establishment
is
licensed
under
this
chapter
or
7
except
as
otherwise
provided
in
this
section
.
8
2.
a.
The
holder
of
an
annual
class
“B”
liquor
control
9
license
or
an
annual
class
“C”
liquor
control
license
may
10
act
as
the
agent
of
a
private
social
host
for
the
purpose
11
of
providing
and
serving
alcoholic
liquor,
wine,
and
beer
12
beverages
as
part
of
a
food
catering
service
for
a
private
13
social
gathering
in
a
private
place
,
provided
the
licensee
14
has
applied
for
and
been
granted
a
catering
privilege
by
the
15
division
.
The
holder
of
an
annual
special
class
“C”
liquor
16
control
license
shall
not
act
as
the
agent
of
a
private
social
17
host
for
the
purpose
of
providing
and
serving
wine
and
beer
as
18
part
of
a
food
catering
service
for
a
private
social
gathering
19
in
a
private
place.
An
applicant
for
a
class
“B”
or
class
“C”
20
liquor
control
license
shall
state
on
the
application
for
the
21
license
that
the
licensee
intends
to
engage
in
catering
food
22
and
alcoholic
beverages
for
private
social
gatherings
and
the
23
catering
privilege
shall
be
noted
on
the
license.
24
b.
The
private
social
host
or
the
licensee
shall
not
solicit
25
donations
in
payment
of
any
kind,
including
donations,
for
the
26
food
or
alcoholic
beverages
from
the
guests,
and
the
alcoholic
27
beverages
and
food
shall
be
served
without
cost
to
the
guests.
28
c.
Section
123.92
does
not
apply
to
a
liquor
control
29
licensee
who
acts
in
accordance
with
this
section
when
the
30
liquor
control
licensee
is
providing
and
serving
food
and
31
alcoholic
beverages
as
an
agent
of
a
private
social
host
at
a
32
private
social
gathering
in
a
private
place
which
is
not
on
the
33
licensed
premises.
34
2.
An
applicant
for
a
class
“B”
liquor
control
license
or
35
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1189DP
(11)
88
ec/rn
22/
39
S.F.
_____
H.F.
_____
class
“C”
liquor
control
license
shall
state
on
the
application
1
for
the
license
that
the
licensee
intends
to
engage
in
catering
2
food
and
alcoholic
beverages
for
private
social
gatherings
and
3
the
catering
privilege
shall
be
noted
on
the
license
or
permit.
4
d.
A
licensee
who
engages
in
catering
food
and
alcoholic
5
beverages
for
private
social
gatherings
shall
maintain
a
record
6
on
the
licensed
premises
which
includes
the
name
and
address
7
of
the
host
of
the
private
social
gathering,
and
the
date
for
8
which
catering
was
provided.
The
record
maintained
pursuant
to
9
this
section
shall
be
open
to
inspection
pursuant
to
section
10
123.30,
subsection
1
,
during
normal
business
hours
of
the
11
licensee.
12
Sec.
39.
Section
123.122,
Code
2019,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
123.122
Beer
certificate,
permit,
or
license
required
——
15
exception
for
personal
use.
16
1.
A
person
shall
not
cause
the
manufacture,
importation,
17
or
sale
of
beer
in
this
state
unless
a
certificate
or
permit
18
as
provided
in
this
subchapter,
or
a
liquor
control
license
as
19
provided
in
subchapter
1
of
this
chapter,
is
first
obtained
20
which
authorizes
that
manufacture,
importation,
or
sale.
21
2.
Any
person
of
legal
age
may
manufacture
beer
for
22
personal
use
without
a
class
“A”
beer
permit,
subject
to
the
23
requirements
of
this
subsection.
Such
beer
may
be
consumed
24
on
the
premises
or
removed
from
the
premises
where
it
was
25
manufactured
only
if
the
beer
is
not
sold,
exchanged,
bartered,
26
dispensed,
or
given
in
consideration
of
purchase
for
any
27
property
or
services
or
in
evasion
of
the
requirements
of
this
28
chapter.
29
3.
Except
as
otherwise
provided
in
this
chapter,
a
person
30
shall
not
import
beer.
However,
an
individual
of
legal
age
31
may
import
beer
into
the
state
without
a
certificate,
permit,
32
or
license
an
amount
of
beer
not
to
exceed
four
and
one-half
33
gallons
per
calendar
month
that
the
individual
personally
34
obtained
outside
the
state
or,
in
the
case
of
beer
personally
35
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39
S.F.
_____
H.F.
_____
obtained
outside
the
United
States,
a
quantity
which
does
1
not
exceed
the
amount
allowed
by
federal
law
governing
the
2
importation
of
alcoholic
beverages
into
the
United
States
3
for
personal
consumption.
Beer
imported
pursuant
to
this
4
section
shall
be
for
personal
consumption
in
a
private
home
or
5
other
private
accommodation
and
only
if
the
beer
is
not
sold,
6
exchanged,
bartered,
dispensed,
or
given
in
consideration
of
7
purchase
for
any
property
or
services
or
in
evasion
of
the
8
requirements
of
this
chapter.
9
Sec.
40.
Section
123.127,
subsection
1,
unnumbered
10
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
11
A
person
applying
for
a
class
“A”
or
special
class
“A”
beer
12
permit
shall
submit
an
a
completed
application
electronically,
13
or
in
a
manner
prescribed
by
the
administrator,
which
shall
set
14
forth
under
oath
the
following:
15
Sec.
41.
Section
123.127,
subsection
1,
paragraph
b,
Code
16
2019,
is
amended
to
read
as
follows:
17
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
18
a
corporation,
limited
liability
company,
or
any
other
similar
19
legal
entity,
the
officers,
directors,
and
persons
owning
or
20
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
21
having
a
financial
interest,
by
way
of
loan,
ownership,
or
22
otherwise,
in
the
business.
23
Sec.
42.
Section
123.130,
subsection
1,
Code
2019,
is
24
amended
to
read
as
follows:
25
1.
Any
person
holding
a
class
“A”
beer
permit
issued
by
the
26
division
shall
be
authorized
to
manufacture
and
sell,
or
sell
27
at
wholesale,
beer
for
consumption
off
the
premises,
such
sales
28
within
the
state
to
be
made
only
to
persons
holding
subsisting
29
class
“A”,
“B”,
or
“C”
beer
permits,
both
a
class
“C”
native
30
wine
permit
and
a
class
“A”
wine
permit
pursuant
to
section
31
123.178B,
subsection
4
,
or
liquor
control
licenses
issued
in
32
accordance
with
the
provisions
of
this
chapter
.
A
person
33
holding
a
class
“A”
beer
permit
may
sell
beer
to
distributors
34
outside
of
the
state
that
are
authorized
by
the
laws
of
that
35
-24-
LSB
1189DP
(11)
88
ec/rn
24/
39
S.F.
_____
H.F.
_____
jurisdiction
to
sell
beer
at
wholesale.
A
class
“A”
or
special
1
class
“A”
beer
permit
does
not
grant
authority
to
manufacture
2
wine
as
defined
in
section
123.3,
subsection
48
.
3
Sec.
43.
Section
123.130,
Code
2019,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
1A.
Pursuant
to
section
123.45,
subsection
6
2,
a
native
brewery
may
be
granted
not
more
than
one
class
“B”
7
beer
permit
as
defined
in
section
123.124
for
the
purpose
of
8
selling
beer
at
retail
for
consumption
on
or
off
the
premises
9
of
the
manufacturing
facility.
10
Sec.
44.
Section
123.130,
Code
2019,
is
amended
by
adding
11
the
following
new
subsection:
12
NEW
SUBSECTION
.
4.
A
manufacturer
of
beer
issued
a
class
13
“A”
or
special
class
“A”
beer
permit
shall
file
with
the
14
division,
on
or
before
the
fifteenth
day
of
each
calendar
15
month,
all
documents
filed
with
the
alcohol
and
tobacco
tax
and
16
trade
bureau
of
the
United
States
department
of
the
treasury,
17
including
all
brewer’s
operation
and
excise
tax
return
reports.
18
Sec.
45.
Section
123.131,
subsection
2,
unnumbered
19
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
20
Subject
to
the
rules
of
the
division,
sales
of
beer
for
21
consumption
off
the
premises
made
pursuant
to
this
section
22
may
be
made
in
a
container
other
than
the
original
container
23
only
if
the
container
is
carried
into
an
immediately
adjacent
24
licensed
or
permitted
premises
covered
by
a
license
or
permit
25
that
authorizes
the
consumption
of
beer
,
temporary
temporarily
26
closed
public
right-of-way,
or
a
private
property
place
,
or
if
27
all
of
the
following
requirements
are
met:
28
Sec.
46.
Section
123.135,
subsection
1,
Code
2019,
is
29
amended
to
read
as
follows:
30
1.
A
manufacturer,
brewer,
bottler,
importer,
or
vendor
of
31
beer,
or
any
agent
thereof,
desiring
to
ship
or
sell
beer,
or
32
have
beer
brought
into
this
state
for
resale
by
a
class
“A”
33
beer
permittee,
shall
first
make
application
for
and
be
issued
34
a
brewer’s
certificate
of
compliance
by
the
administrator
for
35
-25-
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1189DP
(11)
88
ec/rn
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39
S.F.
_____
H.F.
_____
that
purpose.
The
certificate
of
compliance
expires
at
the
1
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
2
for
a
like
period
upon
application
to
the
administrator
unless
3
otherwise
revoked
for
cause.
Each
completed
application
for
4
a
certificate
of
compliance
or
renewal
of
a
certificate
shall
5
be
submitted
electronically,
or
in
a
manner
prescribed
by
6
the
administrator,
and
shall
be
accompanied
by
a
fee
of
five
7
hundred
dollars
payable
to
the
division.
Each
holder
of
a
8
certificate
of
compliance
shall
furnish
the
information
in
a
9
manner
the
administrator
requires.
10
Sec.
47.
Section
123.135,
subsection
5,
Code
2019,
is
11
amended
by
striking
the
subsection
and
inserting
in
lieu
12
thereof
the
following:
13
5.
Any
violation
of
the
requirements
of
this
chapter
or
14
the
rules
adopted
pursuant
to
this
chapter
shall
subject
the
15
holder
of
a
brewer’s
certificate
of
compliance
or
a
class
“A”
16
beer
permit
holder
to
the
general
penalties
provided
in
this
17
chapter
and
shall
constitute
grounds
for
imposition
of
a
civil
18
penalty,
suspension
of
the
certificate
or
permit,
or
revocation
19
of
the
certificate
or
permit
after
notice
and
opportunity
for
a
20
hearing
pursuant
to
section
123.39
and
chapter
17A.
21
Sec.
48.
Section
123.136,
subsection
1,
Code
2019,
is
22
amended
to
read
as
follows:
23
1.
In
addition
to
the
annual
permit
fee
to
be
paid
by
24
all
class
“A”
beer
permittees
under
this
chapter
there
shall
25
be
levied
and
collected
from
the
permittees
on
all
beer
26
manufactured
for
sale
or
sold
in
this
state
at
wholesale
and
27
on
all
beer
imported
into
this
state
for
sale
at
wholesale
and
28
sold
in
this
state
at
wholesale,
and
from
special
class
“A”
29
beer
permittees
on
all
beer
manufactured
for
consumption
on
the
30
premises
and
on
all
beer
sold
at
retail
at
the
manufacturing
31
premises
for
consumption
off
the
premises
pursuant
to
section
32
123.130,
subsection
3
,
a
tax
of
five
and
eighty-nine
hundredths
33
dollars
for
every
barrel
containing
thirty-one
gallons,
and
at
34
a
like
rate
for
any
other
quantity
or
for
the
fractional
part
35
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1189DP
(11)
88
ec/rn
26/
39
S.F.
_____
H.F.
_____
of
a
barrel.
However,
no
tax
shall
be
levied
or
collected
on
1
beer
shipped
outside
this
state
by
a
class
“A”
beer
permittee
2
or
special
class
“A”
beer
permittee
or
on
beer
sold
to
a
class
3
“A”
beer
permittee
by
one
a
special
class
“A”
beer
permittee
to
4
or
another
class
“A”
beer
permittee.
5
Sec.
49.
Section
123.143,
subsection
3,
Code
2019,
is
6
amended
to
read
as
follows:
7
3.
Barrel
tax
revenues
collected
on
beer
manufactured
in
8
this
state
from
a
class
“A”
beer
permittee
which
owns
and
9
operates
a
native
brewery
located
in
Iowa
shall
be
credited
10
to
the
barrel
tax
fund
hereby
created
in
the
office
of
the
11
treasurer
of
state.
Moneys
deposited
in
the
barrel
tax
fund
12
shall
not
revert
to
the
general
fund
of
the
state
without
a
13
specific
appropriation
by
the
general
assembly.
Moneys
in
the
14
barrel
tax
fund
are
appropriated
to
the
economic
development
15
authority
for
purposes
of
section
15E.117
.
16
Sec.
50.
Section
123.173A,
subsection
2,
Code
2019,
is
17
amended
to
read
as
follows:
18
2.
An
authorized
nonprofit
entity
may,
upon
application
19
to
the
division
and
receipt
of
a
charity
beer,
spirits,
and
20
wine
auction
permit
from
the
division,
conduct
a
charity
21
auction
which
includes
beer,
spirits,
and
wine.
The
completed
22
application
shall
specify
the
date
and
time
when
the
charity
23
beer,
spirits,
and
wine
auction
is
to
be
conducted
and
the
24
premises
in
this
state
where
the
charity
beer,
spirits,
and
25
wine
auction
is
to
be
physically
conducted.
The
applicant
26
shall
certify
that
the
objective
of
the
charity
beer,
spirits,
27
and
wine
auction
is
to
raise
funds
solely
to
be
used
for
28
educational,
religious,
or
charitable
purposes
and
that
the
29
entire
proceeds
from
the
charity
beer,
spirits,
and
wine
30
auction
are
to
be
expended
for
any
of
the
purposes
described
in
31
section
423.3,
subsection
78
.
32
Sec.
51.
Section
123.173A,
Code
2019,
is
amended
by
adding
33
the
following
new
subsection:
34
NEW
SUBSECTION
.
8.
Any
violation
of
the
requirements
of
35
-27-
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1189DP
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88
ec/rn
27/
39
S.F.
_____
H.F.
_____
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
1
shall
subject
the
permit
holder
to
the
general
penalties
2
provided
in
this
chapter
and
shall
constitute
grounds
for
3
imposition
of
a
civil
penalty,
suspension
of
the
permit,
or
4
revocation
of
the
permit
after
notice
and
opportunity
for
a
5
hearing
pursuant
to
section
123.39
and
chapter
17A.
6
Sec.
52.
Section
123.175,
subsection
1,
unnumbered
7
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
8
A
person
applying
for
a
class
“A”
or
retail
wine
permit
9
shall
submit
an
a
completed
application
electronically,
or
in
a
10
manner
prescribed
by
the
administrator,
which
shall
set
forth
11
under
oath
the
following:
12
Sec.
53.
Section
123.175,
subsection
1,
paragraph
b,
Code
13
2019,
is
amended
to
read
as
follows:
14
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
15
a
corporation,
limited
liability
company,
or
any
other
similar
16
legal
entity,
the
officers,
directors,
and
persons
owning
or
17
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
18
having
a
financial
interest,
by
way
of
loan,
ownership,
or
19
otherwise,
in
the
business.
20
Sec.
54.
Section
123.177,
subsection
1,
Code
2019,
is
21
amended
to
read
as
follows:
22
1.
A
person
holding
a
class
“A”
wine
permit
may
manufacture
23
and
sell,
or
sell
at
wholesale,
wine
for
consumption
off
the
24
premises.
Sales
within
the
state
may
be
made
only
to
persons
25
holding
a
class
“A”
or
“B”
wine
permit
and
to
persons
holding
a
26
retail
liquor
control
license.
However,
if
the
person
holding
27
the
class
“A”
permit
is
a
manufacturer
of
native
wine,
the
28
person
may
sell
only
native
wine
to
a
person
holding
a
retail
29
wine
permit
or
a
retail
liquor
control
license.
A
person
30
holding
a
class
“A”
wine
permit
may
sell
wine
to
distributors
31
outside
of
the
state
that
are
authorized
by
the
laws
of
that
32
jurisdiction
to
sell
wine
at
wholesale.
A
class
“A”
wine
33
permittee
having
more
than
one
place
of
business
shall
obtain
a
34
separate
permit
for
each
place
of
business
where
wine
is
to
be
35
-28-
LSB
1189DP
(11)
88
ec/rn
28/
39
S.F.
_____
H.F.
_____
manufactured,
stored,
warehoused,
or
sold.
1
Sec.
55.
Section
123.179,
subsection
1,
Code
2019,
is
2
amended
to
read
as
follows:
3
1.
The
annual
permit
fee
for
a
class
“A”
wine
permit
that
4
is
not
issued
to
a
native
wine
manufacturer
is
seven
hundred
5
fifty
dollars.
6
Sec.
56.
Section
123.179,
Code
2019,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
1A.
The
annual
permit
fee
for
a
class
“A”
9
wine
permit
issued
to
a
native
wine
manufacturer
is
twenty-five
10
dollars.
11
Sec.
57.
Section
123.180,
subsection
1,
Code
2019,
is
12
amended
to
read
as
follows:
13
1.
A
manufacturer,
vintner,
bottler,
importer,
or
vendor
of
14
wine,
or
an
agent
thereof,
desiring
to
ship,
sell,
or
have
wine
15
brought
into
this
state
for
sale
at
wholesale
by
a
class
“A”
16
permittee
shall
first
make
application
for
and
shall
be
issued
17
a
vintner’s
certificate
of
compliance
by
the
administrator
18
for
that
purpose.
The
vintner’s
certificate
of
compliance
19
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
20
and
shall
be
renewed
for
a
like
period
upon
application
to
21
the
administrator
unless
otherwise
revoked
for
cause.
Each
22
completed
application
for
a
vintner’s
certificate
of
compliance
23
or
renewal
of
a
certificate
shall
be
submitted
electronically,
24
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
25
accompanied
by
a
fee
of
one
hundred
dollars
payable
to
the
26
division.
Each
holder
of
a
vintner’s
certificate
of
compliance
27
shall
furnish
the
information
required
by
the
administrator
in
28
the
form
the
administrator
requires.
A
vintner
or
wine
bottler
29
whose
plant
is
located
in
Iowa
and
who
otherwise
holds
a
class
30
“A”
wine
permit
to
sell
wine
at
wholesale
is
exempt
from
the
31
fee,
but
not
the
other
terms
and
conditions.
The
holder
of
a
32
vintner’s
certificate
of
compliance
may
also
hold
a
class
“A”
33
wine
permit.
34
Sec.
58.
Section
123.180,
subsection
6,
Code
2019,
is
35
-29-
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1189DP
(11)
88
ec/rn
29/
39
S.F.
_____
H.F.
_____
amended
by
striking
the
subsection
and
inserting
in
lieu
1
thereof
the
following:
2
6.
Any
violation
of
the
requirements
of
this
chapter
or
3
the
rules
adopted
pursuant
to
this
chapter
shall
subject
the
4
holder
of
a
vintner’s
certificate
of
compliance
or
a
class
“A”
5
wine
permit
holder
to
the
general
penalties
provided
in
this
6
chapter
and
shall
constitute
grounds
for
imposition
of
a
civil
7
penalty,
suspension
of
the
certificate
or
permit,
or
revocation
8
of
the
certificate
or
permit
after
notice
and
opportunity
for
a
9
hearing
pursuant
to
section
123.39
and
chapter
17A.
10
Sec.
59.
Section
123.183,
subsection
1,
Code
2019,
is
11
amended
to
read
as
follows:
12
1.
In
addition
to
the
annual
permit
fee
to
be
paid
by
each
13
class
“A”
wine
permittee,
a
wine
gallonage
tax
shall
be
levied
14
and
collected
from
each
class
“A”
wine
permittee
on
all
wine
15
manufactured
for
sale
and
sold
in
this
state
at
wholesale
and
16
on
all
wine
imported
into
this
state
for
sale
at
wholesale
and
17
sold
in
this
state
at
wholesale.
A
wine
gallonage
tax
shall
18
also
be
levied
and
collected
on
the
direct
shipment
of
wine
19
pursuant
to
section
123.187
.
The
rate
of
the
wine
gallonage
20
tax
is
one
dollar
and
seventy-five
cents
for
each
wine
gallon.
21
The
same
rate
shall
apply
for
the
fractional
parts
of
a
22
wine
gallon.
The
wine
gallonage
tax
shall
not
be
levied
or
23
collected
on
wine
sold
by
one
class
“A”
wine
permittee
to
24
another
class
“A”
wine
permittee
or
on
wine
that
is
sold
by
a
25
class
“A”
wine
permittee
to
a
distributor
outside
of
the
state
.
26
Sec.
60.
Section
123.186,
subsection
1,
Code
2019,
is
27
amended
to
read
as
follows:
28
1.
The
division
shall
adopt
as
rules
the
substance
of
the
29
federal
regulations
27
C.F.R.
30
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
31
between
wholesalers
and
retailers
.
32
Sec.
61.
Section
123.187,
subsection
3,
paragraph
d,
Code
33
2019,
is
amended
to
read
as
follows:
34
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1189DP
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88
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30/
39
S.F.
_____
H.F.
_____
d.
All
containers
of
wine
shipped
directly
to
a
resident
35
of
this
state
shall
be
shipped
by
a
holder
of
a
wine
carrier
1
permit
as
provided
in
subsection
6
section
123.188
.
2
Sec.
62.
Section
123.187,
subsection
6,
Code
2019,
is
3
amended
by
striking
the
subsection.
4
Sec.
63.
NEW
SECTION
.
123.188
Wine
carrier
——
permit
and
5
requirements.
6
1.
A
person
desiring
to
deliver
wine
subject
to
direct
7
shipment
within
this
state
pursuant
to
section
123.187
shall
8
submit
an
application
for
a
wine
carrier
permit
electronically,
9
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
10
accompanied
by
a
fee
in
the
amount
of
one
hundred
dollars.
11
2.
The
administrator
may
in
accordance
with
this
chapter
12
issue
a
wine
carrier
permit
which
shall
be
valid
for
one
year
13
from
the
date
of
issuance
unless
it
is
sooner
suspended
or
14
revoked
for
a
violation
of
this
chapter.
15
3.
A
permit
issued
pursuant
to
this
section
may
be
16
renewed
annually
by
submitting
a
renewal
application
with
the
17
administrator
in
a
manner
prescribed
by
the
administrator,
18
accompanied
by
the
one
hundred
dollar
permit
fee.
19
4.
The
delivery
of
wine
pursuant
to
this
section
shall
be
20
subject
to
the
following
requirements
and
restrictions:
21
a.
A
wine
carrier
permittee
shall
not
deliver
wine
to
22
any
person
under
twenty-one
years
of
age,
or
to
any
person
23
who
either
is
or
appears
to
be
in
an
intoxicated
state
or
24
condition.
25
b.
A
wine
carrier
permittee
shall
obtain
valid
proof
of
26
identity
and
age
prior
to
delivery,
and
shall
obtain
the
27
signature
of
an
adult
as
a
condition
of
delivery.
28
c.
A
wine
carrier
permittee
shall
maintain
records
of
wine
29
shipped
which
include
the
permit
number
and
name
of
the
wine
30
manufacturer,
quantity
of
wine
shipped,
recipient’s
name
and
31
address,
and
an
electronic
or
paper
form
of
signature
from
32
the
recipient
of
the
wine.
Records
shall
be
submitted
to
33
the
division
on
a
monthly
basis
in
a
form
and
manner
to
be
34
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LSB
1189DP
(11)
88
ec/rn
31/
39
S.F.
_____
H.F.
_____
determined
by
the
division.
35
5.
A
violation
of
this
section
shall
subject
the
permittee
1
to
the
general
penalties
provided
in
this
chapter
and
shall
2
constitute
grounds
for
imposition
of
a
civil
penalty
or
3
suspension
or
revocation
of
the
permit
pursuant
to
section
4
123.39.
5
Sec.
64.
CODE
EDITOR
DIRECTIVE.
6
1.
The
Code
editor
is
directed
to
make
the
following
7
transfer:
8
Section
123.56
to
section
123.176.
9
2.
The
Code
editor
is
directed
to
correct
internal
10
references
in
the
Code
as
necessary
due
to
enactment
of
this
11
section.
12
Sec.
65.
REPEAL.
Sections
123.144
and
123.146,
Code
2019,
13
are
repealed.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
concerns
alcoholic
beverage
control
and
matters
18
under
the
purview
of
the
alcoholic
beverages
division
of
the
19
department
of
commerce.
20
Code
section
123.3,
providing
definitions,
is
amended.
21
The
bill
amends
the
definitions
for
“alcoholic
liquor”,
22
“beer”,
“high
alcoholic
content
beer”,
and
“wine”,
by
removing
23
references
to
a
percent
of
alcohol
by
weight
and,
if
not
24
already
included
in
the
definition,
providing
for
the
percent
25
of
alcohol
by
volume
for
each
definition.
In
addition,
the
26
bill
strikes
the
exclusion
of
mixed
drinks
or
cocktails
mixed
27
on
the
premises
from
the
definition
of
“beer”.
The
definition
28
of
“application”
is
amended
by
adding
certificate.
The
29
definition
of
“licensed
premises”
is
amended
by
striking
areas
30
susceptible
of
precise
definition
from
what
may
constitute
a
31
single
licensed
premises.
The
definition
of
“local
authority”
32
is
amended
to
include
a
designee
of
a
city
council
or
county
33
board
of
supervisors.
The
definition
of
“person”
is
also
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amended
to
add
limited
liability
companies
and
to
add,
in
35
relation
to
corporations
and
limited
liability
companies,
other
1
similar
legal
entities.
The
bill
also
adds
definitions
for
2
“completed
application”,
“mixed
drink
or
cocktail”,
“native
3
brewery”,
and
“private
place”.
“Completed
application”
is
4
defined
as
an
application
for
a
license,
permit,
or
certificate
5
where
all
necessary
fees
or
bonds
have
been
paid
or
submitted
6
and
the
applicant
has
provided
all
information
to
the
alcoholic
7
beverages
division.
The
bill
makes
corresponding
changes
8
in
Code
chapter
123
referencing
the
requirement
to
file
9
a
completed
application
for
a
particular
license,
permit,
10
or
certificate.
“Mixed
drink
or
cocktail”
is
defined
as
11
an
alcoholic
beverage,
consisting
in
whole
or
in
part
of
12
alcoholic
liquors,
that
is
combined
with
other
alcoholic
or
13
nonalcoholic
beverages.
“Native
brewery”
is
defined
as
a
14
business
that
manufactures
beer
or
high
alcoholic
content
beer
15
by
a
person
holding
a
class
“A”
beer
permit
that
authorizes
16
the
manufacture.
“Private
place”
is
defined
as
a
location
17
which,
at
the
time
alcoholic
beverages
are
kept,
dispensed,
or
18
consumed,
does
not
provide
access
to
the
general
public,
limits
19
access
to
bona
fide
social
hosts
and
invited
guests,
is
not
of
20
a
commercial
nature,
does
not
provide
for
the
sale
and
purchase
21
of
goods
and
services,
is
not
a
licensed
premises,
and
does
not
22
charge
admission.
23
Code
section
123.10,
concerning
rules,
is
amended
to
24
authorize
the
alcoholic
beverages
division
to
prescribe
a
25
uniform
fee
to
be
assessed
against
certain
licensees
and
26
permittees
to
recover
administrative
costs
incurred
relating
27
to
the
failure
of
a
licensee
or
permittee
to
maintain
28
dramshop
liability
insurance
coverage
and
for
contested
case
29
proceedings.
30
Code
section
123.14,
concerning
alcoholic
beverage
control
31
law
enforcement,
is
rewritten
to
provide
that
the
alcoholic
32
beverage
control
law
enforcement
authority
of
the
state
33
shall
include
the
department
of
public
safety,
the
alcoholic
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beverages
division,
county
attorneys
and
sheriffs
and
deputy
35
sheriffs,
and
city
police
departments.
The
rewritten
section
1
also
provides
that
investigators
and
compliance
officers
of
2
the
alcoholic
beverages
division
shall
have
the
power
and
3
authority
of
peace
officers
as
it
relates
to
alcoholic
beverage
4
control.
The
rewritten
section
also
strikes
a
provision
5
relating
to
access
to
certain
records
within
the
alcoholic
6
beverages
division
by
the
department
of
public
safety.
The
7
bill
establishes
new
Code
section
123.38A
to
provide
access
to
8
law
enforcement
for
certain
confidential
investigative
records.
9
Code
section
123.23,
concerning
distiller’s
certificate
of
10
compliance,
is
amended
to
specifically
provide
that
the
general
11
penalty
provisions
of
the
Code
chapter
apply
to
any
violation
12
of
the
Code
chapter
or
rules
adopted
pursuant
to
the
Code
13
chapter
by
a
holder
of
a
distiller’s
certificate
of
compliance.
14
Code
section
123.24,
relating
to
liquor
prices,
is
amended
15
to
contain
all
current
provisions
of
the
Code
section
relating
16
to
establishing
liquor
prices
sold
by
the
alcoholic
beverages
17
division
in
a
new
Code
subsection.
18
Code
section
123.27,
concerning
sales
and
deliveries
of
19
alcoholic
liquor
from
the
state
warehouse,
is
amended
to
20
eliminate
the
restriction
on
sales
and
deliveries
on
Sunday.
21
Code
section
123.30,
concerning
liquor
control
licenses,
is
22
amended.
The
bill
provides
that
a
liquor
control
license
not
23
be
issued
for
a
premises
that
does
not
constitute
a
safe
and
24
proper
place
or
building.
The
bill
also
strikes
a
provision
25
that
allowed
a
person
holding
a
liquor
control
license
to
26
permit
a
customer
to
carry
an
open
container
of
alcoholic
27
liquor
from
the
licensed
premises
to
an
adjacent
licensed
28
premises,
temporary
closed
public
right-of-way,
or
private
29
property.
30
Code
section
123.31,
concerning
liquor
control
license
31
applications,
is
amended
to
provide
that
officers,
directors,
32
and
persons
owning
at
least
10
percent
of
stock
in
a
limited
33
liability
company
or
other
similar
legal
entity
shall
be
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included
on
the
application
for
a
license.
35
Code
section
123.32,
concerning
action
by
local
authorities
1
and
the
alcoholic
beverages
division
on
applications
for
2
certain
licenses
and
permits
is
amended.
The
bill
provides
3
that
liquor
control
licenses
and
permits
currently
required
4
to
be
filed
with
the
appropriate
city
council
or
county
board
5
of
supervisors
may
also
be
filed
with
a
designee
of
the
city
6
or
county
board
of
supervisors.
The
bill
adds
a
completed
7
application
for
a
certificate
of
compliance
to
the
list
of
8
applications
covered
by
the
Code
section
and
specifically
9
lists
all
completed
applications
for
licenses,
permits,
10
and
certificates
that
shall
be
submitted
to
the
alcoholic
11
beverages
division.
The
bill
also
allows
the
administrator
of
12
the
alcoholic
beverages
division
to
notify
an
applicant
of
a
13
disapproval
of
an
application
by
personal
service.
14
Code
section
123.34,
concerning
seasonal
and
shorter
15
duration
licenses
and
permits,
is
amended
to
specifically
16
authorize
these
types
of
permits
for
class
“B”
and
class
“C”
17
native
wine
permits
and
to
provide
for
the
appropriate
fee
for
18
these
shorter
duration
class
“B”
and
class
“C”
native
wine
19
permits.
20
Code
section
123.36,
concerning
liquor
control
license
fees,
21
is
amended
to
eliminate
the
additional
tax
imposed
on
an
air
22
common
carrier
for
a
class
“D”
license.
23
New
Code
section
123.38A
provides
for
the
confidential
24
treatment
of
investigative
information
in
the
possession
of
25
the
alcoholic
beverages
division
before
administrative
or
26
criminal
charges
are
filed.
The
new
Code
section
authorizes
27
the
disclosure
of
information
to
other
law
enforcement
or
28
regulatory
agencies,
including
other
licensing
authorities
in
29
other
jurisdictions.
30
Code
section
123.39,
concerning
suspension
or
revocation
31
of
a
license
or
permit,
is
amended
to
include
a
certificate
32
of
compliance
and
to
provide
that
civil
penalties
imposed
and
33
collected
by
the
alcoholic
beverages
division
shall
be
credited
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and
used
as
provided
in
the
general
provision
covering
civil
35
penalties
imposed
and
collected
by
the
division
in
Code
section
1
123.17,
subsection
7.
2
Code
section
123.41,
concerning
manufacturer’s
licenses,
3
is
amended
to
specifically
provide
that
the
general
penalty
4
provisions
of
the
Code
chapter
apply
to
any
violation
of
the
5
Code
chapter
or
rules
adopted
pursuant
to
the
Code
chapter
by
a
6
holder
of
a
manufacturer’s
license.
7
Code
section
123.43,
concerning
class
“A”
native
distilled
8
spirits
license
applications
and
issuance,
is
amended
to
9
provide
that
officers,
directors,
and
persons
owning
at
least
10
10
percent
of
stock
in
a
limited
liability
company
or
other
11
similar
legal
entity
shall
be
included
on
the
application
for
12
a
license.
13
Code
section
123.43A,
concerning
native
distilleries,
is
14
amended
to
eliminate
the
restriction
on
the
number
of
class
15
“A”
native
distilled
spirits
licenses
that
may
be
issued
to
a
16
person.
17
Code
section
123.49,
miscellaneous
provisions,
is
amended
18
to
provide
that
the
exception
on
certain
prohibitions
relating
19
to
the
keeping
of
any
alcoholic
liquor
in
certain
containers
20
for
common
carriers
holding
a
class
“D”
liquor
control
license
21
applies
to
all
holders
of
that
license.
22
Code
section
123.56,
concerning
native
wines,
is
amended.
23
The
bill
removes
the
license
fee
for
a
class
“A”
wine
permit
24
for
a
native
wine
manufacturer
from
the
Code
section
and
adds
25
the
fee
to
Code
section
123.179
providing
for
wine
permit
fees.
26
The
bill
also
requires
a
person
who
manufactures
native
wine
27
to
file
with
the
division
the
records
that
are
filed
monthly
28
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
29
States
department
of
the
treasury.
The
bill
directs
the
Code
30
editor
to
transfer
this
Code
section
to
new
Code
section
31
123.176.
32
Code
section
123.122,
concerning
required
beer
permits
or
33
licenses,
is
amended
to
add
to
the
Code
section
provisions
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concerning
exceptions
for
personal
use
relative
to
homemade
35
beer
and
importation
of
beer
currently
provided
in
Code
section
1
123.144,
subsection
2,
and
Code
section
123.146.
2
Code
section
123.127,
concerning
class
“A”
and
special
3
class
“A”
beer
permit
applications,
is
amended
to
provide
that
4
officers,
directors,
and
persons
owning
at
least
10
percent
of
5
stock
in
a
limited
liability
company
or
other
similar
legal
6
entity
shall
be
included
on
the
application
for
the
permit.
7
Code
section
123.130,
concerning
authority
under
a
class
“A”
8
and
special
class
“A”
beer
permit,
is
amended
to
provide
that
a
9
holder
of
a
class
“A”
beer
permit
may
sell
beer
to
distributors
10
outside
Iowa,
pursuant
to
the
laws
of
that
jurisdiction,
to
11
provide
that
a
native
brewery
may
be
granted
not
more
than
one
12
class
“B”
beer
permit
for
selling
beer
at
the
manufacturing
13
facility,
and
to
require
a
person
who
manufactures
beer
to
file
14
with
the
alcoholic
beverages
division
the
records
it
files
15
monthly
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
16
the
United
States
department
of
the
treasury.
17
Code
section
123.131,
concerning
authority
under
a
class
“B”
18
beer
permit,
is
amended.
The
bill
provides
that
sales
of
beer
19
for
consumption
off
the
premises
in
a
container
that
is
not
the
20
original
container
may
be
carried
into
an
immediately
adjacent
21
premises
only
if
the
premises
is
covered
by
a
license
or
permit
22
that
allows
the
consumption
of
beer.
23
Code
section
123.135,
concerning
a
brewer’s
certificate
of
24
compliance,
is
amended
to
provide
that
the
general
penalty
25
provisions
of
Code
chapter
123
apply
to
any
violation
of
the
26
Code
chapter
or
rules
adopted
pursuant
to
the
Code
chapter
by
a
27
holder
of
a
brewer’s
certificate
of
compliance.
28
Code
section
123.136,
concerning
the
barrel
tax
on
beer,
is
29
amended
to
provide
that
the
exceptions
for
tax
applicable
to
30
class
“A”
beer
permittees
also
applies
to
special
class
“A”
31
beer
permittees.
32
Code
section
123.173A,
concerning
a
charity
beer,
spirits,
33
and
wine
auction
permit,
is
amended
to
provide
that
the
general
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penalty
provisions
of
Code
chapter
123
apply
to
any
violation
35
of
the
Code
chapter
or
rules
adopted
pursuant
to
the
Code
1
chapter
by
a
holder
of
an
auction
permit.
2
Code
section
123.175,
concerning
class
“A”
or
retail
wine
3
permit
applications,
is
amended
to
provide
that
officers,
4
directors,
and
persons
owning
at
least
10
percent
of
stock
in
a
5
limited
liability
company
or
other
similar
legal
entity
shall
6
be
included
on
the
application
for
the
permit.
7
Code
section
123.177,
concerning
authority
under
a
class
“A”
8
wine
permit,
is
amended
to
provide
that
a
holder
of
a
class
9
“A”
wine
permit
may
sell
wine
to
distributors
outside
Iowa,
10
pursuant
to
the
laws
of
that
jurisdiction.
11
Code
section
123.179,
concerning
wine
permit
fees,
is
12
amended
to
include
the
fee
for
a
class
“A”
wine
permit
issued
13
to
a
native
wine
manufacturer
currently
provided
in
Code
14
section
123.56.
15
Code
section
123.180,
concerning
a
vintner’s
certificate
16
of
compliance,
is
amended
to
provide
that
the
general
penalty
17
provisions
of
Code
chapter
123
apply
to
any
violation
of
the
18
Code
chapter
or
rules
adopted
pursuant
to
the
Code
chapter
by
a
19
holder
of
a
vintner’s
certificate
or
a
class
“A”
permit.
20
Code
section
123.183,
concerning
the
wine
gallonage
tax,
is
21
amended
to
provide
that
the
tax
shall
not
be
levied
on
wine
22
sold
by
a
class
“A”
wine
permittee
to
a
distributor
outside
of
23
the
state.
24
Code
section
123.186,
concerning
federal
regulations
adopted
25
as
rules,
is
amended
to
provide
that
the
alcoholic
beverages
26
division
adopt
as
rules
the
substance
of
the
entirety
of
27
federal
regulations
27
C.F.R.
pt.
6,
27
C.F.R.
pt.
8,
27
C.F.R.
28
pt.
10,
and
27
C.F.R.
pt.
11,
and
not
just
those
regulations
as
29
they
relate
to
transactions
between
wholesalers
and
retailers.
30
Code
section
123.187,
concerning
the
direct
shipment
of
31
wine,
is
amended
by
striking
provisions
relating
to
a
wine
32
carrier
permit.
The
bill
relocates
the
stricken
provisions
to
33
new
Code
section
123.188.
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