Bill Text: IA SSB3053 | 2021-2022 | 89th 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 and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-10 - Subcommittee recommends passage. [SSB3053 Detail]
Download: Iowa-2021-SSB3053-Introduced.html
Senate
Study
Bill
3053
-
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
1
under
the
purview
of
the
alcoholic
beverages
division
of
2
the
department
of
commerce
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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H.F.
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DIVISION
I
1
ALCOHOLIC
BEVERAGE
CONTROL
2
Section
1.
Section
123.46A,
subsection
3,
paragraph
f,
Code
3
2022,
is
amended
to
read
as
follows:
4
f.
Deliveries
shall
occur
between
6:00
a.m.
and
10:00
p.m.
5
Monday
through
Sunday
on
the
same
day
the
order
for
alcoholic
6
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
is
removed
7
from
the
licensed
premises
.
8
Sec.
2.
Section
123.50,
subsection
1,
Code
2022,
is
amended
9
to
read
as
follows:
10
1.
Any
person
who
violates
any
of
the
provisions
of
section
11
123.49
,
except
section
123.49,
subsection
2
,
paragraph
“h”
,
12
or
who
fails
to
affix
upon
sale,
defaces,
or
fails
to
record
13
a
keg
identification
sticker
label
or
produce
a
record
of
keg
14
identification
stickers
labels
pursuant
to
section
123.138
,
15
shall
be
guilty
of
a
simple
misdemeanor.
A
person
who
violates
16
section
123.49,
subsection
2
,
paragraph
“h”
,
commits
a
simple
17
misdemeanor
punishable
as
a
scheduled
violation
under
section
18
805.8C,
subsection
2
.
19
Sec.
3.
Section
123.138,
subsection
2,
paragraphs
a
and
b,
20
Code
2022,
are
amended
to
read
as
follows:
21
a.
Each
class
“B”,
“C”,
or
special
class
“C”
liquor
control
22
licensee
and
class
“B”
or
“C”
beer
permittee
who
sells
beer
23
for
off-premises
consumption
shall
affix
to
each
keg
of
beer
24
an
identification
sticker
label
provided
by
the
administrator.
25
The
sticker
label
provided
shall
allow
for
its
full
removal
26
when
common
external
keg
cleaning
procedures
are
performed.
27
For
the
purposes
of
this
subsection
,
“keg”
means
all
durable
and
28
disposable
containers
with
a
liquid
capacity
of
five
gallons
or
29
more.
Each
class
“B”,
“C”,
or
special
class
“C”
liquor
control
30
licensee
and
class
“B”
or
“C”
beer
permittee
shall
also
keep
31
a
record
of
the
identification
sticker
label
number
of
each
32
keg
of
beer
sold
by
the
licensee
or
permittee
with
the
name
33
and
address
of
the
purchaser
and
the
number
of
the
purchaser’s
34
driver’s
license,
nonoperator’s
identification
card,
or
35
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military
identification
card,
if
the
military
identification
1
card
contains
a
picture
and
signature.
This
information
shall
2
be
retained
by
the
licensee
or
permittee
for
a
minimum
of
3
ninety
days.
The
records
kept
pursuant
to
this
subsection
4
shall
be
available
for
inspection
by
any
law
enforcement
5
officer
during
normal
business
hours.
6
b.
(1)
The
division
shall
provide
the
keg
identification
7
stickers
labels
described
in
paragraph
“a”
and
shall,
prior
to
8
utilizing
a
sticker
label
,
notify
licensed
brewers
and
licensed
9
beer
importers
of
the
type
of
sticker
label
to
be
utilized.
10
Each
sticker
label
shall
contain
a
number
and
the
following
11
statement:
12
It
is
unlawful
to
sell,
give,
or
otherwise
supply
any
13
alcoholic
beverage,
wine,
or
beer
to
any
person
under
legal
14
age.
Any
person
who
defaces
this
sticker
label
shall
be
guilty
15
of
criminal
mischief
punishable
pursuant
to
section
716.6
and
16
shall
cause
the
forfeiture
of
any
deposit,
if
applicable
.
17
(2)
The
identification
sticker
label
shall
be
placed
on
18
the
keg
at
the
time
of
retail
sale.
The
licensee
or
permittee
19
shall
purchase
obtain
the
stickers
labels
referred
to
in
this
20
subsection
from
the
division
and
shall
remit
to
the
division
21
deposits
forfeited
pursuant
to
this
lettered
paragraph
due
to
22
defacement
.
The
cost
of
the
stickers
labels
to
licensees
and
23
permittees
shall
not
exceed
the
division’s
cost
of
producing
24
and
distributing
the
stickers
labels
.
The
moneys
collected
by
25
the
division
relating
to
the
sale
of
stickers
and
forfeited
26
deposits
labels
shall
be
credited
to
the
beer
and
liquor
27
control
fund.
28
Sec.
4.
Section
123.138,
subsection
2,
paragraph
d,
Code
29
2022,
is
amended
by
striking
the
paragraph.
30
Sec.
5.
Section
123.187,
subsection
2,
paragraph
d,
Code
31
2022,
is
amended
by
striking
the
paragraph.
32
DIVISION
II
33
AUTOMATIC
RENEWALS
34
Sec.
6.
Section
123.34,
subsection
1,
Code
2022,
is
amended
35
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by
striking
the
subsection.
1
Sec.
7.
NEW
SECTION
.
123.35
Expiration
of
licenses,
2
permits,
and
certificates
of
compliance
——
automatic
renewals.
3
1.
Except
as
otherwise
provided
by
this
chapter,
all
4
licenses,
permits,
and
certificates
of
compliance,
unless
5
sooner
suspended
or
revoked,
expire
one
year
from
date
of
6
issuance.
7
2.
Notwithstanding
section
123.31
and
any
other
provision
8
of
this
chapter
to
the
contrary,
a
class
“E”
liquor
control
9
license
shall
automatically
renew
without
the
endorsement
10
of
a
local
authority
or
approval
by
the
administrator
upon
11
collection
of
the
annual
fee
by
the
division,
provided
all
of
12
the
following
conditions
are
met
since
the
preceding
license
13
was
issued:
14
a.
The
permittee
has
given
written
consent
to
the
division
15
to
have
the
permit
automatically
renewed
as
provided
in
this
16
section.
17
b.
The
license
has
not
been
suspended
or
revoked.
18
c.
A
civil
penalty
has
not
been
imposed
against
the
19
licensee.
20
d.
An
administrative
proceeding
is
not
pending
against
the
21
licensee
to
suspend
or
revoke
the
license
or
to
impose
a
civil
22
penalty
under
this
chapter.
23
e.
The
licensee
has
not
submitted
payment
for
alcoholic
24
liquor
to
the
division
that
was
subsequently
dishonored.
25
f.
The
licensee
and
all
persons
associated
with
the
licensee
26
as
described
in
section
123.3,
subsection
40,
paragraph
“e”
,
27
have
not
been
convicted
of
a
violation
of
this
chapter.
28
g.
The
licensed
premises
constitutes
a
safe
and
proper
place
29
or
building
and
conforms
with
all
applicable
federal,
state,
30
and
local
laws,
orders,
ordinances,
rules,
resolutions,
and
31
health
and
fire
regulations.
32
3.
Notwithstanding
sections
123.23,
123.135,
123.180,
33
and
any
other
provision
of
this
chapter
to
the
contrary,
a
34
distiller’s,
brewer’s,
or
vintner’s
certificate
of
compliance
35
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shall
automatically
renew
without
approval
by
the
administrator
1
upon
collection
of
the
annual
fee
by
the
division,
provided
2
all
of
the
following
conditions
are
met
since
the
preceding
3
certificate
was
issued:
4
a.
The
certificate
holder
has
given
written
consent
to
5
the
division
to
have
the
certificate
automatically
renewed
as
6
provided
in
this
section.
7
b.
The
certificate
has
not
been
suspended
or
revoked.
8
c.
A
civil
penalty
has
not
been
imposed
against
the
9
certificate
holder.
10
d.
An
administrative
proceeding
is
not
pending
against
the
11
certificate
holder
to
suspend
or
revoke
the
certificate
or
to
12
impose
a
civil
penalty
under
this
chapter.
13
e.
The
certificate
holder
and
all
persons
associated
14
with
the
certificate
holder
as
described
in
section
123.3,
15
subsection
40,
paragraph
“e”
,
have
not
been
convicted
of
a
16
violation
of
this
chapter.
17
4.
Notwithstanding
section
123.187
and
any
other
provision
18
of
this
chapter
to
the
contrary,
a
wine
direct
shipper’s
permit
19
shall
automatically
renew
without
approval
by
the
administrator
20
upon
collection
of
the
annual
fee
by
the
division,
provided
all
21
of
the
following
conditions
are
met
since
the
preceding
permit
22
was
issued:
23
a.
The
permittee
has
given
written
consent
to
the
division
24
to
have
the
permit
automatically
renewed
as
provided
in
this
25
section.
26
b.
The
permit
has
not
been
suspended
or
revoked.
27
c.
A
civil
penalty
has
not
been
imposed
against
the
28
permittee.
29
d.
An
administrative
proceeding
is
not
pending
against
the
30
permittee
to
suspend
or
revoke
the
permit
or
to
impose
a
civil
31
penalty
under
this
chapter.
32
e.
The
permittee
has
filed
all
required
reports
and
remitted
33
all
wine
gallonage
tax
owed
pursuant
to
section
123.183.
34
f.
The
permittee
and
all
persons
associated
with
the
35
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permittee
as
described
in
section
123.3,
subsection
40,
1
paragraph
“e”
,
have
not
been
convicted
of
a
violation
of
this
2
chapter.
3
Sec.
8.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
4
effect
January
1,
2023.
5
DIVISION
III
6
ALCOHOLIC
BEVERAGE
CONTROL
REVENUES
7
Sec.
9.
Section
123.17,
subsection
5,
Code
2022,
is
amended
8
to
read
as
follows:
9
5.
a.
After
any
transfer
provided
for
in
subsection
3
is
10
made,
the
department
of
commerce
shall
transfer
into
a
special
11
revenue
account
in
the
general
fund
of
the
state,
a
sum
of
12
money
at
least
equal
to
seven
percent
of
the
gross
amount
of
13
sales
made
by
the
division
from
the
beer
and
liquor
control
14
fund
on
a
monthly
basis
but
not
less
than
nine
million
dollars
15
annually.
16
b.
Of
the
amounts
transferred,
two
million
dollars,
plus
an
17
additional
amount
determined
by
the
general
assembly,
shall
be
18
appropriated
to
the
Iowa
department
of
public
health
for
use
19
by
the
staff
who
administer
the
comprehensive
substance
abuse
20
program
under
chapter
125
for
substance
abuse
treatment
and
21
prevention
programs.
22
c.
In
addition,
of
the
amounts
transferred,
one
million
23
dollars,
plus
an
additional
amount
determined
by
the
general
24
assembly,
shall
be
appropriated
to
the
Iowa
department
of
25
public
health
for
distribution
pursuant
to
section
125.59.
26
d.
Any
amounts
received
in
excess
of
the
amounts
27
appropriated
to
the
Iowa
department
of
public
health
for
use
28
by
the
staff
who
administer
the
comprehensive
substance
abuse
29
program
under
chapter
125
pursuant
to
this
subsection
shall
be
30
considered
part
of
the
general
fund
balance.
31
Sec.
10.
Section
123.143,
subsection
1,
Code
2022,
is
32
amended
by
striking
the
subsection.
33
Sec.
11.
Section
123.143,
subsection
2,
Code
2022,
is
34
amended
to
read
as
follows:
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2.
All
permit
fees
collected
by
the
division
under
this
1
subchapter
shall
accrue
to
the
beer
and
liquor
control
fund,
2
except
as
otherwise
provided.
All
permit
fees
and
taxes
3
collected
by
the
division
under
this
subchapter
shall
accrue
to
4
the
state
general
fund,
except
as
otherwise
provided.
5
Sec.
12.
Section
123.143,
Code
2022,
is
amended
by
adding
6
the
following
new
subsection:
7
NEW
SUBSECTION
.
2A.
All
retail
beer
permit
fees
collected
8
by
the
division
shall
be
credited
to
the
beer
and
liquor
9
control
fund.
The
division
shall
remit
to
the
appropriate
10
local
authority
a
sum
of
money
equal
to
the
total
amount
of
the
11
fees
collected
for
each
retail
beer
permit
covering
premises
12
located
within
the
local
authority’s
jurisdiction.
13
Sec.
13.
Section
125.59,
unnumbered
paragraph
1,
Code
2022,
14
is
amended
to
read
as
follows:
15
The
treasurer
of
state,
on
each
July
1
for
that
fiscal
16
year,
shall
transfer
the
estimated
amounts
to
be
received
17
from
section
123.36,
subsection
8
and
section
123.143,
18
subsection
1
section
123.17,
subsection
5,
paragraph
“c”
,
to
the
19
department.
20
Sec.
14.
REPEAL.
Section
123.97,
Code
2022,
is
repealed.
21
Sec.
15.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
22
effect
January
1,
2023.
23
DIVISION
IV
24
CLASS
“E”
LIQUOR
CONTROL
LICENSES
25
Sec.
16.
Section
123.30,
subsection
3,
paragraph
e,
26
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
27
(1)
A
class
“E”
liquor
control
license
may
be
issued
and
28
shall
authorize
the
holder
to
purchase
alcoholic
liquor
in
29
original
unopened
containers
from
the
division
only
,
wine
30
from
a
class
“A”
wine
permittee
only,
and
high
alcoholic
31
content
beer
from
a
class
“A”
beer
permittee
only
;
and
to
sell
32
the
alcoholic
liquor
,
wine,
and
beer
in
original
unopened
33
containers
and
high
alcoholic
content
beer
at
retail
to
34
patrons
for
consumption
off
the
licensed
premises
;
and
to
35
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sell
alcoholic
liquor
and
high
alcoholic
content
beer
at
1
wholesale
to
other
liquor
control
licensees,
provided
the
2
holder
has
filed
with
the
division
a
basic
permit
issued
by
the
3
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
4
department
of
the
treasury.
A
holder
of
a
class
“E”
liquor
5
control
license
may
hold
other
retail
liquor
control
licenses
6
or
retail
wine
or
beer
permits,
but
the
premises
licensed
under
7
a
class
“E”
liquor
control
license
shall
be
separate
from
other
8
licensed
premises,
though
the
separate
premises
may
have
a
9
common
entrance.
However,
the
holder
of
a
class
“E”
liquor
10
control
license
may
also
hold
a
class
“B”
wine
or
class
“C”
11
beer
permit
or
both
for
the
premises
licensed
under
a
class
“E”
12
liquor
control
license.
13
Sec.
17.
Section
123.36,
subsection
9,
Code
2022,
is
amended
14
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
15
following:
16
9.
Class
“E”
liquor
control
license
fees
shall
be
determined
17
as
follows:
18
a.
For
premises
located
within
the
corporate
limits
of
a
19
city
with
a
population
of
one
thousand
five
hundred
or
less,
a
20
sum
determined
as
follows:
21
(1)
For
a
premises
with
a
square
footage
of
one
thousand
22
five
hundred
or
less,
seven
hundred
fifty
dollars.
23
(2)
For
a
premises
with
a
square
footage
of
more
than
one
24
thousand
five
hundred
but
not
more
than
two
thousand,
one
25
thousand
five
hundred
dollars.
26
(3)
For
a
premises
with
a
square
footage
of
more
than
two
27
thousand
but
not
more
than
five
thousand,
two
thousand
five
28
hundred
dollars.
29
(4)
For
a
premises
with
a
square
footage
over
five
thousand,
30
three
thousand
five
hundred
dollars.
31
b.
For
premises
located
within
the
corporate
limits
of
a
32
city
with
a
population
of
more
than
one
thousand
five
hundred
33
but
less
than
ten
thousand,
a
sum
determined
as
follows:
34
(1)
For
a
premises
with
a
square
footage
of
one
thousand
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five
hundred
or
less,
one
thousand
five
hundred
dollars.
1
(2)
For
a
premises
with
a
square
footage
of
more
than
one
2
thousand
five
hundred
but
not
more
than
two
thousand,
two
3
thousand
five
hundred
dollars.
4
(3)
For
a
premises
with
a
square
footage
of
more
than
two
5
thousand
but
not
more
than
five
thousand,
three
thousand
five
6
hundred
dollars.
7
(4)
For
a
premises
with
a
square
footage
over
five
thousand,
8
five
thousand
dollars.
9
c.
For
premises
located
within
the
corporate
limits
10
of
a
city
with
a
population
of
ten
thousand
or
more,
a
sum
11
determined
as
follows:
12
(1)
For
a
premises
with
a
square
footage
of
one
thousand
13
five
hundred
or
less,
two
thousand
five
hundred
dollars.
14
(2)
For
a
premises
with
a
square
footage
of
more
than
one
15
thousand
five
hundred
but
not
more
than
two
thousand,
three
16
thousand
five
hundred
dollars.
17
(3)
For
a
premises
with
a
square
footage
of
more
than
18
two
thousand
but
not
more
than
five
thousand,
five
thousand
19
dollars.
20
(4)
For
a
premises
with
a
square
footage
over
five
thousand,
21
seven
thousand
five
hundred
dollars.
22
d.
For
premises
located
outside
the
corporate
limits
of
23
any
city,
a
sum
equal
to
that
charged
to
a
premises
with
the
24
same
square
footage
in
the
incorporated
city
located
nearest
25
the
premises
to
be
licensed.
If
there
is
doubt
as
to
which
26
of
two
or
more
differing
corporate
limits
is
the
nearest,
the
27
license
fee
which
is
the
largest
shall
prevail.
However,
if
28
the
premises
is
located
in
an
unincorporated
town,
for
purposes
29
of
this
paragraph,
the
unincorporated
town
shall
be
treated
as
30
if
it
is
a
city.
31
Sec.
18.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
32
effect
January
1,
2023.
33
DIVISION
V
34
SPECIAL
LICENSES
AND
PERMITS
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Sec.
19.
Section
123.32,
subsection
1,
paragraph
b,
1
subparagraph
(7),
Code
2022,
is
amended
to
read
as
follows:
2
(7)
A
charity
beer,
spirits,
and
wine
auction
special
event
3
permit
as
provided
in
section
123.173A
.
4
Sec.
20.
Section
123.32,
subsection
1,
paragraph
b,
5
subparagraph
(8),
Code
2022,
is
amended
by
striking
the
6
subparagraph.
7
Sec.
21.
Section
123.34,
subsection
2,
Code
2022,
is
amended
8
to
read
as
follows:
9
2.
a.
The
administrator
may
issue
six-month
or
eight-month
10
seasonal
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
11
and
class
“D”
liquor
control
licenses,
class
“B”
wine
permits,
12
class
“B”
or
class
“C”
native
wine
permits,
or
class
“B”
beer
13
permits.
14
b.
The
fee
for
a
six-month
or
an
eight-month
seasonal
15
license
or
permit
issued
pursuant
to
this
subsection
shall
be
16
for
a
proportionate
part
fifty
percent
of
the
license
or
permit
17
fee
for
that
class
of
license
or
permit.
However,
the
fee
for
18
a
seasonal
class
“B”
native
wine
permit
shall
be
the
permit
fee
19
provided
in
section
123.179,
subsection
4
,
and
the
fee
for
a
20
seasonal
class
“C”
native
wine
permit
shall
be
the
permit
fee
21
provided
in
section
123.179,
subsection
5
.
22
Sec.
22.
Section
123.39,
subsection
1,
paragraph
a,
23
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
24
(2)
The
administrator
may
suspend
a
certificate
25
of
compliance,
a
class
“D”
liquor
control
license,
a
26
manufacturer’s
license,
a
broker’s
permit,
a
class
“A”
native
27
distilled
spirits
license,
a
class
“A”
or
special
class
“A”
28
beer
permit,
a
charity
beer,
spirits,
and
wine
auction
special
29
event
permit,
a
class
“A”
wine
permit,
a
wine
direct
shipper’s
30
permit,
or
a
wine
carrier
permit
for
a
period
not
to
exceed
one
31
year,
revoke
the
license,
permit,
or
certificate,
or
impose
a
32
civil
penalty
not
to
exceed
one
thousand
dollars
per
violation.
33
Sec.
23.
Section
123.173A,
Code
2022,
is
amended
by
striking
34
the
section
and
inserting
in
lieu
thereof
the
following:
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123.173A
Charity
beer,
spirits,
and
wine
special
event
1
permit.
2
1.
For
purposes
of
this
section:
3
a.
“Authorized
nonprofit
entity”
includes
a
nonprofit
4
entity
which
has
a
principal
office
in
the
state,
a
nonprofit
5
corporation
organized
under
chapter
504,
or
a
foreign
6
corporation
as
defined
in
section
504.141,
whose
income
is
7
exempt
from
federal
taxation
under
section
501(c)
of
the
8
Internal
Revenue
Code.
9
b.
“Charity
auction”
means
an
auction
conducted
by
an
10
authorized
nonprofit
entity
which
includes
beer,
spirits,
and
11
wine.
12
c.
“Charity
event”
means
an
event
at
which
an
authorized
13
nonprofit
entity
may
serve
the
event’s
attendees
beer,
14
spirits,
and
wine
for
consumption
on
the
premises
of
the
event,
15
regardless
of
whether
the
entity
charges
an
admission
fee
to
16
the
event
or
otherwise
collects
the
cost
of
the
beer,
spirits,
17
and
wine
served
from
the
event’s
attendees.
18
d.
“Charity
special
event”
means
a
charity
auction,
charity
19
event,
or
a
combined
charity
auction
and
charity
event.
20
2.
Upon
application
to
the
division
and
receipt
of
a
charity
21
beer,
spirits,
and
wine
special
event
permit,
an
authorized
22
nonprofit
entity
may
conduct
a
charity
special
event
subject
to
23
the
requirements
of
this
section.
24
3.
A
charity
auction
conducted
by
a
charity
beer,
spirits,
25
and
wine
special
event
permittee
shall
comply
with
the
26
following
requirements:
27
a.
The
authorized
nonprofit
entity
conducting
the
charity
28
auction
shall
obtain
the
beer,
spirits,
and
wine
to
be
29
auctioned
at
the
charity
auction
from
an
Iowa
retail
beer
30
permittee,
an
Iowa
retail
liquor
control
licensee,
or
an
Iowa
31
retail
wine
permittee,
or
may
receive
donations
of
beer,
32
spirits,
or
wine
to
be
auctioned
at
the
charity
auction
from
33
persons
who
purchased
the
donated
beer,
spirits,
or
wine
from
34
an
Iowa
retail
beer
permittee,
an
Iowa
retail
liquor
control
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licensee,
an
Iowa
class
“A”
native
distilled
spirits
licensee,
1
or
an
Iowa
retail
wine
permittee
and
who
present
a
receipt
2
documenting
the
purchase
at
the
time
the
beer,
spirits,
or
wine
3
is
donated.
The
authorized
nonprofit
entity
conducting
the
4
charity
auction
shall
retain
a
copy
of
the
receipt
for
a
period
5
of
one
year
from
the
date
of
the
charity
beer,
spirits,
and
6
wine
auction.
7
b.
The
beer,
spirits,
and
wine
sold
at
the
charity
auction
8
shall
be
in
original
containers
for
consumption
off
of
the
9
premises
where
the
charity
auction
is
conducted.
No
other
10
alcoholic
beverage
may
be
sold
by
the
charity
beer,
spirits,
11
and
wine
special
event
permittee
at
the
charity
auction.
A
12
purchaser
of
beer,
spirits,
or
wine
at
a
charity
auction
shall
13
not
take
possession
of
the
beer,
spirits,
or
wine
until
the
14
person
is
leaving
the
event.
A
purchaser
of
beer,
spirits,
15
or
wine
at
a
charity
auction
shall
not
open
the
container
or
16
consume
or
permit
the
consumption
of
the
beer,
spirits,
or
17
wine
purchased
on
the
premises
where
the
charity
auction
is
18
conducted.
A
purchaser
of
beer,
spirits,
or
wine
at
a
charity
19
auction
shall
not
resell
the
beer,
spirits,
or
wine.
20
c.
A
liquor
control
licensee,
beer
permittee,
class
“A”
21
native
distilled
spirits
licensee,
or
wine
permittee
shall
not
22
purchase
beer,
spirits,
or
wine
at
a
charity
auction.
The
23
charity
auction
may
be
conducted
on
a
premises
for
which
a
24
class
“B”
liquor
control
license
or
class
“C”
liquor
control
25
license
has
been
issued,
provided
that
the
liquor
control
26
licensee
does
not
participate
in
the
charity
auction,
supply
27
beer,
spirits,
or
wine
to
be
auctioned
at
the
charity
auction,
28
or
receive
any
of
the
proceeds
of
the
charity
auction.
29
4.
A
charity
event
conducted
by
a
charity
beer,
spirits,
and
30
wine
special
event
permittee
shall
comply
with
the
following
31
requirements:
32
a.
The
charity
event
shall
be
conducted
on
a
premises
33
covered
by
a
valid
liquor
control
license
or
retail
wine
or
34
beer
permit
issued
by
the
division.
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b.
The
authorized
nonprofit
entity
conducting
a
charity
1
event
shall
have
a
written
agreement
with
the
liquor
control
2
licensee
or
wine
or
beer
permittee
covering
the
premises
where
3
the
charity
event
is
to
be
conducted
specifying
that
that
4
licensee
or
permittee
shall
act
as
the
agent
of
the
authorized
5
nonprofit
entity
for
the
purpose
of
providing
and
serving
6
alcoholic
beverages
to
the
attendees
of
the
charity
event.
7
c.
The
liquor
control
licensee
or
wine
or
beer
permittee
8
covering
the
premises
where
the
charity
event
is
to
be
9
conducted
shall
supply
all
alcoholic
beverages
served
to
the
10
attendees
of
the
charity
event.
11
d.
Only
those
types
of
alcoholic
beverages
as
are
authorized
12
to
be
sold
by
the
liquor
control
license
or
wine
or
beer
13
permit
covering
the
premises
where
the
charity
event
is
to
be
14
conducted
are
to
be
served
to
the
attendees
of
the
charity
15
event.
16
5.
An
application
for
a
charity
beer,
spirits,
and
wine
17
special
event
permit
to
conduct
a
charity
special
event
shall
18
include
all
of
the
following
information:
19
a.
The
date
and
time
when
the
charity
special
event
is
to
be
20
conducted
and
the
location
of
the
premises
in
this
state
where
21
the
charity
special
event
is
to
be
physically
conducted.
22
b.
The
liquor
control
license
or
wine
or
beer
permit
number
23
issued
by
the
division
for
the
premises
where
a
charity
event
24
is
to
be
conducted,
if
applicable.
25
c.
A
certification
that
the
objective
of
the
charity
special
26
event
is
to
raise
funds
solely
to
be
used
for
educational,
27
religious,
or
charitable
purposes
and
that
the
entire
proceeds
28
from
the
charity
special
event
are
to
be
expended
for
any
of
29
the
purposes
described
in
section
423.3,
subsection
78.
30
6.
An
authorized
nonprofit
entity
shall
be
eligible
to
31
receive
no
more
than
two
charity
beer,
spirits,
and
wine
32
special
event
permits
during
a
calendar
year
and
each
charity
33
beer,
spirits,
and
wine
special
event
permit
shall
be
valid
for
34
a
period
not
to
exceed
thirty-six
consecutive
hours.
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7.
Any
violation
of
the
requirements
of
this
chapter
or
1
the
rules
adopted
pursuant
to
this
chapter
shall
subject
2
the
charity
beer,
spirits,
and
wine
special
event
permit
3
holder
to
the
general
penalties
provided
in
this
chapter
and
4
shall
constitute
grounds
for
imposition
of
a
civil
penalty,
5
suspension
of
the
permit,
or
revocation
of
the
permit
after
6
notice
and
opportunity
for
a
hearing
pursuant
to
section
123.39
7
and
chapter
17A.
8
Sec.
24.
Section
123.179,
subsection
6,
Code
2022,
is
9
amended
to
read
as
follows:
10
6.
The
fee
for
a
charity
beer,
spirits,
and
wine
auction
11
special
event
permit
is
one
hundred
dollars.
12
Sec.
25.
Section
123.179,
subsection
7,
Code
2022,
is
13
amended
by
striking
the
subsection.
14
Sec.
26.
REPEAL.
Section
123.173B,
Code
2022,
is
repealed.
15
Sec.
27.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
16
effect
January
1,
2023.
17
DIVISION
VI
18
SUNDAY
SALES
19
Sec.
28.
Section
123.34,
subsections
3
and
4,
Code
2022,
are
20
amended
to
read
as
follows:
21
3.
a.
The
administrator
may
issue
fourteen-day
class
“A”,
22
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
23
control
licenses,
and
fourteen-day
class
“B”
beer
permits,
24
class
“B”
native
wine
permits,
and
class
“C”
native
wine
25
permits.
26
b.
A
fourteen-day
license
or
permit,
if
granted,
is
valid
27
for
fourteen
consecutive
days
,
but
the
holder
shall
not
sell
on
28
the
two
Sundays
in
the
fourteen-day
period
unless
the
holder
29
qualifies
for
and
obtains
the
privilege
to
sell
on
Sundays
30
contained
in
section
123.36,
subsection
6
,
and
section
123.134,
31
subsection
4
.
32
c.
(1)
The
fee
for
a
fourteen-day
liquor
control
license
33
or
beer
permit
is
one
quarter
of
the
annual
fee
for
that
class
34
of
liquor
control
license
or
beer
permit.
The
fee
for
the
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privilege
to
sell
on
the
two
Sundays
in
the
fourteen-day
period
1
is
twenty
percent
of
the
price
of
the
fourteen-day
liquor
2
control
license
or
beer
permit.
3
(2)
The
fee
for
a
fourteen-day
class
“B”
native
wine
permit
4
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
5
4
,
and
the
fee
for
a
fourteen-day
class
“C”
native
wine
permit
6
is
the
permit
fee
provided
in
section
123.179,
subsection
5
.
7
4.
a.
The
administrator
may
issue
five-day
class
“A”,
class
8
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
control
9
licenses,
and
five-day
class
“B”
beer
permits,
class
“B”
native
10
wine
permits,
and
class
“C”
native
wine
permits.
11
b.
A
five-day
license
or
permit
is
valid
for
five
12
consecutive
days
,
but
the
holder
shall
not
sell
alcoholic
13
beverages
on
Sunday
in
the
five-day
period
unless
the
holder
14
qualifies
for
and
obtains
the
privilege
to
sell
on
Sunday
15
pursuant
to
section
123.36,
subsection
6,
and
section
123.134,
16
subsection
4
.
17
c.
(1)
The
fee
for
the
five-day
liquor
control
license
18
or
beer
permit
is
one-eighth
of
the
annual
fee
for
that
class
19
of
license
or
permit.
The
fee
for
the
privilege
to
sell
on
a
20
Sunday
in
the
five-day
period
is
ten
percent
of
the
price
of
21
the
five-day
liquor
control
license
or
beer
permit.
22
(2)
The
fee
for
a
five-day
class
“B”
native
wine
permit
23
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
24
4
,
and
the
fee
for
a
five-day
class
“C”
native
wine
permit
is
25
the
permit
fee
provided
in
section
123.179,
subsection
5
.
26
Sec.
29.
Section
123.36,
subsection
6,
Code
2022,
is
amended
27
by
striking
the
subsection.
28
Sec.
30.
Section
123.36,
subsection
8,
Code
2022,
is
amended
29
to
read
as
follows:
30
8.
The
division
shall
credit
all
fees
to
the
beer
and
liquor
31
control
fund.
The
division
shall
remit
to
the
appropriate
32
local
authority,
a
sum
equal
to
sixty-five
percent
of
the
fees
33
collected
for
each
class
“A”,
class
“B”,
or
class
“C”
license
34
except
special
class
“C”
licenses
or
class
“E”
licenses,
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covering
premises
located
within
the
local
authority’s
1
jurisdiction.
The
division
shall
remit
to
the
appropriate
2
local
authority
a
sum
equal
to
seventy-five
percent
of
the
fees
3
collected
for
each
special
class
“C”
license
covering
premises
4
located
within
the
local
authority’s
jurisdiction.
Those
fees
5
collected
for
the
privilege
authorized
under
subsection
6
and
6
those
fees
collected
for
each
class
“E”
liquor
control
license
7
shall
be
credited
to
the
beer
and
liquor
control
fund.
8
Sec.
31.
Section
123.46A,
subsection
3,
paragraph
b,
Code
9
2022,
is
amended
to
read
as
follows:
10
b.
Orders
for
deliveries
may
be
taken
by
the
licensee
or
11
permittee
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
12
on
a
day
other
than
Sunday,
and
orders
for
deliveries
may
13
be
taken
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
on
a
14
Sunday
provided
the
licensee
or
permittee
has
been
granted
15
the
privilege
of
selling
alcoholic
liquor,
wine,
beer,
or
16
mixed
drinks
or
cocktails
on
Sunday
on
any
day
of
the
week
,
17
notwithstanding
any
provision
of
section
123.49,
subsection
2
,
18
paragraph
“b”
,
to
the
contrary.
19
Sec.
32.
Section
123.49,
subsection
2,
paragraph
b,
Code
20
2022,
is
amended
to
read
as
follows:
21
b.
Sell
or
dispense
any
alcoholic
beverage
on
the
premises
22
covered
by
the
license
or
permit,
or
permit
its
consumption
23
thereon
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
on
a
24
weekday,
and
between
the
hours
of
2:00
a.m.
on
Sunday
and
6:00
25
a.m.
on
the
following
Monday,
however,
a
holder
of
a
liquor
26
control
license
or
retail
wine
or
beer
permit
granted
the
27
privilege
of
selling
alcoholic
liquor,
wine,
or
beer
on
Sunday
28
may
sell
or
dispense
alcoholic
liquor,
wine,
or
beer
between
29
the
hours
of
6:00
a.m.
on
Sunday
and
2:00
a.m.
on
the
following
30
Monday
any
day
of
the
week
.
31
Sec.
33.
Section
123.49,
subsection
4,
Code
2022,
is
amended
32
by
striking
the
subsection.
33
Sec.
34.
Section
123.134,
subsection
4,
Code
2022,
is
34
amended
by
striking
the
subsection.
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Sec.
35.
REPEAL.
Section
123.150,
Code
2022,
is
repealed.
1
Sec.
36.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
2
effect
January
1,
2023.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
alcoholic
beverage
control
and
matters
7
under
the
purview
of
the
alcoholic
beverages
division.
8
Division
I
of
the
bill
relates
to
keg
identification
9
stickers,
deliveries
of
alcoholic
beverages,
and
the
wine
10
direct
shipper
permit.
11
Code
section
123.46A,
concerning
delivery
of
alcoholic
12
beverages
by
retailers,
is
amended
to
provide
that
deliveries
13
shall
occur
on
the
same
day
the
order
for
delivery
of
alcoholic
14
beverages
is
removed
from
the
licensed
premises
of
the
15
retailer.
16
Code
section
123.138,
concerning
keg
identification
17
stickers,
is
amended
to
provide
for
a
keg
identification
label
18
instead
of
a
sticker.
In
addition,
the
bill
strikes
provisions
19
concerning
the
forfeiture
and
remittance
of
deposits
relating
20
to
defacing
the
keg
identification
label.
21
Code
section
123.187,
concerning
the
wine
direct
shipper
22
permit,
is
amended
to
remove
the
requirement
that
an
23
application
for
the
permit
be
accompanied
by
a
bond
if
not
24
otherwise
required
to
submit
a
bond
as
a
wine
manufacturer.
25
Division
II
of
the
bill
relates
to
the
renewal
of
certain
26
licenses,
permits,
and
certificates
of
compliance.
27
Code
section
123.34,
subsection
1,
providing
generally
28
for
the
expiration
of
licenses,
permits,
and
certificates
of
29
compliance
one
year
from
the
date
of
issuance,
and
including
a
30
notification
requirement
by
the
administrator
of
the
alcoholic
31
beverage
division
prior
to
expiration,
is
stricken.
32
New
Code
section
123.35
includes
the
provision
from
33
current
Code
section
123.34
providing
for
the
expiration
of
34
licenses,
permits,
and
certificates
of
compliance
without
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the
notification
requirement.
The
new
Code
section
further
1
provides,
notwithstanding
any
provision
of
Code
chapter
123
2
to
the
contrary,
for
the
automatic
renewal
of
a
class
“E”
3
liquor
control
license,
a
distiller’s,
vintner’s,
or
brewer’s
4
certificate
of
compliance,
and
a
wine
direct
shipper’s
5
permit.
The
bill
allows
the
renewal
of
the
applicable
license,
6
certificate,
or
permit
without
approval
by
the
administrator
7
of
the
alcoholic
beverages
division
or
endorsement
of
any
8
applicable
local
authority
upon
collection
of
the
annual
fee
9
for
that
license,
certificate,
or
permit
by
the
alcoholic
10
beverages
division,
provided
certain
conditions
are
met
since
11
the
preceding
license,
certificate,
or
permit
was
issued.
The
12
bill
provides
that
the
license,
certificate,
or
permit
can
be
13
automatically
renewed
if,
in
the
preceding
year,
the
license,
14
certificate,
or
permit
has
not
been
suspended
or
revoked,
15
a
civil
penalty
has
not
been
imposed,
an
administrative
16
proceeding
is
not
pending
to
suspend
or
revoke
the
license,
17
certificate,
or
permit
or
to
impose
a
civil
penalty,
all
18
required
payments
to
the
division
have
been
made,
and
the
19
licensee,
certificate
holder,
or
permittee,
and
all
persons
20
associated
with
the
licensee,
certificate
holder,
or
permittee
21
as
described
in
Code
section
123.3,
subsection
40,
paragraph
22
“e”,
have
not
been
convicted
of
a
violation
of
Code
chapter
23
123.
In
addition,
for
renewal
of
a
class
“E”
liquor
control
24
license,
the
licensed
premises
shall
constitute
a
safe
and
25
proper
place
and
building
that
complies
with
all
applicable
26
building-related
regulations.
27
This
division
of
the
bill
takes
effect
January
1,
2023.
28
Division
III
of
the
bill
relates
to
the
distribution
of
29
certain
alcoholic
beverage
control
revenues.
30
Code
section
123.17,
concerning
transfers
from
the
beer
31
and
liquor
control
fund,
is
amended.
The
bill
provides
that
32
of
the
moneys
transferred
to
a
special
revenue
account
in
the
33
general
fund
of
the
state
from
the
beer
and
liquor
control
34
fund,
$1
million,
plus
any
additional
amount
as
determined
by
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the
general
assembly,
shall
be
appropriated
to
the
department
1
of
public
health
to
be
distributed
as
provided
in
Code
section
2
125.59
as
grants
to
counties,
persons,
or
nonprofit
entities
3
for
substance
abuse
and
prevention
programs.
Code
section
4
125.59
is
amended
to
reflect
that
only
this
new
appropriation
5
shall
be
transferred
to
the
department
of
public
health
for
the
6
purposes
of
Code
section
125.59.
7
Code
section
123.143,
concerning
distribution
of
certain
8
beer
permit
fees,
is
amended.
The
bill
provides
that
all
9
beer-related
permit
fees
collected
by
the
alcoholic
beverages
10
division
shall
accrue
to
the
beer
and
liquor
control
fund
11
except
as
otherwise
provided.
The
bill
also
provides
that
12
of
the
retail
beer
permit
fees
collected
by
the
alcoholic
13
beverages
division,
the
division
shall
remit
to
the
applicable
14
local
authority
a
sum
of
money
equal
to
the
retail
beer
permit
15
fees
collected
by
the
division
covering
premises
covered
by
the
16
local
authority’s
jurisdiction.
The
bill
further
eliminates
17
the
requirement
that
retail
beer
permit
fees
collected
by
the
18
local
authority
be
transferred
as
provided
in
Code
section
19
125.59.
20
Code
section
123.97,
providing
that
most
revenues
arising
21
under
the
operation
of
Code
chapter
123
become
part
of
the
22
general
fund
of
the
state,
is
repealed
as
inconsistent
with
the
23
provisions
of
current
Code
section
123.17.
24
This
division
of
the
bill
takes
effect
January
1,
2023.
25
Division
IV
of
the
bill
relates
to
class
“E”
liquor
control
26
licenses.
27
Code
section
123.30,
concerning
liquor
control
licenses,
is
28
amended.
The
bill
provides
that
a
class
“E”
liquor
control
29
licensee
can
purchase
wine
and
beer
from
a
class
“A”
wine
30
or
beer
permittee
only,
respectively.
The
bill
specifically
31
allows
the
class
“E”
licensee
to
sell
wine
and
beer
in
unopened
32
containers
at
retail,
and
to
sell
alcoholic
liquor
and
high
33
alcoholic
content
beer
at
wholesale.
The
bill
strikes
a
34
provision
allowing
the
holder
of
a
class
“E”
liquor
control
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license
to
also
hold
a
class
“B”
wine
or
class
“C”
beer
permit
1
for
the
premises
licensed
under
the
class
“E”
license.
2
Code
section
123.36,
concerning
class
“E”
liquor
control
3
license
fees,
is
amended.
The
bill
establishes
license
fees
4
based
on
the
population
of
the
city
where
the
premises
is
5
located
as
well
as
the
square
footage
of
the
licensed
premises.
6
Current
law
bases
the
fees
only
on
the
population
of
the
city
7
where
the
premises
is
located.
8
This
division
of
the
bill
takes
effect
January
1,
2023.
9
Division
V
of
the
bill
relates
to
certain
special
licenses
10
and
permits.
11
Code
section
123.34,
concerning
seasonal
licenses
and
12
permits,
is
amended.
The
bill
eliminates
the
six-month
13
seasonal
license
or
permit
and
provides
that
the
fee
for
an
14
eight-month
seasonal
license
or
permit
shall
be
50
percent
of
15
the
license
or
permit
fee
for
that
class
of
license
or
permit
16
instead
of
a
proportional
share
of
that
fee.
17
Code
section
123.173A,
providing
for
a
charity
beer,
18
spirits,
and
wine
auction
permit,
and
Code
section
123.173B,
19
providing
for
a
charity
beer,
spirits,
and
wine
event
permit,
20
are
stricken
and
replaced
with
a
combined
charity
beer,
21
spirits,
and
wine
special
event
permit,
allowing
the
permit
22
holder
to
conduct
a
charity
auction,
charity
event,
or
a
23
combined
charity
auction
and
charity
event
in
a
similar
manner
24
as
is
allowed
under
current
law
for
the
two
separate
permits.
25
The
bill
only
allows
one
charity
auction,
charity
event,
or
26
combined
charity
auction
and
charity
event,
to
be
conducted
27
during
the
period
of
the
permit
and
limits
a
person
to
no
more
28
than
two
special
event
permits
in
a
calendar
year.
29
This
division
of
the
bill
takes
effect
January
1,
2023.
30
Division
VI
of
the
bill
concerns
Sunday
sales
of
alcoholic
31
beverages.
The
bill
eliminates
the
requirement
to
obtain
a
32
special
privilege
to
sell
alcoholic
beverages
on
Sunday
and
33
provides
that
sales
or
other
activities
relating
to
alcoholic
34
beverages
on
Sunday
will
be
allowed
to
the
same
extent
as
they
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