Bill Text: IA SF618 | 2019-2020 | 88th General Assembly | Enrolled

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Bill Title: A bill for an act relating to alcoholic beverage control and matters under the purview of the alcoholic beverages division of the department of commerce and including effective date provisions. (Formerly SSB 1076, SF 413.) Various effective dates; see section 68 of bill.

Spectrum: Committee Bill

Status: (Passed) 2019-05-10 - Signed by Governor. S.J. 1197. [SF618 Detail]

Download: Iowa-2019-SF618-Enrolled.html

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Senate File 618 - Enrolled
Senate File 618
AN ACT
RELATING TO ALCOHOLIC BEVERAGE CONTROL AND MATTERS UNDER
THE PURVIEW OF THE ALCOHOLIC BEVERAGES DIVISION OF THE
DEPARTMENT OF COMMERCE AND INCLUDING EFFECTIVE DATE
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
ALCOHOLIC BEVERAGE CONTROL
Section 1. Section 123.3, subsections 5, 6, 7, 20, 26, 34,
and 48, Code 2019, are amended to read as follows:
5. “Alcoholic liquor” means the varieties of liquor defined
in subsections 3 and 44 which contain more than five six and
twenty-five hundredths percent of alcohol by weight volume ,

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beverages made as described in subsection 7 which beverages
contain more than five percent of alcohol by weight or six and
twenty-five hundredths percent of alcohol by volume but which
are not wine as defined in subsection 48 or high alcoholic
content beer as defined in subsection 20 , and every other
liquid or solid, patented or not, containing spirits and every
beverage obtained by the process described in subsection 48
containing more than seventeen percent alcohol by weight or
twenty-one and twenty-five hundredths percent of alcohol by
volume, and susceptible of being consumed by a human being,
for beverage purposes. Alcohol manufactured in this state
for use as fuel pursuant to an experimental distilled spirits
plant permit or its equivalent issued by the federal bureau of
alcohol, tobacco and firearms is not an “alcoholic liquor” .
6. “Application” means a written request for the issuance
of a permit , or license , or certificate that is supported by a
verified statement of facts and submitted electronically, or in
a manner prescribed by the administrator.
7. “Beer” means any liquid capable of being used for
beverage purposes made by the fermentation of an infusion
in potable water of barley, malt, and hops, with or without
unmalted grains or decorticated and degerminated grains or made
by the fermentation of or by distillation of the fermented
products of fruit, fruit extracts, or other agricultural
products, containing more than one-half of one percent of
alcohol by volume but not more than five percent of alcohol by
weight or six and twenty-five hundredths percent of alcohol by
volume but not including mixed drinks or cocktails mixed on the
premises .
20. “High alcoholic content beer” means beer which
contains more than five percent of alcohol by weight or six
and twenty-five hundredths percent of alcohol by volume, but
not more than twelve percent of alcohol by weight or fifteen
percent of alcohol by volume, that is made by the fermentation
of an infusion in potable water of barley, malt, and hops, with
or without unmalted grains or decorticated and degerminated
grains. Not more than one and five-tenths percent of the
volume of a “high alcoholic content beer” may consist of alcohol

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derived from added flavors and other nonbeverage ingredients
containing alcohol. The added flavors and other nonbeverage
ingredients may not include added caffeine or other added
stimulants including but not limited to guarana, ginseng, and
taurine.
26. “Licensed premises” or “premises” means all rooms,
enclosures, contiguous areas, or places susceptible of precise
description satisfactory to the administrator where alcoholic
beverages, wine, or beer is sold or consumed under authority
of a liquor control license, wine permit, or beer permit.
A single licensed premises may consist of multiple rooms,
enclosures, areas, or places if they are wholly within the
confines of a single building or contiguous grounds , or areas
or places susceptible of precise description satisfactory to
the administrator .
34. “Person” means any individual, association, or
partnership, any corporation, limited liability company, or
other similar legal entity, any club, hotel or motel, or any
municipal corporation owning or operating a bona fide airport,
marina, park, coliseum, auditorium, or recreational facility in
or at which the sale of alcoholic liquor, wine, or beer is only
an incidental part of the ownership or operation.
48. “Wine” means any beverage containing more than five
six and twenty-five hundredths percent of alcohol by weight
volume but not more than seventeen percent of alcohol by weight
or twenty-one and twenty-five hundredths percent of alcohol
by volume obtained by the fermentation of the natural sugar
contents of fruits or other agricultural products but excluding
any product containing alcohol derived from malt or by the
distillation process from grain, cereal, molasses, or cactus.
Sec. 2. Section 123.3, Code 2019, is amended by adding the
following new subsections:
NEW SUBSECTION . 14A. “Completed application” means an
application where all necessary fees have been paid in full,
any required bonds have been submitted, the applicant has
provided all information requested by the division, and
the application meets the requirements of section 123.92,
subsection 2, if applicable.
NEW SUBSECTION . 28A. “Mixed drink or cocktail” means an

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alcoholic beverage, composed in whole or in part of alcoholic
liquor, that is combined with other alcoholic beverages or
nonalcoholic beverages or ingredients including but not limited
to ice, water, soft drinks, or flavorings.
NEW SUBSECTION . 28B. “Native brewery” means a business
which manufactures beer or high alcoholic content beer and is
operated by a person who holds a class “A” beer permit that
authorizes the holder to manufacture and sell beer pursuant to
this chapter.
NEW SUBSECTION . 36A. “Private place” means a location
which, at the time alcoholic beverages are kept, dispensed, or
consumed, meets all of the following criteria:
a. The general public does not have access to the location
and attendees are limited to bona fide social hosts and invited
guests.
b. The location is not of a commercial nature.
c. Goods or services are neither sold nor purchased at the
location.
d. The location is not a licensed premises.
e. Admission fees or other kinds of entrance fees, fare,
ticket, donation or charges are not made or are required of the
invited guests to enter the location.
Sec. 3. Section 123.10, subsection 13, Code 2019, is amended
to read as follows:
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 ,
123.146 123.122 , 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. 4. Section 123.10, Code 2019, is amended by adding the
following new subsections:
NEW SUBSECTION . 14. Prescribing the uniform fee to be
assessed against a class “B” beer permittee, class “C” native
wine permittee, or liquor control licensee, except a class “E”
liquor control licensee, to cover the administrative costs

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incurred by the division resulting from the failure of the
licensee or permittee to maintain dramshop liability insurance
coverage pursuant to section 123.92, subsection 2, paragraph
“a” .
NEW SUBSECTION . 15. Prescribing the uniform fee, not to
exceed one hundred dollars, to be assessed against a licensee
or permittee for a contested case hearing conducted by the
division or by an administrative law judge from the department
of inspections and appeals which results in administrative
action taken against the licensee or permittee by the division.
Sec. 5. Section 123.23, subsections 1 and 4, Code 2019, are
amended to read as follows:
1. Any manufacturer, distiller, or importer of alcoholic
liquors shipping, selling, or having alcoholic liquors brought
into this state for resale by the state shall, as a condition
precedent to the privilege of so trafficking in alcoholic
liquors in this state, annually make application for and hold
a distiller’s certificate of compliance which shall be issued
by the administrator for that purpose. No brand of alcoholic
liquor shall be sold by the division in this state unless
the manufacturer, distiller, importer, and all other persons
participating in the distribution of that brand in this state
have obtained a certificate. The certificate of compliance
shall expire at the end of one year from the date of issuance
and shall be renewed for a like period upon application to the
administrator unless otherwise suspended or revoked for cause.
Each completed application for a certificate of compliance
or renewal shall be submitted electronically, or in a manner
prescribed by the administrator, and shall be accompanied by a
fee of fifty dollars payable to the division. However, this
subsection need not apply to a manufacturer, distiller, or
importer who ships or sells in this state no more than eleven
gallons or its case equivalent during any fiscal year as a
result of “special orders” which might be placed, as defined
and allowed by divisional rules adopted under this chapter .
4. Any violation of the requirements of this section , except
subsection 3 , chapter or rules adopted pursuant to this chapter
shall subject the violator holder of a distiller’s certificate
of compliance to the general penalties provided in this chapter

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and in addition to the general penalties, is shall constitute
grounds for imposition of a civil penalty, suspension of the
certificate, or revocation of the certificate of compliance ,
after notice and opportunity for a hearing before the
administrator pursuant to section 123.39 and chapter 17A .
Willful However, willful failure to comply with requirements
which may be imposed under subsection 3 is grounds for
suspension or revocation of the certificate of compliance only.
Sec. 6. Section 123.24, subsection 1, Code 2019, is amended
to read as follows:
1. The division shall sell alcoholic liquor at wholesale
only. The division shall sell alcoholic liquor to class “E”
liquor control licensees only. The division shall offer the
same price on alcoholic liquor to all class “E” liquor control
licensees without regard for the quantity of purchase or the
distance for delivery. However, the division may assess a
split-case charge when liquor is sold in quantities which
require a case to be split.
Sec. 7. Section 123.24, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 1A. The price of alcoholic liquor sold by
the division shall consist of the following:
a. The manufacturer’s price.
b. A markup of up to fifty percent of the wholesale price
paid by the division for the alcoholic liquor. The division
may increase the markup on selected kinds of alcoholic liquor
sold by the division if the average return to the division on
all sales of alcoholic liquor does not exceed the wholesale
price paid by the division and the fifty percent markup.
c. A split case charge in an amount determined by the
division when alcoholic liquor is sold in quantities which
require a case to be split.
d. A bottle surcharge in an amount sufficient, when
added to the amount not refunded to class “E” liquor control
licensees pursuant to section 455C.2, to pay the costs incurred
by the division for collecting and properly disposing of the
liquor containers. The amount collected pursuant to this
paragraph, in addition to any amounts not refunded to class “E”
liquor control licensees pursuant to section 455C.2, shall be

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deposited in the beer and liquor control fund established under
section 123.17.
Sec. 8. Section 123.24, subsections 4 and 5, Code 2019, are
amended by striking the subsections.
Sec. 9. Section 123.27, subsection 3, Code 2019, is amended
by striking the subsection.
Sec. 10. Section 123.28, subsection 2, Code 2019, is amended
to read as follows:
2. The division shall deliver alcoholic liquor purchased by
class “E” liquor control licensees. Class “E” liquor control
licensees may deliver alcoholic liquor purchased by class “A”,
class “B”, class “C”, class “C” native distilled spirits,
or class “D” liquor control licensees, and class “A”, class
“B”, class “C”, class “C” native distilled spirits, or class
“D” liquor control licensees may transport alcoholic liquor
purchased from class “E” liquor control licensees.
Sec. 11. Section 123.30, subsection 2, Code 2019, is amended
to read as follows:
2. A liquor control license shall not be issued for premises
which do not constitute a safe and proper place or building
and which do not conform to all applicable laws, ordinances,
resolutions, and health and fire regulations. A licensee
shall not have or maintain any interior access to residential
or sleeping quarters unless permission is granted by the
administrator in the form of a living quarters permit.
Sec. 12. Section 123.30, subsection 4, Code 2019, is amended
to read as follows:
4. Notwithstanding any provision of this chapter to the
contrary, a person holding a liquor control license to sell
alcoholic beverages for consumption on the licensed premises
may permit a customer to remove one unsealed bottle of wine
for consumption off the premises if the customer has purchased
and consumed a portion of the bottle of wine on the licensed
premises. The licensee or the licensee’s agent shall securely
reseal such bottle in a bag designed so that it is visibly
apparent that the resealed bottle of wine has not been tampered
with and provide a dated receipt for the resealed bottle of
wine to the customer. A wine bottle resealed pursuant to the
requirements of this subsection is subject to the requirements

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of sections 321.284 and 321.284A . A person holding a liquor
control license to sell alcoholic beverages for consumption on
the licensed premises may permit a customer to carry an open
container of wine from their the person’s licensed premises
into another immediately adjacent licensed premises , temporary
that is covered by a license or permit that authorizes the
consumption of wine, a temporarily closed public right-of-way,
or a private property place .
Sec. 13. Section 123.30, subsection 5, Code 2019, is amended
by striking the subsection.
Sec. 14. Section 123.31, subsection 3, Code 2019, is amended
to read as follows:
3. The names and addresses of all persons or , in the case of
a corporation, limited liability company, or any other similar
legal entity, the officers, directors, and persons owning or
controlling ten percent or more of the capital stock thereof,
having a financial interest, by way of loan, ownership, or
otherwise, in the business.
Sec. 15. Section 123.32, subsections 1, 2, 3, and 6, Code
2019, are amended to read as follows:
1. Filing of application.
a. An A completed application for a class “A”, class “B”,
class “C”, special class “C”, class “C” native distilled
spirits, or class “E” liquor control license as provided in
section 123.31 , for a class “A” native distilled spirits
license, for a retail beer permit as provided in sections
123.128 and 123.129 , or for a class “B”, class “B” native, or
class “C” native retail wine permit as provided in section
123.175 , accompanied by the necessary fee and bond, if
required, shall be filed with the appropriate city council if
the premises for which the license or permit is sought are
located within the corporate limits of a city, or with the
board of supervisors if the premises for which the license or
permit is sought are located outside the corporate limits of
a city.
b. An A completed application for a class “D” liquor control
license and for a class “A” beer or class “A” wine permit,
accompanied by the necessary fee and bond, if required, any
of the following certificates, licenses, or permits shall

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be submitted to the division electronically, or in a manner
prescribed by the administrator, which shall proceed in the
same manner as in the case of an application approved by local
authorities . :
(1) A certificate of compliance as provided in sections
123.23, 123.135, and 123.180.
(2) A class “D” liquor control license as provided in
section 123.31.
(3) A manufacturer’s license as provided in section 123.41.
(4) A broker’s permit as provided in section 123.42.
(5) A class “A” native distilled spirits license as provided
in section 123.43.
(6) A class “A” or special class “A” beer permit as provided
in section 123.127.
(7) A charity beer, spirits, and wine auction permit as
provided in section 123.173A.
(8) A class “A” wine permit as provided in section 123.175.
(9) A wine direct shipper’s permit as provided in section
123.187.
(10) A wine carrier permit as provided in section 123.188.
2. Action by local authorities. The local authority shall
either approve or disapprove the issuance of a liquor control
license, a
retail wine permit, or a retail beer permit, shall
endorse its approval or disapproval on the application , and
shall forward the application with the necessary fee and bond,
if required, to the division. There is no limit upon the
number of liquor control licenses, retail wine permits, or
retail beer permits which may be approved for issuance by local
authorities.
3. Licensed premises for local events. A local authority
may define, by motion of the local authority, licensed premises
which shall be used by holders of liquor control licenses, beer
permits, and wine permits at festivals, fairs, or celebrations
which are sponsored or authorized by the local authority. The
licensed premises defined by motion of the local authority
shall be used by the holders of five-day or fourteen-day class
“A”, class “B”, class “C”, special class “C”, or class “D”
liquor control licenses, or five-day or fourteen-day class “B”
or class “C” native wine permits, or class “B” beer permits

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only.
6. Action by administrator.
a. Upon receipt of an application having been disapproved
by the local authority, the administrator shall notify the
applicant that the applicant may appeal the disapproval of
the application to the administrator. The applicant shall
be notified by certified mail or personal service , and the
application, the fee, and any bond shall be returned to the
applicant.
b. Upon receipt of an application having been approved by
the local authority, the division shall make an investigation
as the administrator deems necessary to determine that
the applicant complies with all requirements for holding a
license or permit, and may require the applicant to appear
to be examined under oath to demonstrate that the applicant
complies with all of the requirements to hold a license
or permit. If the administrator requires the applicant to
appear and to testify under oath, a record shall be made of
all testimony or evidence and the record shall become a part
of the application. The administrator may appoint a member
of the division or may request an administrative law judge
of the department of inspections and appeals to receive the
testimony under oath and evidence, and to issue a proposed
decision to approve or disapprove the application for a license
or permit. The administrator may affirm, reverse, or modify
the proposed decision to approve or disapprove the application
for the license or permit. If the application is approved
by the administrator, the license or permit shall be issued.
If the application is disapproved by the administrator, the
applicant shall be so notified by certified mail or personal
service and the appropriate local authority shall be notified
electronically, or in a manner prescribed by the administrator.
Sec. 16. Section 123.34, Code 2019, is amended to read as
follows:
123.34 Expiration of licenses , and permits , and certificates
of compliance —— seasonal, five-day, and fourteen-day , and
five-day licenses and permits —— fees.
1. Liquor control All licenses, wine permits, and beer
permits, and certificates of compliance, unless sooner

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suspended or revoked, expire one year from date of issuance.
The administrator shall notify a license , or permit , or
certificate holder electronically, or in a manner prescribed by
the administrator, sixty days prior to the expiration of each
license , or permit , or certificate .
2. a. However, the The administrator may issue six-month or
eight-month seasonal class “A”, class “B”, class “C”, special
class “C”, and class “D” liquor control licenses, class “B”
wine permits, class “B” or class “C” native wine permits,
or class “B” beer permits for a proportionate part of the
license or permit fee or may issue fourteen-day liquor control
licenses, native wine permits, or beer permits as provided in
subsection 2 .
b. No refund shall be made for seasonal licenses or
permits or for fourteen-day liquor control licenses, native
wine permits, or beer permits. No seasonal license or permit
shall be renewed. However, after a period of two months the
applicant may apply for a new seasonal license or permit for
the same location. The fee for a six-month or eight-month
seasonal license or permit issued pursuant to this subsection
shall be for a proportionate part of the license or permit fee
for that class of license or permit. However, the fee for a
seasonal class “B” native wine permit shall be the permit fee
provided in section 123.179, subsection 3, and the fee for a
seasonal class “C” native wine permit shall be the permit fee
provided in section 123.179, subsection 4.
2. 3. a. The administrator may issue fourteen-day class
“A”, class “B”, class “C”, special class “C”, and class “D”
liquor control licenses , and fourteen-day class “B” beer
permits, class “B” native wine permits, and class “C” native
wine permits.
b. A fourteen-day license or permit, if granted, is valid
for fourteen consecutive days, but the holder shall not sell on
the two Sundays in the fourteen-day period unless the holder
qualifies for and obtains the privilege to sell on Sundays
contained in section 123.36, subsection 6 , and section 123.134,
subsection 4 .
3. c. (1) The fee for a fourteen-day liquor control
license or beer permit is one quarter of the annual fee for

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that class of liquor control license or beer permit. The
fee for the privilege to sell on the two Sundays in the
fourteen-day period is twenty percent of the price of the
fourteen-day liquor control license or beer permit.
(2) The fee for a fourteen-day class “B” native wine permit
shall be the permit fee provided in section 123.179, subsection
3, and the fee for a fourteen-day class “C” native wine permit
is the permit fee provided in section 123.179, subsection 4 .
4. a. The administrator may issue five-day class “A”, class
“B”, class “C”, special class “C”, and class “D” liquor control
licenses , and five-day class “B” beer permits, class “B” native
wine permits, and class “C” native wine permits.
b. A five-day license or permit is valid for five
consecutive days, but the holder shall not sell alcoholic
beverages on Sunday in the five-day period unless the holder
qualifies for and obtains the privilege to sell on Sunday
pursuant to sections section 123.36 , subsection 6, and section
123.134 , subsection 4 .
5. c. (1) The fee for the five-day liquor control license
or beer permit is one-eighth of the annual fee for that class
of license or permit. The fee for the privilege to sell on a
Sunday in the five-day period is ten percent of the price of
the five-day liquor control license or beer permit.
(2) The fee for a five-day class “B” native wine permit
shall be the permit fee provided in section 123.179, subsection
3, and the fee for a five-day class “C” native wine permit is
the permit fee provided in section 123.179, subsection 4 .
5. A refund of fees paid shall not be made for seasonal
licenses or permits, or for fourteen-day or five-day liquor
control licenses, native wine permits, or beer permits. In
addition, a seasonal, fourteen-day, or five-day license or
permit shall not be renewed.
Sec. 17. Section 123.36, subsection 5, paragraph c, Code
2019, is amended to read as follows:
c. For air common carriers, each company shall pay a
base annual fee of five hundred dollars and, in addition,
shall quarterly remit to the division an amount equal to
seven dollars for each gallon of alcoholic liquor sold, given
away, or dispensed in or over this state during the preceding

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calendar quarter . The class “D” license fee and tax for air
common carriers is in lieu of any other fee or tax collected
from the carriers in this state for the possession and sale of
alcoholic liquor, wine, and beer.
Sec. 18. Section 123.36, subsection 6, Code 2019, is amended
to read as follows:
6. Any club, hotel, motel, native distillery,
passenger-carrying boat or ship, railway corporation, air
common carrier, or commercial establishment holding a liquor
control license, subject to section 123.49, subsection 2 ,
paragraph “b” , may apply for and receive permission to sell and
dispense alcoholic beverages as authorized by section 123.30 to
patrons between the hours of 8:00 a.m. on Sunday and 2:00 a.m.
on the following Monday. A class “D” liquor control licensee
may apply for and receive permission to sell and dispense
alcoholic beverages to patrons for consumption on the premises
only between the hours of 8:00 a.m. on Sunday and 2:00 a.m.
on the following Monday. For the privilege of selling beer,
wine, and alcoholic liquor on the premises on Sunday the liquor
control license fee of the applicant shall be increased by
twenty percent of the regular fee prescribed for the license
pursuant to this section , and the privilege shall be noted on
the liquor control license.
Sec. 19. Section 123.36, subsection 10, Code 2019, is
amended to read as follows:
10. There is imposed a surcharge on the fee for each class
“A”, class “B”, class “C”, class “C” native distilled spirits,
or special class “C” liquor control license equal to thirty
percent of the scheduled license fee. The surcharges collected
under this subsection shall be deposited in the beer and liquor
control fund, and notwithstanding subsection 8 , no portion
of the surcharges collected under this subsection shall be
remitted to the local authority.
Sec. 20. NEW SECTION . 123.38A Confidential investigative
records.
In order to assure a free flow of information for
accomplishing the purposes of section 123.4 and section
123.9, subsection 6, all complaint information, investigation
files, audit files, and inspection files, other investigation

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reports, and other investigative information in the possession
of the division or employees acting under the authority of
the administrator are privileged and confidential, and are
not subject to discovery, subpoena, or other means of legal
compulsion for their release before administrative or criminal
charges are filed. However, investigative information in
the possession of division employees may be disclosed to the
licensing authorities of a city or county within this state,
in another state, the District of Columbia, or territory
or county in which the licensee or permittee is licensed
or permitted or has applied for a license or permit. In
addition, the investigative information can be shared with
any law enforcement agency or other state agency that also
has investigative, regulatory, or enforcement jurisdiction
authorized by law. Records received by the division from other
agencies which would be confidential if created by the division
are considered confidential.
Sec. 21. Section 123.39, subsection 1, Code 2019, is amended
to read as follows:
1. a. (1) The administrator or the local authority
may suspend a license or permit issued pursuant to this
chapter class “A”, class “B”, class “C”, special class “C”,
class “C” native distilled spirits, or class “E” liquor
control license or retail wine or beer permit for a period
not to exceed one year, revoke the license or permit, or
impose a civil penalty not to exceed one thousand dollars
per violation. Before suspension, revocation, or imposition
of a civil penalty, the license or permit holder shall be
given written notice and an opportunity for a hearing. The
administrator may appoint a member of the division or may
request an administrative law judge from the department of
inspections and appeals to conduct the hearing and issue a
proposed decision. Upon the motion of a party to the hearing
or upon the administrator’s own motion, the administrator may
review the proposed decision in accordance with chapter 17A .
Upon review of the proposed decision, the administrator may
affirm, reverse, or modify the proposed decision. A licensee
or permittee aggrieved by a decision of the administrator
may seek judicial review of the administrator’s decision in

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accordance with chapter 17A .
(2) The administrator may suspend a certificate
of compliance, a class “D” liquor control license, a
manufacturer’s license, a broker’s permit, a class “A” native
distilled spirits license, a class “A” or special class “A”
beer permit, a charity beer, spirits, and wine auction permit,
a class “A” wine permit, a wine direct shipper’s permit, or a
wine carrier permit for a period not to exceed one year, revoke
the license, permit, or certificate, or impose a civil penalty
not to exceed one thousand dollars per violation.
b. A license , or permit , or certificate of compliance issued
under this chapter may be suspended or revoked, or a civil
penalty may be imposed on the license or permit holder by the
local authority or the administrator for any of the following
causes:
(1) Misrepresentation of any material fact in the
application for the license , or permit , or certificate .
(2) Violation of any of the provisions of this chapter .
(3) Any change in the ownership or interest in the business
operated under a liquor control license, or any wine or beer
permit, which change was not previously reported in a manner
prescribed by the administrator within thirty days of the
change and subsequently approved by the local authority , when
applicable, and the division.
(4) An event which would have resulted in disqualification
from receiving the license , or permit , or certificate when
originally issued.
(5) Any sale, hypothecation, or transfer of the license , or
permit , or certificate .
(6) The failure or refusal on the part of any licensee or
permittee license, permit, or certificate holder to render any
report or remit any taxes to the division under this chapter
when due.
c. A criminal conviction is not a prerequisite to
suspension, revocation, or imposition of a civil penalty
pursuant to this section .
d. A local authority which acts pursuant to this section ,
section 123.32 , or section 123.50 shall notify the division
in writing of the action taken, and shall notify the licensee

Senate File 618, p. 16
license or permit holder of the right to appeal a suspension,
revocation, or imposition of a civil penalty to the division.
e. Before suspension, revocation, or imposition of a
civil penalty by the administrator, the license, permit,
or certificate holder shall be given written notice and an
opportunity for a hearing. The administrator may appoint
a member of the division or may request an administrative
law judge from the department of inspections and appeals to
conduct the hearing and issue a proposed decision. Upon the
motion of a party to the hearing or upon the administrator’s
own motion, the administrator may review the proposed decision
in accordance with chapter 17A. Upon review of the proposed
decision, the administrator may affirm, reverse, or modify the
proposed decision. A license, permit, or certificate holder
aggrieved by a decision of the administrator may seek judicial
review of the administrator’s decision in accordance with
chapter 17A.
f. Civil penalties imposed and collected by the local
authority under this section shall be retained by the local
authority. Civil penalties imposed and collected by the
division under this section shall be retained by the division
credited to the general fund of the state pursuant to section
123.17, subsection 7 .
Sec. 22. Section 123.39, subsection 4, Code 2019, is amended
to read as follows:
4. If the cause for suspension is a first offense
violation of section 123.49, subsection 2 , paragraph “h” , the
administrator or local authority shall impose a civil penalty
in the amount of five hundred dollars in lieu of suspension of
the license or permit. Local authorities shall retain civil
penalties collected under this paragraph if the proceeding to
impose the penalty is conducted by the local authority. The
division shall retain civil penalties collected under this
paragraph if the proceeding to impose the penalty is conducted
by the administrator of the division.
Sec. 23. Section 123.41, subsection 1, Code 2019, is amended
to read as follows:
1. Each completed application to obtain or renew a
manufacturer’s license shall be submitted to the division

Senate File 618, p. 17
electronically, or in a manner prescribed by the administrator,
and shall be accompanied by a fee of three hundred fifty
dollars payable to the division. The administrator may in
accordance with this chapter grant and issue to a manufacturer
a manufacturer’s license, valid for a one-year period after
date of issuance, which shall allow the manufacture, storage,
and wholesale disposition and sale of alcoholic liquors to the
division and to customers outside of the state.
Sec. 24. Section 123.41, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. A person who holds a manufacturer’s
license shall file with the division, on or before the
fifteenth day of each calendar month, all documents filed
by the manufacturer with the alcohol and tobacco tax and
trade bureau of the United States department of the treasury,
including all production, storage, and processing reports.
Sec. 25. Section 123.41, subsection 4, Code 2019, is amended
to read as follows:
4. A Any violation of the requirements of this section
chapter or rules adopted pursuant to this chapter shall subject
the licensee license holder to the general penalties provided
in this chapter and shall constitute grounds for imposition of
a civil penalty ,
or suspension of the license, or revocation of
the license after notice and opportunity for a hearing pursuant
to section 123.39 and chapter 17A .
Sec. 26. Section 123.42, subsection 1, Code 2019, is amended
to read as follows:
1. Prior to representing or promoting alcoholic liquor
products in the state, the broker shall submit an a completed
application to the division electronically, or in a manner
prescribed by the administrator, for a broker’s permit. The
administrator may in accordance with this chapter issue a
broker’s permit which shall be valid for one year from the date
of issuance unless it is sooner suspended or revoked for a
violation of this chapter .
Sec. 27. Section 123.42, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 7. Any violation of the requirements of
this chapter or the rules adopted pursuant to this chapter

Senate File 618, p. 18
shall subject the permit holder to the general penalties
provided in this chapter and shall constitute grounds for
imposition of a civil penalty, suspension of the permit, or
revocation of the permit after notice and opportunity for a
hearing pursuant to section 123.39 and chapter 17A.
Sec. 28. Section 123.43, subsection 1, paragraph b, Code
2019, is amended to read as follows:
b. The names and addresses of all persons or, in the case of
a corporation, limited liability company, or any other similar
legal entity, the officers, directors, and persons owning or
controlling ten percent or more of the capital stock thereof,
having a financial interest, by way of loan, ownership, or
otherwise, in the business.
Sec. 29. Section 123.43A, subsection 5, Code 2019, is
amended to read as follows:
5. The division shall issue no more than three class “A”
native distilled spirits licenses to a person. In addition,
a A native distillery issued a class “A” native distilled
spirits license shall file with the division, on or before the
fifteenth day of each calendar month, all documents filed by
the native distillery with the alcohol and tobacco tax and
trade bureau of the United States department of the treasury,
including all production, storage, and processing reports.
Sec. 30. Section 123.49, subsection 2, unnumbered paragraph
1, Code 2019, is amended to read as follows:
A person or club holding a liquor control license or retail
wine or beer permit under this chapter , and the person’s or
club’s agents or employees, shall not do any of the following:
Sec. 31. Section 123.49, subsection 2, paragraph g, Code
2019, is amended to read as follows:
g. Allow any person other than the licensee, permittee,
or employees of the licensee or permittee, to use or keep
on the licensed premises any alcoholic liquor in any bottle
or other container which is designed for the transporting of
such beverages, except as permitted in section 123.95 . This
paragraph does not apply to the lodging quarters of a class “B”
liquor control licensee or wine or beer permittee, or to common
carriers holding holders of a class “D” liquor control license.
Sec. 32. Section 123.50, subsections 2 and 4, Code 2019, are

Senate File 618, p. 19
amended to read as follows:
2. The conviction of any liquor control licensee or wine
or beer permittee for a violation of any of the provisions
of section 123.49 , subject to subsection 3 of this section ,
is grounds for the suspension or revocation of the license
or permit by the division or the local authority. However,
if any liquor control licensee is convicted of any violation
of section 123.49, subsection 2 , paragraph “a” , “d” , or “e” ,
or any wine or beer permittee is convicted of a violation of
section 123.49, subsection 2 , paragraph “a” or “e” , the liquor
control license or wine or beer permit shall be revoked and
shall immediately be surrendered by the holder, and the bond,
if any, of the license or permit holder shall be forfeited to
the division. However, the division shall retain only that
portion of the bond equal to the amount the division determines
the license or permit holder owes the division.
4. In addition to any other penalties imposed under this
chapter , the division shall assess a civil penalty up to the
amount of five thousand dollars upon a class “E” liquor control
licensee when the class “E” liquor license is revoked for a
violation of section 123.59 . Failure to pay the civil penalty
as required under this subsection shall result in forfeiture of
the bond to the division. However, the division shall retain
only that portion of the bond equal to the amount the division
determines the license or permit holder owes the division.
Sec. 33. Section 123.56, subsection 1, Code 2019, is amended
to read as follows:
1. Subject to rules of the division, manufacturers of
native wines from grapes, cherries, other fruits or other fruit
juices, vegetables, vegetable juices, dandelions, clover,
honey, or any combination of these ingredients, holding a class
“A” wine permit as required by this chapter , may sell, keep, or
offer for sale and deliver the wine. Notwithstanding section
123.24, subsection 4 1A, paragraph “b” , or any other provision
of this chapter , manufacturers of native wine may obtain and
possess grape brandy from the division for the sole purpose of
manufacturing wine.
Sec. 34. Section 123.56, subsection 4, Code 2019, is amended
to read as follows:

Senate File 618, p. 20
4. Notwithstanding section 123.179, subsection 1 , a A
class “A” wine permit issued for a native wine manufacturer
shall be issued and renewed annually upon payment of a fee of
twenty-five dollars which shall be in lieu of any other license
fee required by this chapter . The class “A” permit shall only
allow the native wine manufacturer to sell, keep, or offer for
sale and deliver the manufacturer’s native wines as provided
under this section .
Sec. 35. Section 123.56, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 7A. A manufacturer of native wines shall
file with the division, on or before the fifteenth day of
each calendar month, all documents filed with the alcohol and
tobacco tax and trade bureau of the United States department of
the treasury, including all wine premises operations and excise
tax return reports.
Sec. 36. Section 123.95, subsections 1 and 2, Code 2019, are
amended to read as follows:
1. A person shall not allow the dispensing or consumption of
alcoholic liquor, except wines and beer, in any establishment
unless the establishment is licensed under this chapter or
except as otherwise provided in this section .
2. a. The holder of an annual class “B” liquor control
license or an annual class “C” liquor control license may
act as the agent of a private social host for the purpose
of providing and serving alcoholic liquor, wine, and beer
beverages as part of a food catering service for a private
social gathering in a private place , provided the licensee
has applied for and been granted a catering privilege by the
division . The holder of an annual special class “C” liquor
control license shall not act as the agent of a private social
host for the purpose of providing and serving wine and beer as
part of a food catering service for a private social gathering
in a private place. An applicant for a class “B” or class “C”
liquor control license shall state on the application for the
license that the licensee intends to engage in catering food
and alcoholic beverages for private social gatherings and the
catering privilege shall be noted on the license.
b. The private social host or the licensee shall not solicit

Senate File 618, p. 21
donations in payment of any kind, including donations, for the
food or alcoholic beverages from the guests, and the alcoholic
beverages and food shall be served without cost to the guests.
c. Section 123.92 does not apply to a liquor control
licensee who acts in accordance with this section when the
liquor control licensee is providing and serving food and
alcoholic beverages as an agent of a private social host at a
private social gathering in a private place which is not on the
licensed premises.
2. An applicant for a class “B” liquor control license or
class “C” liquor control license shall state on the application
for the license that the licensee intends to engage in catering
food and alcoholic beverages for private social gatherings and
the catering privilege shall be noted on the license or permit.
d. A licensee who engages in catering food and alcoholic
beverages for private social gatherings shall maintain a record
on the licensed premises which includes the name and address
of the host of the private social gathering, and the date for
which catering was provided. The record maintained pursuant to
this section shall be open to inspection pursuant to section
123.30, subsection 1 , during normal business hours of the
licensee.
Sec. 37. Section 123.122, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
123.122 Beer certificate, permit, or license required ——
exception for personal use.
1. A person shall not cause the manufacture, importation,
or sale of beer in this state unless a certificate or permit
as provided in this subchapter, or a liquor control license as
provided in subchapter 1 of this chapter, is first obtained
which authorizes that manufacture, importation, or sale.
2. Any person of legal age may manufacture beer for
personal use without a class “A” beer permit, subject to the
requirements of this subsection. Such beer may be consumed
on the premises or removed from the premises where it was
manufactured 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.

Senate File 618, p. 22
3. Except as otherwise provided in this chapter, a person
shall not import beer. However, an individual of legal age
may import beer 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. 38. Section 123.127, subsection 1, unnumbered
paragraph 1, Code 2019, is amended to read as follows:
A person applying for a class “A” or special class “A” beer
permit shall submit an a completed application electronically,
or in a manner prescribed by the administrator, which shall set
forth under oath the following:
Sec. 39. Section 123.127, subsection 1, paragraph b, Code
2019, is amended to read as follows:
b. The names and addresses of all persons or, in the case of
a corporation, limited liability company, or any other similar
legal entity, the officers, directors, and persons owning or
controlling ten percent or more of the capital stock thereof,
having a financial interest, by way of loan, ownership, or
otherwise, in the business.
Sec. 40. Section 123.130, subsection 1, Code 2019, is
amended to read as follows:
1. a. Any person holding a class “A” beer permit issued
by the division shall be authorized to manufacture and sell,
or sell at wholesale, beer for consumption off the premises,
such sales within the state to be made only to persons holding
subsisting class “A”, “B”, or “C” beer permits, both a class
“C” native wine permit and a class “A” wine permit pursuant
to section 123.178B, subsection 4 , or liquor control licenses
issued in accordance with the provisions of this chapter .

Senate File 618, p. 23
b. A person holding a class “A” beer permit may sell beer to
distributors outside of the state that are authorized by the
laws of that jurisdiction to sell beer at wholesale.
c. A class “A” or special class “A” beer permit does not
grant authority to manufacture wine as defined in section
123.3, subsection 48 .
Sec. 41. Section 123.130, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION . 1A. Pursuant to section 123.45, subsection
2, a native brewery may be granted not more than one class “B”
beer permit as defined in section 123.124 for the purpose of
selling beer at retail for consumption on or off the premises
of the manufacturing facility.
Sec. 42. Section 123.130, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION . 4. A manufacturer of beer issued a class
“A” or special class “A” beer permit shall file with the
division, on or before the fifteenth day of each calendar
month, all documents filed with the alcohol and tobacco tax and
trade bureau of the United States department of the treasury,
including all brewer’s operation and excise tax return reports.
Sec. 43. Section 123.131, subsection 2, unnumbered
paragraph 1, Code 2019, is amended to read as follows:
Subject to the rules of the division, sales of beer for
consumption off the premises made pursuant to this section
may be made in a container other than the original container
only if the container is carried into an immediately adjacent
licensed or permitted premises covered by a license or permit
that authorizes the consumption of beer , temporary temporarily
closed public right-of-way, or a private property place , or if
all of the following requirements are met:
Sec. 44. Section 123.135, subsection 1, Code 2019, is
amended to read as follows:
1. A manufacturer, brewer, bottler, importer, or vendor of
beer, or any agent thereof, desiring to ship or sell beer, or
have beer brought into this state for resale by a class “A”
beer permittee, shall first make application for and be issued
a brewer’s certificate of compliance by the administrator for
that purpose. The certificate of compliance expires at the

Senate File 618, p. 24
end of one year from the date of issuance and shall be renewed
for a like period upon application to the administrator unless
otherwise revoked for cause. Each completed application for
a certificate of compliance or renewal of a certificate shall
be submitted electronically, or in a manner prescribed by
the administrator, and shall be accompanied by a fee of five
hundred dollars payable to the division. Each holder of a
certificate of compliance shall furnish the information in a
manner the administrator requires.
Sec. 45. Section 123.135, subsection 5, Code 2019, is
amended by striking the subsection and inserting in lieu
thereof the following:
5. Any violation of the requirements of this chapter or
the rules adopted pursuant to this chapter shall subject the
holder of a brewer’s certificate of compliance or a class “A”
beer permit holder to the general penalties provided in this
chapter and shall constitute grounds for imposition of a civil
penalty, suspension of the certificate or permit, or revocation
of the certificate or permit after notice and opportunity for a
hearing pursuant to section 123.39 and chapter 17A.
Sec. 46. Section 123.136, subsection 1, Code 2019, is
amended to read as follows:
1. In addition to the annual permit fee to be paid by
all class “A” beer permittees under this chapter there shall
be levied and collected from the permittees on all beer
manufactured for sale or sold in this state at wholesale and
on all beer imported into this state for sale at wholesale and
sold in this state at wholesale, and from special class “A”
beer permittees on all beer manufactured for consumption on the
premises and on all beer sold at retail at the manufacturing
premises for consumption off the premises pursuant to section
123.130, subsection 3 , a tax of five and eighty-nine hundredths
dollars for every barrel containing thirty-one gallons, and at
a like rate for any other quantity or for the fractional part
of a barrel. However, no tax shall be levied or collected on
beer shipped outside this state by a class “A” beer permittee
or special class “A” beer permittee or on beer sold to a class
“A” beer permittee by one a special class “A” beer permittee to
or another class “A” beer permittee.

Senate File 618, p. 25
Sec. 47. Section 123.143, subsection 3, Code 2019, is
amended to read as follows:
3. Barrel tax revenues collected on beer manufactured in
this state from a class “A” beer permittee which owns and
operates a native brewery located in Iowa shall be credited
to the barrel tax fund hereby created in the office of the
treasurer of state. Moneys deposited in the barrel tax fund
shall not revert to the general fund of the state without a
specific appropriation by the general assembly. Moneys in the
barrel tax fund are appropriated to the economic development
authority for purposes of section 15E.117 .
Sec. 48. Section 123.173A, subsection 2, Code 2019, is
amended to read as follows:
2. An authorized nonprofit entity may, upon application
to the division and receipt of a charity beer, spirits, and
wine auction permit from the division, conduct a charity
auction which includes beer, spirits, and wine. The completed
application shall specify the date and time when the charity
beer, spirits, and wine auction is to be conducted and the
premises in this state where the charity beer, spirits, and
wine auction is to be physically conducted. The applicant
shall certify that the objective of the charity beer, spirits,
and wine auction is to raise funds solely to be used for
educational, religious, or charitable purposes and that the
entire proceeds from the charity beer, spirits, and wine
auction are to be expended for any of the purposes described in
section 423.3, subsection 78 .
Sec. 49. Section 123.173A, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION . 8. Any violation of the requirements of
this chapter or the rules adopted pursuant to this chapter
shall subject the permit holder to the general penalties
provided in this chapter and shall constitute grounds for
imposition of a civil penalty, suspension of the permit, or
revocation of the permit after notice and opportunity for a
hearing pursuant to section 123.39 and chapter 17A.
Sec. 50. Section 123.175, subsection 1, unnumbered
paragraph 1, Code 2019, is amended to read as follows:
A person applying for a class “A” or retail wine permit

Senate File 618, p. 26
shall submit an a completed application electronically, or in a
manner prescribed by the administrator, which shall set forth
under oath the following:
Sec. 51. Section 123.175, subsection 1, paragraph b, Code
2019, is amended to read as follows:
b. The names and addresses of all persons or, in the case of
a corporation, limited liability company, or any other similar
legal entity, the officers, directors, and persons owning or
controlling ten percent or more of the capital stock thereof,
having a financial interest, by way of loan, ownership, or
otherwise, in the business.
Sec. 52. Section 123.177, subsection 1, Code 2019, is
amended to read as follows:
1. A person holding a class “A” wine permit may manufacture
and sell, or sell at wholesale, wine for consumption off the
premises. Sales within the state may be made only to persons
holding a class “A” or “B” wine permit and to persons holding a
retail liquor control license. However, if the person holding
the class “A” permit is a manufacturer of native wine, the
person may sell only native wine to a person holding a retail
wine permit or a retail liquor control license. A person
holding a class “A” wine permit may sell wine to distributors
outside of the state that are authorized by the laws of that
jurisdiction to sell wine at wholesale. A class “A” wine
permittee having more than one place of business shall obtain a
separate permit for each place of business where wine is to be
manufactured, stored, warehoused, or sold.
Sec. 53. Section 123.179, subsection 1, Code 2019, is
amended to read as follows:
1. The annual permit fee for a class “A” wine permit that
is not issued to a native wine manufacturer is seven hundred
fifty dollars.
Sec. 54. Section 123.179, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION . 1A. The annual permit fee for a class “A”
wine permit issued to a native wine manufacturer is twenty-five
dollars.
Sec. 55. Section 123.180, subsection 1, Code 2019, is
amended to read as follows:

Senate File 618, p. 27
1. A manufacturer, vintner, bottler, importer, or vendor of
wine, or an agent thereof, desiring to ship, sell, or have wine
brought into this state for sale at wholesale by a class “A”
permittee shall first make application for and shall be issued
a vintner’s certificate of compliance by the administrator
for that purpose. The vintner’s certificate of compliance
shall expire at the end of one year from the date of issuance
and shall be renewed for a like period upon application to
the administrator unless otherwise revoked for cause. Each
completed application for a vintner’s certificate of compliance
or renewal of a certificate shall be submitted electronically,
or in a manner prescribed by the administrator, and shall be
accompanied by a fee of one hundred dollars payable to the
division. Each holder of a vintner’s certificate of compliance
shall furnish the information required by the administrator in
the form the administrator requires. A vintner or wine bottler
whose plant is located in Iowa and who otherwise holds a class
“A” wine permit to sell wine at wholesale is exempt from the
fee, but not the other terms and conditions. The holder of a
vintner’s certificate of compliance may also hold a class “A”
wine permit.
Sec. 56. Section 123.180, subsection 6, Code 2019, is
amended by striking the subsection and inserting in lieu
thereof the following:
6. Any violation of the requirements of this chapter or
the rules adopted pursuant to this chapter shall subject the
holder of a vintner’s certificate of compliance or a class “A”
wine permit holder to the general penalties provided in this
chapter and shall constitute grounds for imposition of a civil
penalty, suspension of the certificate or permit, or revocation
of the certificate or permit after notice and opportunity for a
hearing pursuant to section 123.39 and chapter 17A.
Sec. 57. Section 123.183, subsection 1, Code 2019, is
amended to read as follows:
1. In addition to the annual permit fee to be paid by each
class “A” wine permittee, a wine gallonage tax shall be levied
and collected from each class “A” wine permittee on all wine
manufactured for sale and sold in this state at wholesale and
on all wine imported into this state for sale at wholesale and

Senate File 618, p. 28
sold in this state at wholesale. A wine gallonage tax shall
also be levied and collected on the direct shipment of wine
pursuant to section 123.187 . The rate of the wine gallonage
tax is one dollar and seventy-five cents for each wine gallon.
The same rate shall apply for the fractional parts of a
wine gallon. The wine gallonage tax shall not be levied or
collected on wine sold by one class “A” wine permittee to
another class “A” wine permittee or on wine that is sold by a
class “A” wine permittee to a distributor outside of the state .
Sec. 58. Section 123.186, subsection 1, Code 2019, is
amended to read as follows:
1. The division shall adopt as rules the substance of the
federal regulations 27 C.F.R.
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
between wholesalers and retailers .
Sec. 59. Section 123.187, subsection 3, paragraph d, Code
2019, is amended to read as follows:
d. All containers of wine shipped directly to a resident
of this state shall be shipped by a holder of a wine carrier
permit as provided in subsection 6 section 123.188 .
Sec. 60. Section 123.187, subsection 6, Code 2019, is
amended by striking the subsection.
Sec. 61. NEW SECTION . 123.188 Wine carrier —— permit and
requirements.
1. A person desiring to deliver wine subject to direct
shipment within this state pursuant to section 123.187 shall
submit an application for a wine carrier permit electronically,
or in a manner prescribed by the administrator, and shall be
accompanied by a fee in the amount of one hundred dollars.
2. The administrator may in accordance with this chapter
issue a wine carrier permit which shall be valid for one year
from the date of issuance unless it is sooner suspended or
revoked for a violation of this chapter.
3. A permit issued pursuant to this section may be
renewed annually by submitting a renewal application with the
administrator in a manner prescribed by the administrator,
accompanied by the one hundred dollar permit fee.
4. The delivery of wine pursuant to this section shall be

Senate File 618, p. 29
subject to the following requirements and restrictions:
a. A wine carrier permittee shall not deliver wine to
any person under twenty-one years of age, or to any person
who either is or appears to be in an intoxicated state or
condition.
b. A wine carrier permittee shall obtain valid proof of
identity and age prior to delivery, and shall obtain the
signature of an adult as a condition of delivery.
c. A wine carrier permittee shall maintain records of wine
shipped which include the permit number and name of the wine
manufacturer, quantity of wine shipped, recipient’s name and
address, and an electronic or paper form of signature from
the recipient of the wine. Records shall be submitted to
the division on a monthly basis in a form and manner to be
determined by the division.
5. A violation of this section shall subject the permittee
to the general penalties provided in this chapter and shall
constitute grounds for imposition of a civil penalty or
suspension or revocation of the permit pursuant to section
123.39.
Sec. 62. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 123.56 to section 123.176.
2. The Code editor is directed to correct internal
references in the Code as necessary due to enactment of this
section.
Sec. 63. REPEAL. Sections 123.144 and 123.146, Code 2019,
are repealed.
DIVISION II
ALCOHOLIC BEVERAGE DELIVERIES
Sec. 64. Section 123.46A, subsection 1, Code 2019, is
amended to read as follows:
1. Licensees and permittees authorized to sell alcoholic
liquor, wine, or beer in original unopened containers for
consumption off the licensed premises may deliver alcoholic
liquor, wine, or beer to a home , another licensed premises if
there is identical ownership of the premises by the licensee
or permittee, or other designated location in this state.

Senate File 618, p. 30
Deliveries shall be limited to alcoholic beverages authorized
by the licensee’s or permittee’s license or permit.
Sec. 65. Section 123.46A, subsection 2, paragraph a, Code
2019, is amended to read as follows:
a. Payment for the alcoholic liquor, wine, or beer shall be
received on the licensed premises by the licensee or permittee
at the time of order.
Sec. 66. Section 123.46A, subsection 2, Code 2019, is
amended by adding the following new paragraphs:
NEW PARAGRAPH . 0b. Orders for deliveries may be taken by
the licensee or permittee between the hours of 2:00 a.m. and
6:00 a.m. on a day other than Sunday, and orders for deliveries
may be taken between the hours of 2:00 a.m. and 8:00 a.m. on a
Sunday provided the licensee or permittee has been granted the
privilege of selling alcoholic liquor, wine, or beer on Sunday,
notwithstanding any provision of section 123.49, subsection 2,
paragraph “b” , to the contrary.
NEW PARAGRAPH . k. Orders delivered to another licensed
premises shall contain only those alcoholic beverages
authorized for sale by the liquor control license or retail
wine or beer permit covering the premises to receive the
delivery.
NEW PARAGRAPH . l. Orders delivered to another licensed
premises shall be fulfilled using the alcoholic beverages
inventory owned by the licensee or permittee who received the
order for delivery. If the recipient refuses or fails to pick
up the delivery, or is ineligible to receive the delivery,
the alcoholic beverages shall be returned to the licensee or
permittee who fulfilled the order.
Sec. 67. Section 123.49, subsection 2, paragraph d,
subparagraph (1), Code 2019, is amended to read as follows:
(1) Keep on premises covered by a liquor control license
any alcoholic liquor in any container except the original
package purchased from the division, and except mixed drinks
or cocktails mixed on the premises for immediate consumption
on the licensed premises or as otherwise provided by this
paragraph “d” . This prohibition does not apply to common
carriers holding holders of a class “D” liquor control license
or to alcoholic liquor delivered in accordance with section

Senate File 618, p. 31
123.46A .
Sec. 68. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
______________________________ ______________________________
CHARLES SCHNEIDER LINDA UPMEYER
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 618, Eighty-eighth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2019 ______________________________
KIM REYNOLDS
Governor