Bill Text: IA SF2347 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act providing for the personal importation of alcoholic liquor, wine, and beer, concerning criminal penalties for bootlegging, and including effective date and applicability provisions. (Formerly SSB 3084.) Effective 4-10-18.
Spectrum: Committee Bill
Status: (Passed) 2018-04-10 - Signed by Governor. S.J. 902. [SF2347 Detail]
Download: Iowa-2017-SF2347-Enrolled.html
Senate File 2347 - Enrolled
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB
3084)
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A BILL FOR
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Senate File 2347
AN ACT
PROVIDING FOR THE PERSONAL IMPORTATION OF ALCOHOLIC
LIQUOR, WINE, AND BEER, CONCERNING CRIMINAL PENALTIES FOR
BOOTLEGGING, AND INCLUDING EFFECTIVE DATE AND APPLICABILITY
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 123.10, Code 2018, is amended by adding
the following new subsection:
NEW SUBSECTION. 13. Providing for the issuance of a
waiver for an individual of legal age desiring to import
alcoholic liquor, wine, or beer in excess of the amount
provided in section 123.22, 123.146, or 123.171, as applicable.
The waiver shall be limited to those individuals who were
domiciled outside the state within one year of the request
for a waiver and shall provide that any alcoholic liquor,
wine, or beer imported pursuant to the waiver shall be for
personal consumption only in a private home or other private
accommodation.
Sec. 2. Section 123.22, subsection 1, Code 2018, is amended
to read as follows:
1. The division has the exclusive right of importation
into the state of all forms of alcoholic liquor, except as
otherwise provided in this chapter, and a person shall not
import alcoholic liquor, except that an individual of legal
age may import and have in the individual's possession an
amount of alcoholic liquor not exceeding one liter or, in
the case of alcoholic liquor personally obtained outside the
United States, four nine liters per calendar month that the
individual personally obtained outside the state. Alcoholic
liquor imported by an individual pursuant to this subsection
shall be for personal consumption only in a private home or
other private accommodation. A distillery shall not sell
alcoholic liquor within the state to any person but only to
the division, except as otherwise provided in this chapter.
This section vests in the division exclusive control within the
state as purchaser of all alcoholic liquor sold by distilleries
within the state or imported, except beer and wine, and except
as otherwise provided in this chapter. The division shall
receive alcoholic liquor on a bailment system for resale by the
division in the manner set forth in this chapter. The division
shall act as the sole wholesaler of alcoholic liquor to class
"E" liquor control licensees.
Sec. 3. Section 123.59, Code 2018, is amended to read as
follows:
123.59 Bootlegging == penalties.
1. Any person who, acting individually, or through another
acting for the person, keeps or carries on the person, or
in a vehicle, or leaves in a place for another to secure,
any alcoholic liquor, wine, or beer, with intent to sell or
dispense the liquor, wine, or beer, by gift or otherwise in
violation of law, or who, within this state, in any manner,
directly or indirectly, solicits, takes, or accepts an order
for the purchase, sale, shipment, or delivery of alcoholic
liquor, wine, or beer in violation of law, or aids in the
delivery and distribution of alcoholic liquor, wine, or beer so
ordered or shipped, or who in any manner procures for, sells,
or gives alcoholic liquor, wine, or beer to a person under
legal age, for any purpose except as authorized and permitted
in this chapter, is a bootlegger and subject to the general
penalties provided by this chapter.
2. A person who violates any of the provisions of this
section commits the following:
a. For a first offense, a simple misdemeanor.
b. For a second or subsequent offense, a serious
misdemeanor.
Sec. 4. NEW SECTION. 123.146 Importation of beer for
personal use.
Except as otherwise provided in this chapter, a person shall
not import beer. However, an individual of legal age may
import into the state without a certificate, permit, or license
an amount of beer not to exceed four and one=half gallons
per calendar month that the individual personally obtained
outside the state or, in the case of beer personally obtained
outside the United States, a quantity which does not exceed
the amount allowed by federal law governing the importation
of alcoholic beverages into the United States for personal
consumption. Beer imported pursuant to this section shall be
for personal consumption in a private home or other private
accommodation and only if the beer is not sold, exchanged,
bartered, dispensed, or given in consideration of purchase for
any property or services or in evasion of the requirements of
this chapter.
Sec. 5. Section 123.171, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. Notwithstanding subsection 1, an
individual of legal age may import into the state without a
certificate, permit, or license an amount of wine not to exceed
nine liters per calendar month that the individual personally
obtained outside the state or, in the case of wine personally
obtained outside the United States, a quantity which does
not exceed the amount allowed by federal law governing the
importation of alcoholic beverages into the United States
for personal consumption. Wine imported pursuant to this
subsection shall be for personal consumption in a private home
or other private accommodation and only if the wine is not
sold, exchanged, bartered, dispensed, or given in consideration
of purchase for any property or services or in evasion of the
requirements of this chapter.
Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
Sec. 7. APPLICABILITY. The section of this Act amending
section 123.10 applies to requests for waivers made on or after
June 1, 2018.
CHARLES SCHNEIDE
LINDA UPMEYER
W. CHARLES SMITH
KIM REYNOLDS
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