Bill Text: IA SF271 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act concerning the alcoholic beverages division of the department of commerce and alcoholic beverage control, and making penalties applicable. (Formerly SSB 1118.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF271 Detail]
Download: Iowa-2013-SF271-Introduced.html
Senate
File
271
-
Introduced
SENATE
FILE
271
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1118)
A
BILL
FOR
An
Act
concerning
the
alcoholic
beverages
division
of
the
1
department
of
commerce
and
alcoholic
beverage
control,
and
2
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
APPLICATIONS,
FORMS,
AND
RECORDS
2
Section
1.
Section
123.3,
subsection
6,
Code
2013,
is
3
amended
to
read
as
follows:
4
6.
“Application”
means
a
formal
written
request
for
the
5
issuance
of
a
permit
or
license
that
is
supported
by
a
verified
6
statement
of
facts
and
submitted
electronically,
or
in
a
manner
7
prescribed
by
the
administrator
.
8
Sec.
2.
Section
123.19,
subsections
1
and
2,
Code
2013,
are
9
amended
to
read
as
follows:
10
1.
Any
manufacturer,
distiller
,
or
importer
of
alcoholic
11
beverages
shipping,
selling,
or
having
alcoholic
beverages
12
brought
into
this
state
for
resale
by
the
state
shall,
as
a
13
condition
precedent
to
the
privilege
of
so
trafficking
in
14
alcoholic
liquors
in
this
state,
annually
make
application
for
15
and
hold
a
distiller’s
certificate
of
compliance
which
shall
16
be
issued
by
the
administrator
for
that
purpose.
No
brand
17
of
alcoholic
liquor
shall
be
sold
by
the
division
in
this
18
state
unless
the
manufacturer,
distiller,
importer,
and
all
19
other
persons
participating
in
the
distribution
of
that
brand
20
in
this
state
have
obtained
a
certificate.
The
certificate
21
of
compliance
shall
expire
at
the
end
of
one
year
from
the
22
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
23
application
to
the
administrator
unless
otherwise
suspended
24
or
revoked
for
cause.
Each
application
for
a
certificate
of
25
compliance
or
renewal
shall
be
made
submitted
electronically,
26
or
in
a
manner
and
upon
forms
prescribed
by
the
administrator
,
27
and
shall
be
accompanied
by
a
fee
of
fifty
dollars
payable
to
28
the
division.
However,
this
subsection
need
not
apply
to
a
29
manufacturer,
distiller,
or
importer
who
ships
or
sells
in
this
30
state
no
more
than
eleven
gallons
or
its
case
equivalent
during
31
any
fiscal
year
as
a
result
of
“special
orders”
which
might
32
be
placed,
as
defined
and
allowed
by
divisional
rules
adopted
33
under
this
chapter
.
34
2.
At
the
time
of
applying
for
a
certificate
of
compliance,
35
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each
applicant
shall
file
with
submit
to
the
division
1
electronically,
or
in
a
manner
prescribed
by
the
administrator,
2
the
name
and
address
of
its
authorized
agent
for
service
of
3
process
which
shall
remain
effective
until
changed
for
another,
4
and
a
list
of
names
and
addresses
of
all
representatives,
5
employees,
or
attorneys
whom
the
applicant
has
appointed
in
the
6
state
of
Iowa
to
represent
it
for
any
purpose.
The
listing
7
shall
be
amended
from
time
to
time
by
the
certificate
holder
as
8
necessary
to
keep
the
listing
current
with
the
division.
9
Sec.
3.
Section
123.31,
unnumbered
paragraph
1,
Code
2013,
10
is
amended
to
read
as
follows:
11
Verified
applications
for
the
original
issuance
or
the
12
renewal
of
liquor
control
licenses
shall
be
filed
at
the
13
time
and
in
the
number
of
copies
as
the
administrator
shall
14
prescribe,
on
forms
submitted
electronically,
or
in
a
manner
15
prescribed
by
the
administrator,
and
shall
set
forth
under
oath
16
the
following
information:
17
Sec.
4.
Section
123.32,
subsection
1,
Code
2013,
is
amended
18
to
read
as
follows:
19
1.
Filing
of
application.
An
application
for
a
class
“A”,
20
class
“B”,
class
“C”,
or
class
“E”
liquor
control
license,
for
21
a
class
“A”
micro-distilled
spirits
permit,
for
a
retail
beer
22
permit
as
provided
in
sections
123.128
and
123.129
,
or
for
a
23
class
“B”,
class
“B”
native,
or
class
“C”
native
retail
wine
24
permit
as
provided
in
section
123.178
,
123.178A
,
or
123.178B
,
25
accompanied
by
the
necessary
fee
and
bond,
if
required,
shall
26
be
filed
with
the
appropriate
city
council
if
the
premises
for
27
which
the
license
or
permit
is
sought
are
located
within
the
28
corporate
limits
of
a
city,
or
with
the
board
of
supervisors
29
if
the
premises
for
which
the
license
or
permit
is
sought
are
30
located
outside
the
corporate
limits
of
a
city.
An
application
31
for
a
class
“D”
liquor
control
license
and
for
a
class
“A”
32
beer
or
class
“A”
wine
permit,
accompanied
by
the
necessary
33
fee
and
bond,
if
required,
shall
be
filed
with
submitted
to
34
the
division
electronically,
or
in
a
manner
prescribed
by
the
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administrator
,
which
shall
proceed
in
the
same
manner
as
in
the
1
case
of
an
application
approved
by
local
authorities.
2
Sec.
5.
Section
123.33,
Code
2013,
is
amended
to
read
as
3
follows:
4
123.33
Records.
5
Every
holder
of
a
liquor
control
license
shall
keep
a
6
daily
record
,
in
printed
or
electronic
format,
of
the
gross
7
receipts
of
the
holder’s
business.
The
records
required
and
8
the
premises
of
the
licensee
shall
be
accessible
and
open
to
9
inspection
pursuant
to
section
123.30,
subsection
1
,
during
10
normal
business
hours
of
the
licensee.
11
Sec.
6.
Section
123.41,
subsection
1,
Code
2013,
is
amended
12
to
read
as
follows:
13
1.
Upon
Each
application
in
the
prescribed
form
to
obtain
14
or
renew
a
manufacturer’s
license
shall
be
submitted
to
the
15
division
electronically,
or
in
a
manner
prescribed
by
the
16
administrator,
and
shall
be
accompanied
by
a
fee
of
three
17
hundred
fifty
dollars
,
the
payable
to
the
division.
The
18
administrator
may
in
accordance
with
this
chapter
grant
and
19
issue
a
manufacturer’s
license,
valid
for
a
one-year
period
20
after
date
of
issuance,
to
a
manufacturer
which
shall
allow
21
the
manufacture,
storage,
and
wholesale
disposition
and
sale
22
of
alcoholic
liquors
to
the
division
and
to
customers
outside
23
of
the
state.
24
Sec.
7.
Section
123.42,
subsection
1,
Code
2013,
is
amended
25
to
read
as
follows:
26
1.
Prior
to
representing
or
promoting
a
distiller’s
27
alcoholic
liquor
products
in
the
state,
the
broker
shall
28
make
submit
an
application
to
the
administrator
on
forms
29
provided
division
electronically,
or
in
a
manner
prescribed
30
by
the
division
administrator,
for
a
broker’s
permit.
The
31
administrator
may
in
accordance
with
this
chapter
issue
a
32
broker’s
permit
which
shall
be
valid
for
one
year
from
the
33
date
of
issuance
unless
it
is
sooner
suspended
or
revoked
34
for
a
violation
of
this
chapter
.
A
broker’s
permit
is
valid
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throughout
the
state,
and
a
broker
who
represents
more
than
one
1
distiller
is
required
to
obtain
only
one
broker’s
permit.
2
Sec.
8.
Section
123.127,
subsection
1,
paragraph
a,
3
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
4
follows:
5
Submits
a
written
an
application
for
such
permit
6
electronically
,
or
in
a
manner
prescribed
by
the
administrator,
7
which
application
shall
state
under
oath:
8
Sec.
9.
Section
123.127,
subsection
1,
paragraph
c,
Code
9
2013,
is
amended
to
read
as
follows:
10
c.
Furnishes
a
bond
in
the
form
a
manner
prescribed
and
11
to
be
furnished
by
the
division
administrator
,
with
good
12
and
sufficient
sureties
to
be
approved
by
the
administrator
13
conditioned
upon
the
faithful
observance
of
this
chapter
,
in
14
the
penal
sum
of
five
thousand
dollars,
payable
to
the
state.
15
Sec.
10.
Section
123.128,
subsection
1,
unnumbered
16
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
17
Submits
a
written
an
application
for
such
permit
18
electronically
,
or
in
a
manner
prescribed
by
the
administrator,
19
which
application
shall
state
under
oath:
20
Sec.
11.
Section
123.129,
subsection
2,
paragraph
a,
Code
21
2013,
is
amended
to
read
as
follows:
22
a.
Submits
a
written
an
application
for
such
permit
23
electronically
,
or
in
a
manner
prescribed
by
the
administrator,
24
which
application
shall
state
under
oath
all
the
information
25
required
of
a
class
“A”
applicant
by
section
123.127,
26
subsection
1
,
paragraph
“a”
.
27
Sec.
12.
Section
123.135,
subsections
1
and
3,
Code
2013,
28
are
amended
to
read
as
follows:
29
1.
A
manufacturer,
brewer,
bottler,
importer,
or
vendor
30
of
beer
or
any
agent
thereof
desiring
to
ship
or
sell
beer,
31
or
have
beer
brought
into
this
state
for
resale
by
a
class
32
“A”
permittee
shall
first
make
application
for
and
be
issued
33
a
brewer’s
certificate
of
compliance
by
the
administrator
34
for
that
purpose.
The
certificate
of
compliance
expires
at
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the
end
of
one
year
from
the
date
of
issuance
and
shall
be
1
renewed
for
a
like
period
upon
application
to
the
administrator
2
unless
otherwise
revoked
for
cause.
Each
application
for
a
3
certificate
of
compliance
or
renewal
of
a
certificate
shall
4
be
submitted
electronically,
or
in
a
manner
prescribed
by
5
the
administrator,
and
shall
be
accompanied
by
a
fee
of
five
6
hundred
dollars
payable
to
the
division.
Each
holder
of
a
7
certificate
of
compliance
shall
furnish
the
information
in
the
8
form
a
manner
the
administrator
requires.
9
3.
All
class
“A”
permit
holders
shall
sell
only
those
brands
10
of
beer
which
are
manufactured,
brewed,
bottled,
shipped,
11
or
imported
by
a
person
holding
a
current
certificate
of
12
compliance.
Any
employee
or
agent
working
for
or
representing
13
the
holder
of
a
certificate
of
compliance
within
this
state
14
shall
register
submit
electronically,
or
in
a
manner
prescribed
15
by
the
administrator,
the
employee’s
or
agent’s
name
and
16
address
with
the
division
,
which
names
and
addresses
shall
be
17
filed
with
the
division’s
copy
of
the
certificate
of
compliance
18
issued
.
19
Sec.
13.
Section
123.137,
unnumbered
paragraph
1,
Code
20
2013,
is
amended
to
read
as
follows:
21
A
person
holding
a
class
“A”
or
special
class
“A”
permit
22
shall
on
or
before
the
tenth
day
of
each
calendar
month
23
commencing
on
the
tenth
day
of
the
calendar
month
following
the
24
month
in
which
the
person
is
issued
a
permit,
make
a
report
25
under
oath
to
the
division
upon
forms
to
be
furnished
by
26
the
division
for
that
purpose
electronically,
or
in
a
manner
27
prescribed
by
the
administrator,
showing
the
exact
number
of
28
barrels
of
beer,
or
fractional
parts
of
barrels,
sold
by
the
29
permit
holder
during
the
preceding
calendar
month.
The
report
30
shall
also
state
information
the
administrator
requires,
and
31
permit
holders
shall
at
the
time
of
filing
a
report
pay
to
the
32
division
the
amount
of
tax
due
at
the
rate
fixed
in
section
33
123.136
.
34
Sec.
14.
Section
123.173,
subsection
4,
Code
2013,
is
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amended
to
read
as
follows:
1
4.
When
a
class
“B”
or
class
“B”
native
wine
permittee
who
2
also
holds
a
class
“E”
liquor
control
license
sells
wine
to
a
3
class
“A”,
class
“B”,
or
class
“C”
liquor
control
licensee,
the
4
liquor
control
licensee
shall
sign
a
report
attesting
to
the
5
purchase.
The
class
“B”
or
class
“B”
native
wine
permittee
who
6
also
holds
a
class
“E”
liquor
control
license
shall
submit
a
7
report
to
the
division
electronically
,
on
forms
supplied
by
the
8
division
or
in
a
manner
prescribed
by
the
administrator
,
not
9
later
than
the
tenth
of
each
month
a
report
stating
each
sale
10
of
wine
to
class
“A”,
class
“B”,
and
class
“C”
liquor
control
11
licensees
during
the
preceding
month,
the
date
of
each
sale,
12
and
the
brands
and
numbers
of
bottles
with
each
sale.
A
class
13
“B”
permittee
who
holds
a
class
“E”
liquor
control
license
14
may
sell
to
class
“A”,
class
“B”,
or
class
“C”
liquor
control
15
licensees
only
if
the
licensed
premises
of
the
liquor
control
16
licensee
is
located
within
the
geographic
territory
of
the
17
class
“A”
wine
permittee
from
which
the
wine
was
originally
18
purchased
by
the
class
“B”
wine
permittee.
19
Sec.
15.
Section
123.175,
subsection
1,
unnumbered
20
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
21
Submits
a
written
an
application
electronically,
or
in
a
22
manner
prescribed
by
the
administrator,
for
the
permit
and
23
states
on
the
application
which
shall
state
under
oath:
24
Sec.
16.
Section
123.175,
subsection
3,
Code
2013,
is
25
amended
to
read
as
follows:
26
3.
Submits,
in
the
case
of
a
class
“A”
wine
permit,
a
bond
27
in
the
amount
of
five
thousand
dollars
in
the
form
a
manner
28
prescribed
and
furnished
by
the
division
administrator
with
29
good
and
sufficient
sureties
to
be
approved
by
the
division
30
conditioned
upon
compliance
with
this
chapter
.
31
Sec.
17.
Section
123.180,
subsection
1,
Code
2013,
is
32
amended
to
read
as
follows:
33
1.
A
manufacturer,
vintner,
bottler,
importer,
or
vendor
34
of
wine
or
an
agent
thereof
desiring
to
ship,
sell,
or
have
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wine
brought
into
this
state
for
resale
by
the
division
or
for
1
sale
at
wholesale
by
a
class
“A”
permittee
shall
first
make
2
application
for
and
shall
be
issued
a
vintner’s
certificate
3
of
compliance
by
the
administrator
for
that
purpose.
The
4
vintner’s
certificate
of
compliance
shall
expire
at
the
end
of
5
one
year
from
the
date
of
issuance
and
shall
be
renewed
for
6
a
like
period
upon
application
to
the
administrator
unless
7
otherwise
revoked
for
cause.
Each
application
for
a
vintner’s
8
certificate
of
compliance
or
renewal
of
a
certificate
shall
9
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
10
administrator,
and
shall
be
accompanied
by
a
fee
of
one
hundred
11
dollars
payable
to
the
division.
Each
holder
of
a
vintner’s
12
certificate
of
compliance
shall
furnish
the
information
13
required
by
the
administrator
in
the
form
the
administrator
14
requires.
A
vintner
or
wine
bottler
whose
plant
is
located
in
15
Iowa
and
who
otherwise
holds
a
class
“A”
wine
permit
to
sell
16
wine
at
wholesale
is
exempt
from
the
fee,
but
not
the
other
17
terms
and
conditions.
The
holder
of
a
vintner’s
certificate
of
18
compliance
may
also
hold
a
class
“A”
wine
permit.
19
Sec.
18.
Section
123.184,
Code
2013,
is
amended
to
read
as
20
follows:
21
123.184
Report
of
gallonage
sales
——
penalty.
22
Each
class
“A”
wine
permit
holder
on
or
before
the
tenth
23
day
of
each
calendar
month
commencing
on
the
tenth
day
of
the
24
calendar
month
following
the
month
in
which
the
person
is
25
issued
a
permit,
shall
make
a
report
under
oath
to
the
division
26
upon
forms
to
be
furnished
by
the
division
electronically,
or
27
in
a
manner
prescribed
by
the
administrator,
showing
the
exact
28
number
of
gallons
of
wine
and
fractional
parts
of
gallons,
sold
29
by
that
permit
holder
during
the
preceding
calendar
month.
30
The
report
also
shall
state
whatever
reasonable
additional
31
information
the
administrator
requires.
The
permit
holder
32
at
the
time
of
filing
this
report
shall
pay
to
the
division
33
the
amount
of
tax
due
at
the
rate
fixed
in
section
123.183
.
34
A
penalty
of
ten
percent
of
the
amount
of
the
tax
shall
be
35
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assessed
and
collected
if
the
report
is
not
filed
and
the
tax
1
paid
within
the
time
required
by
this
section
.
2
Sec.
19.
Section
123.187,
subsection
2,
paragraph
a,
Code
3
2013,
is
amended
to
read
as
follows:
4
a.
The
administrator
shall
issue
a
wine
direct
shipper
5
license
to
a
wine
manufacturer
who
submits
a
written
an
6
application
for
the
license
on
a
form
to
be
established
7
electronically,
or
in
a
manner
prescribed
by
the
administrator
8
by
rule
,
accompanied
by
a
true
copy
of
the
manufacturer’s
9
current
alcoholic
beverage
license
or
permit
and
a
copy
of
the
10
manufacturer’s
winery
license
issued
by
the
federal
alcohol
and
11
tobacco
tax
and
trade
bureau.
12
DIVISION
II
13
COMMISSION
AND
DIVISION
DUTIES
——
BONDS,
PAYMENTS,
AND
REPORTS
14
Sec.
20.
Section
123.10,
unnumbered
paragraph
1,
Code
2013,
15
is
amended
to
read
as
follows:
16
The
governor
shall
appoint
the
administrator
of
the
17
alcoholic
beverages
division,
subject
to
confirmation
by
the
18
senate,
to
a
four-year
term.
A
vacancy
in
an
unexpired
term
19
shall
be
filled
in
the
same
manner
as
a
full-term
appointment
20
is
made.
The
administrator
shall
not
be
a
member
of
the
21
commission.
The
administrator’s
salary
shall
be
fixed
by
the
22
general
assembly.
The
administrator
shall
be
qualified
to
23
perform
the
administrator’s
duties
by
managerial
ability
and
24
experience
as
a
business
executive.
The
administrator
shall
25
post
a
bond
paid
from
the
state
general
fund
in
an
amount
26
established
by
the
governor
to
insure
proper
discharge
of
the
27
administrator’s
duties.
28
Sec.
21.
Section
123.24,
subsections
2
and
3,
Code
2013,
are
29
amended
to
read
as
follows:
30
2.
a.
The
division
may
accept
from
a
class
“E”
liquor
31
control
licensee
a
cashier’s
check
which
shows
the
licensee
32
is
the
remitter
or
a
check
issued
by
the
licensee
electronic
33
funds
transferred
by
automated
clearing
house,
wire
transfer,
34
or
another
method
deemed
acceptable
by
the
administrator,
35
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in
payment
of
alcoholic
liquor.
If
a
check
payment
is
1
subsequently
dishonored,
the
division
shall
cause
a
notice
2
of
nonpayment
and
penalty
to
be
served
upon
the
class
“E”
3
liquor
control
licensee
or
upon
any
person
in
charge
of
the
4
licensed
premises.
The
notice
shall
state
that
if
payment
5
or
satisfaction
for
the
dishonored
check
payment
is
not
made
6
within
ten
days
of
the
service
of
notice,
the
licensee’s
liquor
7
control
license
may
be
suspended
under
section
123.39
.
The
8
notice
of
nonpayment
and
penalty
shall
be
in
a
form
prescribed
9
by
the
administrator,
and
shall
be
sent
by
certified
mail.
10
b.
If
upon
notice
and
hearing
under
section
123.39
and
11
pursuant
to
the
provisions
of
chapter
17A
concerning
a
12
contested
case
hearing,
the
administrator
determines
that
13
the
class
“E”
liquor
control
licensee
failed
to
satisfy
the
14
obligation
for
which
the
check
payment
was
issued
within
ten
15
days
after
the
notice
of
nonpayment
and
penalty
was
served
on
16
the
licensee
as
provided
in
paragraph
“a”
of
this
subsection
,
17
the
administrator
may
suspend
the
licensee’s
class
“E”
liquor
18
control
license
for
a
period
not
to
exceed
ten
days.
19
3.
The
administrator
may
refuse
to
sell
alcoholic
liquor
20
to
a
class
“E”
liquor
control
licensee
who
tenders
a
check
21
or
electronic
funds
transfer
payment
which
is
subsequently
22
dishonored
until
the
outstanding
obligation
is
satisfied.
23
Sec.
22.
Section
123.55,
unnumbered
paragraph
1,
Code
2013,
24
is
amended
to
read
as
follows:
25
The
commission
shall
cause
to
be
prepared
an
annual
report
to
26
the
governor
of
the
state,
ending
with
June
30
of
each
fiscal
27
year,
showing
fully
the
results
of
on
the
operations
operation
28
and
financial
position
of
the
division
covering
the
period
29
since
the
last
previous
report
for
the
preceding
fiscal
year
.
30
Such
The
report
shall
show
include
but
is
not
limited
to
the
31
following
information
:
32
Sec.
23.
REPEAL.
Section
123.8,
Code
2013,
is
repealed.
33
DIVISION
III
34
BEER
AND
WINE
PROVISIONS
35
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271
Sec.
24.
Section
123.3,
subsections
7
and
19,
Code
2013,
are
1
amended
to
read
as
follows:
2
7.
“Beer”
means
any
liquid
capable
of
being
used
for
3
beverage
purposes
made
by
the
fermentation
of
an
infusion
4
in
potable
water
of
barley,
malt,
and
hops,
with
or
without
5
unmalted
grains
or
decorticated
and
degerminated
grains
or
made
6
by
the
fermentation
of
or
by
distillation
of
the
fermented
7
products
of
fruit,
fruit
extracts,
or
other
agricultural
8
products,
containing
more
than
one-half
of
one
percent
of
9
alcohol
by
volume
but
not
more
than
five
percent
of
alcohol
by
10
weight
or
six
and
twenty-five
hundredths
percent
of
alcohol
by
11
volume
but
not
including
mixed
drinks
or
cocktails
mixed
on
the
12
premises.
13
19.
“High
alcoholic
content
beer”
means
beer
which
14
contains
more
than
five
percent
of
alcohol
by
weight
or
six
15
and
twenty-five
hundredths
percent
of
alcohol
by
volume
,
but
16
not
more
than
twelve
percent
of
alcohol
by
weight
or
fifteen
17
percent
of
alcohol
by
volume
,
that
is
made
by
the
fermentation
18
of
an
infusion
in
potable
water
of
barley,
malt,
and
hops,
with
19
or
without
unmalted
grains
or
decorticated
and
degerminated
20
grains.
Not
more
than
one
and
five-tenths
percent
of
the
21
volume
of
a
“high
alcoholic
content
beer”
may
consist
of
alcohol
22
derived
from
added
flavors
and
other
nonbeverage
ingredients
23
containing
alcohol.
The
added
flavors
and
other
nonbeverage
24
ingredients
may
not
include
added
caffeine
or
other
added
25
stimulants
including
but
not
limited
to
guarana,
ginseng,
and
26
taurine.
27
Sec.
25.
Section
123.99,
Code
2013,
is
amended
to
read
as
28
follows:
29
123.99
False
statements.
30
If
any
person,
for
the
purpose
of
procuring
the
shipment,
31
transportation,
or
conveyance
of
any
intoxicating
liquors
32
liquor,
wine,
or
beer
within
this
state,
shall
make
to
any
33
person,
company,
corporation,
or
common
carrier,
or
to
any
34
agent
thereof,
any
false
statements
as
to
the
character
35
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271
or
contents
of
any
box,
barrel,
or
other
vessel
or
package
1
containing
such
liquors
liquor,
wine,
or
beer
;
or
shall
refuse
2
to
give
correct
and
truthful
information
as
to
the
contents
of
3
any
such
box,
barrel,
or
other
vessel
or
package
so
sought
to
4
be
transported
or
conveyed;
or
shall
falsely
mark,
brand,
or
5
label
such
box,
barrel,
or
other
vessel
or
package
in
order
to
6
conceal
the
fact
that
the
same
contains
intoxicating
liquors
7
liquor,
wine,
or
beer
;
or
shall
by
any
device
or
concealment
8
procure
or
attempt
to
procure
the
conveyance
or
transportation
9
of
such
liquors
liquor,
wine,
or
beer
as
herein
prohibited,
the
10
person
shall
be
guilty
of
a
simple
misdemeanor.
11
Sec.
26.
Section
123.100,
Code
2013,
is
amended
to
read
as
12
follows:
13
123.100
Packages
in
transit.
14
Any
peace
officer
of
the
county
under
process
or
warrant
to
15
the
peace
officer
directed
shall
have
the
right
to
open
any
16
box,
barrel,
or
other
vessel
or
package
for
examination,
if
17
the
peace
officer
has
reasonable
ground
for
believing
that
it
18
contains
intoxicating
liquors
liquor,
wine,
or
beer
,
either
19
before
or
while
the
same
is
being
so
transported
or
conveyed.
20
Sec.
27.
Section
123.101,
Code
2013,
is
amended
to
read
as
21
follows:
22
123.101
Record
of
shipments.
23
It
shall
be
the
duty
of
all
common
carriers,
or
corporations,
24
or
persons
who
shall
for
hire
carry
any
intoxicating
liquors
25
liquor,
wine,
or
beer
into
the
state,
or
from
one
point
to
26
another
within
the
state,
for
the
purpose
of
delivery,
and
27
who
shall
deliver
such
intoxicating
liquor
,
wine,
or
beer
to
28
any
person,
company,
or
corporation,
to
keep,
at
each
station
29
or
office
where
it
employs
an
agent
or
other
person
to
make
30
delivery
of
freight
and
keep
records
relative
thereto,
a
record
31
book,
wherein
such
carrier
shall,
promptly
upon
receipt
and
32
prior
to
delivery,
enter
in
ink,
in
legible
writing,
in
full,
33
maintain
a
proper
record
of
the
name
of
the
consignor
of
each
34
shipment
of
intoxicating
liquor
to
be
delivered
from
or
through
35
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such
station
,
wine,
or
beer
from
where
shipped,
the
date
of
1
arrival,
the
quantity
and
kind
of
intoxicating
liquor
,
wine,
2
or
beer
,
so
far
as
disclosed
by
lettering
on
the
package
or
by
3
the
carrier’s
records,
and
to
whom
and
where
consigned,
and
the
4
date
delivered.
5
Sec.
28.
Section
123.102,
Code
2013,
is
amended
to
read
as
6
follows:
7
123.102
Inspection
of
shipping
records.
8
The
record
book
records
required
by
section
123.101
shall,
9
during
business
hours,
be
open
to
inspection
by
any
peace
or
10
law
enforcing
officer.
It
shall
be
is
a
simple
misdemeanor
to
11
refuse
such
inspection.
12
Sec.
29.
Section
123.103,
Code
2013,
is
amended
to
read
as
13
follows:
14
123.103
Record
receipt
upon
delivery.
15
No
shipment
billed
in
whole
or
in
part
as
intoxicating
16
liquor
shall
be
delivered
to
the
consignee
until
such
consignee
17
upon
such
record
book
enters
in
ink,
in
legible
writing,
the
18
consignee’s
The
full
name
and
residence
or
place
of
business
,
19
giving
the
name
of
the
city,
and
the
street
name
and
number
if
20
any,
and
certifies
of
the
consignee
of
a
shipment
billed
in
21
whole
or
in
part
as
intoxicating
liquor,
wine,
or
beer,
shall
22
be
properly
recorded
at
the
time
of
delivery
and
the
consignee
23
shall
certify
that
such
the
intoxicating
liquor
,
wine,
or
beer
24
is
for
the
consignee’s
own
lawful
purposes.
25
Sec.
30.
Section
123.104,
Code
2013,
is
amended
to
read
as
26
follows:
27
123.104
Unlawful
delivery.
28
It
shall
be
is
a
simple
misdemeanor
for
any
corporation,
29
common
carrier,
person,
or
any
agent
or
employee
thereof:
30
1.
To
deliver
any
intoxicating
liquors
liquor,
wine,
or
beer
31
to
any
person
other
than
to
the
consignee.
32
2.
To
deliver
any
intoxicating
liquors
liquor,
wine,
or
33
beer
without
having
the
same
receipted
for
properly
recorded
34
as
provided
in
section
123.103
.
35
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271
3.
To
deliver
any
intoxicating
liquors
liquor,
wine,
or
1
beer
where
there
is
reasonable
ground
to
believe
that
such
2
intoxicating
liquor
,
wine,
or
beer
is
intended
for
unlawful
3
use.
4
Sec.
31.
Section
123.106,
Code
2013,
is
amended
to
read
as
5
follows:
6
123.106
Federal
statutes.
7
The
requirements
of
this
chapter
relative
to
the
shipment
8
and
delivery
of
intoxicating
liquors
liquor,
wine,
or
beer
and
9
the
records
to
be
kept
thereof
shall
be
construed
in
harmony
10
with
federal
statutes
relating
to
interstate
commerce
in
such
11
liquors
liquor,
wine,
or
beer
.
12
Sec.
32.
Section
123.107,
subsection
1,
paragraph
a,
Code
13
2013,
is
amended
to
read
as
follows:
14
a.
To
set
out
exactly
the
kind
or
quantity
of
intoxicating
15
liquors
liquor,
wine,
or
beer
manufactured,
sold,
given
in
16
evasion
of
the
statute,
or
kept
for
sale.
17
Sec.
33.
Section
123.111,
Code
2013,
is
amended
to
read
as
18
follows:
19
123.111
Purchaser
as
witness.
20
The
person
purchasing
any
intoxicating
liquor
,
wine,
or
21
beer
sold
in
violation
of
this
chapter
shall
in
all
cases
be
a
22
competent
witness
to
prove
such
sale.
23
Sec.
34.
Section
123.115,
Code
2013,
is
amended
to
read
as
24
follows:
25
123.115
Defense.
26
In
any
prosecution
under
this
chapter
for
the
unlawful
27
transportation
of
intoxicating
liquors
liquor,
wine,
or
beer
28
it
shall
be
a
defense
that
the
character
and
contents
of
the
29
shipment
or
thing
transported
were
not
known
to
the
accused
or
30
to
the
accused’s
agent
or
employee.
31
Sec.
35.
Section
123.116,
Code
2013,
is
amended
to
read
as
32
follows:
33
123.116
Right
to
receive
liquors
liquor,
wine,
or
beer
.
34
The
consignee
of
intoxicating
liquors
liquor,
wine,
or
beer
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shall,
on
demand
of
the
carrier
transporting
such
liquors
1
liquor,
wine,
or
beer
,
furnish
the
carrier,
at
the
place
of
2
delivery,
with
legal
proof
of
the
consignee’s
legal
right
to
3
receive
such
liquors
liquor,
wine,
or
beer
at
the
time
of
4
delivery,
and
until
such
proof
is
furnished
the
carrier
shall
5
be
under
no
legal
obligation
to
make
delivery
nor
be
liable
for
6
failure
to
deliver.
7
Sec.
36.
Section
123.117,
Code
2013,
is
amended
to
read
as
8
follows:
9
123.117
Delivery
to
sheriff.
10
If
such
proof
is
not
furnished
the
carrier
within
ten
days
11
after
demand,
the
carrier
may
deliver
such
liquors
liquor,
12
wine,
or
beer
to
the
sheriff
of
the
county
embracing
the
place
13
of
delivery,
and
such
delivery
shall
absolve
the
carrier
from
14
all
liability
pertaining
to
such
liquors
liquor,
wine,
or
beer
.
15
Sec.
37.
Section
123.118,
Code
2013,
is
amended
to
read
as
16
follows:
17
123.118
Destruction.
18
The
sheriff
shall,
on
receipt
of
such
liquors
liquor,
wine,
19
or
beer
from
the
carrier,
report
the
receipt
to
the
district
20
court
of
the
sheriff’s
county,
and
the
court
shall
proceed
to
21
summarily
enter
an
order
for
the
destruction
or
forfeiture
to
22
the
state
of
such
liquors
liquor,
wine,
or
beer
.
23
Sec.
38.
Section
123.120,
Code
2013,
is
amended
to
read
as
24
follows:
25
123.120
Attempt
to
destroy.
26
The
destruction
of
or
attempt
to
destroy
any
liquid
by
27
any
person
while
in
the
presence
of
peace
officers
or
while
28
a
property
is
being
searched
by
a
peace
officer,
shall
be
29
competent
evidence
that
such
liquid
is
intoxicating
liquor
,
30
wine,
or
beer
and
intended
for
unlawful
purposes.
31
Sec.
39.
Section
123.121,
unnumbered
paragraph
2,
Code
32
2013,
is
amended
to
read
as
follows:
33
In
any
prosecution
under
this
chapter
for
the
unlawful
34
transportation
of
intoxicating
liquor,
wine,
or
beer,
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the
offense
shall
be
held
to
have
been
committed
in
any
1
county
in
which
such
liquor
,
wine,
or
beer
is
received
for
2
transportation,
through
which
it
is
transported,
or
in
which
it
3
is
delivered.
4
Sec.
40.
Section
123.138,
subsection
1,
Code
2013,
is
5
amended
to
read
as
follows:
6
1.
Each
class
“A”
or
special
class
“A”
permittee
shall
7
keep
proper
books
of
account
and
records
showing
the
amount
of
8
beer
sold
by
the
permittee,
and
these
books
of
account
records
9
shall
be
at
all
times
open
to
inspection
by
the
administrator
10
and
to
other
persons
pursuant
to
section
123.30,
subsection
11
1
.
Each
class
“B”
and
permittee,
class
“C”
permittee
,
and
12
retail
liquor
control
licensee
shall
keep
proper
books
of
13
account
and
records
showing
each
purchase
of
beer
made
by
the
14
permittee
and
licensee
,
and
the
date
and
the
amount
of
each
15
purchase
and
the
name
of
the
person
from
whom
each
purchase
16
was
made,
which
books
of
account
and
records
shall
be
open
to
17
inspection
pursuant
to
section
123.30,
subsection
1
,
during
18
normal
business
hours
of
the
permittee
or
licensee
.
19
Sec.
41.
Section
123.144,
Code
2013,
is
amended
to
read
as
20
follows:
21
123.144
Bottling
beer.
22
1.
No
person
shall
bottle
beer
within
the
state
of
Iowa
for
23
purposes
other
than
for
individual
consumption
in
a
private
24
home
,
except
class
“A”
,
special
class
“A”,
class
“AA”,
and
25
special
class
“AA”
permittees
who
have
complete
equipment
for
26
bottling
beer
and
who
have
received
the
approval
of
the
local
27
board
of
health
as
to
sanitation
,
and
it
.
It
shall
be
the
duty
28
of
local
boards
of
health
to
inspect
the
premises
and
equipment
29
of
class
“A”
,
special
class
“A”,
class
“AA”,
and
special
class
30
“AA”
permittees
who
desire
to
bottle
beer.
31
2.
However,
any
person
of
legal
age
may
bottle
beer
for
32
personal
use
and
if
it
is
not
sold
or
offered
in
exchange
for
33
any
type
of
consideration.
In
addition,
such
beer
may
be
34
removed
from
the
premises
where
it
was
bottled
for
personal
use
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including
use
at
bona
fide
exhibitions,
competitions,
contests,
1
tastings,
or
judged
events,
if
the
beer
is
not
sold
or
offered
2
in
exchange
for
any
type
of
consideration.
3
Sec.
42.
Section
123.185,
Code
2013,
is
amended
to
read
as
4
follows:
5
123.185
Records
required.
6
Each
class
“A”
wine
permittee
shall
keep
books
of
account
and
7
records
showing
each
sale
of
wine,
which
shall
be
at
all
times
8
open
to
inspection
by
the
administrator
and
pursuant
to
section
9
123.30,
subsection
1
.
Each
class
“B”
wine
permittee
shall
keep
10
proper
books
of
account
and
records
showing
each
purchase
of
11
wine
and
the
date
and
the
amount
of
each
purchase
and
the
name
12
of
the
person
from
whom
each
purchase
was
made,
which
shall
be
13
open
to
inspection
pursuant
to
section
123.30,
subsection
1
,
14
during
normal
business
hours
of
the
permittee.
15
EXPLANATION
16
This
bill
makes
several
changes
relative
to
the
alcoholic
17
beverages
division
of
the
department
of
commerce
and
alcoholic
18
beverage
control.
19
Division
I,
concerning
applications,
forms,
and
records,
20
amends
several
provisions
of
Code
chapter
123
to
provide
that
21
various
forms
and
applications
currently
submitted
to
and
22
supplied
by
the
division
in
written
form
shall
be
submitted
or
23
supplied
electronically,
or
in
a
manner
as
prescribed
by
the
24
administrator
of
the
division.
25
Division
II
concerns
certain
reports,
payments,
and
bonding
26
requirements
relative
to
the
alcoholic
beverages
commission
and
27
division.
28
Code
section
123.10,
concerning
the
duties
of
the
29
administrator
of
the
division,
is
amended
to
remove
the
30
requirement
that
the
administrator
post
a
surety
bond.
31
Code
section
123.24,
concerning
alcoholic
liquor
sales
by
32
the
division,
is
amended
to
provide
that
payment
for
liquor
33
sales
by
liquor
control
licensees
can
be
made
by
electronic
34
funds
transfer,
wire
transfer,
or
other
method
deemed
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acceptable
by
the
administrator.
1
Code
section
123.55,
concerning
the
annual
report
of
the
2
commission,
is
amended
to
clarify
that
the
report
covers
a
3
fiscal
year
and
concerns
the
operation
and
financial
position
4
of
the
division.
5
Code
section
123.8,
requiring
alcoholic
beverages
commission
6
members
and
certain
division
employees
to
post
a
surety
bond,
7
is
repealed.
8
Division
III
of
the
bill
makes
changes
relative
to
alcoholic
9
beverage
control
of
wine
and
beer.
10
Code
section
123.3(7)
and
(19),
concerning
the
definitions
11
of
beer
and
high
alcoholic
content
beer,
are
amended
to
provide
12
the
allowable
alcoholic
content
of
beer
and
high
alcoholic
13
content
beer
by
volume.
Current
law
defines
the
allowable
14
alcoholic
content
of
beer
and
high
alcoholic
content
beer
by
15
weight.
16
Code
sections
123.99,
123.100,
123.101,
123.103,
123.104,
17
123.106,
123.107,
123.111,
123.115,
123.116,
123.120,
and
18
123.121,
generally
related
to
the
shipment
and
delivery
of
19
intoxicating
liquors,
and
applicable
criminal
penalties,
are
20
amended
to
provide
that
the
requirements
of
these
sections
also
21
apply
to
wine
and
beer.
22
Code
section
123.138(1),
concerning
records
a
permittee
is
23
required
to
maintain
relative
to
the
sale
of
beer,
is
amended
24
to
extend
this
requirement
to
retail
liquor
control
licensees
25
that
also
sell
beer.
26
Code
section
123.144,
concerning
bottling
beer,
is
amended
27
to
allow
beer
bottled
for
personal
use
to
be
used
other
28
than
where
it
was
bottled
for
use
at
bona
fide
exhibitions,
29
competitions,
contests,
tastings,
and
judged
events,
if
30
the
beer
is
not
sold
or
offered
in
exchange
for
any
type
of
31
consideration.
32
Code
sections
123.138
and
123.185,
concerning
records
a
33
permittee
is
required
to
maintain,
are
amended
by
striking
34
language
relative
to
keeping
books
of
account.
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