Bill Text: IA SSB1097 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to alcoholic beverage control and matters under the purview of the alcoholic beverages division of the department of commerce.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-13 - Subcommittee: Anderson, Bertrand, and Mathis. [SSB1097 Detail]
Download: Iowa-2017-SSB1097-Introduced.html
Senate
Study
Bill
1097
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/ALCOHOLIC
BEVERAGES
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
alcoholic
beverage
control
and
matters
under
1
the
purview
of
the
alcoholic
beverages
division
of
the
2
department
of
commerce.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
ALCOHOLIC
BEVERAGE
CONTROL
2
Section
1.
Section
123.3,
subsection
25,
Code
2017,
is
3
amended
to
read
as
follows:
4
25.
“Licensed
premises”
or
“premises”
means
all
rooms,
5
enclosures,
contiguous
areas,
or
places
susceptible
of
precise
6
description
satisfactory
to
the
administrator
where
alcoholic
7
beverages,
wine,
or
beer
is
sold
or
consumed
under
authority
8
of
a
liquor
control
license,
wine
permit,
or
beer
permit.
9
A
single
licensed
premises
may
consist
of
multiple
rooms,
10
enclosures,
areas
,
or
places
if
they
are
wholly
within
the
11
confines
of
a
single
building
or
contiguous
grounds
,
or
areas
12
or
places
susceptible
of
precise
description
satisfactory
to
13
the
administrator
.
14
Sec.
2.
Section
123.3,
Code
2017,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
30A.
“Original
container”
means
a
vessel
17
containing
an
alcoholic
beverage
that
has
been
lawfully
18
obtained,
bears
a
label
approved
by
the
alcohol
and
tobacco
19
tax
and
trade
bureau
of
the
United
States
department
of
the
20
treasury,
and
has
been
securely
capped,
sealed,
or
corked
at
21
the
location
of
manufacture.
22
Sec.
3.
Section
123.22,
Code
2017,
is
amended
to
read
as
23
follows:
24
123.22
State
monopoly.
25
1.
The
division
has
the
exclusive
right
of
importation
26
into
the
state
of
all
forms
of
alcoholic
liquor,
except
as
27
otherwise
provided
in
this
chapter
,
and
a
person
shall
not
28
import
alcoholic
liquor,
except
that
an
individual
of
legal
age
29
may
import
and
have
in
the
individual’s
possession
an
amount
30
of
alcoholic
liquor
not
exceeding
one
liter
or,
in
the
case
of
31
alcoholic
liquor
personally
obtained
outside
the
United
States,
32
four
liters
for
personal
consumption
only
in
a
private
home
33
or
other
private
accommodation.
A
distillery
shall
not
sell
34
alcoholic
liquor
within
the
state
to
any
person
but
only
to
35
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H.F.
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the
division,
except
as
otherwise
provided
in
this
chapter
.
1
This
section
vests
in
the
division
exclusive
control
within
the
2
state
as
purchaser
of
all
alcoholic
liquor
sold
by
distilleries
3
within
the
state
or
imported,
except
beer
and
wine,
and
except
4
as
otherwise
provided
in
this
chapter
.
The
division
shall
5
receive
alcoholic
liquor
on
a
bailment
system
for
resale
by
the
6
division
in
the
manner
set
forth
in
this
chapter
.
The
division
7
shall
act
as
the
sole
wholesaler
of
alcoholic
liquor
to
class
8
“E”
liquor
control
licensees.
9
2.
No
person,
acting
individually
or
through
another
10
acting
for
the
person
shall
directly
or
indirectly,
or
upon
11
any
pretense,
or
by
any
device,
manufacture,
sell,
exchange,
12
barter,
dispense,
give
in
consideration
of
the
purchase
of
any
13
property
or
of
any
services
or
in
evasion
of
this
chapter
,
or
14
keep
for
sale,
or
have
possession
of
any
intoxicating
liquor,
15
except
as
provided
in
this
chapter
;
or
own,
keep,
or
be
in
any
16
way
concerned,
engaged,
or
employed
in
owning
or
keeping,
any
17
intoxicating
liquor
with
intent
to
violate
any
provision
of
18
this
chapter
,
or
authorize
or
permit
the
same
to
be
done;
or
19
manufacture,
own,
sell,
or
have
possession
of
any
manufactured
20
or
compounded
article,
mixture
or
substance,
not
in
a
liquid
21
form,
and
containing
alcohol
which
may
be
converted
into
a
22
beverage
by
a
process
of
pressing
or
straining
the
alcohol
23
therefrom,
or
any
instrument
intended
for
use
and
capable
of
24
being
used
in
the
manufacture
of
intoxicating
liquor;
or
own
25
or
have
possession
of
any
material
used
exclusively
in
the
26
manufacture
of
intoxicating
liquor;
or
use
or
have
possession
27
of
any
material
with
intent
to
use
it
in
the
manufacture
of
28
intoxicating
liquors;
however,
alcohol
may
be
manufactured
29
for
industrial
and
nonbeverage
purposes
by
persons
who
have
30
qualified
for
that
purpose
as
provided
by
the
laws
of
the
31
United
States
and
the
laws
of
this
state.
Such
alcohol,
so
32
manufactured,
may
be
denatured,
transported,
used,
possessed,
33
sold,
and
bartered
and
dispensed,
subject
to
the
limitations,
34
prohibitions
and
restrictions
imposed
by
the
laws
of
the
United
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States
and
this
state.
Any
person
may
manufacture,
sell,
or
1
transport
ingredients
and
devices
other
than
alcohol
for
the
2
making
of
homemade
wine
or
beer
.
3
Sec.
4.
Section
123.23,
subsection
2,
Code
2017,
is
amended
4
to
read
as
follows:
5
2.
At
the
time
of
applying
for
a
certificate
of
compliance,
6
each
applicant
shall
submit
to
the
division
electronically,
7
or
in
a
manner
prescribed
by
the
administrator,
the
name
and
8
address
of
its
authorized
agent
for
service
of
process
which
9
shall
remain
effective
until
changed
for
another,
and
a
list
10
of
names
and
addresses
of
all
representatives,
employees,
or
11
attorneys
whom
the
applicant
has
appointed
in
the
state
of
Iowa
12
to
represent
it
for
any
purpose.
The
listing
shall
be
amended
13
from
time
to
time
by
the
certificate
holder
as
necessary
to
14
keep
the
listing
current
with
the
division.
15
Sec.
5.
Section
123.28,
Code
2017,
is
amended
to
read
as
16
follows:
17
123.28
Restrictions
on
transportation.
18
1.
It
is
lawful
to
transport,
carry,
or
convey
alcoholic
19
liquors
from
the
place
of
purchase
by
the
division
to
a
state
20
warehouse
or
depot
established
by
the
division
or
from
one
such
21
place
to
another
and,
when
so
permitted
by
this
chapter
,
it
is
22
lawful
for
the
division,
a
common
carrier,
or
other
person
to
23
transport,
carry,
or
convey
alcoholic
liquor
sold
from
a
state
24
warehouse,
depot,
or
point
of
purchase
by
the
state
to
any
25
place
to
which
the
liquor
may
be
lawfully
delivered
under
this
26
chapter
.
27
2.
The
division
shall
deliver
alcoholic
liquor
purchased
by
28
class
“E”
liquor
control
licensees.
Class
“E”
liquor
control
29
licensees
may
deliver
alcoholic
liquor
purchased
by
class
“A”,
30
“B”,
or
“C”
liquor
control
licensees,
and
class
“A”,
“B”,
or
31
“C”
liquor
control
licensees
may
transport
alcoholic
liquor
32
purchased
from
class
“E”
liquor
control
licensees.
33
3.
A
common
carrier
or
other
person
shall
not
break
or
34
open
or
allow
to
be
broken
or
opened
a
container
or
package
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H.F.
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containing
alcoholic
liquor
or
use
or
drink
or
allow
to
be
used
1
or
drunk
any
alcoholic
liquor
while
it
is
being
transported
or
2
conveyed
,
but
this
.
3
4.
This
section
does
not
prohibit
a
private
person
from
4
transporting
individual
bottles
or
containers
of
alcoholic
5
liquor
exempted
pursuant
to
section
123.22
and
individual
6
bottles
or
containers
bearing
the
identifying
mark
prescribed
7
in
section
123.26
which
have
been
opened
previous
to
the
8
commencement
of
the
transportation.
9
5.
This
section
does
not
affect
the
right
of
a
special
10
permit
or
liquor
control
license
holder
to
purchase,
possess,
11
or
transport
alcoholic
liquors
subject
to
this
chapter
.
12
Sec.
6.
Section
123.30,
subsection
1,
paragraph
c,
Code
13
2017,
is
amended
to
read
as
follows:
14
c.
As
a
further
condition
for
the
issuance
of
a
class
“E”
15
liquor
control
license,
the
applicant
shall
post
a
bond
in
16
a
sum
of
not
less
than
five
thousand
nor
more
than
fifteen
17
thousand
dollars
as
determined
on
a
sliding
scale
established
18
by
the
division;
however,
a
bond
shall
not
be
required
if
all
19
purchases
of
alcoholic
liquor
from
the
division
by
the
licensee
20
are
made
by
cash
payment
or
by
means
that
ensure
that
the
21
division
will
receive
full
payment
in
advance
of
delivery
of
22
the
alcoholic
liquor.
23
Sec.
7.
Section
123.31,
subsections
6
and
7,
Code
2017,
are
24
amended
by
striking
the
subsections.
25
Sec.
8.
Section
123.32,
subsection
6,
paragraph
b,
Code
26
2017,
is
amended
to
read
as
follows:
27
b.
Upon
receipt
of
an
application
having
been
approved
by
28
the
local
authority,
the
division
shall
make
an
investigation
29
as
the
administrator
deems
necessary
to
determine
that
the
30
applicant
complies
with
all
requirements
for
holding
a
license
31
or
permit,
and
may
require
the
applicant
to
appear
to
be
32
examined
under
oath
to
demonstrate
that
the
applicant
complies
33
with
all
of
the
requirements
to
hold
a
license
or
permit.
If
34
the
administrator
requires
the
applicant
to
appear
and
to
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testify
under
oath,
a
record
shall
be
made
of
all
testimony
or
1
evidence
and
the
record
shall
become
a
part
of
the
application.
2
The
administrator
may
appoint
a
member
of
the
division
or
3
may
request
an
administrative
law
judge
of
the
department
of
4
inspections
and
appeals
to
receive
the
testimony
under
oath
5
and
evidence,
and
to
issue
a
proposed
decision
to
approve
6
or
disapprove
the
application
for
a
license
or
permit.
The
7
administrator
may
affirm,
reverse,
or
modify
the
proposed
8
decision
to
approve
or
disapprove
the
application
for
the
9
license
or
permit.
If
the
application
is
approved
by
the
10
administrator,
the
license
or
permit
shall
be
issued.
If
the
11
application
is
disapproved
by
the
administrator,
the
applicant
12
and
the
appropriate
local
authority
shall
be
so
notified
by
13
certified
mail
and
the
appropriate
local
authority
shall
be
14
notified
electronically,
or
in
a
manner
prescribed
by
the
15
administrator
.
16
Sec.
9.
Section
123.33,
Code
2017,
is
amended
to
read
as
17
follows:
18
123.33
Records.
19
Every
holder
of
a
liquor
control
license
shall
keep
a
daily
20
record,
in
printed
or
electronic
format,
of
the
gross
receipts
21
of
the
holder’s
business
or
permit
under
this
chapter
shall
22
maintain
records,
in
printed
and
electronic
format,
which
23
include
income
statements,
balance
sheets,
purchase
and
sales
24
invoices,
purchase
and
sales
ledgers,
and
any
other
records
as
25
the
administrator
may
require
.
The
records
required
and
the
26
premises
of
the
licensee
or
permittee
shall
be
accessible
and
27
open
to
inspection
pursuant
to
section
123.30,
subsection
1
,
28
during
normal
business
hours
of
the
licensee
or
permittee
.
29
Sec.
10.
Section
123.34,
subsection
1,
Code
2017,
is
amended
30
to
read
as
follows:
31
1.
Liquor
control
licenses,
wine
permits,
and
beer
permits,
32
unless
sooner
suspended
or
revoked,
expire
one
year
from
33
date
of
issuance.
The
administrator
shall
give
sixty
days’
34
written
notice
of
the
expiration
to
each
licensee
or
permittee.
35
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However,
the
administrator
may
issue
six-month
or
eight-month
1
seasonal
licenses,
class
“B”
wine
permits,
or
class
“B”
beer
2
permits
for
a
proportionate
part
of
the
license
or
permit
fee
3
or
may
issue
fourteen-day
liquor
control
licenses,
native
wine
4
permits,
or
beer
permits
as
provided
in
subsection
2
.
No
5
refund
shall
be
made
for
seasonal
licenses
or
permits
or
for
6
fourteen-day
liquor
control
licenses,
native
wine
permits,
or
7
beer
permits.
No
seasonal
license
or
permit
shall
be
renewed
8
except
.
However,
after
a
period
of
two
months
the
applicant
9
may
apply
for
a
new
seasonal
license
or
permit
for
the
same
10
location
.
11
Sec.
11.
Section
123.49,
subsection
2,
paragraph
b,
Code
12
2017,
is
amended
to
read
as
follows:
13
b.
Sell
or
dispense
any
alcoholic
beverage
or
beer
on
14
the
premises
covered
by
the
license
or
permit,
or
permit
its
15
consumption
thereon
between
the
hours
of
2:00
a.m.
and
6:00
16
a.m.
on
a
weekday,
and
between
the
hours
of
2:00
a.m.
on
Sunday
17
and
6:00
a.m.
on
the
following
Monday,
however,
a
holder
of
a
18
liquor
control
license
or
retail
wine
or
beer
permit
granted
19
the
privilege
of
selling
alcoholic
liquor
,
wine,
or
beer
on
20
Sunday
may
sell
or
dispense
alcoholic
liquor
,
wine,
or
beer
21
between
the
hours
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
on
the
22
following
Monday.
23
Sec.
12.
Section
123.49,
subsection
2,
paragraph
k,
Code
24
2017,
is
amended
by
striking
the
paragraph.
25
Sec.
13.
Section
123.51,
subsection
1,
Code
2017,
is
amended
26
to
read
as
follows:
27
1.
No
signs
or
other
matter
advertising
any
brand
of
28
alcoholic
liquor,
beer,
or
wine
shall
be
erected
or
placed
upon
29
the
outside
of
any
premises
occupied
by
a
licensee
or
permittee
30
authorized
to
sell
alcoholic
liquor,
beer,
or
wine
at
retail.
31
This
subsection
does
not
prohibit
the
use
of
signs
However,
32
signs
or
other
advertising
matter
may
be
erected
or
placed
33
inside
the
premises,
inside
a
fence
or
similar
enclosure
which
34
wholly
or
partially
surrounds
the
licensed
premises
,
or
inside
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a
window
facing
outward
from
the
premises
.
1
Sec.
14.
Section
123.175,
Code
2017,
is
amended
by
striking
2
the
section
and
inserting
in
lieu
thereof
the
following:
3
123.175
Class
“A”
or
retail
wine
permit
application
and
4
issuance.
5
1.
A
person
applying
for
a
class
“A”
or
retail
wine
permit
6
shall
submit
an
application
electronically,
or
in
a
manner
7
prescribed
by
the
administrator,
which
shall
set
forth
under
8
oath
the
following:
9
a.
The
name
and
place
of
residence
of
the
applicant.
10
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
11
a
corporation,
the
officers,
directors,
and
persons
owning
or
12
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
13
having
a
financial
interest,
by
way
of
loan,
ownership,
or
14
otherwise,
in
the
business.
15
c.
The
location
of
the
premises
where
the
applicant
intends
16
to
operate.
17
d.
The
name
of
the
owner
of
the
premises
and
if
the
owner
of
18
the
premises
is
not
the
applicant,
whether
the
applicant
is
the
19
actual
lessee
of
the
premises.
20
e.
When
required
by
the
administrator,
and
in
such
form
and
21
containing
such
information
as
the
administrator
may
require,
22
a
description
of
the
premises
where
the
applicant
intends
to
23
use
the
permit,
to
include
a
sketch
or
drawing
of
the
premises
24
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
25
space
which
comprises
the
retail
sales
area
of
the
premises.
26
f.
Whether
any
person
specified
in
paragraph
“b”
has
ever
27
been
convicted
of
any
offense
against
the
laws
of
the
United
28
States,
or
any
state
or
territory
thereof,
or
any
political
29
subdivision
of
any
such
state
or
territory.
30
g.
Any
other
information
as
required
by
the
administrator.
31
2.
The
administrator
shall
issue
a
class
“A”
or
retail
wine
32
permit
to
any
applicant
who
establishes
all
of
the
following:
33
a.
That
the
applicant
has
submitted
a
completed
application
34
as
required
by
subsection
1.
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b.
That
the
applicant
is
a
person
of
good
moral
character
as
1
provided
in
section
123.3,
subsection
34.
2
c.
That
the
applicant
is
a
citizen
of
the
state
of
Iowa
3
or,
if
a
corporation,
that
the
applicant
is
authorized
to
do
4
business
in
the
state.
5
d.
That
the
premises
where
the
applicant
intends
to
use
the
6
permit
conforms
to
all
applicable
laws,
health
regulations,
and
7
fire
regulations,
and
constitutes
a
safe
and
proper
place
or
8
building.
9
e.
That
the
applicant
gives
consent
to
a
person,
pursuant
10
to
section
123.30,
subsection
1,
to
enter
upon
the
premises
11
without
a
warrant
during
the
business
hours
of
the
applicant
12
to
inspect
for
violations
of
the
provisions
of
this
chapter
or
13
ordinances
and
regulations
that
local
authorities
may
adopt.
14
f.
That
the
applicant
has
submitted,
in
the
case
of
a
class
15
“A”
wine
permit,
a
bond
in
the
amount
of
five
thousand
dollars
16
in
a
manner
prescribed
by
the
administrator
with
good
and
17
sufficient
sureties
to
be
approved
by
the
division
conditioned
18
upon
compliance
with
this
chapter.
19
Sec.
15.
Section
123.178B,
subsection
4,
Code
2017,
is
20
amended
to
read
as
follows:
21
4.
A
person
holding
a
class
“C”
native
wine
permit
and
a
22
class
“A”
wine
permit
whose
primary
purpose
is
manufacturing
23
native
wine
may
purchase
beer
from
a
wholesaler
holding
a
class
24
“A”
beer
permit
for
sale
at
retail
for
consumption
on
or
off
25
the
premises
covered
by
the
class
“C”
native
wine
permit
.
26
Sec.
16.
Section
123.180,
subsection
2,
Code
2017,
is
27
amended
to
read
as
follows:
28
2.
At
the
time
of
applying
for
a
vintner’s
certificate
of
29
compliance,
each
applicant
shall
file
with
the
division
a
list
30
of
all
class
“A”
wine
permittees
with
whom
it
intends
to
do
31
business.
The
listing
of
class
“A”
wine
permittees
as
filed
32
with
the
division
may
shall
be
amended
from
time
to
time
by
the
33
holder
of
the
certificate
of
compliance
as
necessary
to
keep
34
the
listing
current
with
the
division
.
35
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Sec.
17.
Section
123.183,
subsection
2,
paragraph
a,
Code
1
2017,
is
amended
to
read
as
follows:
2
a.
Revenue
collected
from
the
wine
gallonage
tax
on
wine
3
manufactured
for
sale
and
sold
at
wholesale
in
this
state,
4
and
on
wine
subject
to
direct
shipment
as
provided
in
section
5
123.187
by
a
wine
manufacturer
licensed
or
permitted
pursuant
6
to
laws
regulating
alcoholic
beverages
in
this
state,
shall
be
7
deposited
in
the
wine
gallonage
tax
fund
as
created
in
this
8
section
.
9
Sec.
18.
Section
123.187,
subsection
2,
paragraph
c,
Code
10
2017,
is
amended
to
read
as
follows:
11
c.
An
application
submitted
pursuant
to
paragraph
“a”
12
shall
also
be
accompanied
by
a
bond
in
the
amount
of
five
13
thousand
dollars
in
the
form
prescribed
and
furnished
by
the
14
division
with
good
and
sufficient
sureties
to
be
approved
by
15
the
division
conditioned
upon
compliance
with
this
chapter
.
16
However,
a
wine
manufacturer
that
has
submitted
a
bond
pursuant
17
to
section
123.175,
subsection
3
2
,
paragraph
“f”
,
shall
not
be
18
required
to
provide
a
bond
as
provided
in
this
paragraph.
19
DIVISION
II
20
BEER
PERMITS
21
Sec.
19.
Section
123.30,
subsection
3,
paragraph
e,
22
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
23
(1)
A
class
“E”
liquor
control
license
may
be
issued
and
24
shall
authorize
the
holder
to
purchase
alcoholic
liquor
from
25
the
division
only
and
high
alcoholic
content
beer
from
a
class
26
“AA”
“A”
beer
permittee
only
and
to
sell
the
alcoholic
liquor
27
and
high
alcoholic
content
beer
to
patrons
for
consumption
off
28
the
licensed
premises
and
to
other
liquor
control
licensees.
29
A
holder
of
a
class
“E”
liquor
control
license
may
hold
other
30
retail
liquor
control
licenses
or
retail
wine
or
beer
permits,
31
but
the
premises
licensed
under
a
class
“E”
liquor
control
32
license
shall
be
separate
from
other
licensed
premises,
though
33
the
separate
premises
may
have
a
common
entrance.
However,
34
the
holder
of
a
class
“E”
liquor
control
license
may
also
hold
35
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_____
H.F.
_____
a
class
“B”
wine
or
class
“C”
beer
permit
or
both
for
the
1
premises
licensed
under
a
class
“E”
liquor
control
license.
2
Sec.
20.
Section
123.124,
Code
2017,
is
amended
by
striking
3
the
section
and
inserting
in
lieu
thereof
the
following:
4
123.124
Beer
permits
——
classes.
5
Permits
for
the
manufacture
and
sale,
or
sale,
of
beer
shall
6
be
divided
into
four
classes,
known
as
class
“A”,
special
7
class
“A”,
class
“B”,
or
class
“C”
beer
permits.
A
holder
of
8
a
class
“A”
or
special
class
“A”
beer
permit
shall
have
the
9
authority
as
provided
in
section
123.130.
A
holder
of
a
class
10
“B”
beer
permit
shall
have
the
authority
as
provided
in
section
11
123.131,
and
a
holder
of
a
class
“C”
beer
permit
shall
have
the
12
authority
as
provided
in
section
123.132.
13
Sec.
21.
Section
123.125,
Code
2017,
is
amended
to
read
as
14
follows:
15
123.125
Issuance
of
beer
permits.
16
The
administrator
shall
issue
class
“A”,
special
class
“A”,
17
class
“AA”,
special
class
“AA”,
class
“B”,
and
class
“C”
beer
18
permits
and
may
suspend
or
revoke
permits
for
cause
as
provided
19
in
this
chapter
.
20
Sec.
22.
Section
123.127,
Code
2017,
is
amended
by
striking
21
the
section
and
inserting
in
lieu
thereof
the
following:
22
123.127
Class
“A”
and
special
class
“A”
beer
permit
23
application
and
issuance.
24
1.
A
person
applying
for
a
class
“A”
or
special
class
“A”
25
beer
permit
shall
submit
an
application
electronically,
or
in
a
26
manner
prescribed
by
the
administrator,
which
shall
set
forth
27
under
oath
the
following:
28
a.
The
name
and
place
of
residence
of
the
applicant.
29
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
30
a
corporation,
the
officers,
directors,
and
persons
owning
or
31
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
32
having
a
financial
interest,
by
way
of
loan,
ownership,
or
33
otherwise,
in
the
business.
34
c.
The
location
of
the
premises
where
the
applicant
intends
35
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_____
H.F.
_____
to
operate.
1
d.
The
name
of
the
owner
of
the
premises
and
if
the
owner
of
2
the
premises
is
not
the
applicant,
whether
the
applicant
is
the
3
actual
lessee
of
the
premises.
4
e.
When
required
by
the
administrator,
and
in
such
form
and
5
containing
such
information
as
the
administrator
may
require,
6
a
description
of
the
premises
where
the
applicant
intends
to
7
use
the
permit,
to
include
a
sketch
or
drawing
of
the
premises
8
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
9
space
which
comprises
the
retail
sales
area
of
the
premises.
10
f.
Whether
any
person
specified
in
paragraph
“b”
has
ever
11
been
convicted
of
any
offense
against
the
laws
of
the
United
12
States,
or
any
state
or
territory
thereof,
or
any
political
13
subdivision
of
any
such
state
or
territory.
14
g.
Any
other
information
as
required
by
the
administrator.
15
2.
The
administrator
shall
issue
a
class
“A”
or
special
16
class
“A”
beer
permit
to
any
applicant
who
establishes
all
of
17
the
following:
18
a.
That
the
applicant
has
submitted
a
completed
application
19
as
required
by
subsection
1.
20
b.
That
the
applicant
is
a
person
of
good
moral
character
as
21
provided
in
section
123.3,
subsection
34.
22
c.
That
the
applicant
is
a
citizen
of
the
state
of
Iowa
23
or,
if
a
corporation,
that
the
applicant
is
authorized
to
do
24
business
in
the
state.
25
d.
That
the
premises
where
the
applicant
intends
to
use
the
26
permit
conforms
to
all
applicable
laws,
health
regulations,
and
27
fire
regulations,
and
constitutes
a
safe
and
proper
place
or
28
building.
29
e.
That
the
applicant
gives
consent
to
a
person,
pursuant
30
to
section
123.30,
subsection
1,
to
enter
upon
the
premises
31
without
a
warrant
during
the
business
hours
of
the
applicant
32
to
inspect
for
violations
of
the
provisions
of
this
chapter
or
33
ordinances
and
regulations
that
local
authorities
may
adopt.
34
f.
That
the
applicant
has
submitted
a
bond
in
the
amount
35
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_____
H.F.
_____
of
ten
thousand
dollars
in
a
manner
prescribed
by
the
1
administrator
with
good
and
sufficient
sureties
to
be
approved
2
by
the
division
conditioned
upon
compliance
with
this
chapter.
3
g.
If
the
person
is
applying
for
a
special
class
“A”
beer
4
permit,
that
the
applicant
holds
or
has
applied
for
a
class
“C”
5
liquor
control
license
or
class
“B”
beer
permit.
6
Sec.
23.
Section
123.128,
subsection
1,
paragraph
a,
Code
7
2017,
is
amended
to
read
as
follows:
8
a.
All
the
information
required
of
an
applicant
by
section
9
123.127,
subsection
1
,
paragraph
“a”
.
10
Sec.
24.
Section
123.128,
subsection
2,
Code
2017,
is
11
amended
to
read
as
follows:
12
2.
Fulfills
the
requirements
of
section
123.127,
subsection
13
1
2
,
paragraph
paragraphs
“b”
,
“c”
,
and
“d”
.
14
Sec.
25.
Section
123.129,
subsection
2,
paragraphs
a
and
b,
15
Code
2017,
are
amended
to
read
as
follows:
16
a.
Submits
an
application
electronically,
or
in
a
manner
17
prescribed
by
the
administrator,
which
shall
state
under
18
oath
all
the
information
required
of
an
applicant
by
section
19
123.127,
subsection
1
,
paragraph
“a”
.
20
b.
Establishes
that
the
person
is
of
good
moral
character
as
21
defined
by
this
chapter
Fulfills
the
requirements
of
section
22
123.127,
subsection
2,
paragraphs
“b”
,
“c”
,
and
“d”
.
23
Sec.
26.
Section
123.129,
subsection
2,
paragraph
d,
Code
24
2017,
is
amended
by
striking
the
paragraph.
25
Sec.
27.
Section
123.130,
Code
2017,
is
amended
to
read
as
26
follows:
27
123.130
Authority
under
class
“A”
,
class
“AA”,
and
special
28
class
“A”
,
and
special
class
“AA”
beer
permits.
29
1.
Any
person
holding
a
class
“A”
or
class
“AA”
beer
permit
30
issued
by
the
division
shall
be
authorized
to
manufacture
31
and
sell,
or
sell
at
wholesale,
beer
for
consumption
off
32
the
premises,
such
sales
within
the
state
to
be
made
only
33
to
persons
holding
subsisting
class
“A”,
“B”,
or
“C”
beer
34
permits,
or
liquor
control
licenses
issued
in
accordance
with
35
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H.F.
_____
the
provisions
of
this
chapter
.
A
class
“A”
,
class
“AA”,
1
or
special
class
“A”
,
or
special
class
“AA”
beer
permit
does
2
not
grant
authority
to
manufacture
wine
as
defined
in
section
3
123.3,
subsection
47
.
4
2.
All
class
“A”
and
class
“AA”
premises
shall
be
located
5
within
the
state.
All
beer
received
by
the
holder
of
a
6
class
“A”
or
class
“AA”
beer
permit
from
the
holder
of
a
7
certificate
of
compliance
before
being
resold
must
first
come
8
to
rest
on
the
licensed
premises
of
the
permit
holder,
must
be
9
inventoried,
and
is
subject
to
the
barrel
tax
when
resold
as
10
provided
in
section
123.136
.
A
class
“A”
or
class
“AA”
beer
11
permittee
shall
not
store
beer
overnight
except
on
premises
12
licensed
under
a
class
“A”
or
class
“AA”
beer
permit.
13
3.
All
special
class
“A”
and
special
class
“AA”
premises
14
shall
be
located
within
the
state.
A
person
who
holds
a
15
special
class
“A”
or
special
class
“AA”
beer
permit
for
the
16
same
location
at
which
the
person
holds
a
class
“C”
liquor
17
control
license
or
class
“B”
beer
permit
may
manufacture
18
and
sell
beer
to
be
consumed
on
the
premises,
may
sell
at
19
retail
at
the
manufacturing
premises
for
consumption
off
the
20
premises
beer
that
is
transferred
at
the
time
of
sale
from
21
the
original
container
to
another
container
that
is
no
larger
22
than
seventy-two
ounces,
may
sell
beer
to
a
class
“A”
or
class
23
“AA”
beer
permittee
for
resale
purposes,
and
may
sell
beer
to
24
distributors
outside
of
the
state
that
are
authorized
by
the
25
laws
of
that
jurisdiction
to
sell
beer
at
wholesale.
26
Sec.
28.
Section
123.131,
Code
2017,
is
amended
to
read
as
27
follows:
28
123.131
Authority
under
class
“B”
beer
permit.
29
1.
Subject
to
the
provisions
of
this
chapter
,
any
person
30
holding
a
class
“B”
beer
permit
shall
be
authorized
to
sell
31
beer
for
consumption
on
or
off
the
premises.
Sales
of
beer
32
for
consumption
off
the
premises
made
pursuant
to
this
section
33
shall
be
made
in
original
containers
except
as
provided
in
34
subsection
2.
However,
unless
otherwise
provided
in
this
35
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chapter
,
no
sale
of
beer
shall
be
made
for
consumption
on
1
the
premises
unless
the
place
where
such
service
is
made
is
2
equipped
with
tables
and
seats
sufficient
to
accommodate
not
3
less
than
twenty-five
persons
at
one
time.
4
2.
Subject
to
the
rules
of
the
division,
sales
of
beer
for
5
consumption
off
the
premises
made
pursuant
to
this
section
may
6
be
made
in
a
container
other
than
the
original
container
only
7
if
all
of
the
following
requirements
are
met:
8
a.
The
beer
is
transferred
from
the
original
container
to
9
the
container
to
be
sold
on
the
licensed
premises
at
the
time
10
of
sale.
11
b.
The
person
transferring
the
beer
from
the
original
12
container
to
the
container
to
be
sold
shall
be
eighteen
years
13
of
age
or
more.
14
c.
The
container
to
be
sold
shall
be
no
larger
than
15
seventy-two
ounces.
16
d.
The
container
to
be
sold
shall
be
securely
sealed
by
a
17
method
authorized
by
the
division
that
is
designed
so
that
if
18
the
sealed
container
is
reopened
or
the
seal
tampered
with,
it
19
is
visibly
apparent
that
the
seal
on
the
container
of
beer
has
20
been
tampered
with
or
the
sealed
container
has
otherwise
been
21
reopened.
22
3.
A
container
of
beer
other
than
the
original
container
23
that
is
sold
and
sealed
in
compliance
with
the
requirements
of
24
subsection
2
and
the
rules
of
the
division
shall
not
be
deemed
25
an
open
container
subject
to
the
requirements
of
sections
26
321.284
and
321.284A
if
the
sealed
container
is
unopened
and
27
the
seal
has
not
been
tampered
with,
and
the
contents
of
the
28
container
have
not
been
partially
removed.
29
4.
A
person
holding
a
class
“B”
beer
permit
and
a
class
“A”
30
beer
permit
whose
primary
purpose
is
manufacturing
beer
may
31
purchase
wine
from
a
wholesaler
holding
a
class
“A”
wine
permit
32
for
sale
at
retail
for
consumption
on
the
premises
covered
by
33
the
class
“B”
beer
permit.
34
Sec.
29.
Section
123.134,
subsection
1,
Code
2017,
is
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_____
H.F.
_____
amended
to
read
as
follows:
1
1.
The
annual
permit
fee
for
a
class
“A”
or
special
class
2
“A”
beer
permit
is
two
seven
hundred
fifty
dollars.
3
Sec.
30.
Section
123.134,
subsection
2,
Code
2017,
is
4
amended
by
striking
the
subsection.
5
Sec.
31.
Section
123.135,
Code
2017,
is
amended
to
read
as
6
follows:
7
123.135
Certificate
of
compliance
——
civil
penalty.
8
1.
A
manufacturer,
brewer,
bottler,
importer,
or
vendor
of
9
beer,
or
any
agent
thereof,
desiring
to
ship
or
sell
beer,
or
10
have
beer
brought
into
this
state
for
resale
by
a
class
“A”
11
or
class
“AA”
beer
permittee,
shall
first
make
application
12
for
and
be
issued
a
brewer’s
certificate
of
compliance
by
the
13
administrator
for
that
purpose.
The
certificate
of
compliance
14
expires
at
the
end
of
one
year
from
the
date
of
issuance
15
and
shall
be
renewed
for
a
like
period
upon
application
to
16
the
administrator
unless
otherwise
revoked
for
cause.
Each
17
application
for
a
certificate
of
compliance
or
renewal
of
a
18
certificate
shall
be
submitted
electronically,
or
in
a
manner
19
prescribed
by
the
administrator,
and
shall
be
accompanied
20
by
a
fee
of
five
hundred
dollars
payable
to
the
division.
21
Each
holder
of
a
certificate
of
compliance
shall
furnish
the
22
information
in
a
manner
the
administrator
requires.
23
2.
At
the
time
of
applying
for
a
certificate
of
compliance,
24
each
applicant
shall
file
with
the
division
a
list
of
all
class
25
“A”
and
class
“AA”
beer
permittees
with
whom
it
intends
to
do
26
business
and
shall
designate
the
geographic
area
in
which
its
27
products
are
to
be
distributed
by
such
permittee.
The
listing
28
of
class
“A”
and
class
“AA”
beer
permittees
and
geographic
area
29
as
filed
with
the
division
may
shall
be
amended
from
time
to
30
time
by
the
holder
of
a
certificate
of
compliance
as
necessary
31
to
keep
the
listing
current
with
the
division
.
32
3.
All
class
“A”
and
class
“AA”
beer
permit
holders
shall
33
sell
only
those
brands
of
beer
which
are
manufactured,
brewed,
34
bottled,
shipped,
or
imported
by
a
person
holding
a
current
35
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certificate
of
compliance.
Any
employee
or
agent
working
for
1
or
representing
the
holder
of
a
certificate
of
compliance
2
within
this
state
shall
submit
electronically,
or
in
a
manner
3
prescribed
by
the
administrator,
the
employee’s
or
agent’s
name
4
and
address
with
the
division.
5
4.
It
shall
be
unlawful
for
any
holder
of
a
certificate
of
6
compliance
or
the
holder’s
agent,
or
any
class
“A”
or
class
7
“AA”
beer
permit
holder
or
the
beer
permit
holder’s
agent,
to
8
grant
to
any
retail
beer
permit
holder,
directly
or
indirectly,
9
any
rebates,
free
goods,
or
quantity
discounts
on
beer
which
10
are
not
uniformly
offered
to
all
retail
permittees.
11
5.
Notwithstanding
any
other
penalties
provided
by
this
12
chapter
,
any
holder
of
a
certificate
of
compliance
or
any
class
13
“A”
or
class
“AA”
beer
permit
holder
who
violates
this
chapter
14
or
the
rules
adopted
pursuant
to
this
chapter
is
subject
to
a
15
civil
penalty
not
to
exceed
one
thousand
dollars
or
suspension
16
of
the
holder’s
certificate
or
permit
for
a
period
not
to
17
exceed
one
year,
or
both
such
civil
penalty
and
suspension.
18
Civil
penalties
imposed
under
this
section
shall
be
collected
19
and
retained
by
the
division.
20
Sec.
32.
Section
123.136,
subsection
1,
Code
2017,
is
21
amended
to
read
as
follows:
22
1.
In
addition
to
the
annual
permit
fee
to
be
paid
by
all
23
class
“A”
and
class
“AA”
beer
permittees
under
this
chapter
24
there
shall
be
levied
and
collected
from
the
permittees
on
all
25
beer
manufactured
for
sale
or
sold
in
this
state
at
wholesale
26
and
on
all
beer
imported
into
this
state
for
sale
at
wholesale
27
and
sold
in
this
state
at
wholesale,
and
from
special
class
“A”
28
and
special
class
“AA”
beer
permittees
on
all
beer
manufactured
29
for
consumption
on
the
premises
and
on
all
beer
sold
at
retail
30
at
the
manufacturing
premises
for
consumption
off
the
premises
31
pursuant
to
section
123.130,
subsection
3
,
a
tax
of
five
and
32
eighty-nine
hundredths
dollars
for
every
barrel
containing
33
thirty-one
gallons,
and
at
a
like
rate
for
any
other
quantity
34
or
for
the
fractional
part
of
a
barrel.
However,
no
tax
shall
35
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_____
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_____
be
levied
or
collected
on
beer
shipped
outside
this
state
by
a
1
class
“A”
or
class
“AA”
beer
permittee
or
sold
by
one
class
“A”
2
or
class
“AA”
beer
permittee
to
another
class
“A”
or
class
“AA”
3
beer
permittee.
4
Sec.
33.
Section
123.137,
subsection
1,
Code
2017,
is
5
amended
to
read
as
follows:
6
1.
A
person
holding
a
class
“A”
,
class
“AA”,
or
special
7
class
“A”
,
or
special
class
“AA”
beer
permit
shall,
on
or
8
before
the
tenth
day
of
each
calendar
month
commencing
on
the
9
tenth
day
of
the
calendar
month
following
the
month
in
which
10
the
person
is
issued
a
beer
permit,
make
a
report
under
oath
11
to
the
division
electronically,
or
in
a
manner
prescribed
by
12
the
administrator,
showing
the
exact
number
of
barrels
of
13
beer,
or
fractional
parts
of
barrels,
sold
by
the
beer
permit
14
holder
during
the
preceding
calendar
month.
The
report
shall
15
also
state
information
the
administrator
requires,
and
beer
16
permit
holders
shall
at
the
time
of
filing
a
report
pay
to
the
17
division
the
amount
of
tax
due
at
the
rate
fixed
in
section
18
123.136
.
19
Sec.
34.
Section
123.138,
subsection
1,
Code
2017,
is
20
amended
to
read
as
follows:
21
1.
Each
class
“A”
,
class
“AA”,
or
special
class
“A”
,
or
22
special
class
“AA”
beer
permittee
shall
keep
proper
records
23
showing
the
amount
of
beer
sold
by
the
permittee,
and
these
24
records
shall
be
at
all
times
open
to
inspection
by
the
25
administrator
and
to
other
persons
pursuant
to
section
123.30,
26
subsection
1
.
Each
class
“B”
beer
permittee,
class
“C”
beer
27
permittee,
or
retail
liquor
control
licensee
shall
keep
proper
28
records
showing
each
purchase
of
beer
made
by
the
permittee
29
or
licensee,
and
the
date
and
the
amount
of
each
purchase
and
30
the
name
of
the
person
from
whom
each
purchase
was
made,
which
31
records
shall
be
open
to
inspection
pursuant
to
section
123.30,
32
subsection
1
,
during
normal
business
hours
of
the
permittee
or
33
licensee.
34
Sec.
35.
Section
123.139,
Code
2017,
is
amended
to
read
as
35
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_____
H.F.
_____
follows:
1
123.139
Separate
locations
——
class
“A”
,
class
“AA”,
or
2
special
class
“A”
,
or
special
class
“AA”
beer
permit.
3
A
class
“A”
,
class
“AA”,
or
special
class
“A”
,
or
special
4
class
“AA”
beer
permittee
having
more
than
one
place
of
5
business
is
required
to
have
a
separate
beer
permit
for
each
6
separate
place
of
business
maintained
by
the
permittee
where
7
beer
is
stored,
warehoused,
or
sold.
8
Sec.
36.
Section
123.142,
Code
2017,
is
amended
to
read
as
9
follows:
10
123.142
Unlawful
sale
and
importation.
11
1.
It
is
unlawful
for
the
holder
of
a
class
“B”
or
class
12
“C”
beer
permit
issued
under
this
chapter
to
sell
beer,
except
13
beer
brewed
on
the
premises
covered
by
a
special
class
“A”
14
or
special
class
“AA”
beer
permit
or
beer
purchased
from
a
15
person
holding
a
class
“A”
or
class
“AA”
beer
permit
issued
in
16
accordance
with
this
chapter
,
and
on
which
the
tax
provided
in
17
section
123.136
has
been
paid.
However,
this
section
does
not
18
apply
to
class
“D”
liquor
control
licensees
as
provided
in
this
19
chapter
.
20
2.
It
shall
be
unlawful
for
any
person
not
holding
a
class
21
“A”
or
class
“AA”
beer
permit
to
import
beer
into
this
state
22
for
the
purpose
of
sale
or
resale.
23
Sec.
37.
Section
123.143,
subsection
3,
Code
2017,
is
24
amended
to
read
as
follows:
25
3.
Barrel
tax
revenues
collected
on
beer
manufactured
in
26
this
state
from
a
class
“A”
or
class
“AA”
beer
permittee
which
27
owns
and
operates
a
brewery
located
in
Iowa
shall
be
credited
28
to
the
barrel
tax
fund
hereby
created
in
the
office
of
the
29
treasurer
of
state.
Moneys
deposited
in
the
barrel
tax
fund
30
shall
not
revert
to
the
general
fund
of
the
state
without
a
31
specific
appropriation
by
the
general
assembly.
Moneys
in
the
32
barrel
tax
fund
are
appropriated
to
the
economic
development
33
authority
for
purposes
of
section
15E.117
.
34
Sec.
38.
Section
123.144,
subsection
1,
Code
2017,
is
35
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S.F.
_____
H.F.
_____
amended
to
read
as
follows:
1
1.
No
person
shall
bottle
beer
within
the
state
of
Iowa,
2
except
class
“A”
,
and
special
class
“A”
,
class
“AA”,
and
3
special
class
“AA”
beer
permittees
who
have
complete
equipment
4
for
bottling
beer
and
who
have
received
the
approval
of
the
5
local
board
of
health
as
to
sanitation.
It
shall
be
the
duty
of
6
local
boards
of
health
to
inspect
the
premises
and
equipment
of
7
class
“A”
,
and
special
class
“A”
,
class
“AA”,
and
special
class
8
“AA”
beer
permittees
who
desire
to
bottle
beer.
9
DIVISION
III
10
NATIVE
DISTILLED
SPIRITS
11
Sec.
39.
Section
123.3,
subsections
28
and
29,
Code
2017,
12
are
amended
to
read
as
follows:
13
28.
“Micro-distilled
“Native
distilled
spirits”
means
14
distilled
spirits
fermented,
distilled,
or,
for
a
period
of
15
two
years,
barrel
matured
on
the
licensed
premises
of
the
16
micro-distillery
native
distillery
where
fermented,
distilled,
17
or
matured.
“Micro-distilled
spirits”
“Native
distilled
spirits”
18
also
includes
blended
or
mixed
spirits
comprised
solely
of
19
spirits
fermented,
distilled,
or,
for
a
period
of
two
years,
20
barrel
matured
at
a
micro-distillery
native
distillery
.
21
29.
“Micro-distillery”
“Native
distillery”
means
a
22
business
with
an
operational
operating
still
which
,
combining
23
all
production
facilities
of
the
business,
produces
and
24
manufactures
less
than
fifty
thousand
proof
gallons
of
native
25
distilled
spirits
on
an
annual
basis
.
26
Sec.
40.
Section
123.30,
subsection
3,
paragraph
c,
Code
27
2017,
is
amended
by
adding
the
following
new
subparagraph:
28
NEW
SUBPARAGRAPH
.
(3)
A
class
“C”
native
distilled
spirits
29
license
may
be
issued
to
a
native
distillery
but
shall
be
30
issued
in
the
name
of
the
individuals
who
actually
own
the
31
business.
The
license
shall
authorize
the
holder
to
sell
32
native
distilled
spirits
manufactured
on
the
premises
of
the
33
native
distillery
to
patrons
by
the
individual
drink
for
34
consumption
on
the
premises.
All
native
distilled
spirits
sold
35
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_____
H.F.
_____
by
a
native
distillery
for
on-premises
consumption
shall
be
1
purchased
from
a
class
“E”
liquor
control
licensee.
2
Sec.
41.
Section
123.32,
subsection
1,
Code
2017,
is
amended
3
to
read
as
follows:
4
1.
Filing
of
application.
An
application
for
a
class
“A”,
5
class
“B”,
class
“C”,
or
class
“E”
liquor
control
license,
for
6
a
class
“A”
micro-distilled
spirits
permit,
for
a
retail
beer
7
permit
as
provided
in
sections
123.128
and
123.129
,
or
for
a
8
class
“B”,
class
“B”
native,
or
class
“C”
native
retail
wine
9
permit
as
provided
in
section
123.178
,
123.178A
,
or
123.178B
,
10
accompanied
by
the
necessary
fee
and
bond,
if
required,
shall
11
be
filed
with
the
appropriate
city
council
if
the
premises
for
12
which
the
license
or
permit
is
sought
are
located
within
the
13
corporate
limits
of
a
city,
or
with
the
board
of
supervisors
14
if
the
premises
for
which
the
license
or
permit
is
sought
are
15
located
outside
the
corporate
limits
of
a
city.
An
application
16
for
a
class
“D”
liquor
control
license
and
for
a
class
“A”
17
beer
or
class
“A”
wine
permit,
accompanied
by
the
necessary
18
fee
and
bond,
if
required,
shall
be
submitted
to
the
division
19
electronically,
or
in
a
manner
prescribed
by
the
administrator,
20
which
shall
proceed
in
the
same
manner
as
in
the
case
of
an
21
application
approved
by
local
authorities.
22
Sec.
42.
Section
123.36,
Code
2017,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
3A.
Class
“C”
native
distilled
spirits
25
license,
the
sum
of
one
thousand
dollars.
26
Sec.
43.
Section
123.36,
subsection
5,
Code
2017,
is
amended
27
to
read
as
follows:
28
5.
Any
club,
hotel,
motel,
native
distillery,
or
commercial
29
establishment
holding
a
liquor
control
license,
subject
to
30
section
123.49,
subsection
2
,
paragraph
“b”
,
may
apply
for
and
31
receive
permission
to
sell
and
dispense
alcoholic
liquor
and
32
wine
to
patrons
on
Sunday
for
consumption
on
the
premises
only,
33
and
beer
for
consumption
on
or
off
the
premises
between
the
34
hours
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
on
the
following
35
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_____
H.F.
_____
Monday.
A
class
“D”
liquor
control
licensee
may
apply
for
and
1
receive
permission
to
sell
and
dispense
alcoholic
beverages
to
2
patrons
for
consumption
on
the
premises
only
between
the
hours
3
of
8:00
a.m.
on
Sunday
and
2:00
a.m.
on
the
following
Monday.
4
For
the
privilege
of
selling
beer,
wine,
and
alcoholic
liquor
5
on
the
premises
on
Sunday
the
liquor
control
license
fee
of
the
6
applicant
shall
be
increased
by
twenty
percent
of
the
regular
7
fee
prescribed
for
the
license
pursuant
to
this
section
,
and
8
the
privilege
shall
be
noted
on
the
liquor
control
license.
9
Sec.
44.
Section
123.43A,
Code
2017,
is
amended
to
read
as
10
follows:
11
123.43A
Micro-distilled
spirits
——
permit
Native
12
distilleries
.
13
1.
Subject
to
rules
of
the
division,
a
micro-distillery
14
native
distillery
holding
a
class
“A”
micro-distilled
spirits
15
permit
pursuant
to
this
section
manufacturer’s
license
16
issued
pursuant
to
section
123.41
may
sell
or
offer
for
sale
17
micro-distilled
native
distilled
spirits.
As
provided
in
this
18
section
,
sales
of
native
distilled
spirits
manufactured
on
the
19
premises
may
be
made
at
retail
for
off-premises
consumption
20
when
sold
on
the
premises
of
the
micro-distillery
native
21
distillery
that
manufactures
micro-distilled
the
native
22
distilled
spirits.
All
sales
shall
be
made
through
the
state’s
23
wholesale
distribution
system.
24
2.
A
micro-distillery
native
distillery
shall
not
sell
25
more
than
one
and
one-half
nine
liters
per
person
per
day,
26
of
micro-distilled
native
distilled
spirits
on
the
premises
27
of
the
micro-distillery
native
distillery
.
In
addition,
a
28
micro-distillery
A
native
distillery
shall
not
directly
ship
29
micro-distilled
native
distilled
spirits
for
sale
at
retail.
30
The
micro-distillery
native
distillery
shall
maintain
records
31
of
individual
purchases
of
micro-distilled
native
distilled
32
spirits
at
the
micro-distillery
native
distillery
for
three
33
years.
34
3.
A
micro-distillery
native
distillery
shall
not
sell
35
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_____
H.F.
_____
micro-distilled
native
distilled
spirits
other
than
as
1
permitted
in
this
chapter
and
shall
not
allow
micro-distilled
2
native
distilled
spirits
sold
for
consumption
off
the
premises
3
to
be
consumed
upon
the
premises
of
the
micro-distillery
native
4
distillery
.
However,
as
a
part
of
a
micro-distillery
native
5
distillery
tour,
micro-distilled
native
distilled
spirits
may
6
be
tasted
pursuant
to
the
rules
of
the
division
on
the
premises
7
where
fermented,
distilled,
or
matured,
when
no
charge
is
made
8
for
the
tasting.
9
4.
A
class
“A”
micro-distilled
spirits
permit
for
a
10
micro-distillery
shall
be
issued
and
renewed
annually
upon
11
payment
of
a
fee
of
five
hundred
dollars.
12
5.
The
sale
of
micro-distilled
native
distilled
spirits
to
13
the
division
for
wholesale
disposition
and
sale
by
the
division
14
shall
be
subject
to
the
requirements
of
this
chapter
regarding
15
such
disposition
and
sale.
16
6.
5.
The
division
shall
issue
no
more
than
three
permits
17
under
this
section
manufacturer’s
licenses
to
a
person
18
native
distillery
.
In
addition,
a
micro-distillery
native
19
distillery
issued
a
permit
manufacturer’s
license
under
this
20
section
123.41
shall
file
with
the
division
,
on
or
before
the
21
fifteenth
day
of
each
calendar
month,
all
documents
filed
by
22
the
micro-distillery
native
distillery
with
the
alcohol
and
23
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
24
the
treasury,
including
all
production,
storage,
and
processing
25
reports.
26
7.
Micro-distilled
spirits
purchased
at
a
micro-distillery
27
shall
not
be
consumed
on
any
property
owned,
operated,
or
28
controlled
by
a
micro-distillery.
29
6.
Notwithstanding
any
provision
of
this
chapter
to
30
the
contrary
or
the
fact
that
a
person
is
the
holder
of
a
31
manufacturer’s
license,
a
native
distillery
may
sell
those
32
native
distilled
spirits
manufactured
on
the
premises
of
the
33
native
distillery
for
consumption
on
the
premises
by
applying
34
for
a
class
“C”
native
distilled
spirits
license
as
provided
35
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_____
H.F.
_____
in
section
123.30.
A
native
distillery
may
be
granted
not
1
more
than
one
class
“C”
native
distilled
spirits
license.
2
All
native
distilled
spirits
sold
by
a
native
distillery
for
3
on-premises
consumption
shall
be
purchased
from
a
class
“E”
4
liquor
control
licensee.
5
Sec.
45.
Section
123.173A,
subsections
4
and
7,
Code
2017,
6
are
amended
to
read
as
follows:
7
4.
The
authorized
nonprofit
entity
conducting
the
charity
8
beer,
spirits,
and
wine
auction
shall
obtain
the
beer,
spirits,
9
and
wine
to
be
auctioned
at
the
charity
beer,
spirits,
and
wine
10
auction
from
an
Iowa
retail
beer
permittee,
an
Iowa
retail
11
liquor
control
licensee,
or
an
Iowa
retail
wine
permittee,
or
12
may
receive
donations
of
beer,
spirits,
or
wine
to
be
auctioned
13
at
the
charity
beer,
spirits,
and
wine
auction
from
persons
14
who
purchased
the
donated
beer,
spirits,
or
wine
from
an
Iowa
15
retail
beer
permittee,
an
Iowa
retail
liquor
control
licensee,
16
an
Iowa
micro-distilled
spirits
permittee
native
distillery
,
17
or
an
Iowa
retail
wine
permittee
and
who
present
a
receipt
18
documenting
the
purchase
at
the
time
the
beer,
spirits,
or
wine
19
is
donated.
The
authorized
nonprofit
entity
conducting
the
20
charity
beer,
spirits,
and
wine
auction
shall
retain
a
copy
21
of
the
receipt
for
a
period
of
one
year
from
the
date
of
the
22
charity
beer,
spirits,
and
wine
auction.
23
7.
A
liquor
control
licensee,
beer
permittee,
24
micro-distilled
spirits
permittee
native
distillery
,
or
wine
25
permittee
shall
not
purchase
beer,
spirits,
or
wine
at
a
26
charity
beer,
spirits,
and
wine
auction.
The
charity
beer,
27
spirits,
and
wine
auction
may
be
conducted
on
a
premises
for
28
which
a
class
“B”
liquor
control
license
or
class
“C”
liquor
29
control
license
has
been
issued,
provided
that
the
liquor
30
control
licensee
does
not
participate
in
the
charity
beer,
31
spirits,
and
wine
auction,
supply
beer,
spirits,
or
wine
to
be
32
auctioned
at
the
charity
beer,
spirits,
and
wine
auction,
or
33
receive
any
of
the
proceeds
of
the
charity
beer,
spirits,
and
34
wine
auction.
35
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H.F.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
concerns
alcoholic
beverage
control
and
matters
4
under
the
purview
of
the
alcoholic
beverages
division
of
the
5
department
of
commerce.
6
DIVISION
I
——
ALCOHOLIC
BEVERAGE
CONTROL.
Code
section
7
123.3,
providing
definitions,
is
amended.
The
bill
adds
a
8
definition
for
“original
container”,
which
means
a
vessel
9
containing
an
alcoholic
beverage
that
bears
a
federally
10
approved
label
and
is
appropriately
sealed
at
the
location
11
of
manufacture.
In
addition,
the
definition
of
“licensed
12
premises”
is
amended
to
include
noncontiguous
areas
or
places
13
susceptible
of
a
precise
description.
14
Code
section
123.22
is
amended
to
allow
individuals
to
15
manufacture,
sell,
or
transport
ingredients
and
devices
used
to
16
make
homemade
beer.
Current
law
allows
this
for
homemade
wine.
17
Code
section
123.23,
concerning
a
distiller’s
certificate
of
18
compliance,
is
amended
to
delete
a
reference
that
a
listing
of
19
authorized
agents
of
the
certificate
holder
be
amended
“from
20
time
to
time”.
The
bill
does
not
eliminate
the
requirement
21
that
the
listing
be
amended
as
necessary.
22
Code
section
123.28,
concerning
restrictions
on
23
transportation,
is
amended
by
dividing
the
section
into
24
numbered
subsections.
25
Code
section
123.30,
concerning
liquor
control
licenses,
26
is
amended
by
removing
cash
payment
as
a
type
of
payment
27
for
purchasing
alcoholic
liquor
from
the
alcoholic
beverages
28
division.
The
bill
retains
language
in
current
law
that
29
requires
payment
by
other
means
that
ensure
the
division
30
receives
full
payment
in
advance
of
delivery
of
alcoholic
31
liquor.
32
Code
section
123.31,
concerning
application
contents
for
33
a
liquor
control
license,
is
amended
by
striking
provisions
34
requiring
the
applicant
to
set
forth
whether
the
applicant
35
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_____
H.F.
_____
possesses
a
federal
gambling
stamp
and
whether,
if
required,
1
all
designated
security
employees
have
received
security
2
employee
training
and
certification
as
required
by
Code
section
3
123.32.
4
Code
section
123.32
is
amended
to
provide
that
if
an
5
application
for
a
liquor
control
license
or
other
permit
is
6
disapproved
by
the
administrator
of
the
alcoholic
beverages
7
division,
the
appropriate
local
authority
shall
be
notified
8
electronically,
or
in
a
manner
prescribed
by
the
administrator,
9
instead
of
by
certified
mail.
The
applicant
is
still
required
10
to
be
notified
of
the
disapproval
by
certified
mail.
11
Code
section
123.33,
concerning
records
required
to
be
12
maintained
by
a
licensee
or
permittee,
is
amended
to
describe
13
the
types
of
records
to
be
maintained,
which
shall
include
14
income
statements,
balance
sheets,
and
purchase
and
sale
15
invoices
and
ledgers.
16
Code
section
123.34,
concerning
seasonal
licenses,
is
17
amended
to
provide
that
an
applicant
may
apply
for
a
new
18
seasonal
permit
or
license
at
the
same
location
after
two
19
months.
20
Code
section
123.49
is
amended
to
consolidate
the
rules
21
governing
Sunday
sales
of
alcoholic
liquor,
wine,
or
beer
22
within
subsection
2,
paragraph
“b”,
of
that
section.
23
Code
section
123.51,
concerning
allowable
signs
and
branded
24
advertising
of
a
licensee
authorized
to
sell
liquor,
wine,
25
or
beer
at
retail,
is
amended
to
provide
that
signs
or
other
26
advertising
matter
may
be
erected
inside
the
premises
and
27
inside
a
window
facing
outward
from
the
premises.
28
Code
section
123.175,
concerning
class
“A”
or
retail
29
wine
permit
applications,
is
stricken
and
rewritten
by
the
30
bill.
The
bill
provides
specifically
for
the
contents
of
31
the
application
to
be
submitted
to
the
administrator
of
the
32
alcoholic
beverages
division
and
what
the
applicant
must
33
establish
before
the
administrator
issues
a
permit.
In
34
addition
to
requirements
currently
provided
in
Code
section
35
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_____
H.F.
_____
123.175,
the
bill
provides
that
an
applicant
that
is
a
1
corporation
shall
list
all
officers
and
persons
with
a
certain
2
financial
interest
in
the
corporation
in
the
application.
The
3
bill
also
requires
an
applicant
to
state
in
the
application
4
whether
certain
persons
required
to
be
listed
in
the
5
application
have
been
convicted
of
any
offense
and,
if
required
6
by
the
administrator
of
the
division,
to
include
in
the
7
application
a
sketch
or
drawing
of
the
premises.
Code
section
8
123.187
is
amended
to
reflect
the
rewritten
Code
section.
9
Code
section
123.178B,
concerning
class
“C”
native
wine
10
permits,
is
amended
to
specify
that
a
permittee
authorized
to
11
purchase
beer
for
sale
at
retail
may
sell
it
for
consumption
12
on
or
off
the
premises
covered
by
the
class
“C”
native
wine
13
permit.
14
Code
section
123.180,
concerning
a
vintner’s
certificate
of
15
compliance,
is
amended
to
provide
that
the
listing
of
class
“A”
16
wine
permittees
the
applicant
intends
to
do
business
with
that
17
is
filed
with
the
alcoholic
beverages
division
shall
be
amended
18
as
necessary
to
keep
the
listing
current.
19
Code
section
123.183
is
amended
to
provide
that
the
20
gallonage
tax
on
wine
is
collected
when
the
wine
is
sold
at
21
wholesale.
22
DIVISION
II
——
BEER
PERMITS.
This
division
eliminates
23
class
“AA”
and
special
class
“AA”
beer
permits
and
makes
other
24
changes
relative
to
beer
permits.
25
Code
section
123.124,
concerning
beer
permit
classes,
is
26
rewritten
to
reflect
the
elimination
of
class
“AA”
and
special
27
class
“AA”
beer
permits.
The
Code
section
is
also
amended
to
28
refer
to
the
Code
sections
that
describe
the
authority
for
each
29
beer
permit
class.
30
Code
section
123.127,
concerning
class
“A”
or
class
“AA”
31
and
special
class
“A”
or
special
class
“AA”
beer
permits,
is
32
stricken
and
rewritten
by
the
bill.
The
bill
eliminates
the
33
class
“AA”
and
special
class
“AA”
beer
permits
and
provides
34
specifically
for
the
contents
of
the
application
to
be
35
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S.F.
_____
H.F.
_____
submitted
to
the
administrator
of
the
alcoholic
beverages
1
division
and
what
the
applicant
must
establish
before
the
2
administrator
issues
a
permit.
The
bill
also
increases
from
3
$5,000
to
$10,000
the
amount
of
the
bond
an
applicant
must
4
submit
to
the
administrator.
5
In
addition
to
requirements
currently
provided
in
Code
6
section
123.127,
the
bill
provides
that
an
applicant
that
is
a
7
corporation
shall
list
all
officers
and
persons
with
a
certain
8
financial
interest
in
the
corporation
in
the
application.
The
9
bill
also
requires
an
applicant
to
state
in
the
application
10
whether
certain
persons
required
to
be
listed
in
the
11
application
have
been
convicted
of
any
offense
and,
if
required
12
by
the
administrator
of
the
division,
to
include
in
the
13
application
a
sketch
or
drawing
of
the
premises.
Code
sections
14
123.128
and
123.129,
concerning
class
“B”
and
class
“C”
beer
15
permits,
are
amended
to
reflect
the
rewritten
Code
section.
16
Code
section
123.130,
is
amended
to
eliminate
class
“AA”
17
and
special
class
“AA”
beer
permits
and
provides
that
certain
18
special
class
“A”
beer
permittees
may
sell
at
retail
at
the
19
manufacturing
premises
for
consumption
off
the
premises
beer
20
that
is
transferred
at
the
time
of
sale
from
the
original
21
container
to
another
container
that
is
no
larger
than
72
22
ounces.
23
Code
section
123.131,
concerning
authority
under
a
class
“B”
24
beer
permit,
is
amended
to
allow
a
class
“B”
beer
permittee
25
whose
primary
purpose
is
manufacturing
beer
that
also
holds
26
a
class
“A”
beer
permit
to
purchase
wine
from
a
wholesaler
27
for
sale
at
retail
or
consumption
on
the
premises
covered
by
28
the
class
“B”
beer
permit.
In
addition,
the
Code
section
29
is
amended
to
provide
that
sales
of
beer
for
consumption
30
off
the
premises
may
be
made
in
a
container
other
than
the
31
original
container
that
is
no
larger
than
72
ounces
under
32
certain
circumstances
and
shall
be
deemed
an
open
container
for
33
purposes
of
Code
sections
321.284
and
321.284A.
34
Code
section
123.134,
concerning
beer
permit
fees,
is
35
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H.F.
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amended
to
increase
the
annual
fee
for
a
class
“A”
or
special
1
class
“A”
beer
permit
from
$250
to
$750.
2
Code
section
123.135,
concerning
a
certificate
of
compliance
3
concerning
beer,
is
amended
to
provide
that
the
listing
of
4
class
“A”
permittees
and
geographic
area
as
filed
with
the
5
alcoholic
beverages
division
shall
be
amended
as
necessary
to
6
keep
the
listing
current.
7
Code
section
123.136,
concerning
the
barrel
tax
on
beer,
8
is
amended
to
provide
that
the
tax
applies
to
all
beer
9
sold
at
retail
by
a
special
class
“A”
beer
permittee
at
the
10
manufacturing
premises
for
consumption
off
the
premises.
11
DIVISION
III
——
NATIVE
DISTILLED
SPIRITS.
Code
section
12
123.3,
providing
definitions,
is
amended
to
change
the
terms
13
“micro-distilled
spirits”
and
“micro-distillery”
to
“native
14
distilled
spirits”
and
“native
distillery”.
In
addition,
the
15
bill
eliminates
the
requirement
that
a
native
distillery
has
to
16
produce
and
manufacture
less
than
50
proof
gallons
of
distilled
17
spirits
annually.
Corresponding
changes
in
Code
chapter
123
18
are
made
to
reflect
the
changed
definitions.
19
Code
section
123.30,
concerning
liquor
control
licenses,
20
is
amended
to
provide
for
the
issuance
of
a
class
“C”
native
21
distilled
spirits
license
which
authorizes
the
holder
to
sell
22
native
distilled
spirits
manufactured
on
the
premises
for
23
consumption
on
the
premises.
24
Code
section
123.32,
concerning
applications
for
certain
25
licenses,
is
amended
to
eliminate
the
application
for
a
class
26
“A”
micro-distilled
spirits
permit.
27
Code
section
123.36,
concerning
liquor
fees,
is
amended
to
28
provide
that
the
annual
fee
for
a
class
“C”
native
distilled
29
spirits
license
is
$1,000.
The
Code
section
is
also
amended
to
30
allow
a
native
distillery
the
ability
to
make
certain
sales
of
31
alcoholic
liquor,
wine,
and
beer
on
Sundays
in
the
same
manner
32
as
a
club,
hotel,
motel,
or
other
commercial
establishment.
33
Code
section
123.43A,
concerning
micro-distilled
spirits,
is
34
amended
to
reflect
the
change
of
the
term
to
native
distilled
35
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spirits
and
the
elimination
of
the
class
“A”
micro-distilled
1
spirits
permit.
The
Code
section
requires
the
native
2
distillery
to
obtain
a
manufacturer’s
license
and
limits
3
the
number
of
manufacturer’s
licenses
to
three
for
a
native
4
distillery.
The
Code
section
is
also
amended
to
allow
for
5
sales
of
nine,
instead
of
one
and
one-half,
liters
of
native
6
distilled
spirits
per
person
per
day.
The
Code
section
also
7
allows
a
native
distillery
to
sell
native
distilled
spirits
8
manufactured
on
the
premises
for
consumption
on
the
premises
by
9
applying
for
a
class
“C”
native
distilled
spirits
license.
A
10
native
distillery
may
be
granted
not
more
than
one
class
“C”
11
native
distilled
spirits
license.
12
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