Bill Text: IA SF2374 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act concerning the regulation of food and beverages, relating to alcoholic beverage control and delivery of restaurant food, providing for fees and civil penalties, and including effective date and applicability provisions. (Formerly SF 2350, SSB 3140.) Effective date: 07/01/2022, 06/07/2022, 01/01/2023. Applicability date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-27 - Fiscal note. [SF2374 Detail]
Download: Iowa-2021-SF2374-Enrolled.html
Senate
File
2374
-
Enrolled
Senate
File
2374
AN
ACT
CONCERNING
THE
REGULATION
OF
FOOD
AND
BEVERAGES,
RELATING
TO
ALCOHOLIC
BEVERAGE
CONTROL
AND
DELIVERY
OF
RESTAURANT
FOOD,
PROVIDING
FOR
FEES
AND
CIVIL
PENALTIES,
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
RETAIL
ALCOHOL
LICENSES
Section
1.
Section
123.30,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
123.30
Retail
alcohol
licenses
——
classes.
1.
a.
A
retail
alcohol
license
may
be
issued
to
any
person
who
is
of
good
moral
character
as
defined
by
this
chapter.
b.
As
a
condition
for
issuance
of
a
retail
alcohol
license
or
wine
or
beer
permit,
the
applicant
must
give
consent
to
members
of
the
fire,
police,
and
health
departments
and
the
building
inspector
of
cities;
the
county
sheriff
or
deputy
sheriff;
members
of
the
department
of
public
safety;
representatives
of
the
division
and
of
the
department
of
inspections
and
appeals;
certified
police
officers;
and
any
official
county
health
officer
to
enter
upon
areas
of
the
premises
where
alcoholic
beverages
are
stored,
served,
or
sold,
without
a
warrant
during
business
hours
of
the
licensee
or
permittee
to
inspect
for
violations
of
this
chapter
or
ordinances
and
regulations
that
cities
and
boards
of
supervisors
may
adopt.
However,
a
subpoena
issued
under
Senate
File
2374,
p.
2
section
421.17
or
a
warrant
is
required
for
inspection
of
private
records,
a
private
business
office,
or
attached
living
quarters.
Persons
who
are
not
certified
peace
officers
shall
limit
the
scope
of
their
inspections
of
licensed
premises
to
the
regulatory
authority
under
which
the
inspection
is
conducted.
All
persons
who
enter
upon
a
licensed
premises
to
conduct
an
inspection
shall
present
appropriate
identification
to
the
owner
of
the
establishment
or
the
person
who
appears
to
be
in
charge
of
the
establishment
prior
to
commencing
an
inspection;
however,
this
provision
does
not
apply
to
undercover
criminal
investigations
conducted
by
peace
officers.
c.
As
a
further
condition
for
the
issuance
of
a
class
“E”
retail
alcohol
license,
the
applicant
shall
post
a
bond
in
a
sum
of
not
less
than
five
thousand
nor
more
than
fifteen
thousand
dollars
as
determined
on
a
sliding
scale
established
by
the
division;
however,
a
bond
shall
not
be
required
if
all
purchases
of
alcoholic
liquor
from
the
division
by
the
licensee
are
made
by
means
that
ensure
that
the
division
will
receive
full
payment
in
advance
of
delivery
of
the
alcoholic
liquor.
d.
A
class
“E”
retail
alcohol
license
may
be
issued
to
a
city
council
for
premises
located
within
the
limits
of
the
city
if
there
are
no
class
“E”
retail
alcohol
licensees
operating
within
the
limits
of
the
city
and
no
other
applications
for
a
class
“E”
license
for
premises
located
within
the
limits
of
the
city
at
the
time
the
city
council’s
application
is
filed.
If
a
class
“E”
retail
alcohol
license
is
subsequently
issued
to
a
private
person
for
premises
located
within
the
limits
of
the
city,
the
city
council
shall
surrender
its
license
to
the
division
within
one
year
of
the
date
that
the
class
“E”
retail
alcohol
licensee
begins
operating,
liquidate
any
remaining
assets
connected
with
the
liquor
store,
and
cease
operating
the
liquor
store.
2.
A
retail
alcohol
license
shall
not
be
issued
for
premises
which
do
not
constitute
a
safe
and
proper
place
or
building
and
which
do
not
conform
to
all
applicable
laws,
ordinances,
resolutions,
and
health
and
fire
regulations.
A
licensee
shall
not
have
or
maintain
any
interior
access
to
residential
or
sleeping
quarters
unless
permission
is
granted
by
the
administrator
in
the
form
of
a
living
quarters
permit.
Senate
File
2374,
p.
3
3.
Retail
alcohol
licenses
issued
under
this
chapter
shall
be
of
the
following
classes:
a.
Class
“B”.
(1)
(a)
A
class
“B”
retail
alcohol
license
may
be
issued
and
shall
authorize
the
holder
to
purchase
wine
from
a
class
“A”
wine
permittee
only
and
beer
from
a
class
“A”
beer
permittee
only,
and
to
sell
wine
and
beer
in
original
unopened
containers
at
retail
to
patrons
for
consumption
off
the
licensed
premises.
(b)
The
holder
of
a
class
“B”
retail
alcohol
license
may
sell
wine
to
class
“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
licensees
for
resale
for
consumption
on
the
premises.
Such
wine
sales
shall
be
in
quantities
of
less
than
one
case
of
any
wine
brand
but
not
more
than
one
such
sale
shall
be
made
to
the
same
retail
alcohol
licensee
in
a
twenty-four-hour
period.
(c)
The
holder
of
a
class
“B”
retail
alcohol
license
may
sell
beer
to
class
“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
licensees
for
resale
for
consumption
on
the
premises.
Such
beer
sales
shall
be
in
quantities
of
not
more
than
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
cocktails,
but
not
more
than
one
such
sale
shall
be
made
to
the
same
retail
alcohol
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
authorized
by
this
subparagraph
division.
(2)
A
special
class
“B”
retail
native
wine
license
shall
authorize
the
holder
to
purchase
wine
from
a
native
winery
holding
a
class
“A”
wine
permit
and
to
sell
native
wine
only
at
retail
for
consumption
off
the
licensed
premises.
b.
Class
“C”.
(1)
(a)
A
class
“C”
retail
alcohol
license
may
be
issued
to
a
commercial
establishment
but
must
be
issued
in
the
name
of
the
individuals
who
actually
own
the
entire
business.
(b)
The
holder
of
a
class
“C”
retail
alcohol
license
shall
be
authorized
to
purchase
alcoholic
beverages
as
follows:
(i)
Alcoholic
liquors
in
original
unopened
containers
from
class
“E”
retail
alcohol
licensees
only.
(ii)
Wine
from
class
“A”
wine
permittees.
Senate
File
2374,
p.
4
(iii)
Wine
from
class
“B”
retail
alcohol
licensees
or
class
“E”
retail
alcohol
licensees
in
quantities
of
less
than
one
case
of
any
wine
brand
in
a
twenty-four-hour
period,
but
not
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
twenty-four-hour
period.
(iv)
Beer
from
class
“A”
beer
permittees.
(v)
Beer
from
class
“B”
retail
alcohol
licensees
or
class
“E”
retail
alcohol
licensees
in
quantities
of
not
more
than
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
cocktails,
but
not
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
authorized
by
this
subparagraph
subdivision.
(c)
The
holder
of
a
class
“C”
retail
alcohol
license
shall
be
authorized
to
sell
alcoholic
beverages
to
patrons
by
the
individual
drink
for
consumption
on
the
premises
only.
However,
alcoholic
liquor,
wine,
and
beer
in
original
unopened
containers
may
also
be
sold
for
consumption
off
the
premises.
In
addition,
mixed
drinks
or
cocktails
may
also
be
sold
for
consumption
off
the
premises
subject
to
the
requirements
of
section
123.49,
subsection
2,
paragraph
“d”
.
(d)
The
holder
of
a
class
“C”
retail
alcohol
license
may
also
hold
a
special
class
“A”
beer
permit
for
the
premises
licensed
under
a
class
“C”
retail
alcohol
license
for
the
purpose
of
operating
a
brewpub
pursuant
to
this
chapter.
(2)
(a)
A
special
class
“C”
retail
alcohol
license
may
be
issued
to
a
commercial
establishment.
(b)
The
holder
of
a
special
class
“C”
retail
alcohol
license
shall
be
authorized
to
purchase
alcoholic
beverages
as
follows:
(i)
Wine
from
class
“A”
wine
permittees.
(ii)
Wine
from
class
“B”
retail
alcohol
licensees
or
class
“E”
retail
alcohol
licensees
in
quantities
of
less
than
one
case
of
any
wine
brand
in
a
twenty-four-hour
period,
but
not
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
twenty-four-hour
period.
(iii)
Beer
from
class
“A”
beer
permittees.
(iv)
Beer
from
class
“B”
retail
alcohol
licensees
or
class
“E”
retail
alcohol
licensees
in
quantities
of
not
more
than
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
Senate
File
2374,
p.
5
cocktails,
but
not
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
authorized
by
this
subparagraph
subdivision.
(c)
The
holder
of
a
special
class
“C”
retail
alcohol
license
shall
be
authorized
to
sell
wine
and
beer
to
patrons
by
the
individual
drink
for
consumption
on
the
premises
only.
However,
wine
and
beer
in
original
unopened
containers
may
also
be
sold
for
consumption
off
the
premises.
(d)
The
license
issued
to
holders
of
a
special
class
“C”
retail
alcohol
license
shall
clearly
state
on
its
face
that
the
license
is
limited.
c.
Class
“D”.
(1)
A
class
“D”
retail
alcohol
license
may
be
issued
to
a
railway
corporation,
to
an
air
common
carrier,
and
to
passenger-carrying
boats
or
ships
for
hire
with
a
capacity
of
twenty-five
persons
or
more
operating
in
inland
or
boundary
waters,
and
shall
authorize
the
holder
to
sell
or
furnish
alcoholic
beverages
to
passengers
for
consumption
only
on
trains,
watercraft
as
described
in
this
section,
or
aircraft,
respectively.
Each
license
is
valid
throughout
the
state.
Only
one
license
is
required
for
all
trains,
watercraft,
or
aircraft
operated
in
the
state
by
the
licensee.
However,
if
a
watercraft
is
an
excursion
gambling
boat
licensed
under
chapter
99F,
the
owner
shall
obtain
a
separate
class
“D”
retail
alcohol
license
for
each
excursion
gambling
boat
operating
in
the
waters
of
this
state.
(2)
A
class
“D”
retail
alcohol
licensee
who
operates
a
train
or
a
watercraft
intrastate
only,
or
an
excursion
gambling
boat
licensed
under
chapter
99F,
shall
be
authorized
to
purchase
alcoholic
beverages
as
follows:
(a)
Alcoholic
liquors
in
original
unopened
containers
from
class
“E”
retail
alcohol
licensees
only.
(b)
Wine
from
class
“A”
wine
permittees.
(c)
Wine
from
class
“B”
retail
alcohol
licensees
or
class
“E”
retail
alcohol
licensees
in
quantities
of
less
than
one
case
of
any
wine
brand
in
a
twenty-four-hour
period,
but
not
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
twenty-four-hour
period.
Senate
File
2374,
p.
6
(d)
Beer
from
class
“A”
beer
permittees.
(e)
Beer
from
class
“B”
retail
alcohol
licensees
or
class
“E”
retail
alcohol
licensees
in
quantities
of
not
more
than
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
cocktails,
but
not
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
authorized
by
this
subparagraph
division.
d.
Class
“E”.
(1)
A
class
“E”
retail
alcohol
license
may
be
issued
and
shall
authorize
the
holder
to
purchase
alcoholic
liquor
in
original
unopened
containers
from
the
division
only,
wine
from
a
class
“A”
wine
permittee
only,
and
beer
from
a
class
“A”
beer
permittee
only;
to
sell
alcoholic
liquor,
wine,
and
beer
in
original
unopened
containers
at
retail
to
patrons
for
consumption
off
the
licensed
premises;
and
to
sell
alcoholic
liquor
and
high
alcoholic
content
beer
at
wholesale
to
other
retail
alcohol
licensees,
provided
the
holder
has
filed
with
the
division
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury.
(2)
A
holder
of
a
class
“E”
retail
alcohol
license
may
hold
other
retail
alcohol
licenses,
but
the
premises
licensed
under
a
class
“E”
retail
alcohol
license
shall
be
separate
from
other
licensed
premises,
though
the
separate
premises
may
have
a
common
entrance.
(3)
The
holder
of
a
class
“E”
retail
alcohol
license
may
sell
wine
to
class
“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
licensees
for
resale
for
consumption
on
the
premises.
Such
wine
sales
shall
be
in
quantities
of
less
than
one
case
of
any
wine
brand
but
not
more
than
one
such
sale
shall
be
made
to
the
same
retail
alcohol
licensee
in
a
twenty-four-hour
period.
(4)
The
holder
of
a
class
“E”
retail
alcohol
license
may
sell
beer
to
class
“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
licensees
for
resale
for
consumption
on
the
premises.
Such
beer
sales
shall
be
in
quantities
of
not
more
than
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
cocktails,
but
not
more
than
one
such
sale
shall
be
Senate
File
2374,
p.
7
made
to
the
same
retail
alcohol
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
authorized
by
this
subparagraph.
(5)
The
division
may
issue
a
class
“E”
retail
alcohol
license
for
premises
covered
by
a
retail
alcohol
license
for
on-premises
consumption
under
any
of
the
following
circumstances:
(a)
If
the
premises
are
in
a
county
having
a
population
under
nine
thousand
five
hundred
in
which
no
other
class
“E”
retail
alcohol
license
has
been
issued
by
the
division,
and
no
other
application
for
a
class
“E”
retail
alcohol
license
has
been
made
within
the
previous
twelve
consecutive
months.
(b)
If,
notwithstanding
any
provision
of
this
chapter
to
the
contrary,
the
premises
covered
by
a
retail
alcohol
license
is
a
grocery
store
that
is
at
least
five
thousand
square
feet.
e.
Class
“F”.
(1)
A
class
“F”
retail
alcohol
license
may
be
issued
to
a
club
and
shall
authorize
the
holder
to
sell
alcoholic
beverages
to
bona
fide
members
and
their
guests
by
the
individual
drink
for
consumption
on
the
premises
only.
(2)
The
holder
of
a
class
“F”
retail
alcohol
license
shall
be
authorized
to
purchase
alcoholic
beverages
as
follows:
(a)
Alcoholic
liquors
in
original
unopened
containers
from
class
“E”
retail
alcohol
licensees
only.
(b)
Wine
from
class
“A”
wine
permittees.
(c)
Wine
from
class
“B”
retail
alcohol
licensees
or
class
“E”
retail
alcohol
licensees
in
quantities
of
less
than
one
case
of
any
wine
brand
in
a
twenty-four—hour
period,
but
not
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
twenty-four-hour
period.
(d)
Beer
from
class
“A”
beer
permittees.
(e)
Beer
from
class
“B”
retail
alcohol
licensees
or
class
“E”
retail
alcohol
licensees
in
quantities
of
not
more
than
five
cases
of
beer,
high
alcoholic
content
beer,
and
canned
cocktails,
but
not
more
than
one
such
purchase
shall
be
made
by
the
licensee
in
a
twenty-four-hour
period.
A
class
“A”
beer
permittee
shall
be
held
harmless
concerning
any
beer
resold
as
authorized
by
this
subparagraph
division.
4.
Notwithstanding
any
provision
of
this
chapter
to
the
Senate
File
2374,
p.
8
contrary,
a
person
holding
a
retail
alcohol
license
to
sell
alcoholic
beverages
for
consumption
on
the
licensed
premises
may
permit
a
customer
to
remove
one
unsealed
bottle
of
wine
for
consumption
off
the
premises
if
the
customer
has
purchased
and
consumed
a
portion
of
the
bottle
of
wine
on
the
licensed
premises.
The
licensee
or
the
licensee’s
agent
shall
securely
reseal
such
bottle
in
a
bag
designed
so
that
it
is
visibly
apparent
that
the
resealed
bottle
of
wine
has
not
been
tampered
with
and
provide
a
dated
receipt
for
the
resealed
bottle
of
wine
to
the
customer.
A
wine
bottle
resealed
pursuant
to
the
requirements
of
this
subsection
is
subject
to
the
requirements
of
sections
321.284
and
321.284A.
A
person
holding
a
retail
alcohol
license
to
sell
alcoholic
beverages
for
consumption
on
the
licensed
premises
may
permit
a
customer
to
carry
an
open
container
of
wine
from
the
person’s
licensed
premises
into
another
immediately
adjacent
licensed
premises
that
is
covered
by
a
license
or
permit
that
authorizes
the
consumption
of
wine,
a
temporarily
closed
public
right-of-way,
or
a
private
place.
Sec.
2.
Section
123.31,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
123.31
Retail
alcohol
licenses
——
application.
1.
A
person
applying
for
a
retail
alcohol
license
shall
submit
a
completed
application
electronically,
or
in
a
manner
prescribed
by
the
administrator,
which
shall
set
forth
under
oath
the
following:
a.
The
name
and
place
of
residence
of
the
applicant.
b.
The
names
and
addresses
of
all
persons
or,
in
the
case
of
a
corporation,
limited
liability
company,
or
any
other
similar
legal
entity,
the
officers,
directors,
and
persons
owning
or
controlling
ten
percent
or
more
of
the
capital
stock
thereof,
having
a
financial
interest,
by
way
of
loan,
ownership,
or
otherwise,
in
the
business.
c.
The
location
of
the
premises
where
the
applicant
intends
to
operate.
d.
The
name
of
the
owner
of
the
premises
and
if
the
owner
of
the
premises
is
not
the
applicant,
whether
the
applicant
is
the
actual
lessee
of
the
premises.
e.
When
required
by
the
administrator,
and
in
such
form
and
containing
such
information
as
the
administrator
may
require,
Senate
File
2374,
p.
9
a
description
of
the
premises
where
the
applicant
intends
to
use
the
license,
to
include
a
sketch
or
drawing
of
the
premises
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
space
which
comprises
the
retail
sales
area
of
the
premises.
f.
Whether
any
person
specified
in
paragraph
“b”
has
ever
been
convicted
of
any
offense
against
the
laws
of
the
United
States,
or
any
state
or
territory
thereof,
or
any
political
subdivision
of
any
such
state
or
territory.
g.
Any
other
information
as
required
by
the
administrator.
2.
The
retail
alcohol
license
shall
only
be
issued
to
an
applicant
who
establishes
all
of
the
following:
a.
That
the
applicant
has
submitted
a
completed
application
as
required
by
subsection
1.
b.
That
the
applicant
is
a
person
of
good
moral
character
as
provided
in
section
123.3,
subsection
40.
c.
That
the
applicant
is
a
citizen
of
the
state
of
Iowa
or,
if
a
corporation,
that
the
applicant
is
authorized
to
do
business
in
the
state.
d.
That
the
premises
where
the
applicant
intends
to
use
the
license
conforms
to
all
applicable
laws,
health
regulations,
and
fire
regulations,
and
constitutes
a
safe
and
proper
place
or
building
and
that
the
applicant
shall
not
have
or
maintain
any
interior
access
to
residential
or
sleeping
quarters
unless
permission
is
granted
by
the
administrator
in
the
form
of
a
living
quarters
permit.
e.
That
the
applicant
gives
consent
to
a
person,
pursuant
to
section
123.30,
subsection
1,
to
enter
upon
the
premises
without
a
warrant
during
the
business
hours
of
the
applicant
to
inspect
for
violations
of
the
provisions
of
this
chapter
or
ordinances
and
regulations
that
local
authorities
may
adopt.
Sec.
3.
NEW
SECTION
.
123.31A
Authority
under
class
“B”,
class
“C”,
special
class
“C”,
and
class
“E”
retail
alcohol
license.
1.
The
holder
of
a
class
“B”,
class
“C”,
special
class
“C”,
or
class
“E”
retail
alcohol
license
shall
be
allowed
to
sell
beer
and
wine
to
consumers
at
retail
for
consumption
off
the
premises.
The
sales
made
pursuant
to
this
section
shall
be
made
in
original
containers
except
as
provided
in
subsection
3.
2.
Every
person
holding
a
class
“B”,
class
“C”,
special
Senate
File
2374,
p.
10
class
“C”,
or
class
“E”
retail
alcohol
license
having
more
than
one
place
of
business
where
beer
and
wine
is
sold
which
places
do
not
constitute
a
single
premises
within
the
meaning
of
section
123.3,
subsection
29,
shall
be
required
to
have
a
separate
license
for
each
separate
place
of
business,
except
as
otherwise
provided
by
this
chapter.
3.
Subject
to
the
rules
of
the
division,
sales
made
pursuant
to
this
section
may
be
made
in
a
container
other
than
the
original
container
only
if
all
of
the
following
requirements
are
met:
a.
The
beer
or
wine
is
transferred
from
the
original
container
to
the
container
to
be
sold
on
the
licensed
premises
at
the
time
of
sale.
b.
The
person
transferring
the
beer
or
wine
from
the
original
container
to
the
container
to
be
sold
shall
be
eighteen
years
of
age
or
older.
c.
The
container
to
be
sold
shall
be
no
larger
than
seventy-two
ounces.
d.
The
container
to
be
sold
shall
be
securely
sealed
by
a
method
authorized
by
the
division
that
is
designed
so
that
if
the
sealed
container
is
reopened
or
the
seal
tampered
with,
it
is
visibly
apparent
that
the
seal
on
the
container
of
beer
or
wine
has
been
tampered
with
or
the
sealed
container
has
otherwise
been
reopened.
4.
A
container
of
beer
or
wine
other
than
the
original
container
that
is
sold
and
sealed
in
compliance
with
the
requirements
of
subsection
3
and
the
division’s
rules
shall
not
be
deemed
an
open
container
subject
to
the
requirements
of
sections
321.284
and
321.284A
if
the
sealed
container
is
unopened
and
the
seal
has
not
been
tampered
with,
and
the
contents
of
the
container
have
not
been
partially
removed.
5.
a.
The
holder
of
a
class
“C”
or
special
class
“C”
retail
alcohol
license,
or
the
licensee’s
agents
or
employees,
shall
not
sell
beer
or
wine
to
other
retail
alcohol
license
holders
knowing
or
having
reasonable
cause
to
believe
that
the
beer
will
be
resold
in
another
licensed
establishment.
b.
A
holder
of
any
retail
alcohol
permit
shall
not
sell
wine
except
wine
which
is
purchased
from
a
person
holding
a
class
“A”
wine
permit
and
on
which
the
tax
imposed
by
section
123.183
Senate
File
2374,
p.
11
has
been
paid.
Sec.
4.
NEW
SECTION
.
123.31B
Authority
under
special
class
“B”
retail
native
wine
license.
1.
A
person
holding
a
special
class
“B”
retail
native
wine
license
may
sell
native
wine
only
at
retail
for
consumption
off
the
premises.
Native
wine
shall
be
sold
for
consumption
off
the
premises
in
original
containers.
2.
A
special
class
“B”
retail
native
wine
licensee
having
more
than
one
place
of
business
where
wine
is
sold
shall
obtain
a
separate
license
for
each
place
of
business.
Sec.
5.
REPEAL.
Sections
123.128,
123.129,
123.131,
123.132,
123.140,
123.178,
123.178A,
and
123.178B,
Code
2022,
are
repealed.
Sec.
6.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
January
1,
2023.
DIVISION
II
ALCOHOLIC
BEVERAGE
CONTROL
FEES
Sec.
7.
Section
123.23,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
Any
manufacturer,
distiller,
or
importer
of
alcoholic
liquors
shipping,
selling,
or
having
alcoholic
liquors
brought
into
this
state
for
resale
by
the
state
shall,
as
a
condition
precedent
to
the
privilege
of
so
trafficking
in
alcoholic
liquors
in
this
state,
annually
make
application
for
and
hold
a
distiller’s
certificate
of
compliance
which
shall
be
issued
by
the
administrator
for
that
purpose.
No
brand
of
alcoholic
liquor
shall
be
sold
by
the
division
in
this
state
unless
the
manufacturer,
distiller,
importer,
and
all
other
persons
participating
in
the
distribution
of
that
brand
in
this
state
have
obtained
a
certificate.
The
certificate
of
compliance
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
application
to
the
administrator
unless
otherwise
suspended
or
revoked
for
cause.
Each
completed
application
for
a
certificate
of
compliance
or
renewal
shall
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
accompanied
by
a
fee
of
fifty
two
hundred
dollars
payable
to
the
division.
However,
this
subsection
need
not
apply
to
a
manufacturer,
distiller,
or
importer
who
ships
or
sells
in
this
state
no
more
Senate
File
2374,
p.
12
than
eleven
gallons
or
its
case
equivalent
during
any
fiscal
year
as
a
result
of
“special
orders”
which
might
be
placed,
as
defined
and
allowed
by
divisional
rules
adopted
under
this
chapter
.
Sec.
8.
Section
123.36,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
123.36
Retail
alcohol
license
fees.
1.
The
following
fees
shall
be
paid
to
the
division
annually
for
retail
alcohol
licenses
issued
under
section
123.30:
a.
Class
“B”
retail
alcohol
license
fees
shall
be
determined
as
follows:
(1)
For
premises
located
within
the
corporate
limits
of
a
city
with
a
population
of
two
thousand
five
hundred
or
less,
a
fee
determined
as
follows:
(a)
For
a
premises
with
a
square
footage
of
one
thousand
five
hundred
or
less,
seventy-five
dollars.
(b)
For
a
premises
with
a
square
footage
of
more
than
one
thousand
five
hundred
but
not
more
than
two
thousand,
one
hundred
fifty
dollars.
(c)
For
a
premises
with
a
square
footage
of
more
than
two
thousand
but
not
more
than
five
thousand,
two
hundred
fifty
dollars.
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
three
hundred
fifty
dollars.
(2)
For
premises
located
within
the
corporate
limits
of
a
city
with
a
population
of
more
than
two
thousand
five
hundred
but
less
than
fifteen
thousand,
a
fee
determined
as
follows:
(a)
For
a
premises
with
a
square
footage
of
one
thousand
five
hundred
or
less,
one
hundred
fifty
dollars.
(b)
For
a
premises
with
a
square
footage
of
more
than
one
thousand
five
hundred
but
not
more
than
two
thousand,
two
hundred
fifty
dollars.
(c)
For
a
premises
with
a
square
footage
of
more
than
two
thousand
but
not
more
than
five
thousand,
three
hundred
fifty
dollars.
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
five
hundred
dollars.
(3)
For
premises
located
within
the
corporate
limits
of
a
city
with
a
population
of
fifteen
thousand
or
more,
a
fee
Senate
File
2374,
p.
13
determined
as
follows:
(a)
For
a
premises
with
a
square
footage
of
one
thousand
five
hundred
or
less,
two
hundred
fifty
dollars.
(b)
For
a
premises
with
a
square
footage
of
more
than
one
thousand
five
hundred
but
not
more
than
two
thousand,
three
hundred
fifty
dollars.
(c)
For
a
premises
with
a
square
footage
of
more
than
two
thousand
but
not
more
than
five
thousand,
five
hundred
dollars.
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
seven
hundred
fifty
dollars.
(4)
For
premises
located
outside
the
corporate
limits
of
any
city,
a
fee
equal
to
that
charged
to
a
premises
with
the
same
square
footage
in
the
incorporated
city
located
nearest
the
premises
to
be
licensed.
If
there
is
doubt
as
to
which
of
two
or
more
differing
corporate
limits
is
the
nearest,
the
license
fee
which
is
the
largest
shall
prevail.
However,
if
the
premises
is
located
in
an
unincorporated
town,
for
purposes
of
this
paragraph,
the
unincorporated
town
shall
be
treated
as
if
it
is
a
city.
b.
Special
class
“B”
retail
native
wine
license
fees
shall
be
one
hundred
twenty-five
dollars.
c.
Class
“C”
retail
alcohol
license
fees
shall
be
determined
as
follows:
(1)
Commercial
establishments
located
within
the
corporate
limits
of
cities
of
two
thousand
five
hundred
population
or
less,
five
hundred
fifty
dollars.
(2)
Commercial
establishments
located
within
the
corporate
limits
of
cities
of
over
two
thousand
five
hundred
and
less
than
fifteen
thousand
population,
nine
hundred
dollars.
(3)
Commercial
establishments
located
within
the
corporate
limits
of
cities
of
fifteen
thousand
population
and
over,
one
thousand
two
hundred
fifty
dollars.
(4)
Commercial
establishments
located
outside
the
corporate
limits
of
any
city,
a
fee
equal
to
that
charged
in
the
incorporated
city
located
nearest
the
premises
to
be
licensed,
and
in
case
there
is
doubt
as
to
which
of
two
or
more
differing
corporate
limits
is
the
nearest,
the
license
fee
which
is
the
largest
shall
prevail.
However,
if
a
commercial
establishment
is
located
in
an
unincorporated
town,
for
purposes
of
this
Senate
File
2374,
p.
14
paragraph,
the
unincorporated
town
shall
be
treated
as
if
it
is
a
city.
d.
Special
class
“C”
retail
alcohol
license
fees
shall
be
determined
as
follows:
(1)
Commercial
establishments
located
within
the
corporate
limits
of
cities
of
two
thousand
five
hundred
population
or
less,
one
hundred
fifty
dollars.
(2)
Commercial
establishments
located
within
the
corporate
limits
of
cities
of
over
two
thousand
five
hundred
and
less
than
fifteen
thousand
population,
three
hundred
dollars.
(3)
Commercial
establishments
located
within
the
corporate
limits
of
cities
of
fifteen
thousand
population
and
over,
four
hundred
fifty
dollars.
(4)
Commercial
establishments
located
outside
the
corporate
limits
of
any
city,
a
fee
equal
to
that
charged
in
the
incorporated
city
located
nearest
the
premises
to
be
licensed,
and
in
case
there
is
doubt
as
to
which
of
two
or
more
differing
corporate
limits
is
the
nearest,
the
license
fee
which
is
the
largest
shall
prevail.
However,
if
a
commercial
establishment
is
located
in
an
unincorporated
town,
for
purposes
of
this
paragraph,
the
unincorporated
town
shall
be
treated
as
if
it
is
a
city.
e.
Class
“D”
retail
alcohol
license
fees
shall
be
determined
as
follows:
(1)
For
watercraft,
one
hundred
fifty
dollars.
(2)
For
trains,
five
hundred
dollars.
(3)
For
air
common
carriers,
each
company
shall
pay
five
hundred
dollars.
f.
Class
“E”
retail
alcohol
license
fees
shall
be
determined
as
follows:
(1)
For
premises
located
within
the
corporate
limits
of
a
city
with
a
population
of
two
thousand
five
hundred
or
less,
a
fee
determined
as
follows:
(a)
For
a
premises
with
a
square
footage
of
one
thousand
five
hundred
or
less,
seven
hundred
fifty
dollars.
(b)
For
a
premises
with
a
square
footage
of
more
than
one
thousand
five
hundred
but
not
more
than
two
thousand,
one
thousand
five
hundred
dollars.
(c)
For
a
premises
with
a
square
footage
of
more
than
two
Senate
File
2374,
p.
15
thousand
but
not
more
than
five
thousand,
two
thousand
five
hundred
dollars.
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
three
thousand
five
hundred
dollars.
(2)
For
premises
located
within
the
corporate
limits
of
a
city
with
a
population
of
more
than
two
thousand
five
hundred
but
less
than
fifteen
thousand,
a
fee
determined
as
follows:
(a)
For
a
premises
with
a
square
footage
of
one
thousand
five
hundred
or
less,
one
thousand
five
hundred
dollars.
(b)
For
a
premises
with
a
square
footage
of
more
than
one
thousand
five
hundred
but
not
more
than
two
thousand,
two
thousand
five
hundred
dollars.
(c)
For
a
premises
with
a
square
footage
of
more
than
two
thousand
but
not
more
than
five
thousand,
three
thousand
five
hundred
dollars.
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
five
thousand
dollars.
(3)
For
premises
located
within
the
corporate
limits
of
a
city
with
a
population
of
fifteen
thousand
or
more,
a
fee
determined
as
follows:
(a)
For
a
premises
with
a
square
footage
of
one
thousand
five
hundred
or
less,
two
thousand
five
hundred
dollars.
(b)
For
a
premises
with
a
square
footage
of
more
than
one
thousand
five
hundred
but
not
more
than
two
thousand,
three
thousand
five
hundred
dollars.
(c)
For
a
premises
with
a
square
footage
of
more
than
two
thousand
but
not
more
than
five
thousand,
five
thousand
dollars.
(d)
For
a
premises
with
a
square
footage
over
five
thousand,
seven
thousand
five
hundred
dollars.
(4)
For
premises
located
outside
the
corporate
limits
of
any
city,
a
fee
equal
to
that
charged
to
a
premises
with
the
same
square
footage
in
the
incorporated
city
located
nearest
the
premises
to
be
licensed.
If
there
is
doubt
as
to
which
of
two
or
more
differing
corporate
limits
is
the
nearest,
the
license
fee
which
is
the
largest
shall
prevail.
However,
if
the
premises
is
located
in
an
unincorporated
town,
for
purposes
of
this
paragraph,
the
unincorporated
town
shall
be
treated
as
if
it
is
a
city.
Senate
File
2374,
p.
16
g.
Class
“F”
retail
alcohol
license
fees
shall
be
six
hundred
dollars,
except
that
for
class
“F”
licenses
in
cities
of
less
than
two
thousand
population,
and
for
clubs
of
less
than
two
hundred
fifty
members,
the
license
fee
shall
be
four
hundred
dollars;
however,
the
fee
shall
be
two
hundred
dollars
for
any
club
which
is
a
post,
branch,
or
chapter
of
a
veterans
organization
chartered
by
the
Congress
of
the
United
States,
if
the
club
does
not
sell
or
permit
the
consumption
of
alcoholic
beverages
on
the
premises
more
than
one
day
in
any
week
or
more
than
a
total
of
fifty-two
days
in
a
year,
and
if
the
application
for
a
license
states
that
the
club
does
not
and
will
not
sell
or
permit
the
consumption
of
alcoholic
beverages
on
the
premises
more
than
one
day
in
any
week
or
more
than
a
total
of
fifty-two
days
in
a
year.
2.
The
division
shall
credit
all
fees
to
the
beer
and
liquor
control
fund.
The
division
shall
remit
to
the
appropriate
local
authority
a
sum
equal
to
sixty-five
percent
of
the
fees
collected
for
each
class
“B”,
class
“C”,
or
class
“F”
license
except
special
class
“C”
licenses
or
class
“E”
licenses,
covering
premises
located
within
the
local
authority’s
jurisdiction.
The
division
shall
remit
to
the
appropriate
local
authority
a
sum
equal
to
seventy-five
percent
of
the
fees
collected
for
each
special
class
“C”
license
covering
premises
located
within
the
local
authority’s
jurisdiction.
Those
fees
collected
for
each
class
“E”
retail
alcohol
license
shall
be
credited
to
the
beer
and
liquor
control
fund.
3.
There
is
imposed
a
surcharge
on
the
fee
for
each
class
“C”,
special
class
“C”,
or
class
“F”
retail
alcohol
license
equal
to
thirty
percent
of
the
scheduled
license
fee.
The
surcharges
collected
under
this
subsection
shall
be
deposited
in
the
beer
and
liquor
control
fund,
and
notwithstanding
subsection
2,
no
portion
of
the
surcharges
collected
under
this
subsection
shall
be
remitted
to
the
local
authority.
Sec.
9.
Section
123.41,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
Each
completed
application
to
obtain
or
renew
a
manufacturer’s
license
shall
be
submitted
to
the
division
electronically,
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
accompanied
by
a
fee
of
three
hundred
fifty
Senate
File
2374,
p.
17
dollars
payable
to
the
division.
The
administrator
may
in
accordance
with
this
chapter
grant
and
issue
to
a
manufacturer
a
manufacturer’s
license,
valid
for
a
one-year
period
after
date
of
issuance,
which
shall
allow
the
manufacture,
storage,
and
wholesale
disposition
and
sale
of
alcoholic
liquors
to
the
division
and
to
customers
outside
of
the
state.
Sec.
10.
Section
123.43,
subsection
3,
Code
2022,
is
amended
to
read
as
follows:
3.
A
class
“A”
native
distilled
spirits
license
for
a
native
distillery
shall
be
issued
and
renewed
annually
upon
payment
of
a
fee
of
five
three
hundred
dollars.
Sec.
11.
Section
123.134,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
123.134
Beer
permit
fees.
1.
The
annual
permit
fee
for
a
class
“A”
beer
permit
is
seven
hundred
fifty
dollars.
2.
The
annual
permit
fee
for
a
class
“A”
beer
permit
for
a
native
brewery
is
three
hundred
dollars.
3.
The
annual
permit
fee
for
a
special
class
“A”
beer
permit
is
three
hundred
dollars.
Sec.
12.
Section
123.135,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
A
manufacturer,
brewer,
bottler,
importer,
or
vendor
of
beer,
or
any
agent
thereof,
desiring
to
ship
or
sell
beer,
or
have
beer
brought
into
this
state
for
resale
by
a
class
“A”
beer
permittee,
shall
first
make
application
for
and
be
issued
a
brewer’s
certificate
of
compliance
by
the
administrator
for
that
purpose.
The
certificate
of
compliance
expires
at
the
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
application
to
the
administrator
unless
otherwise
revoked
for
cause.
Each
completed
application
for
a
certificate
of
compliance
or
renewal
of
a
certificate
shall
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
accompanied
by
a
fee
of
five
two
hundred
dollars
payable
to
the
division.
Each
holder
of
a
certificate
of
compliance
shall
furnish
the
information
in
a
manner
the
administrator
requires.
Sec.
13.
Section
123.179,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
Senate
File
2374,
p.
18
123.179
Wine
permit
and
license
fees.
1.
The
annual
permit
fee
for
a
class
“A”
wine
permit
that
is
not
issued
to
a
native
wine
manufacturer
is
seven
hundred
fifty
dollars.
2.
The
annual
permit
fee
for
a
class
“A”
wine
permit
issued
to
a
native
wine
manufacturer
is
one
hundred
dollars.
3.
The
fee
for
a
charity
beer,
spirits,
and
wine
special
event
license
is
one
hundred
dollars.
Sec.
14.
Section
123.180,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
A
manufacturer,
vintner,
bottler,
importer,
or
vendor
of
wine,
or
an
agent
thereof,
desiring
to
ship,
sell,
or
have
wine
brought
into
this
state
for
sale
at
wholesale
by
a
class
“A”
permittee
shall
first
make
application
for
and
shall
be
issued
a
vintner’s
certificate
of
compliance
by
the
administrator
for
that
purpose.
The
vintner’s
certificate
of
compliance
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
application
to
the
administrator
unless
otherwise
revoked
for
cause.
Each
completed
application
for
a
vintner’s
certificate
of
compliance
or
renewal
of
a
certificate
shall
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
administrator,
and
shall
be
accompanied
by
a
fee
of
one
two
hundred
dollars
payable
to
the
division.
Each
holder
of
a
vintner’s
certificate
of
compliance
shall
furnish
the
information
required
by
the
administrator
in
the
form
the
administrator
requires.
A
vintner
or
wine
bottler
whose
plant
is
located
in
Iowa
and
who
otherwise
holds
a
class
“A”
wine
permit
to
sell
wine
at
wholesale
is
exempt
from
the
fee,
but
not
the
other
terms
and
conditions.
The
holder
of
a
vintner’s
certificate
of
compliance
may
also
hold
a
class
“A”
wine
permit.
Sec.
15.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
January
1,
2023.
DIVISION
III
ALCOHOLIC
BEVERAGE
CONTROL
Sec.
16.
Section
123.3,
subsections
9,
11,
22,
29,
and
30,
Code
2022,
are
amended
to
read
as
follows:
9.
“Brewpub”
means
a
commercial
establishment
authorized
to
sell
beer
at
retail
for
consumption
on
or
off
the
premises
that
Senate
File
2374,
p.
19
is
operated
by
a
person
who
holds
a
class
“C”
liquor
control
or
special
class
“C”
retail
alcohol
license
or
a
class
“B”
beer
permit
and
who
also
holds
a
special
class
“A”
beer
permit
that
authorizes
the
holder
to
manufacture
and
sell
beer
pursuant
to
this
chapter
.
11.
“Canned
cocktail”
means
a
mixed
drink
or
cocktail
that
is
premixed
and
packaged
in
a
metal
can
and
contains
more
than
six
and
twenty-five
hundredths
one-half
of
one
percent
of
alcohol
by
volume
but
not
more
than
fifteen
percent
of
alcohol
by
volume.
A
mixed
drink
or
cocktail
mixed
and
packaged
in
a
metal
can
pursuant
to
section
123.49,
subsection
2
,
paragraph
“d”
,
subparagraph
(3),
shall
not
be
considered
a
canned
cocktail.
22.
“High
alcoholic
content
beer”
means
beer
which
contains
more
than
six
and
twenty-five
hundredths
percent
of
alcohol
by
volume,
but
not
more
than
fifteen
nineteen
percent
of
alcohol
by
volume,
that
is
made
by
the
fermentation
of
an
infusion
in
potable
water
of
barley,
malt,
and
hops,
with
or
without
unmalted
grains
or
decorticated
and
degerminated
grains.
Not
more
than
one
and
five-tenths
percent
of
the
volume
of
a
“high
alcoholic
content
beer”
may
consist
of
alcohol
derived
from
added
flavors
and
other
nonbeverage
ingredients
containing
alcohol.
The
added
flavors
and
other
nonbeverage
ingredients
may
not
include
added
caffeine
or
other
added
stimulants
including
but
not
limited
to
guarana,
ginseng,
and
taurine.
29.
“Licensed
premises”
or
“premises”
means
all
rooms,
enclosures,
contiguous
areas,
or
places
susceptible
of
precise
description
satisfactory
to
the
administrator
where
alcoholic
beverages,
wine,
or
beer
is
sold
or
consumed
under
authority
of
a
liquor
control
retail
alcohol
license,
wine
permit,
or
beer
permit.
A
single
licensed
premises
may
consist
of
multiple
rooms,
enclosures,
areas,
or
places
if
they
are
wholly
within
the
confines
of
a
single
building
or
contiguous
grounds.
30.
“Local
authority”
means
the
city
council
of
any
incorporated
city
in
this
state,
or
the
county
board
of
supervisors
of
any
county
in
this
state,
which
is
empowered
by
this
chapter
to
approve
or
deny
applications
for
retail
beer
or
wine
permits
and
liquor
control
alcohol
licenses;
empowered
to
recommend
that
such
permits
or
licenses
be
granted
and
issued
Senate
File
2374,
p.
20
by
the
division;
and
empowered
to
take
other
actions
reserved
to
them
by
this
chapter
.
Sec.
17.
Section
123.3,
subsection
40,
paragraph
b,
Code
2022,
is
amended
to
read
as
follows:
b.
The
person
is
not
prohibited
by
section
123.40
from
obtaining
a
liquor
control
retail
alcohol
license
or
a
wine
or
beer
permit.
Sec.
18.
Section
123.3,
subsection
45,
Code
2022,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
45.
“Retail
alcohol
license”
means
a
class
“B”,
class
“C”,
special
class
“C”,
class
“D”,
class
“E”,
or
class
“F”
retail
alcohol
license,
or
a
special
class
“B”
retail
native
wine
license
issued
under
this
chapter.
Sec.
19.
Section
123.3,
subsection
46,
Code
2022,
is
amended
by
striking
the
subsection.
Sec.
20.
Section
123.9,
subsections
5
and
7,
Code
2022,
are
amended
to
read
as
follows:
5.
To
grant
and
issue
beer
permits,
wine
permits,
liquor
control
retail
alcohol
licenses,
and
other
licenses;
and
to
suspend
or
revoke
all
such
permits
and
licenses
for
cause
under
this
chapter
.
7.
To
accept
alcoholic
liquors
ordered
delivered
to
the
alcoholic
beverages
division
pursuant
to
chapter
809A
,
and
offer
for
sale
and
deliver
the
alcoholic
liquors
to
class
“E”
liquor
control
retail
alcohol
licensees,
unless
the
administrator
determines
that
the
alcoholic
liquors
may
be
adulterated
or
contaminated.
If
the
administrator
determines
that
the
alcoholic
liquors
may
be
adulterated
or
contaminated,
the
administrator
shall
order
their
destruction.
Sec.
21.
Section
123.10,
subsections
3,
6,
and
14,
Code
2022,
are
amended
to
read
as
follows:
3.
Regulating
the
purchase
of
alcoholic
liquor
generally
and
the
furnishing
of
the
liquor
to
class
“E”
liquor
control
retail
alcohol
licensees
under
this
chapter
,
and
determining
the
classes,
varieties,
and
brands
of
alcoholic
liquors
to
be
kept
in
state
warehouses.
6.
Providing
for
the
issuance
and
electronic
distribution
of
price
lists
which
show
the
price
to
be
paid
by
class
“E”
Senate
File
2374,
p.
21
liquor
control
retail
alcohol
licensees
for
each
brand,
class,
or
variety
of
liquor
kept
for
sale
by
the
division,
providing
for
the
filing
or
posting
of
prices
charged
in
sales
between
class
“A”
beer
and
class
“A”
wine
permit
holders
and
retailers,
as
provided
in
this
chapter
,
and
establishing
or
controlling
the
prices
based
on
minimum
standards
of
fill,
quantity,
or
alcoholic
content
for
each
individual
sale
of
alcoholic
beverages
as
deemed
necessary
for
retail
or
consumer
protection.
However,
the
division
shall
not
regulate
markups,
prices,
discounts,
allowances,
or
other
terms
of
sale
at
which
alcoholic
liquor
may
be
purchased
by
the
retail
public
or
liquor
control
retail
alcohol
licensees
from
class
“E”
liquor
control
retail
alcohol
licensees
or
at
which
wine
may
be
purchased
and
sold
by
class
“A”
and
retail
wine
permittees,
or
change,
nullify,
or
vary
the
terms
of
an
agreement
between
a
holder
of
a
vintner
certificate
of
compliance
and
a
class
“A”
wine
permittee.
14.
Prescribing
the
uniform
fee
to
be
assessed
against
a
class
“B”
beer
permittee,
class
“C”
native
wine
permittee,
or
liquor
control
retail
alcohol
licensee,
except
a
class
“B”,
special
class
“B”,
or
class
“E”
liquor
control
retail
alcohol
licensee,
to
cover
the
administrative
costs
incurred
by
the
division
resulting
from
the
failure
of
the
licensee
or
permittee
to
maintain
dramshop
liability
insurance
coverage
pursuant
to
section
123.92,
subsection
2
,
paragraph
“a”
.
Sec.
22.
Section
123.15,
Code
2022,
is
amended
to
read
as
follows:
123.15
Favors
from
licensee
or
permittee.
A
person
responsible
for
the
administration
or
enforcement
of
this
chapter
shall
not
accept
or
solicit
donations,
gratuities,
political
advertising,
gifts,
or
other
favors,
directly
or
indirectly,
from
any
liquor
control
retail
alcohol
licensee,
wine
permittee,
or
beer
permittee.
Sec.
23.
Section
123.16,
subsections
6
and
7,
Code
2022,
are
amended
to
read
as
follows:
6.
The
number
of
liquor
control
retail
alcohol
licenses,
wine
permits,
and
beer
permits
issued,
by
class,
the
number
in
effect
on
the
last
day
included
in
the
report,
and
the
number
which
have
been
suspended
or
revoked
during
the
period
covered
Senate
File
2374,
p.
22
by
the
report.
7.
Amount
of
fees
paid
to
the
division
from
liquor
control
retail
alcohol
licenses,
wine
permits,
and
beer
permits,
in
gross,
and
the
amount
of
liquor
control
retail
alcohol
license
fees
returned
to
local
subdivisions
of
government
as
provided
under
this
chapter
.
Sec.
24.
Section
123.22,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
The
division
has
the
exclusive
right
of
importation
into
the
state
of
all
forms
of
alcoholic
liquor,
except
as
otherwise
provided
in
this
chapter
,
and
a
person
shall
not
import
alcoholic
liquor,
except
that
an
individual
of
legal
age
may
import
and
have
in
the
individual’s
possession
an
amount
of
alcoholic
liquor
not
exceeding
nine
liters
per
calendar
month
that
the
individual
personally
obtained
outside
the
state.
Alcoholic
liquor
imported
by
an
individual
pursuant
to
this
subsection
shall
be
for
personal
consumption
only
in
a
private
home
or
other
private
accommodation.
A
distillery
shall
not
sell
alcoholic
liquor
within
the
state
to
any
person
but
only
to
the
division,
except
as
otherwise
provided
in
this
chapter
.
This
section
vests
in
the
division
exclusive
control
within
the
state
as
purchaser
of
all
alcoholic
liquor
sold
by
distilleries
within
the
state
or
imported,
except
beer
and
wine,
and
except
as
otherwise
provided
in
this
chapter
.
The
division
shall
receive
alcoholic
liquor
on
a
bailment
system
for
resale
by
the
division
in
the
manner
set
forth
in
this
chapter
.
The
division
shall
act
as
the
sole
wholesaler
of
alcoholic
liquor
to
class
“E”
liquor
control
retail
alcohol
licensees.
Sec.
25.
Section
123.24,
Code
2022,
is
amended
to
read
as
follows:
123.24
Alcoholic
liquor
sales
by
the
division
——
dishonored
payments
——
liquor
prices.
1.
The
division
shall
sell
alcoholic
liquor
at
wholesale
only.
The
division
shall
sell
alcoholic
liquor
to
class
“E”
liquor
control
retail
alcohol
licensees
only.
The
division
shall
offer
the
same
price
on
alcoholic
liquor
to
all
class
“E”
liquor
control
retail
alcohol
licensees
without
regard
for
the
quantity
of
purchase
or
the
distance
for
delivery.
2.
The
price
of
alcoholic
liquor
sold
by
the
division
shall
Senate
File
2374,
p.
23
consist
of
the
following:
a.
The
manufacturer’s
price.
b.
A
markup
of
up
to
fifty
percent
of
the
wholesale
price
paid
by
the
division
for
the
alcoholic
liquor.
The
division
may
increase
the
markup
on
selected
kinds
of
alcoholic
liquor
sold
by
the
division
if
the
average
return
to
the
division
on
all
sales
of
alcoholic
liquor
does
not
exceed
the
wholesale
price
paid
by
the
division
and
the
fifty
percent
markup.
c.
A
split
case
charge
in
an
amount
determined
by
the
division
when
alcoholic
liquor
is
sold
in
quantities
which
require
a
case
to
be
split.
d.
A
bottle
surcharge
in
an
amount
sufficient,
when
added
to
the
amount
not
refunded
to
class
“E”
liquor
control
retail
alcohol
licensees
pursuant
to
section
455C.2
,
to
pay
the
costs
incurred
by
the
division
for
collecting
and
properly
disposing
of
the
liquor
containers.
The
amount
collected
pursuant
to
this
paragraph,
in
addition
to
any
amounts
not
refunded
to
class
“E”
liquor
control
retail
alcohol
licensees
pursuant
to
section
455C.2
,
shall
be
deposited
in
the
beer
and
liquor
control
fund
established
under
section
123.17
.
3.
a.
The
division
may
accept
from
a
class
“E”
liquor
control
retail
alcohol
licensee
electronic
funds
transferred
by
automated
clearing
house,
wire
transfer,
or
another
method
deemed
acceptable
by
the
administrator,
in
payment
of
alcoholic
liquor.
If
a
payment
is
subsequently
dishonored,
the
division
shall
cause
a
notice
of
nonpayment
and
penalty
to
be
served
upon
the
class
“E”
liquor
control
retail
alcohol
licensee
or
upon
any
person
in
charge
of
the
licensed
premises.
The
notice
shall
state
that
if
payment
or
satisfaction
for
the
dishonored
payment
is
not
made
within
ten
days
of
the
service
of
notice,
the
licensee’s
liquor
control
retail
alcohol
license
may
be
suspended
under
section
123.39
.
The
notice
of
nonpayment
and
penalty
shall
be
in
a
form
prescribed
by
the
administrator,
and
shall
be
sent
by
certified
mail.
b.
If
upon
notice
and
hearing
under
section
123.39
and
pursuant
to
the
provisions
of
chapter
17A
concerning
a
contested
case
hearing,
the
administrator
determines
that
the
class
“E”
liquor
control
retail
alcohol
licensee
failed
to
satisfy
the
obligation
for
which
the
payment
was
issued
within
Senate
File
2374,
p.
24
ten
days
after
the
notice
of
nonpayment
and
penalty
was
served
on
the
licensee
as
provided
in
paragraph
“a”
of
this
subsection
,
the
administrator
may
suspend
the
licensee’s
class
“E”
liquor
control
retail
alcohol
license
for
a
period
not
to
exceed
ten
days.
4.
The
administrator
may
refuse
to
sell
alcoholic
liquor
to
a
class
“E”
liquor
control
retail
alcohol
licensee
who
tenders
a
payment
which
is
subsequently
dishonored
until
the
outstanding
obligation
is
satisfied.
Sec.
26.
Section
123.26,
Code
2022,
is
amended
to
read
as
follows:
123.26
Restrictions
on
sales
——
seals
——
labeling.
Alcoholic
liquor
shall
not
be
sold
by
a
class
“E”
liquor
control
retail
alcohol
licensee
except
in
a
sealed
container
with
identifying
markers
as
prescribed
by
the
administrator
and
affixed
in
the
manner
prescribed
by
the
administrator,
and
no
such
container
shall
be
opened
upon
the
premises
of
a
state
warehouse.
The
division
shall
cooperate
with
the
department
of
natural
resources
so
that
only
one
identifying
marker
or
mark
is
needed
to
satisfy
the
requirements
of
this
section
and
section
455C.5,
subsection
1
.
Possession
of
alcoholic
liquors
which
do
not
carry
the
prescribed
identifying
markers
is
a
violation
of
this
chapter
except
as
provided
in
section
123.22
.
Sec.
27.
Section
123.28,
subsections
2
and
5,
Code
2022,
are
amended
to
read
as
follows:
2.
The
division
shall
deliver
alcoholic
liquor
purchased
by
class
“E”
liquor
control
retail
alcohol
licensees.
Class
“E”
liquor
control
retail
alcohol
licensees
may
deliver
alcoholic
liquor
purchased
by
class
“A”,
class
“B”,
class
“C”,
class
“C”
native
distilled
spirits,
or
class
“D”
liquor
control
,
or
class
“F”
retail
alcohol
licensees,
and
class
“A”,
class
“B”,
class
“C”,
class
“C”
native
distilled
spirits,
or
class
“D”
liquor
control
,
or
class
“F”
retail
alcohol
licensees
may
transport
alcoholic
liquor
purchased
from
class
“E”
liquor
control
retail
alcohol
licensees.
5.
This
section
does
not
affect
the
right
of
a
liquor
control
retail
alcohol
license
holder
to
purchase,
possess,
or
transport
alcoholic
liquors
subject
to
this
chapter
.
Sec.
28.
Section
123.32,
Code
2022,
is
amended
to
read
as
Senate
File
2374,
p.
25
follows:
123.32
Action
by
local
authorities
and
division
on
applications
for
liquor
control
retail
alcohol
licenses,
native
distilled
spirits
licenses,
and
wine
and
beer
permits.
1.
Filing
of
application.
a.
A
completed
application
for
a
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
class
“C”
native
distilled
spirits,
or
class
“E”
liquor
control
retail
alcohol
license
as
provided
in
section
123.31
,
for
a
retail
beer
permit
as
provided
in
sections
123.128
and
123.129
,
or
for
a
class
“B”,
class
“B”
native,
or
class
“C”
native
retail
wine
permit
as
provided
in
section
123.175
except
a
class
“D”
retail
alcohol
license
,
shall
be
filed
with
the
appropriate
city
council
if
the
premises
for
which
the
license
or
permit
is
sought
are
located
within
the
corporate
limits
of
a
city,
or
with
the
board
of
supervisors
if
the
premises
for
which
the
license
or
permit
is
sought
are
located
outside
the
corporate
limits
of
a
city.
b.
A
completed
application
for
a
class
“D”
liquor
control
retail
alcohol
license
and
for
any
of
the
following
certificates,
licenses,
or
permits
shall
be
submitted
to
the
division
electronically,
or
in
a
manner
prescribed
by
the
administrator,
which
shall
proceed
in
the
same
manner
as
in
the
case
of
an
application
approved
by
local
authorities:
(1)
A
certificate
of
compliance
as
provided
in
sections
123.23
,
123.135
,
and
123.180
.
(2)
A
class
“D”
liquor
control
retail
alcohol
license
as
provided
in
section
123.31
.
(3)
A
manufacturer’s
license
as
provided
in
section
123.41
.
(4)
A
broker’s
permit
as
provided
in
section
123.42
.
(5)
A
class
“A”
native
distilled
spirits
license
as
provided
in
section
123.43
.
(6)
A
class
“A”
or
special
class
“A”
beer
permit
as
provided
in
section
123.127
.
(7)
A
charity
beer,
spirits,
and
wine
auction
permit
special
event
license
as
provided
in
section
123.173A
.
(8)
A
charity
beer,
spirits,
and
wine
event
permit
as
provided
in
section
123.173B
.
(9)
(8)
A
class
“A”
wine
permit
as
provided
in
section
123.175
.
Senate
File
2374,
p.
26
(10)
(9)
A
wine
direct
shipper’s
permit
as
provided
in
section
123.187
.
(11)
(10)
A
wine
carrier
permit
as
provided
in
section
123.188
.
2.
Action
by
local
authorities.
The
local
authority
shall
either
approve
or
disapprove
the
issuance
of
a
liquor
control
retail
alcohol
license,
a
retail
wine
permit,
or
a
retail
beer
permit,
shall
endorse
its
approval
or
disapproval
on
the
application,
and
shall
forward
the
application
with
the
necessary
fee
and
bond,
if
required,
to
the
division.
There
is
no
limit
upon
the
number
of
liquor
control
retail
alcohol
licenses
,
retail
wine
permits,
or
retail
beer
permits
which
may
be
approved
for
issuance
by
local
authorities.
3.
Licensed
premises
for
local
events.
A
local
authority
may
define,
by
motion
of
the
local
authority,
licensed
premises
which
shall
be
used
by
holders
of
liquor
control
retail
alcohol
licenses
,
beer
permits,
and
wine
permits
at
festivals,
fairs,
or
celebrations
which
are
sponsored
or
authorized
by
the
local
authority.
The
licensed
premises
defined
by
motion
of
the
local
authority
shall
be
used
by
the
holders
of
five-day
or
fourteen-day
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
“D”
liquor
control
,
or
class
“F”
retail
alcohol
licenses
,
or
five-day
or
fourteen-day
class
“B”
or
class
“C”
native
wine
permits,
or
class
“B”
beer
permits
only
.
4.
Security
employee
training.
A
local
authority,
as
a
condition
of
obtaining
and
holding
a
license
or
permit
for
on-premises
consumption,
may
require
a
designated
security
employee
as
defined
in
section
123.3
to
be
trained
and
certified
in
security
methods.
The
training
shall
include
but
is
not
limited
to
de-escalation
techniques,
anger
management
techniques,
civil
rights
or
unfair
practices
awareness
as
provided
in
section
216.7
,
recognition
of
fake
or
altered
identification,
information
on
laws
applicable
to
the
serving
of
alcohol
at
a
licensed
premises,
use
of
force
and
techniques
for
safely
removing
patrons,
and
instruction
on
the
proper
physical
restraint
methods
used
against
a
person
who
has
become
combative.
5.
Occupancy
rates.
A
local
authority
located
in
a
county
with
a
population
that
exceeds
three
hundred
thousand
persons,
Senate
File
2374,
p.
27
as
a
condition
of
obtaining
and
holding
a
license
or
permit
for
on-premises
consumption,
shall
require
the
applicant
,
or
licensee
,
or
permittee
to
provide,
and
update
if
necessary,
the
occupancy
rate
of
the
licensed
premises.
6.
Action
by
administrator.
a.
Upon
receipt
of
an
application
having
been
disapproved
by
the
local
authority,
the
administrator
shall
notify
the
applicant
that
the
applicant
may
appeal
the
disapproval
of
the
application
to
the
administrator.
The
applicant
shall
be
notified
by
certified
mail
or
personal
service,
and
the
application,
the
fee,
and
any
bond
shall
be
returned
to
the
applicant.
b.
Upon
receipt
of
an
application
having
been
approved
by
the
local
authority,
the
division
shall
make
an
investigation
as
the
administrator
deems
necessary
to
determine
that
the
applicant
complies
with
all
requirements
for
holding
a
license
or
permit
,
and
may
require
the
applicant
to
appear
to
be
examined
under
oath
to
demonstrate
that
the
applicant
complies
with
all
of
the
requirements
to
hold
a
license
or
permit
.
If
the
administrator
requires
the
applicant
to
appear
and
to
testify
under
oath,
a
record
shall
be
made
of
all
testimony
or
evidence
and
the
record
shall
become
a
part
of
the
application.
The
administrator
may
appoint
a
member
of
the
division
or
may
request
an
administrative
law
judge
of
the
department
of
inspections
and
appeals
to
receive
the
testimony
under
oath
and
evidence,
and
to
issue
a
proposed
decision
to
approve
or
disapprove
the
application
for
a
license
or
permit
.
The
administrator
may
affirm,
reverse,
or
modify
the
proposed
decision
to
approve
or
disapprove
the
application
for
the
license
or
permit
.
If
the
application
is
approved
by
the
administrator,
the
license
or
permit
shall
be
issued.
If
the
application
is
disapproved
by
the
administrator,
the
applicant
shall
be
so
notified
by
certified
mail
or
personal
service
and
the
appropriate
local
authority
shall
be
notified
electronically,
or
in
a
manner
prescribed
by
the
administrator.
7.
Appeal
to
administrator.
An
applicant
for
a
liquor
control
retail
alcohol
license
,
wine
permit,
or
beer
permit
may
appeal
from
the
local
authority’s
disapproval
of
an
application
for
a
license
or
permit
to
the
administrator.
In
the
appeal
Senate
File
2374,
p.
28
the
applicant
shall
be
allowed
the
opportunity
to
demonstrate
in
an
evidentiary
hearing
conducted
pursuant
to
chapter
17A
that
the
applicant
complies
with
all
of
the
requirements
for
holding
the
license
or
permit.
The
administrator
may
appoint
a
member
of
the
division
or
may
request
an
administrative
law
judge
from
the
department
of
inspections
and
appeals
to
conduct
the
evidentiary
hearing
and
to
render
a
proposed
decision
to
approve
or
disapprove
the
issuance
of
the
license
or
permit.
The
administrator
may
affirm,
reverse,
or
modify
the
proposed
decision.
If
the
administrator
determines
that
the
applicant
complies
with
all
of
the
requirements
for
holding
a
license
or
permit,
the
administrator
shall
order
the
issuance
of
the
license
or
permit.
If
the
administrator
determines
that
the
applicant
does
not
comply
with
the
requirements
for
holding
a
license
or
permit,
the
administrator
shall
disapprove
the
issuance
of
the
license
or
permit.
8.
Judicial
review.
The
applicant
or
the
local
authority
may
seek
judicial
review
of
the
action
of
the
administrator
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Notwithstanding
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
,
petitions
for
judicial
review
may
be
filed
in
the
district
court
of
the
county
where
the
premises
covered
by
the
application
are
situated.
9.
Suspension
by
local
authority.
A
liquor
control
retail
alcohol
licensee
or
a
wine
or
beer
permittee
whose
license
or
permit
has
been
suspended
or
revoked
or
a
civil
penalty
imposed
by
a
local
authority
for
a
violation
of
this
chapter
or
suspended
by
a
local
authority
for
violation
of
a
local
ordinance
may
appeal
the
suspension,
revocation,
or
civil
penalty
to
the
administrator.
The
administrator
may
appoint
a
member
of
the
division
or
may
request
an
administrative
law
judge
from
the
department
of
inspections
and
appeals
to
hear
the
appeal
which
shall
be
conducted
in
accordance
with
chapter
17A
and
to
issue
a
proposed
decision.
The
administrator
may
review
the
proposed
decision
upon
the
motion
of
a
party
to
the
appeal
or
upon
the
administrator’s
own
motion
in
accordance
with
chapter
17A
.
Upon
review
of
the
proposed
decision,
the
administrator
may
affirm,
reverse,
or
modify
the
proposed
Senate
File
2374,
p.
29
decision.
A
liquor
control
retail
alcohol
licensee
,
wine
or
beer
permittee,
or
a
local
authority
aggrieved
by
a
decision
of
the
administrator
may
seek
judicial
review
of
the
decision
pursuant
to
chapter
17A
.
Sec.
29.
Section
123.34,
Code
2022,
is
amended
to
read
as
follows:
123.34
Expiration
of
licenses,
permits,
and
certificates
of
compliance
——
seasonal
Seasonal
,
fourteen-day,
and
five-day
licenses
and
permits
——
fees.
1.
All
licenses,
permits,
and
certificates
of
compliance,
unless
sooner
suspended
or
revoked,
expire
one
year
from
date
of
issuance.
The
administrator
shall
notify
a
license,
permit,
or
certificate
holder
electronically,
or
in
a
manner
prescribed
by
the
administrator,
sixty
days
prior
to
the
expiration
of
each
license,
permit,
or
certificate.
2.
1.
a.
The
administrator
may
issue
six-month
or
eight-month
seasonal
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
control
and
class
“F”
retail
alcohol
licenses
,
class
“B”
wine
permits,
class
“B”
or
class
“C”
native
wine
permits,
or
class
“B”
beer
permits
.
b.
The
fee
for
a
six-month
or
an
eight-month
seasonal
license
or
permit
issued
pursuant
to
this
subsection
shall
be
for
a
proportionate
part
fifty
percent
of
the
license
or
permit
fee
for
that
class
of
license
or
permit
.
However,
the
fee
for
a
seasonal
class
“B”
native
wine
permit
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
4
,
and
the
fee
for
a
seasonal
class
“C”
native
wine
permit
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
5
.
3.
2.
a.
The
administrator
may
issue
fourteen-day
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
control
and
class
“F”
retail
alcohol
licenses
,
and
fourteen-day
class
“B”
beer
permits,
class
“B”
native
wine
permits,
and
class
“C”
native
wine
permits
.
b.
A
fourteen-day
retail
alcohol
license
or
permit
,
if
granted,
is
valid
for
fourteen
consecutive
days
,
but
the
holder
shall
not
sell
on
the
two
Sundays
in
the
fourteen-day
period
unless
the
holder
qualifies
for
and
obtains
the
privilege
to
sell
on
Sundays
contained
in
section
123.36,
subsection
6
,
and
section
123.134,
subsection
4
.
Senate
File
2374,
p.
30
c.
(1)
The
fee
for
a
fourteen-day
liquor
control
retail
alcohol
license
or
beer
permit
is
one
quarter
of
the
annual
fee
for
that
class
of
liquor
control
retail
alcohol
license
or
beer
permit
.
The
fee
for
the
privilege
to
sell
on
the
two
Sundays
in
the
fourteen-day
period
is
twenty
percent
of
the
price
of
the
fourteen-day
liquor
control
license
or
beer
permit.
(2)
The
fee
for
a
fourteen-day
class
“B”
native
wine
permit
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
4
,
and
the
fee
for
a
fourteen-day
class
“C”
native
wine
permit
is
the
permit
fee
provided
in
section
123.179,
subsection
5
.
4.
3.
a.
The
administrator
may
issue
five-day
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
control
,
and
class
“F”
retail
alcohol
licenses
,
and
five-day
class
“B”
beer
permits,
class
“B”
native
wine
permits,
and
class
“C”
native
wine
permits
.
b.
A
five-day
retail
alcohol
license
or
permit
is
valid
for
five
consecutive
days
,
but
the
holder
shall
not
sell
alcoholic
beverages
on
Sunday
in
the
five-day
period
unless
the
holder
qualifies
for
and
obtains
the
privilege
to
sell
on
Sunday
pursuant
to
section
123.36,
subsection
6,
and
section
123.134,
subsection
4
.
c.
(1)
The
fee
for
the
five-day
liquor
control
retail
alcohol
license
or
beer
permit
is
one-eighth
of
the
annual
fee
for
that
class
of
license
or
permit.
The
fee
for
the
privilege
to
sell
on
a
Sunday
in
the
five-day
period
is
ten
percent
of
the
price
of
the
five-day
liquor
control
license
or
beer
permit.
(2)
The
fee
for
a
five-day
class
“B”
native
wine
permit
shall
be
the
permit
fee
provided
in
section
123.179,
subsection
4
,
and
the
fee
for
a
five-day
class
“C”
native
wine
permit
is
the
permit
fee
provided
in
section
123.179,
subsection
5
.
5.
4.
A
refund
of
fees
paid
shall
not
be
made
for
seasonal
licenses
or
permits
,
or
for
fourteen-day
or
five-day
liquor
control
retail
alcohol
licenses
,
native
wine
permits,
or
beer
permits
.
In
addition,
a
seasonal,
fourteen-day,
or
five-day
license
or
permit
shall
not
be
renewed.
Sec.
30.
NEW
SECTION
.
123.35
Expiration
of
licenses,
permits,
and
certificates
of
compliance
——
automatic
renewals.
1.
Except
as
otherwise
provided
by
this
chapter,
all
licenses,
permits,
and
certificates
of
compliance,
unless
Senate
File
2374,
p.
31
sooner
suspended
or
revoked,
expire
one
year
from
date
of
issuance.
2.
Notwithstanding
section
123.31
and
any
other
provision
of
this
chapter
to
the
contrary,
a
class
“E”
retail
alcohol
license
shall
automatically
renew
without
the
endorsement
of
a
local
authority
or
approval
by
the
administrator
upon
collection
of
the
annual
fee
by
the
division,
provided
all
of
the
following
conditions
are
met
since
the
preceding
license
was
issued:
a.
The
licensee
has
given
written
consent
to
the
division
to
have
the
license
automatically
renewed
as
provided
in
this
section.
b.
The
license
has
not
been
suspended
or
revoked.
c.
A
civil
penalty
has
not
been
imposed
against
the
licensee.
d.
An
administrative
proceeding
is
not
pending
against
the
licensee
to
suspend
or
revoke
the
license
or
to
impose
a
civil
penalty
under
this
chapter.
e.
The
licensee
has
not
submitted
payment
for
alcoholic
liquor
to
the
division
that
was
subsequently
dishonored.
f.
The
licensee
and
all
persons
associated
with
the
licensee
as
described
in
section
123.3,
subsection
40,
paragraph
“e”
,
have
not
been
convicted
of
a
violation
of
this
chapter.
g.
The
licensed
premises
constitutes
a
safe
and
proper
place
or
building
and
conforms
with
all
applicable
federal,
state,
and
local
laws,
orders,
ordinances,
rules,
resolutions,
and
health
and
fire
regulations.
h.
A
local
authority
has
not
notified
the
division,
in
a
manner
established
by
the
division
and
made
available
to
local
authorities,
that
automatic
renewal
should
not
occur
and
that
further
review
of
the
licensee
by
the
division
and
the
applicable
local
authority
is
warranted.
3.
Notwithstanding
sections
123.23,
123.135,
123.180,
and
any
other
provision
of
this
chapter
to
the
contrary,
a
distiller’s,
brewer’s,
or
vintner’s
certificate
of
compliance
shall
automatically
renew
without
approval
by
the
administrator
upon
collection
of
the
annual
fee
by
the
division,
provided
all
of
the
following
conditions
are
met
since
the
preceding
certificate
was
issued:
Senate
File
2374,
p.
32
a.
The
certificate
holder
has
given
written
consent
to
the
division
to
have
the
certificate
automatically
renewed
as
provided
in
this
section.
b.
The
certificate
has
not
been
suspended
or
revoked.
c.
A
civil
penalty
has
not
been
imposed
against
the
certificate
holder.
d.
An
administrative
proceeding
is
not
pending
against
the
certificate
holder
to
suspend
or
revoke
the
certificate
or
to
impose
a
civil
penalty
under
this
chapter.
e.
The
certificate
holder
and
all
persons
associated
with
the
certificate
holder
as
described
in
section
123.3,
subsection
40,
paragraph
“e”
,
have
not
been
convicted
of
a
violation
of
this
chapter.
4.
Notwithstanding
section
123.187
and
any
other
provision
of
this
chapter
to
the
contrary,
a
wine
direct
shipper’s
permit
shall
automatically
renew
without
approval
by
the
administrator
upon
collection
of
the
annual
fee
by
the
division,
provided
all
of
the
following
conditions
are
met
since
the
preceding
permit
was
issued:
a.
The
permittee
has
given
written
consent
to
the
division
to
have
the
permit
automatically
renewed
as
provided
in
this
section.
b.
The
permit
has
not
been
suspended
or
revoked.
c.
A
civil
penalty
has
not
been
imposed
against
the
permittee.
d.
An
administrative
proceeding
is
not
pending
against
the
permittee
to
suspend
or
revoke
the
permit
or
to
impose
a
civil
penalty
under
this
chapter.
e.
The
permittee
has
filed
all
required
reports
and
remitted
all
wine
gallonage
tax
owed
pursuant
to
section
123.183.
f.
The
permittee
and
all
persons
associated
with
the
permittee
as
described
in
section
123.3,
subsection
40,
paragraph
“e”
,
have
not
been
convicted
of
a
violation
of
this
chapter.
Sec.
31.
Section
123.38,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
A
liquor
control
retail
alcohol
license,
wine
permit,
or
beer
permit
is
a
personal
privilege
and
is
revocable
for
cause.
It
is
not
property
nor
is
it
subject
to
attachment
Senate
File
2374,
p.
33
and
execution
nor
alienable
nor
assignable,
and
it
shall
cease
upon
the
death
of
the
permittee
or
licensee.
However,
the
administrator
of
the
division
may
in
the
administrator’s
discretion
allow
the
executor
or
administrator
of
the
estate
of
a
permittee
or
licensee
to
operate
the
business
of
the
decedent
for
a
reasonable
time
not
to
exceed
the
expiration
date
of
the
permit
or
license.
Every
permit
or
license
shall
be
issued
in
the
name
of
the
applicant
and
no
person
holding
a
permit
or
license
shall
allow
any
other
person
to
use
it.
Sec.
32.
Section
123.38,
subsection
2,
paragraph
a,
subparagraph
(4),
Code
2022,
is
amended
to
read
as
follows:
(4)
No
refund
shall
be
made
for
any
liquor
control
retail
alcohol
license,
wine
permit,
or
beer
permit
surrendered
more
than
nine
months
after
issuance.
Sec.
33.
Section
123.39,
subsection
1,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
(1)
The
administrator
or
the
local
authority
may
suspend
a
class
“A”,
class
“B”,
special
class
“B”
native
wine,
class
“C”,
special
class
“C”,
class
“C”
native
distilled
spirits,
or
class
“E”
liquor
control
,
or
class
“F”
retail
alcohol
license
,
or
retail
wine
or
beer
permit
charity
beer,
spirits,
and
wine
special
event
license
for
a
period
not
to
exceed
one
year,
revoke
the
license
or
permit
,
or
impose
a
civil
penalty
not
to
exceed
one
thousand
dollars
per
violation.
(2)
The
administrator
may
suspend
a
certificate
of
compliance,
a
class
“D”
liquor
control
retail
alcohol
license,
a
manufacturer’s
license,
a
broker’s
permit,
a
class
“A”
native
distilled
spirits
license,
a
class
“A”
or
special
class
“A”
beer
permit,
a
charity
beer,
spirits,
and
wine
auction
permit,
a
class
“A”
wine
permit,
a
wine
direct
shipper’s
permit,
or
a
wine
carrier
permit
for
a
period
not
to
exceed
one
year,
revoke
the
license,
permit,
or
certificate,
or
impose
a
civil
penalty
not
to
exceed
one
thousand
dollars
per
violation.
Sec.
34.
Section
123.39,
subsection
1,
paragraph
b,
subparagraph
(3),
Code
2022,
is
amended
to
read
as
follows:
(3)
Any
change
in
the
ownership
or
interest
in
the
business
operated
under
a
liquor
control
retail
alcohol
license
,
or
any
wine
or
beer
permit,
which
change
was
not
previously
reported
in
a
manner
prescribed
by
the
administrator
within
thirty
days
Senate
File
2374,
p.
34
of
the
change
and
subsequently
approved
by
the
local
authority,
when
applicable,
and
the
division.
Sec.
35.
Section
123.39,
subsections
2
and
3,
Code
2022,
are
amended
to
read
as
follows:
2.
Local
authorities
may
suspend
any
liquor
control
retail
alcohol
license
or
retail
wine
or
beer
permit
for
a
violation
of
any
ordinance
or
regulation
adopted
by
the
local
authority.
Local
authorities
may
adopt
ordinances
or
regulations
for
the
location
of
the
premises
of
liquor
control
retail
alcohol
licensed
and
retail
wine
or
beer
permitted
establishments
and
local
authorities
may
adopt
ordinances,
not
in
conflict
with
this
chapter
and
that
do
not
diminish
the
hours
during
which
alcoholic
beverages
may
be
sold
or
consumed
at
retail,
governing
any
other
activities
or
matters
which
may
affect
the
retail
sale
and
consumption
of
alcoholic
beverages
and
the
health,
welfare
and
morals
of
the
community
involved.
3.
When
a
liquor
control
retail
alcohol
license
or
retail
wine
or
beer
permit
is
suspended
after
a
hearing
as
a
result
of
violations
of
this
chapter
by
the
licensee
,
permittee
or
the
licensee’s
or
permittee’s
agents
or
employees,
the
premises
which
were
licensed
by
the
license
or
permit
shall
not
be
relicensed
for
a
new
applicant
until
the
suspension
has
terminated
or
time
of
suspension
has
elapsed,
or
ninety
days
have
elapsed
since
the
commencement
of
the
suspension,
whichever
occurs
first.
However,
this
section
does
not
prohibit
the
premises
from
being
relicensed
to
a
new
applicant
before
the
suspension
has
terminated
or
before
the
time
of
suspension
has
elapsed
or
before
ninety
days
have
elapsed
from
the
commencement
of
the
suspension,
if
the
premises
prior
to
the
time
of
the
suspension
had
been
purchased
under
contract,
and
the
vendor
under
that
contract
had
exercised
the
person’s
rights
under
chapter
656
and
sold
the
property
to
a
different
person
who
is
not
related
to
the
previous
licensee
or
permittee
by
marriage
or
within
the
third
degree
of
consanguinity
or
affinity
and
if
the
previous
licensee
or
permittee
does
not
have
a
financial
interest
in
the
business
of
the
new
applicant.
Sec.
36.
Section
123.40,
Code
2022,
is
amended
to
read
as
follows:
123.40
Effect
of
revocation.
Senate
File
2374,
p.
35
Any
liquor
control
retail
alcohol
licensee,
wine
permittee,
or
beer
permittee
whose
license
or
permit
is
revoked
under
this
chapter
shall
not
thereafter
be
permitted
to
hold
a
liquor
control
retail
alcohol
license,
wine
permit,
or
beer
permit
in
the
state
of
Iowa
for
a
period
of
two
years
from
the
date
of
revocation.
A
spouse
or
business
associate
holding
ten
percent
or
more
of
the
capital
stock
or
ownership
interest
in
the
business
of
a
person
whose
license
or
permit
has
been
revoked
shall
not
be
issued
a
liquor
control
retail
alcohol
license,
wine
permit,
or
beer
permit,
and
no
liquor
control
retail
alcohol
license,
wine
permit,
or
beer
permit
shall
be
issued
which
covers
any
business
in
which
such
person
has
a
financial
interest
for
a
period
of
two
years
from
the
date
of
revocation.
If
a
license
or
permit
is
revoked,
the
premises
which
had
been
covered
by
the
license
or
permit
shall
not
be
relicensed
for
one
year.
Sec.
37.
Section
123.43A,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
A
native
distillery
shall
not
sell
more
than
one
and
one-half
nine
liters
per
person
per
day,
of
native
distilled
spirits
on
the
premises
of
the
native
distillery.
However,
a
native
distillery
which,
combining
all
production
facilities
of
the
business,
produces
and
manufactures
not
more
than
one
hundred
thousand
proof
gallons
of
native
distilled
spirits
on
an
annual
basis,
may
sell
not
more
than
nine
liters
per
person
per
day,
of
native
distilled
spirits.
In
addition,
a
native
distillery
shall
not
directly
ship
native
distilled
spirits
for
sale
at
retail.
The
native
distillery
shall
maintain
records
of
individual
purchases
of
native
distilled
spirits
at
the
native
distillery
for
three
years.
Sec.
38.
Section
123.43A,
subsection
6,
Code
2022,
is
amended
to
read
as
follows:
6.
Notwithstanding
any
provision
of
this
chapter
to
the
contrary
or
the
fact
that
a
person
is
the
holder
of
a
class
“A”
native
distilled
spirits
license,
a
native
distillery
which,
combining
all
production
facilities
of
the
business,
produces
and
manufactures
not
more
than
one
hundred
thousand
proof
gallons
of
native
distilled
spirits
on
an
annual
basis
may
sell
those
native
distilled
spirits
manufactured
on
the
premises
Senate
File
2374,
p.
36
of
the
native
distillery
for
consumption
on
the
premises
by
applying
for
be
granted
a
class
“C”
native
distilled
spirits
liquor
control
retail
alcohol
license
as
provided
defined
in
section
123.30
.
A
native
distillery
may
be
granted
not
more
than
two
class
“C”
native
distilled
spirits
liquor
control
retail
alcohol
licenses.
All
native
distilled
spirits
sold
by
a
native
distillery
for
on-premises
consumption
and
mixed
drinks
or
cocktails
sold
for
consumption
off
the
premises
shall
be
purchased
from
a
class
“E”
liquor
control
licensee.
A
manufacturer
of
native
distilled
spirits
may
be
issued
a
class
“C”
native
distilled
spirits
liquor
control
retail
alcohol
license
regardless
of
whether
the
manufacturer
is
also
a
manufacturer
of
beer
pursuant
to
a
class
“A”
beer
permit
or
a
manufacturer
of
native
wine
pursuant
to
a
class
“A”
wine
permit.
Sec.
39.
Section
123.45,
subsection
1,
paragraph
d,
Code
2022,
is
amended
to
read
as
follows:
d.
Hold
a
retail
liquor
control
alcohol
license
or
retail
wine
or
beer
permit,
unless
the
licensee
or
permittee
holding
a
retail
liquor
control
alcohol
license
or
retail
wine
or
beer
permit
does
not
purchase
or
sell
the
alcoholic
beverages
of
the
person
engaged
in
the
business
of
manufacturing,
bottling,
or
wholesaling
alcoholic
beverages.
However,
a
person
engaged
in
the
business
of
manufacturing
wine
that
is
not
native
wine
may
purchase
and
sell
the
person’s
wine
under
the
authority
of
a
special
class
“C”
liquor
control
retail
alcohol
license
and
a
class
“B”
wine
permit
retail
alcohol
license
provided
the
licensed
premises
is
the
principal
office,
as
defined
in
section
490.140
,
of
the
person.
Sec.
40.
Section
123.45,
subsection
3,
Code
2022,
is
amended
to
read
as
follows:
3.
A
person
engaged
in
the
wholesaling
of
beer
or
wine
may
sell
only
disposable
glassware,
which
is
constructed
of
paper,
paper
laminated,
or
plastic
materials
and
designed
primarily
for
personal
consumption
on
a
one-time
usage
basis,
to
retailers
for
use
within
the
premises
of
licensed
establishments,
for
an
amount
which
is
greater
than
or
equal
to
an
amount
which
represents
the
greater
of
either
the
amount
paid
for
the
disposable
glassware
by
the
supplier
or
the
amount
Senate
File
2374,
p.
37
paid
for
the
disposable
glassware
by
the
wholesaler.
Also,
a
person
engaged
in
the
business
of
manufacturing
beer
may
sell
beer
at
retail
for
consumption
on
or
off
the
premises
of
the
manufacturing
facility
and,
notwithstanding
any
other
provision
of
this
chapter
or
the
fact
that
a
person
is
the
holder
of
a
class
“A”
beer
permit,
a
native
brewery
may
be
granted
not
more
than
two
class
“B”
beer
permits
“C”
retail
alcohol
licenses
as
defined
in
section
123.124
for
that
purpose
123.30
regardless
of
whether
that
person
is
also
a
manufacturer
of
native
distilled
spirits
pursuant
to
a
class
“A”
native
distilled
spirits
license
or
a
manufacturer
of
native
wine
pursuant
to
a
class
“A”
wine
permit.
Sec.
41.
Section
123.46,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
A
person
shall
not
use
or
consume
alcoholic
liquor,
wine,
or
beer
upon
the
public
streets
or
highways.
A
person
shall
not
use
or
consume
alcoholic
liquor
in
any
public
place
except
premises
covered
by
a
liquor
control
retail
alcohol
license.
A
person
shall
not
possess
or
consume
alcoholic
liquors,
wine,
or
beer
on
public
school
property
or
while
attending
a
public
or
private
school-related
function.
A
person
shall
not
be
intoxicated
in
a
public
place.
A
person
violating
this
subsection
is
guilty
of
a
simple
misdemeanor.
Sec.
42.
Section
123.46A,
Code
2022,
is
amended
to
read
as
follows:
123.46A
Delivery
of
alcoholic
beverages
by
retailers.
1.
Licensees
and
permittees
authorized
to
sell
alcoholic
liquor,
wine,
or
beer
in
original
unopened
containers
for
consumption
off
the
licensed
premises
may
deliver
alcoholic
liquor,
wine,
or
beer
to
a
home,
another
licensed
premises
if
there
is
identical
ownership
of
the
premises
by
the
licensee
or
permittee
,
or
other
designated
location
in
this
state.
Deliveries
shall
be
limited
to
alcoholic
beverages
authorized
by
the
licensee’s
or
permittee’s
license
or
permit
.
Orders
delivered
to
another
licensed
premises
shall
contain
only
those
alcoholic
beverages
authorized
for
sale
by
the
liquor
control
retail
alcohol
license
or
retail
wine
or
beer
permit
covering
the
premises
to
which
the
alcoholic
beverages
will
be
delivered.
Orders
delivered
to
another
licensed
premises
Senate
File
2374,
p.
38
shall
be
fulfilled
using
the
alcoholic
beverages
inventory
owned
by
the
licensee
or
permittee
who
will
receive
the
order
for
delivery.
If
the
recipient
refuses
or
fails
to
pick
up
the
delivery,
or
is
ineligible
to
receive
the
delivery,
the
alcoholic
beverages
shall
be
returned
to
the
licensee
or
permittee
who
fulfilled
the
order.
2.
Licensees
and
permittees
authorized
to
sell
wine,
beer,
or
mixed
drinks
or
cocktails
for
consumption
off
the
licensed
premises
in
a
container
other
than
the
original
container
may
deliver
the
wine,
beer,
or
mixed
drinks
or
cocktails
to
a
home
or
other
designated
location
in
this
state
only
if
the
container
other
than
the
original
container
has
been
sold
and
securely
sealed
in
compliance
with
this
chapter
or
the
rules
of
the
division.
Deliveries
shall
be
limited
to
alcoholic
beverages
authorized
by
the
licensee’s
or
permittee’s
license
or
permit.
3.
All
deliveries
of
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
shall
be
subject
to
the
following
requirements
and
restrictions:
a.
Payment
for
the
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
shall
be
received
by
the
licensee
or
permittee
at
the
time
of
order.
b.
Orders
for
deliveries
may
be
taken
by
the
licensee
or
permittee
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
on
a
day
other
than
Sunday,
and
orders
for
deliveries
may
be
taken
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
on
a
Sunday
provided
the
licensee
or
permittee
has
been
granted
the
privilege
of
selling
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
on
Sunday
on
any
day
of
the
week
,
notwithstanding
any
provision
of
section
123.49,
subsection
2
,
paragraph
“b”
,
to
the
contrary.
c.
Alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
delivered
to
a
person
shall
be
for
personal
use
and
not
for
resale.
d.
Deliveries
shall
only
be
made
to
persons
in
this
state
who
are
twenty-one
years
of
age
or
older.
e.
Deliveries
shall
not
be
made
to
a
person
who
is
intoxicated
or
is
simulating
intoxication.
f.
Deliveries
shall
occur
between
6:00
a.m.
and
10:00
p.m.
Senate
File
2374,
p.
39
Monday
through
Sunday
on
the
same
day
the
order
for
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
is
removed
from
the
licensed
premises
.
g.
Delivery
of
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
shall
be
made
by
the
licensee
or
permittee
,
the
licensee’s
or
permittee’s
employee,
or
a
third
party,
provided
the
licensee
or
permittee
has
entered
into
a
written
agreement
with
the
third
party
that
authorizes
the
third
party
to
act
as
an
agent
of
the
licensee
or
permittee
for
the
purpose
of
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails.
Each
licensee
or
permittee
shall
submit
to
the
division
electronically,
or
in
a
manner
prescribed
by
the
administrator,
a
list
of
names
and
addresses
of
all
third
parties
it
has
authorized
to
act
as
its
agent
for
the
purpose
of
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails.
The
licensee
or
permittee
shall
provide
the
division
with
amendments
to
the
list
as
necessary
to
ensure
the
division
possesses
an
accurate,
current
list.
h.
Delivery
personnel
shall
be
twenty-one
years
of
age
or
older.
i.
Valid
proof
of
the
recipient’s
identity
and
age
shall
be
obtained
at
the
time
of
delivery,
and
the
signature
of
a
person
twenty-one
years
of
age
or
older
shall
be
obtained
as
a
condition
of
delivery.
j.
Licensees
and
permittees
shall
maintain
records
of
deliveries
which
include
the
quantity
delivered,
the
recipient’s
name
and
address,
and
the
signature
of
the
recipient
of
the
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails.
The
records
shall
be
maintained
on
the
licensed
premises
for
a
period
of
three
years.
4.
A
violation
of
this
section
or
any
other
provision
of
this
chapter
shall
subject
the
licensee
or
permittee
to
the
penalty
provisions
of
section
123.39
.
If
the
licensee
or
permittee
,
an
employee
of
the
licensee
or
permittee
,
or
a
person
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
for
a
third
party
acting
on
behalf
of
the
licensee
or
permittee
pursuant
to
a
written
agreement
violates
this
section
,
the
licensee
or
permittee
shall
not
be
assessed
a
penalty
under
section
123.39
if
the
licensee
or
permittee
Senate
File
2374,
p.
40
establishes
all
of
the
following:
a.
The
violation
was
committed
off
of
the
licensee’s
or
permittee’s
premises
after
the
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
was
removed
from
the
licensee’s
or
permittee’s
premises
in
fulfillment
of
a
delivery
order.
b.
(1)
If
the
person
who
committed
the
violation
is
an
employee
of
the
licensee
or
permittee
,
that
no
other
violation
of
this
section
was
committed
by
any
employee
of
the
licensee
or
permittee
within
the
two-year
period
immediately
preceding
the
date
of
violation.
(2)
If
the
person
who
committed
the
violation
is
a
person
delivering
for
a
third
party
acting
on
behalf
of
the
licensee
or
permittee
,
that
no
other
violation
of
this
section
was
committed
by
any
person
delivering
for
the
same
third
party
while
the
third
party
was
acting
on
behalf
of
the
licensee
or
permittee
within
the
two-year
period
immediately
preceding
the
date
of
violation.
5.
Nothing
in
this
section
shall
impact
the
direct
shipment
of
wine
as
regulated
by
section
123.187
.
Sec.
43.
Section
123.47,
subsection
3,
Code
2022,
is
amended
to
read
as
follows:
3.
A
person
or
persons
under
legal
age
shall
not
purchase
or
attempt
to
purchase,
consume,
or
individually
or
jointly
have
alcoholic
beverages
in
their
possession
or
control;
except
in
the
case
of
any
alcoholic
beverage
given
or
dispensed
to
a
person
under
legal
age
within
a
private
home
and
with
the
knowledge,
presence,
and
consent
of
the
parent
or
guardian,
for
beverage
or
medicinal
purposes
or
as
administered
to
the
person
by
either
a
physician
or
dentist
for
medicinal
purposes
and
except
to
the
extent
that
a
person
under
legal
age
may
handle
alcoholic
beverages
during
the
regular
course
of
the
person’s
employment
by
a
liquor
control
retail
alcohol
licensee,
or
wine
or
beer
permittee
under
this
chapter
.
Sec.
44.
Section
123.48,
subsections
1
and
3,
Code
2022,
are
amended
to
read
as
follows:
1.
If
a
liquor
control
retail
alcohol
licensee
or
wine
or
beer
permittee
or
an
employee
of
the
licensee
or
permittee
has
a
reasonable
belief
based
on
factual
evidence
that
a
driver’s
license
as
defined
in
section
321.1,
subsection
Senate
File
2374,
p.
41
20A
,
or
nonoperator’s
identification
card
issued
pursuant
to
section
321.190
offered
by
a
person
who
wishes
to
purchase
an
alcoholic
beverage
at
the
licensed
premises
is
altered
or
falsified
or
belongs
to
another
person,
the
licensee
,
permittee,
or
employee
may
retain
the
driver’s
license
or
nonoperator’s
identification
card.
Within
twenty-four
hours,
the
license
or
card
shall
be
delivered
to
the
appropriate
city
or
county
law
enforcement
agency
of
the
jurisdiction
in
which
the
licensed
premises
is
located.
When
the
license
or
card
is
delivered
to
the
appropriate
law
enforcement
agency,
the
licensee
shall
file
a
written
report
of
the
circumstances
under
which
the
license
or
card
was
retained.
The
local
law
enforcement
agency
may
investigate
whether
a
violation
of
section
321.216
,
321.216A
,
or
321.216B
has
occurred.
If
an
investigation
is
not
initiated
or
a
probable
cause
is
not
established
by
the
local
law
enforcement
agency,
the
driver’s
license
or
nonoperator’s
identification
card
shall
be
delivered
to
the
person
to
whom
it
was
issued.
The
local
law
enforcement
agency
may
forward
the
license
or
card
with
the
report
to
the
department
of
transportation
for
investigation,
in
which
case,
the
department
may
investigate
whether
a
violation
of
section
321.216
,
321.216A
,
or
321.216B
has
occurred.
The
department
of
transportation
shall
return
the
license
or
card
to
the
person
to
whom
it
was
issued
if
an
investigation
is
not
initiated
or
a
probable
cause
is
not
established.
3.
A
liquor
control
retail
alcohol
licensee
or
wine
or
beer
permittee
or
an
employee
of
the
licensee
or
permittee
is
not
subject
to
criminal
prosecution
for,
or
to
civil
liability
for
damages
alleged
to
have
resulted
from,
the
retention
and
delivery
of
a
driver’s
license
or
a
nonoperator’s
identification
card
which
is
taken
pursuant
to
subsections
1
and
2
.
This
section
shall
not
be
construed
to
relieve
a
licensee
,
permittee,
or
employee
of
the
licensee
or
permittee
from
civil
liability
for
damages
resulting
from
the
use
of
unreasonable
force
in
obtaining
the
altered
or
falsified
driver’s
license
or
nonoperator’s
identification
card
or
the
driver’s
license
or
nonoperator’s
identification
card
believed
to
belong
to
another
person.
Sec.
45.
Section
123.49,
subsection
2,
unnumbered
paragraph
Senate
File
2374,
p.
42
1,
Code
2022,
is
amended
to
read
as
follows:
A
person
holding
a
liquor
control
retail
alcohol
license
or
retail
wine
or
beer
permit
under
this
chapter
,
and
the
person’s
agents
or
employees,
shall
not
do
any
of
the
following:
Sec.
46.
Section
123.49,
subsection
2,
paragraph
b,
Code
2022,
is
amended
to
read
as
follows:
b.
Sell
or
dispense
any
alcoholic
beverage
on
the
premises
covered
by
the
license
or
permit
,
or
permit
its
consumption
thereon
between
the
hours
of
2:00
a.m.
and
6:00
a.m.
on
a
weekday,
and
between
the
hours
of
2:00
a.m.
on
Sunday
and
6:00
a.m.
on
the
following
Monday,
however,
a
holder
of
a
liquor
control
license
or
retail
wine
or
beer
permit
granted
the
privilege
of
selling
alcoholic
liquor,
wine,
or
beer
on
Sunday
may
sell
or
dispense
alcoholic
liquor,
wine,
or
beer
between
the
hours
of
6:00
a.m.
on
Sunday
and
2:00
a.m.
on
the
following
Monday
any
day
of
the
week
.
Sec.
47.
Section
123.49,
subsection
2,
paragraph
d,
subparagraphs
(1)
and
(3),
Code
2022,
are
amended
to
read
as
follows:
(1)
Keep
on
premises
covered
by
a
liquor
control
retail
alcohol
license
any
alcoholic
liquor
in
any
container
except
the
original
package
purchased
from
the
division,
and
except
mixed
drinks
or
cocktails
mixed
on
the
premises
for
immediate
consumption
on
the
licensed
premises
or
as
otherwise
provided
by
this
paragraph
“d”
.
This
prohibition
does
not
apply
to
holders
of
a
class
“D”
liquor
control
retail
alcohol
license
or
to
alcoholic
liquor
delivered
in
accordance
with
section
123.46A
.
(3)
Mixed
drinks
or
cocktails
mixed
on
premises
covered
by
a
class
“C”
liquor
control
retail
alcohol
license
or
a
class
“C”
native
distilled
spirits
liquor
control
retail
alcohol
license
for
consumption
off
the
licensed
premises
may
be
sold
if
the
mixed
drink
or
cocktail
is
immediately
filled
in
a
sealed
container
and
is
promptly
taken
from
the
licensed
premises
prior
to
consumption
of
the
mixed
drink
or
cocktail.
A
mixed
drink
or
cocktail
that
is
sold
in
a
sealed
container
in
compliance
with
the
requirements
of
this
subparagraph
and
rules
adopted
by
the
division
shall
not
be
deemed
an
open
container
subject
to
the
requirements
of
sections
321.284
and
321.284A
Senate
File
2374,
p.
43
if
the
sealed
container
is
unopened
and
the
seal
has
not
been
tampered
with,
and
the
contents
of
the
container
have
not
been
partially
removed.
Sec.
48.
Section
123.49,
subsection
2,
paragraphs
g
and
j,
Code
2022,
are
amended
to
read
as
follows:
g.
Allow
any
person
other
than
the
licensee
,
permittee,
or
employees
of
the
licensee
or
permittee,
to
use
or
keep
on
the
licensed
premises
any
alcoholic
liquor
in
any
bottle
or
other
container
which
is
designed
for
the
transporting
of
such
beverages,
except
as
permitted
in
section
123.95
.
This
paragraph
does
not
apply
to
the
lodging
quarters
of
a
class
“B”
liquor
control
licensee
or
wine
or
beer
permittee
hotel
or
motel
holding
a
retail
alcohol
license
,
or
to
holders
of
a
class
“D”
liquor
control
retail
alcohol
license.
j.
Knowingly
permit
or
engage
in
any
criminal
activity
on
the
premises
covered
by
the
license
or
permit
.
However,
the
absence
of
security
personnel
on
the
licensed
premises
is
insufficient,
without
additional
evidence,
to
prove
that
criminal
activity
occurring
on
the
licensed
premises
was
knowingly
permitted
in
violation
of
this
paragraph
“j”
.
For
purposes
of
this
paragraph
“j”
,
“premises”
includes
parking
lots
and
areas
adjacent
to
the
premises
of
a
liquor
control
retail
alcohol
licensee
or
wine
or
beer
permittee
authorized
to
sell
alcoholic
beverages
for
consumption
on
the
licensed
premises
and
used
by
patrons
of
the
liquor
control
retail
alcohol
licensee
or
wine
or
beer
permittee
.
Sec.
49.
Section
123.49,
subsection
3,
Code
2022,
is
amended
to
read
as
follows:
3.
A
person
under
legal
age
shall
not
misrepresent
the
person’s
age
for
the
purpose
of
purchasing
or
attempting
to
purchase
any
alcoholic
beverage
from
any
liquor
control
retail
alcohol
licensee
or
wine
or
beer
permittee
.
If
any
person
under
legal
age
misrepresents
the
person’s
age,
and
the
licensee
or
permittee
establishes
that
the
licensee
or
permittee
made
reasonable
inquiry
to
determine
whether
the
prospective
purchaser
was
over
legal
age,
the
licensee
or
permittee
is
not
guilty
of
selling
alcoholic
beverages
to
a
person
under
legal
age.
Sec.
50.
Section
123.49,
subsection
4,
Code
2022,
is
amended
Senate
File
2374,
p.
44
by
striking
the
subsection.
Sec.
51.
Section
123.50,
subsections
1,
2,
4,
and
5,
Code
2022,
are
amended
to
read
as
follows:
1.
Any
person
who
violates
any
of
the
provisions
of
section
123.49
,
except
section
123.49,
subsection
2
,
paragraph
“h”
,
or
who
fails
to
affix
upon
sale,
defaces,
or
fails
to
record
a
keg
identification
sticker
label
or
produce
a
record
of
keg
identification
stickers
labels
pursuant
to
section
123.138
,
shall
be
guilty
of
a
simple
misdemeanor.
A
person
who
violates
section
123.49,
subsection
2
,
paragraph
“h”
,
commits
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8C,
subsection
2
.
2.
The
conviction
of
any
liquor
control
retail
alcohol
licensee
or
wine
or
beer
permittee
for
a
violation
of
any
of
the
provisions
of
section
123.49
,
subject
to
subsection
3
of
this
section
,
is
grounds
for
the
suspension
or
revocation
of
the
license
or
permit
by
the
division
or
the
local
authority.
However,
if
any
liquor
control
retail
alcohol
licensee
is
convicted
of
any
violation
of
section
123.49,
subsection
2
,
paragraph
“a”
,
“d”
,
or
“e”
,
or
any
wine
or
beer
permittee
retail
alcohol
licensee,
excluding
a
special
class
“B”
or
class
“D”
retail
alcohol
licensee,
is
convicted
of
a
violation
of
section
123.49,
subsection
2
,
paragraph
“a”
or
“e”
“d”
,
the
liquor
control
retail
alcohol
license
or
wine
or
beer
permit
shall
be
revoked
and
shall
immediately
be
surrendered
by
the
holder,
and
the
bond,
if
any,
of
the
license
or
permit
holder
shall
be
forfeited
to
the
division.
However,
the
division
shall
retain
only
that
portion
of
the
bond
equal
to
the
amount
the
division
determines
the
license
or
permit
holder
owes
the
division.
4.
In
addition
to
any
other
penalties
imposed
under
this
chapter
,
the
division
shall
assess
a
civil
penalty
up
to
the
amount
of
five
thousand
dollars
upon
a
class
“E”
liquor
control
retail
alcohol
licensee
when
the
class
“E”
liquor
retail
alcohol
license
is
revoked
for
a
violation
of
section
123.59
.
Failure
to
pay
the
civil
penalty
as
required
under
this
subsection
shall
result
in
forfeiture
of
the
bond
to
the
division.
However,
the
division
shall
retain
only
that
portion
of
the
bond
equal
to
the
amount
the
division
determines
the
license
or
permit
holder
owes
the
division.
Senate
File
2374,
p.
45
5.
If
an
employee
of
a
liquor
control
retail
alcohol
licensee
or
wine
or
beer
permittee
violates
section
123.49,
subsection
2
,
paragraph
“h”
,
the
licensee
or
permittee
shall
not
be
assessed
a
penalty
under
subsection
3
,
and
the
violation
shall
be
deemed
not
to
be
a
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
for
the
purpose
of
determining
the
number
of
violations
for
which
a
penalty
may
be
assessed
pursuant
to
subsection
3
,
if
the
employee
holds
a
valid
certificate
of
completion
of
the
alcohol
compliance
employee
training
program
pursuant
to
section
123.50A
at
the
time
of
the
violation,
and
if
the
violation
involves
selling,
giving,
or
otherwise
supplying
any
alcoholic
beverage
to
a
person
between
the
ages
of
eighteen
and
twenty
years
of
age.
A
violation
involving
a
person
under
the
age
of
eighteen
years
of
age
shall
not
qualify
for
the
bar
against
assessment
of
a
penalty
pursuant
to
subsection
3
,
for
a
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
.
A
licensee
or
permittee
may
assert
only
once
in
a
four-year
period
the
bar
under
this
subsection
against
assessment
of
a
penalty
pursuant
to
subsection
3
,
for
a
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
that
takes
place
at
the
same
place
of
business
location.
Sec.
52.
Section
123.50,
subsection
3,
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
If
any
liquor
control
retail
alcohol
licensee
,
wine
or
beer
permittee,
or
employee
of
a
licensee
or
permittee
is
convicted
or
found
in
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
the
administrator
or
local
authority
shall,
in
addition
to
criminal
penalties
fixed
for
violations
by
this
section
,
assess
a
civil
penalty
as
follows:
Sec.
53.
Section
123.92,
subsection
2,
paragraphs
a
and
c,
Code
2022,
are
amended
to
read
as
follows:
a.
Every
liquor
control
retail
alcohol
licensee,
class
“B”
beer
permittee,
and
class
“C”
native
wine
permittee,
except
a
class
“B”,
special
class
“B”,
or
class
“E”
liquor
control
retail
alcohol
licensee,
shall
furnish
proof
of
financial
responsibility
by
the
existence
of
a
liability
insurance
policy
in
an
amount
determined
by
the
division.
If
an
insurer
provides
dramshop
liability
insurance
at
a
new
location
to
a
licensee
or
permittee
who
has
a
positive
loss
experience
Senate
File
2374,
p.
46
at
other
locations
for
which
such
insurance
is
provided
by
the
insurer,
and
the
insurer
bases
premium
rates
at
the
new
location
on
the
negative
loss
history
of
the
previous
licensee
or
permittee
at
that
location,
the
insurer
shall
examine
and
consider
adjusting
the
premium
for
the
new
location
not
less
than
thirty
months
after
the
insurance
is
issued,
based
on
the
loss
experience
of
the
licensee
or
permittee
at
that
location
during
that
thirty-month
period
of
time.
c.
The
purpose
of
dramshop
liability
insurance
is
to
provide
protection
for
members
of
the
public
who
experience
damages
as
a
result
of
licensees
or
permittees
serving
patrons
any
alcoholic
beverage
to
a
point
that
reaches
or
exceeds
the
standard
set
forth
in
law
for
liability.
Minimum
coverage
requirements
for
such
insurance
are
not
for
the
purpose
of
making
the
insurance
affordable
for
all
licensees
or
permittees
regardless
of
claims
experience.
A
dramshop
liability
insurance
policy
obtained
by
a
licensee
or
permittee
shall
meet
the
minimum
insurance
coverage
requirements
as
determined
by
the
division
and
is
a
mandatory
condition
for
holding
a
license
or
permit
.
Sec.
54.
Section
123.92,
subsection
3,
paragraphs
a
and
b,
Code
2022,
are
amended
to
read
as
follows:
a.
Notwithstanding
section
123.49,
subsection
1
,
any
person
who
is
injured
in
person
or
property
or
means
of
support
by
an
intoxicated
person
who
is
under
legal
age
or
resulting
from
the
intoxication
of
a
person
who
is
under
legal
age,
has
a
right
of
action
for
all
damages
actually
sustained,
severally
or
jointly,
against
a
person
who
is
not
a
licensee
or
permittee
and
who
dispensed
or
gave
any
alcoholic
beverage
to
the
intoxicated
underage
person
when
the
nonlicensee
or
nonpermittee
who
dispensed
or
gave
the
alcoholic
beverage
to
the
underage
person
knew
or
should
have
known
the
underage
person
was
intoxicated,
or
who
dispensed
or
gave
any
alcoholic
beverage
to
the
underage
person
to
a
point
where
the
nonlicensee
or
nonpermittee
knew
or
should
have
known
that
the
underage
person
would
become
intoxicated.
b.
If
the
injury
was
caused
by
an
intoxicated
person
who
is
under
legal
age,
a
person
who
is
not
a
licensee
or
permittee
and
who
dispensed
or
gave
the
alcoholic
beverage
to
the
Senate
File
2374,
p.
47
underage
person
may
establish
as
an
affirmative
defense
that
the
intoxication
did
not
contribute
to
the
injurious
action
of
the
underage
person.
Sec.
55.
Section
123.95,
subsection
2,
paragraphs
a
and
c,
Code
2022,
are
amended
to
read
as
follows:
a.
The
holder
of
an
annual
class
“B”
liquor
control
license
or
an
annual
class
“C”
liquor
control
retail
alcohol
license
may
act
as
the
agent
of
a
private
social
host
for
the
purpose
of
providing
and
serving
alcoholic
beverages
as
part
of
a
food
catering
service
for
a
private
social
gathering
in
a
private
place,
provided
the
licensee
has
applied
for
and
been
granted
a
catering
privilege
by
the
division.
The
holder
of
an
annual
special
class
“C”
liquor
control
retail
alcohol
license
shall
not
act
as
the
agent
of
a
private
social
host
for
the
purpose
of
providing
and
serving
wine
and
beer
as
part
of
a
food
catering
service
for
a
private
social
gathering
in
a
private
place.
An
applicant
for
a
class
“B”
or
class
“C”
liquor
control
retail
alcohol
license
shall
state
on
the
application
for
the
license
that
the
licensee
intends
to
engage
in
catering
food
and
alcoholic
beverages
for
private
social
gatherings
and
the
catering
privilege
shall
be
noted
on
the
license.
c.
Section
123.92
does
not
apply
to
a
liquor
control
retail
alcohol
licensee
who
acts
in
accordance
with
this
section
when
the
liquor
control
retail
alcohol
licensee
is
providing
and
serving
food
and
alcoholic
beverages
as
an
agent
of
a
private
social
host
at
a
private
social
gathering
in
a
private
place
which
is
not
on
the
licensed
premises.
Sec.
56.
Section
123.122,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
A
person
shall
not
cause
the
manufacture,
importation,
or
sale
of
beer
in
this
state
unless
a
certificate
or
permit
as
provided
in
this
subchapter
,
or
a
liquor
control
retail
alcohol
license
as
provided
in
subchapter
I
of
this
chapter
,
is
first
obtained
which
authorizes
that
manufacture,
importation,
or
sale.
Sec.
57.
Section
123.124,
Code
2022,
is
amended
to
read
as
follows:
123.124
Beer
permits
——
classes.
Permits
for
the
manufacture
and
sale,
or
sale,
of
beer
shall
Senate
File
2374,
p.
48
be
divided
into
four
classes,
known
as
class
“A”
,
and
special
class
“A”
,
class
“B”,
or
class
“C”
beer
permits
.
A
holder
of
a
class
“A”
or
special
class
“A”
beer
permit
shall
have
the
authority
as
provided
in
section
123.130
.
A
holder
of
a
class
“B”
beer
permit
shall
have
the
authority
as
provided
in
section
123.131
,
and
a
holder
of
a
class
“C”
beer
permit
shall
have
the
authority
as
provided
in
section
123.132
.
Sec.
58.
Section
123.125,
Code
2022,
is
amended
to
read
as
follows:
123.125
Issuance
of
beer
permits.
The
administrator
shall
issue
class
“A”
,
and
special
class
“A”
,
class
“B”,
and
class
“C”
beer
permits
and
may
suspend
or
revoke
permits
for
cause
as
provided
in
this
chapter
.
Sec.
59.
Section
123.127,
subsection
2,
paragraph
h,
Code
2022,
is
amended
to
read
as
follows:
h.
If
the
person
is
applying
for
a
special
class
“A”
beer
permit,
that
the
applicant
holds
or
has
applied
for
a
class
“C”
liquor
control
or
special
class
“C”
retail
alcohol
license
or
class
“B”
beer
permit
.
Sec.
60.
Section
123.130,
subsection
1,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
Any
person
holding
a
class
“A”
beer
permit
issued
by
the
division
shall
be
authorized
to
manufacture
and
sell,
or
sell
at
wholesale,
beer
for
consumption
off
the
premises,
such
sales
within
the
state
to
be
made
only
to
persons
holding
a
subsisting
class
“A”
,
“B”,
or
“C”
beer
permits
permit
,
both
a
class
“C”
native
wine
permit
and
a
class
“A”
wine
permit
pursuant
to
section
123.178B,
subsection
4
,
or
liquor
control
retail
alcohol
licenses
,
excluding
a
special
class
“B”
retail
native
wine
license,
issued
in
accordance
with
the
provisions
of
this
chapter
.
However,
a
person
holding
a
class
“A”
beer
permit
issued
by
the
division
who
also
holds
a
brewer’s
notice
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury
shall
be
authorized
to
sell,
at
wholesale,
no
more
than
thirty
thousand
barrels
of
beer
on
an
annual
basis
for
consumption
off
the
premises
to
a
licensee
or
permittee
authorized
under
this
chapter
to
sell
beer
at
retail.
Sec.
61.
Section
123.130,
subsections
2
and
4,
Code
2022,
Senate
File
2374,
p.
49
are
amended
to
read
as
follows:
2.
Pursuant
to
section
123.45,
subsection
3
,
a
native
brewery
may
be
granted
not
more
than
two
class
“B”
beer
permits
as
defined
in
section
123.124
for
the
purpose
of
selling
beer
at
retail
for
consumption
on
or
off
the
premises
of
the
manufacturing
facility
class
“C”
retail
alcohol
licenses
.
4.
All
special
class
“A”
premises
shall
be
located
within
the
state.
A
person
who
holds
a
special
class
“A”
beer
permit
for
the
same
location
at
which
the
person
holds
a
class
“C”
liquor
control
or
special
class
“C”
retail
alcohol
license
or
class
“B”
beer
permit
for
the
purpose
of
operating
as
a
brewpub
may
manufacture
and
sell
beer
to
be
consumed
on
the
premises,
may
sell
beer
at
retail
at
the
manufacturing
premises
for
consumption
off
the
premises
beer
that
is
transferred
at
the
time
of
sale
to
another
container
subject
to
the
requirements
of
section
123.131,
subsection
2
,
may
sell
beer
to
a
class
“A”
beer
permittee
for
resale
purposes,
and
may
sell
beer
to
distributors
outside
of
the
state
that
are
authorized
by
the
laws
of
that
jurisdiction
to
sell
beer
at
wholesale.
The
permit
issued
to
holders
of
a
special
class
“A”
beer
permit
shall
clearly
state
on
its
face
that
the
permit
is
limited.
Sec.
62.
Section
123.135,
subsection
4,
Code
2022,
is
amended
to
read
as
follows:
4.
It
shall
be
unlawful
for
any
holder
of
a
certificate
of
compliance
or
the
holder’s
agent,
or
any
class
“A”
beer
permit
holder
or
the
beer
permit
holder’s
agent,
to
grant
to
any
retail
beer
permit
alcohol
license
holder,
directly
or
indirectly,
any
rebates,
free
goods,
or
quantity
discounts
on
beer
which
are
not
uniformly
offered
to
all
retail
permittees
alcohol
licensees
.
Sec.
63.
Section
123.138,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
Each
class
“A”
or
special
class
“A”
beer
permittee
shall
keep
proper
records
showing
the
amount
of
beer
sold
by
the
permittee,
and
these
records
shall
be
at
all
times
open
to
inspection
by
the
administrator
and
to
other
persons
pursuant
to
section
123.30,
subsection
1
.
Each
class
“B”
beer
permittee,
class
“C”
beer
permittee,
or
retail
liquor
control
alcohol
licensee
as
described
in
section
123.30
shall
Senate
File
2374,
p.
50
keep
proper
records
showing
each
purchase
of
beer
made
by
the
permittee
or
licensee,
and
the
date
and
the
amount
of
each
purchase
and
the
name
of
the
person
from
whom
each
purchase
was
made,
which
records
shall
be
open
to
inspection
pursuant
to
section
123.30,
subsection
1
,
during
normal
business
hours
of
the
permittee
or
licensee.
Sec.
64.
Section
123.138,
subsection
2,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
Each
class
“B”,
“C”,
or
special
class
“C”
liquor
control
retail
alcohol
licensee
and
class
“B”
or
“C”
beer
permittee
who
sells
beer
for
off-premises
consumption
shall
affix
to
each
keg
of
beer
an
identification
sticker
label
provided
by
the
administrator.
The
sticker
label
provided
shall
allow
for
its
full
removal
when
common
external
keg
cleaning
procedures
are
performed.
For
the
purposes
of
this
subsection
,
“keg”
means
all
durable
and
disposable
containers
with
a
liquid
capacity
of
five
gallons
or
more.
Each
class
“B”,
“C”,
or
special
class
“C”
liquor
control
retail
alcohol
licensee
and
class
“B”
or
“C”
beer
permittee
shall
also
keep
a
record
of
the
identification
sticker
label
number
of
each
keg
of
beer
sold
by
the
licensee
or
permittee
with
the
name
and
address
of
the
purchaser
and
the
number
of
the
purchaser’s
driver’s
license,
nonoperator’s
identification
card,
or
military
identification
card,
if
the
military
identification
card
contains
a
picture
and
signature.
This
information
shall
be
retained
by
the
licensee
or
permittee
for
a
minimum
of
ninety
days.
The
records
kept
pursuant
to
this
subsection
shall
be
available
for
inspection
by
any
law
enforcement
officer
during
normal
business
hours.
Sec.
65.
Section
123.138,
subsection
2,
paragraph
b,
Code
2022,
is
amended
to
read
as
follows:
b.
(1)
The
division
shall
provide
the
keg
identification
stickers
labels
described
in
paragraph
“a”
and
shall,
prior
to
utilizing
a
sticker
label
,
notify
licensed
brewers
and
licensed
beer
importers
of
the
type
of
sticker
label
to
be
utilized.
Each
sticker
label
shall
contain
a
number
and
the
following
statement:
It
is
unlawful
to
sell,
give,
or
otherwise
supply
any
alcoholic
beverage,
wine,
or
beer
to
any
person
under
legal
age.
Any
person
who
defaces
this
sticker
label
shall
be
guilty
Senate
File
2374,
p.
51
of
criminal
mischief
punishable
pursuant
to
section
716.6
and
shall
cause
the
forfeiture
of
any
deposit,
if
applicable
.
(2)
The
identification
sticker
label
shall
be
placed
on
the
keg
at
the
time
of
retail
sale.
The
licensee
or
permittee
shall
purchase
obtain
the
stickers
labels
referred
to
in
this
subsection
from
the
division
and
shall
remit
to
the
division
deposits
forfeited
pursuant
to
this
lettered
paragraph
due
to
defacement
.
The
cost
of
the
stickers
labels
to
licensees
and
permittees
shall
not
exceed
the
division’s
cost
of
producing
and
distributing
the
stickers
labels
.
The
moneys
collected
by
the
division
relating
to
the
sale
of
stickers
and
forfeited
deposits
labels
shall
be
credited
to
the
beer
and
liquor
control
fund.
Sec.
66.
Section
123.138,
subsection
2,
paragraph
d,
Code
2022,
is
amended
by
striking
the
paragraph.
Sec.
67.
Section
123.141,
Code
2022,
is
amended
to
read
as
follows:
123.141
Keeping
liquor
where
beer
is
sold.
No
alcoholic
liquor
for
beverage
purposes
shall
be
used,
or
kept
for
any
purpose
in
the
place
of
business
of
a
special
class
“B”
beer
permittees
“C”
retail
alcohol
licensee
,
or
on
the
premises
of
such
special
class
“B”
beer
permittees
“C”
retail
alcohol
licensee
,
at
any
time.
A
violation
of
any
provision
of
this
section
shall
be
grounds
for
suspension
or
revocation
of
the
beer
permit
pursuant
to
section
123.50,
subsection
3
.
This
section
shall
not
apply
in
any
manner
or
in
any
way
to
the
premises
of
any
hotel
or
motel
for
which
a
special
class
“B”
beer
permit
“C”
retail
alcohol
license
has
been
issued,
other
than
that
part
of
such
premises
regularly
used
by
the
hotel
or
motel
for
the
principal
purpose
of
selling
beer
or
food
to
the
general
public,
to
a
premises
for
which
both
a
class
“B”
beer
permit
and
a
class
“A”
native
distilled
spirits
license
have
been
issued,
or
to
keep
a
pharmacy
from
having
alcohol
in
stock
for
medicinal
and
compounding
purposes.
Sec.
68.
Section
123.142,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
It
is
unlawful
for
the
holder
of
a
class
“B”
or
class
“C”
beer
permit
retail
alcohol
license
issued
under
this
chapter
to
sell
beer,
except
beer
brewed
on
the
premises
covered
by
a
Senate
File
2374,
p.
52
special
class
“A”
beer
permit
or
beer
purchased
from
a
person
holding
a
class
“A”
beer
permit
issued
in
accordance
with
this
chapter
,
and
on
which
the
tax
provided
in
section
123.136
has
been
paid.
However,
this
section
does
not
apply
to
class
“D”
liquor
control
retail
alcohol
licensees
as
provided
in
this
chapter
.
Sec.
69.
Section
123.143,
subsection
1,
Code
2022,
is
amended
by
striking
the
subsection.
Sec.
70.
Section
123.143,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
All
permit
fees
collected
by
the
division
under
this
subchapter
shall
accrue
to
the
beer
and
liquor
control
fund,
except
as
otherwise
provided.
All
permit
fees
and
taxes
collected
by
the
division
under
this
subchapter
shall
accrue
to
the
state
general
fund,
except
as
otherwise
provided.
Sec.
71.
Section
123.171,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
A
person
shall
not
cause
the
manufacture,
importation,
or
sale
of
wine
in
this
state
unless
a
certificate
or
permit
as
provided
in
this
subchapter
,
or
a
liquor
control
retail
alcohol
license
as
provided
in
subchapter
I
of
this
chapter
,
is
first
obtained
which
authorizes
that
manufacture,
importation,
or
sale.
Sec.
72.
Section
123.173,
Code
2022,
is
amended
to
read
as
follows:
123.173
Wine
permits
permit
——
classes
class
“A”
——
authority.
1.
Except
as
provided
in
section
123.187
,
permits
a
permit
exclusively
for
the
sale
or
manufacture
and
sale
of
wine
shall
be
divided
into
four
classes,
and
shall
be
known
as
a
class
“A”
,
“B”,
“B”
native,
or
“C”
native
wine
permits
permit
.
2.
A
class
“A”
wine
permit
allows
the
holder
to
manufacture
and
sell,
or
sell
at
wholesale,
in
this
state,
wine.
The
holder
of
a
class
“A”
wine
permit
may
manufacture
in
this
state
wine
having
an
alcoholic
content
greater
than
seventeen
percent
by
weight
or
twenty-one
and
twenty-five
hundredths
percent
of
alcohol
by
volume
for
shipment
outside
this
state.
All
class
“A”
premises
shall
be
located
within
the
state.
A
class
“B”
or
class
“B”
native
wine
permit
allows
the
holder
to
sell
wine
at
Senate
File
2374,
p.
53
retail
for
consumption
off
the
premises.
A
class
“B”
or
class
“B”
native
wine
permittee
who
also
holds
a
class
“E”
liquor
control
license
may
sell
wine
to
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
and
class
“D”
liquor
control
licensees
for
resale
for
consumption
on
the
premises.
Such
wine
sales
shall
be
in
quantities
of
less
than
one
case
of
any
wine
brand
but
not
more
than
one
such
sale
shall
be
made
to
the
same
liquor
control
licensee
in
a
twenty-four-hour
period.
A
class
“B”
or
class
“B”
native
wine
permittee
shall
not
sell
wine
to
other
class
“B”
or
class
“B”
native
wine
permittees.
A
class
“C”
native
wine
permit
allows
the
holder
to
sell
native
wine
for
consumption
on
or
off
the
premises.
3.
A
class
“A”
wine
permittee
shall
be
required
to
deliver
wine
to
a
retail
wine
permittee
alcohol
licensee
,
and
a
retail
wine
permittee
alcohol
licensee
shall
be
required
to
accept
delivery
of
wine
from
a
class
“A”
wine
permittee,
only
at
the
licensed
premises
of
the
retail
wine
permittee
alcohol
licensee
.
Except
as
specifically
permitted
by
the
division
upon
good
cause
shown,
delivery
or
transfer
of
wine
from
an
unlicensed
premises
to
a
licensed
retail
wine
permittee’s
alcohol
licensee’s
premises,
or
from
one
licensed
retail
wine
permittee’s
alcohol
licensee’s
premises
to
another
licensed
retail
wine
permittee’s
alcohol
licensee’s
premises,
even
if
there
is
common
ownership
of
all
of
the
premises
by
one
retail
permittee,
is
prohibited.
A
class
“B”
or
class
“B”
native
wine
permittee
who
also
holds
a
class
“E”
liquor
control
license
shall
keep
and
maintain
records
for
each
sale
of
wine
to
liquor
control
licensees
showing
the
name
of
the
establishment
to
which
wine
was
sold,
the
date
of
sale,
and
the
brands
and
number
of
bottles
sold
to
the
liquor
control
licensee.
4.
When
a
class
“B”
or
class
“B”
native
wine
permittee
who
also
holds
a
class
“E”
liquor
control
license
sells
wine
to
a
liquor
control
licensee,
the
liquor
control
licensee
shall
sign
a
report
attesting
to
the
purchase.
The
class
“B”
or
class
“B”
native
wine
permittee
who
also
holds
a
class
“E”
liquor
control
license
shall
submit
a
report
to
the
division
electronically,
or
in
a
manner
prescribed
by
the
administrator,
not
later
than
the
tenth
of
each
month
stating
each
sale
of
wine
to
liquor
control
licensees
during
the
preceding
month,
the
date
of
each
Senate
File
2374,
p.
54
sale,
and
the
brands
and
numbers
of
bottles
with
each
sale.
A
class
“B”
permittee
who
holds
a
class
“E”
liquor
control
license
may
sell
to
class
“A”,
class
“B”,
or
class
“C”
liquor
control
licensees
only
if
the
licensed
premises
of
the
liquor
control
licensee
is
located
within
the
geographic
territory
of
the
class
“A”
wine
permittee
from
which
the
wine
was
originally
purchased
by
the
class
“B”
or
class
“B”
native
wine
permittee.
Sec.
73.
Section
123.173A,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
123.173A
Charity
beer,
spirits,
and
wine
special
event
license.
1.
For
purposes
of
this
section:
a.
“Authorized
nonprofit
entity”
includes
a
nonprofit
entity
which
has
a
principal
office
in
the
state,
a
nonprofit
corporation
organized
under
chapter
504,
or
a
foreign
corporation
as
defined
in
section
504.141,
whose
income
is
exempt
from
federal
taxation
under
section
501(c)
of
the
Internal
Revenue
Code.
b.
“Charity
auction”
means
an
auction
conducted
by
an
authorized
nonprofit
entity
which
includes
beer,
spirits,
and
wine.
c.
“Charity
event”
means
an
event
at
which
an
authorized
nonprofit
entity
may
serve
the
event’s
attendees
beer,
spirits,
and
wine
for
consumption
on
the
premises
of
the
event,
regardless
of
whether
the
entity
charges
an
admission
fee
to
the
event
or
otherwise
collects
the
cost
of
the
beer,
spirits,
and
wine
served
from
the
event’s
attendees.
d.
“Charity
special
event”
means
a
charity
auction,
charity
event,
or
a
combined
charity
auction
and
charity
event.
2.
Upon
application
to
the
division
and
receipt
of
a
charity
beer,
spirits,
and
wine
special
event
license,
an
authorized
nonprofit
entity
may
conduct
a
charity
special
event
subject
to
the
requirements
of
this
section.
3.
A
charity
auction
conducted
by
a
charity
beer,
spirits,
and
wine
special
event
licensee
shall
comply
with
the
following
requirements:
a.
The
authorized
nonprofit
entity
conducting
the
charity
auction
shall
obtain
the
beer,
spirits,
and
wine
to
be
auctioned
at
the
charity
auction
from
an
Iowa
retail
alcohol
Senate
File
2374,
p.
55
licensee,
or
may
receive
donations
of
beer,
spirits,
or
wine
to
be
auctioned
at
the
charity
auction
from
persons
who
purchased
the
donated
beer,
spirits,
or
wine
from
an
Iowa
retail
alcohol
licensee
or
an
Iowa
class
“A”
native
distilled
spirits
licensee
and
who
present
a
receipt
documenting
the
purchase
at
the
time
the
beer,
spirits,
or
wine
is
donated.
The
authorized
nonprofit
entity
conducting
the
charity
auction
shall
retain
a
copy
of
the
receipt
for
a
period
of
one
year
from
the
date
of
the
charity
beer,
spirits,
and
wine
auction.
b.
The
beer,
spirits,
and
wine
sold
at
the
charity
auction
shall
be
in
original
containers
for
consumption
off
of
the
premises
where
the
charity
auction
is
conducted.
No
other
alcoholic
beverage
may
be
sold
by
the
charity
beer,
spirits,
and
wine
special
event
licensee
at
the
charity
auction.
A
purchaser
of
beer,
spirits,
or
wine
at
a
charity
auction
shall
not
take
possession
of
the
beer,
spirits,
or
wine
until
the
person
is
leaving
the
event.
A
purchaser
of
beer,
spirits,
or
wine
at
a
charity
auction
shall
not
open
the
container
or
consume
or
permit
the
consumption
of
the
beer,
spirits,
or
wine
purchased
on
the
premises
where
the
charity
auction
is
conducted.
A
purchaser
of
beer,
spirits,
or
wine
at
a
charity
auction
shall
not
resell
the
beer,
spirits,
or
wine.
c.
A
retail
alcohol
licensee
or
class
“A”
native
distilled
spirits
licensee
shall
not
purchase
beer,
spirits,
or
wine
at
a
charity
auction.
The
charity
auction
may
be
conducted
on
a
premises
for
which
a
class
“B”
or
class
“C”
retail
alcohol
license
has
been
issued,
provided
that
the
retail
alcohol
licensee
does
not
participate
in
the
charity
auction,
supply
beer,
spirits,
or
wine
to
be
auctioned
at
the
charity
auction,
or
receive
any
of
the
proceeds
of
the
charity
auction.
4.
A
charity
event
conducted
by
a
charity
beer,
spirits,
and
wine
special
event
licensee
shall
comply
with
the
following
requirements:
a.
The
charity
event
shall
be
conducted
on
a
premises
covered
by
a
valid
retail
alcohol
license
issued
by
the
division.
b.
The
authorized
nonprofit
entity
conducting
a
charity
event
shall
have
a
written
agreement
with
the
retail
alcohol
licensee
covering
the
premises
where
the
charity
event
is
to
be
Senate
File
2374,
p.
56
conducted
specifying
that
that
licensee
shall
act
as
the
agent
of
the
authorized
nonprofit
entity
for
the
purpose
of
providing
and
serving
alcoholic
beverages
to
the
attendees
of
the
charity
event.
c.
The
retail
alcohol
licensee
covering
the
premises
where
the
charity
event
is
to
be
conducted
shall
supply
all
alcoholic
beverages
served
to
the
attendees
of
the
charity
event.
d.
Only
those
types
of
alcoholic
beverages
as
are
authorized
to
be
sold
by
the
retail
alcohol
license
covering
the
premises
where
the
charity
event
is
to
be
conducted
are
to
be
served
to
the
attendees
of
the
charity
event.
5.
An
application
for
a
charity
beer,
spirits,
and
wine
special
event
license
to
conduct
a
charity
special
event
shall
include
all
of
the
following
information:
a.
The
date
and
time
when
the
charity
special
event
is
to
be
conducted
and
the
location
of
the
premises
in
this
state
where
the
charity
special
event
is
to
be
physically
conducted.
b.
The
retail
alcohol
license
number
issued
by
the
division
for
the
premises
where
a
charity
event
is
to
be
conducted,
if
applicable.
c.
A
certification
that
the
objective
of
the
charity
special
event
is
to
raise
funds
solely
to
be
used
for
educational,
religious,
or
charitable
purposes
and
that
the
entire
proceeds
from
the
charity
special
event
are
to
be
expended
for
any
of
the
purposes
described
in
section
423.3,
subsection
78.
6.
An
authorized
nonprofit
entity
shall
be
eligible
to
receive
no
more
than
two
charity
beer,
spirits,
and
wine
special
event
licenses
during
a
calendar
year
and
each
charity
beer,
spirits,
and
wine
special
event
license
shall
be
valid
for
a
period
not
to
exceed
thirty-six
consecutive
hours.
7.
Any
violation
of
the
requirements
of
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
shall
subject
the
charity
beer,
spirits,
and
wine
special
event
license
holder
to
the
general
penalties
provided
in
this
chapter
and
shall
constitute
grounds
for
imposition
of
a
civil
penalty,
suspension
of
the
license,
or
revocation
of
the
permit
after
notice
and
opportunity
for
a
hearing
pursuant
to
section
123.39
and
chapter
17A.
Sec.
74.
Section
123.175,
subsection
1,
unnumbered
Senate
File
2374,
p.
57
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
A
person
applying
for
a
class
“A”
or
retail
wine
permit
shall
submit
a
completed
application
electronically,
or
in
a
manner
prescribed
by
the
administrator,
which
shall
set
forth
under
oath
the
following:
Sec.
75.
Section
123.175,
subsection
1,
paragraph
e,
Code
2022,
is
amended
to
read
as
follows:
e.
When
required
by
the
administrator,
and
in
such
form
and
containing
such
information
as
the
administrator
may
require,
a
description
of
the
premises
where
the
applicant
intends
to
use
the
permit,
to
include
a
sketch
or
drawing
of
the
premises
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
space
which
comprises
the
retail
sales
area
of
the
premises
.
Sec.
76.
Section
123.175,
subsection
2,
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
The
administrator
shall
issue
a
class
“A”
or
retail
wine
permit
to
any
applicant
who
establishes
all
of
the
following:
Sec.
77.
Section
123.175,
subsection
2,
paragraphs
d
and
g,
Code
2022,
are
amended
to
read
as
follows:
d.
That
,
in
the
case
of
a
class
“A”
wine
permit,
the
applicant
has
filed
with
the
division
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
and
that
the
applicant
will
faithfully
observe
and
comply
with
all
the
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
wine.
g.
That
the
applicant
has
submitted
,
in
the
case
of
a
class
“A”
wine
permit,
a
bond
in
the
amount
of
five
thousand
dollars
in
a
manner
prescribed
by
the
administrator
with
good
and
sufficient
sureties
to
be
approved
by
the
division
conditioned
upon
compliance
with
this
chapter
.
Sec.
78.
Section
123.176,
subsections
2,
5,
and
7,
Code
2022,
are
amended
to
read
as
follows:
2.
Native
wine
may
be
sold
at
retail
for
off-premises
consumption
when
sold
on
the
premises
of
the
manufacturer,
or
in
a
retail
establishment
operated
by
the
manufacturer.
Sales
may
also
be
made
to
class
“A”
or
retail
wine
permittees
or
liquor
control
alcohol
licensees
as
authorized
by
sections
123.173
123.30
and
123.177
.
A
manufacturer
of
native
wines
shall
not
sell
the
wines
other
than
as
permitted
in
this
Senate
File
2374,
p.
58
chapter
and
shall
not
allow
wine
sold
to
be
consumed
upon
the
premises
of
the
manufacturer.
However,
prior
to
sale,
native
wines
may
be
tasted
pursuant
to
the
rules
of
the
division
on
the
premises
where
made,
when
no
charge
is
made
for
the
tasting.
5.
Notwithstanding
any
other
provision
of
this
chapter
,
a
person
engaged
in
the
business
of
manufacturing
native
wine
may
sell
native
wine
at
retail
for
consumption
on
the
premises
of
the
manufacturing
facility
by
applying
for
be
granted
a
class
“C”
native
wine
permit
retail
alcohol
license
as
provided
defined
in
section
123.178B
123.30
.
A
manufacturer
of
native
wine
may
be
granted
not
more
than
two
class
“C”
native
wine
permits
retail
alcohol
licenses
.
A
manufacturer
of
native
wine
may
be
issued
a
class
“C”
native
wine
permit
retail
alcohol
license
regardless
of
whether
the
manufacturer
is
also
a
manufacturer
of
beer
pursuant
to
a
class
“A”
beer
permit
or
a
manufacturer
of
native
distilled
spirits
pursuant
to
a
class
“A”
native
distilled
spirits
license.
7.
A
manufacturer
may
use
the
space
and
equipment
of
another
manufacturer
for
the
purpose
of
manufacturing
native
wine,
provided
that
such
an
alternating
proprietorship
arrangement
is
approved
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury.
A
separate
class
“A”
wine
permit
shall
be
issued
to
each
manufacturer,
and
each
manufacturer
shall
be
subject
to
the
provisions
of
this
chapter
and
the
rules
of
the
division.
Notwithstanding
subsection
5
,
not
more
than
one
class
“C”
native
wine
permit
retail
alcohol
license
shall
be
issued
to
a
premises
with
alternating
proprietorships.
Sec.
79.
Section
123.177,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
A
person
holding
a
class
“A”
wine
permit
may
manufacture
and
sell,
or
sell
at
wholesale,
wine
for
consumption
off
the
premises.
Sales
within
the
state
may
be
made
only
to
persons
holding
a
class
“A”
or
“B”
wine
permit
and
to
persons
holding
a
retail
liquor
control
alcohol
license.
However,
if
the
person
holding
the
class
“A”
permit
is
a
manufacturer
of
native
wine,
the
person
may
sell
only
native
wine
to
a
person
holding
a
retail
wine
permit
or
a
retail
liquor
control
alcohol
license.
Senate
File
2374,
p.
59
A
person
holding
a
class
“A”
wine
permit
may
sell
wine
to
distributors
outside
of
the
state
that
are
authorized
by
the
laws
of
that
jurisdiction
to
sell
wine
at
wholesale.
A
class
“A”
wine
permittee
having
more
than
one
place
of
business
shall
obtain
a
separate
permit
for
each
place
of
business
where
wine
is
to
be
manufactured,
stored,
warehoused,
or
sold.
Sec.
80.
Section
123.177,
subsection
3,
Code
2022,
is
amended
by
striking
the
subsection.
Sec.
81.
Section
123.180,
subsection
4,
Code
2022,
is
amended
to
read
as
follows:
4.
It
is
unlawful
for
a
holder
of
a
vintner’s
certificate
of
compliance
or
the
holder’s
agent,
or
any
class
“A”
wine
permittee
or
the
permittee’s
agent,
to
discriminate
between
class
“B”
wine
permittees
class
“B”,
special
class
“B”,
and
class
“E”
retail
alcohol
licensees
authorized
to
sell
wine
at
retail.
Sec.
82.
Section
123.181,
subsection
1,
Code
2022,
is
amended
by
striking
the
subsection.
Sec.
83.
Section
123.181,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
A
class
“A”
wine
permittee
shall
not
sell
wine
on
credit
to
a
retail
alcohol
licensee
or
permittee
for
a
period
exceeding
thirty
days
from
date
of
delivery.
Sec.
84.
Section
123.187,
subsection
2,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
Only
a
wine
manufacturer
that
holds
a
wine
direct
shipper
permit
issued
pursuant
to
this
section
shall
sell
wine
at
retail
for
direct
shipment
to
any
person
within
this
state.
This
section
shall
not
prohibit
an
authorized
retail
licensee
or
permittee
from
delivering
wine
pursuant
to
section
123.46A
.
Sec.
85.
Section
123.187,
subsection
2,
paragraph
d,
Code
2022,
is
amended
by
striking
the
paragraph.
Sec.
86.
Section
125.59,
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
The
treasurer
of
state,
on
each
July
1
for
that
fiscal
year,
shall
transfer
the
estimated
amounts
to
be
received
from
section
123.36,
subsection
8
and
section
123.143,
subsection
1
for
purposes
of
this
section
to
the
department.
Sec.
87.
REPEAL.
Sections
123.97,
123.123,
123.150,
Senate
File
2374,
p.
60
123.172,
123.173B,
and
123.185,
Code
2022,
are
repealed.
Sec.
88.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
January
1,
2023.
DIVISION
IV
CONFORMING
CHANGES
Sec.
89.
Section
7D.16,
Code
2022,
is
amended
to
read
as
follows:
7D.16
Alcoholic
beverages
in
state
capitol
or
on
complex
grounds.
Notwithstanding
any
contrary
provision
of
law
prohibiting
the
use
and
consumption
of
alcoholic
beverages
in
a
public
place,
the
executive
council
may
authorize,
by
resolution,
the
temporary
use
and
consumption
of
alcoholic
beverages,
as
defined
in
section
123.3
,
in
the
state
capitol
or
on
the
state
capitol
complex
grounds,
as
if
the
state
capitol
or
state
capitol
complex
grounds
were
a
private
place.
The
authorization
by
resolution
shall
be
limited
to
the
use
and
consumption
of
alcoholic
beverages
as
an
accompaniment
to
food
at
a
single
award
ceremony,
social
event,
or
other
occasion
deemed
appropriate
by
the
executive
council.
The
authorization
shall
require
that
the
person
providing
the
food
and
alcoholic
beverages
possess
an
appropriate
liquor
control
retail
alcohol
license
in
accordance
with
section
123.95
.
The
secretary
of
the
executive
council
shall
inform
the
secretary
of
the
legislative
council
and
the
director
of
the
department
of
administrative
services
of
the
approval
of
any
such
resolution.
Sec.
90.
Section
12.43,
subsection
5,
paragraph
e,
Code
2022,
is
amended
to
read
as
follows:
e.
Liquor,
beer,
and
wine
sales
must
not
exceed
twenty
percent
of
annual
sales
for
establishments
holding
a
class
“C”
liquor
retail
alcohol
license
issued
pursuant
to
section
123.30
.
Sec.
91.
Section
99B.3,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
A
person
whose
license
is
revoked
under
this
section
who
is
a
person
for
whom
a
class
“A”,
class
“B”,
class
“C”,
or
class
“D”
liquor
control
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
shall
have
the
person’s
liquor
control
retail
alcohol
license
suspended
for
a
period
of
fourteen
days
Senate
File
2374,
p.
61
in
the
same
manner
as
provided
in
section
123.50,
subsection
3
,
paragraph
“a”
.
Sec.
92.
Section
99B.3,
subsection
3,
Code
2022,
is
amended
by
striking
the
subsection.
Sec.
93.
Section
99B.43,
subsection
1,
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
Social
gambling
is
lawful
on
the
premises
of
an
establishment
for
which
a
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
“D”
liquor
control
,
or
class
“F”
retail
alcohol
license
,
or
class
“B”
beer
permit
has
been
issued
pursuant
to
chapter
123
when,
subject
to
the
provisions
of
section
99B.42
,
all
of
the
following
requirements
are
met:
Sec.
94.
Section
99B.43,
subsection
1,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
The
liquor
control
retail
alcohol
licensee
or
beer
permittee
has
submitted
an
application
for
a
social
gambling
license
and
a
license
fee
of
one
hundred
fifty
dollars
to
the
department,
and
a
license
has
been
issued.
Sec.
95.
Section
99B.43,
subsection
2,
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
A
liquor
control
retail
alcohol
licensee
or
beer
permittee
with
a
social
gambling
license
issued
pursuant
to
this
section
may
conduct
a
sports
betting
pool
if
all
of
the
requirements
of
this
subsection
are
met.
Sec.
96.
Section
99B.43,
subsection
3,
Code
2022,
is
amended
to
read
as
follows:
3.
An
establishment
issued
a
social
gambling
license
under
this
section
that
is
required
to
obtain
a
new
liquor
retail
alcohol
license
or
permit
under
chapter
123
due
to
a
change
in
ownership
shall
be
required
to
obtain
a
new
social
gambling
license
under
this
section
to
conduct
social
gambling.
Sec.
97.
Section
99B.53,
subsections
2,
3,
4,
and
13,
Code
2022,
are
amended
to
read
as
follows:
2.
Except
as
provided
in
subsection
3
,
an
electrical
or
mechanical
amusement
device
requiring
registration
may
be
located
on
premises
for
which
a
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
“D”
liquor
control
,
or
class
“F”
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
.
Senate
File
2374,
p.
62
3.
a.
An
electrical
or
mechanical
amusement
device
requiring
registration
may
be
located
on
premises
for
which
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
,
but
the
department
shall
not
initially
register
an
electrical
or
mechanical
amusement
device
to
an
owner
or
distributor
for
a
location
for
which
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
on
or
after
April
28,
2004.
b.
A
distributor
that
owns
an
amusement
device
at
a
location
for
which
only
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
shall
not
relocate
an
amusement
device
registered
as
provided
in
this
section
to
a
location
other
than
a
location
for
which
a
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
“D”
liquor
,
or
class
“F”
retail
alcohol
license
has
been
issued
and
shall
not
transfer,
assign,
sell,
or
lease
an
amusement
device
registered
as
provided
in
this
section
to
another
person
for
which
only
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
after
April
28,
2004.
c.
If
ownership
of
the
location
changes,
the
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
does
not
lapse,
and
the
device
is
not
removed
from
the
location,
the
device
may
remain
at
the
location.
4.
An
electrical
or
mechanical
amusement
device
required
to
be
registered
and
at
a
location
for
which
only
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
shall
include
on
the
device
a
security
mechanism
which
prevents
the
device
from
being
operated
by
a
person
until
action
is
taken
by
the
owner
or
owner’s
designee
to
allow
the
person
to
operate
the
device.
13.
A
person
owning
or
leasing
an
electrical
or
mechanical
amusement
device
required
to
be
registered
by
this
section
shall
not
relocate
and
place
into
operation
an
amusement
device
in
any
location
other
than
a
location
which
has
been
issued
an
appropriate
liquor
control
retail
alcohol
license
in
good
standing
and
to
which
the
device
has
been
appropriately
registered
with
the
department.
Senate
File
2374,
p.
63
Sec.
98.
Section
99B.55,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
a.
A
person
who
commits
an
offense
of
awarding
a
cash
prize
of
fifty
dollars
or
less
in
violation
of
section
99B.52,
subsection
3
,
pursuant
to
rules
adopted
by
the
department,
shall
be
subject
to
a
civil
penalty
in
the
amount
of
two
hundred
fifty
dollars.
Additional
sanctions
beyond
the
civil
penalty
prescribed
by
this
paragraph,
including
but
not
limited
to
the
suspension
or
revocation
of
any
liquor
control
retail
alcohol
license
issued
pursuant
to
chapter
123
or
registration
issued
pursuant
to
section
99B.53
or
99B.56
,
shall
not
be
applicable.
b.
A
person
who
commits,
within
two
years,
a
second
offense
of
awarding
a
cash
prize
of
fifty
dollars
or
less
in
violation
of
section
99B.52,
subsection
3
,
or
a
person
who
commits
an
offense
of
awarding
a
cash
prize
of
more
than
fifty
dollars
in
violation
of
section
99B.52,
subsection
3
,
pursuant
to
rules
adopted
by
the
department,
shall
be
subject
to
revocation
of
the
person’s
registration
and
the
following:
(1)
If
the
person
whose
registration
is
revoked
under
this
paragraph
“b”
is
a
person
for
which
a
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
“D”
liquor
control
,
or
class
“F”
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
,
the
person’s
liquor
control
retail
alcohol
license
shall
be
suspended
for
a
period
of
fourteen
days
in
the
same
manner
as
provided
in
section
123.50,
subsection
3
,
paragraph
“a”
.
(2)
If
the
person
whose
registration
is
revoked
under
this
paragraph
“b”
is
a
person
for
which
only
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
has
been
issued
pursuant
to
chapter
123
,
the
person’s
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
shall
be
suspended
for
a
period
of
fourteen
days
in
the
same
manner
as
provided
in
section
123.50,
subsection
3
,
paragraph
“a”
.
(3)
If
a
person
owning
or
employed
by
an
establishment
having
a
class
“A”,
class
“B”,
class
“C”,
special
class
“C”,
or
class
“D”
liquor
control
,
or
class
“F”
retail
alcohol
license
issued
pursuant
to
chapter
123
commits
an
offense
as
provided
in
this
paragraph
“b”
,
the
liquor
control
retail
alcohol
Senate
File
2374,
p.
64
license
of
the
establishment
shall
be
suspended
for
a
period
of
fourteen
days
in
the
same
manner
as
provided
in
section
123.50,
subsection
3
,
paragraph
“a”
.
(4)
If
a
person
owning
or
employed
by
an
establishment
having
a
class
“B”
or
class
“C”
beer
permit
“E”
retail
alcohol
license
issued
pursuant
to
chapter
123
commits
an
offense
as
provided
in
this
paragraph
“b”
,
the
beer
permit
retail
alcohol
license
of
the
establishment
shall
be
suspended
for
a
period
of
fourteen
days
in
the
same
manner
as
provided
in
section
123.50,
subsection
3
,
paragraph
“a”
.
Sec.
99.
Section
137F.1,
subsection
9,
paragraph
c,
Code
2022,
is
amended
to
read
as
follows:
c.
A
premises
covered
by
a
class
“A”
wine
permit
or
a
class
“B”
wine
permit
as
provided
in
chapter
123
.
Sec.
100.
Section
331.303,
subsection
4,
Code
2022,
is
amended
to
read
as
follows:
4.
Act
upon
applications
for
liquor
control
retail
alcohol
licenses
and
retail
beer
permits
in
accordance
with
section
123.32
.
Sec.
101.
Section
455C.4,
subsection
4,
Code
2022,
is
amended
to
read
as
follows:
4.
A
class
“E”
liquor
control
retail
alcohol
licensee
may
refuse
to
accept
and
to
pay
the
refund
value
on
an
empty
alcoholic
liquor
container
from
a
dealer
or
a
redemption
center
or
from
a
person
acting
on
behalf
of
or
who
has
received
empty
alcoholic
liquor
containers
from
a
dealer
or
a
redemption
center.
Sec.
102.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
January
1,
2023.
DIVISION
V
RESTAURANT
FOOD
DELIVERY
Sec.
103.
NEW
SECTION
.
137G.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Consent”
means
a
mutual
acknowledgment
by
a
restaurant
and
a
food
delivery
platform,
which
may
be
obtained
electronically.
2.
“Food
delivery
platform”
or
“platform”
means
a
business
that
acts
as
a
third-party
intermediary
by
taking
and
arranging
Senate
File
2374,
p.
65
for
the
delivery
or
pickup
of
orders
from
multiple
restaurants
for
consumers,
not
including
delivery
or
pickup
orders
placed
directly
with,
and
fulfilled
by,
a
restaurant.
“Food
delivery
platform”
does
not
include
websites,
mobile
applications,
or
other
electronic
services
that
do
not
post
restaurant
menus,
logos,
or
pricing
information
on
the
platform.
3.
“Likeness”
means
a
mark
or
trade
name.
4.
“Mark”
means
a
trademark
or
service
mark,
regardless
of
whether
the
trademark
or
service
mark
is
actually
registered
with
the
state
or
other
entity.
5.
“Restaurant”
means
a
business
in
the
state
that
operates
its
own
permanent
food
service
facilities
with
commercial
cooking
equipment
on
its
premises
and
prepares
and
offers
to
sell
multiple
entrees
for
consumption
on
or
off
the
premises.
6.
“Trade
name”
means
a
name
used
by
a
person
or
entity
to
identify
a
person
or
entity’s
vocation.
Sec.
104.
NEW
SECTION
.
137G.2
Restaurant
and
food
delivery
platform
——
requirements
——
penalties.
1.
A
food
delivery
platform
shall
be
prohibited
from
all
of
the
following:
a.
Using
a
restaurant’s
likeness
without
the
consent
of
the
restaurant
owner
or
the
owner’s
designee
in
a
manner
that
could
be
reasonably
interpreted
to
falsely
suggest
sponsorship
or
endorsement
by
the
restaurant.
b.
Taking
and
arranging
for
the
delivery
or
pickup
of
an
order
from
a
restaurant
without
the
consent
of
the
restaurant
owner
or
the
owner’s
designee.
c.
Intentionally
inflating
or
altering
a
restaurant’s
pricing
without
the
consent
of
the
restaurant
owner
or
the
owner’s
designee,
except
that
a
food
delivery
platform
may
charge
additional
fees
to
the
consumer
if
the
fees
are
noted
separately
to
the
consumer.
d.
Attempting
to
charge
a
restaurant,
or
expecting
the
restaurant
to
pay
or
absorb
any
fee,
commission,
or
charge
without
the
consent
of
the
restaurant
owner
or
the
owner’s
designee.
2.
A
food
delivery
platform
shall
do
all
of
the
following:
a.
Clearly
provide
to
the
consumer
a
mechanism
to
express
concerns
regarding
an
order
directly
to
the
food
delivery
Senate
File
2374,
p.
66
platform.
b.
Remove
a
restaurant
from
the
food
delivery
platform’s
services
within
ten
days
of
receiving
the
restaurant’s
request
for
removal
unless
an
agreement
between
the
food
delivery
platform
and
the
restaurant
states
otherwise.
3.
An
agreement
between
a
food
delivery
platform
and
a
restaurant
to
take
and
arrange
for
the
delivery
or
pickup
of
orders
shall
include
all
of
the
following:
a.
Authorization
for
the
food
delivery
platform
to
take
and
arrange
for
the
delivery
and
pickup
of
orders
from
the
restaurant.
b.
Clear
identification
of
any
fee,
commission,
or
charge
that
the
restaurant
will
be
required
to
pay
or
absorb.
4.
An
agreement
between
a
food
delivery
platform
and
a
restaurant
to
take
and
arrange
for
the
delivery
or
pickup
of
orders
shall
not
include
provisions,
clauses,
or
covenants
that
require
a
restaurant
to
indemnify
a
food
delivery
platform,
or
any
employee,
independent
contractor,
or
agent
of
the
food
delivery
platform,
for
any
damages
or
harm
caused
by
the
actions
or
omissions
of
the
food
delivery
platform
or
any
employee,
independent
contractor,
or
agent
of
the
food
delivery
platform.
5.
a.
A
provision
of
an
agreement
between
a
food
delivery
platform
and
a
restaurant,
or
the
obtaining
of
consent,
that
is
contrary
to
this
chapter
is
void
and
unenforceable.
b.
An
aggrieved
restaurant
or
the
attorney
general
may
seek
judicial
enforcement
of
the
requirements
of
this
chapter
in
an
action
brought
against
a
food
delivery
platform
in
the
county
in
which
the
violation
occurred.
The
following
civil
penalties
shall
be
imposed
for
a
violation
of
this
chapter:
(1)
A
one
thousand
dollar
penalty
for
a
first
violation.
(2)
A
two
thousand
five
hundred
dollar
penalty
for
a
second
violation.
(3)
A
ten
thousand
dollar
penalty
for
a
third
and
subsequent
violation.
6.
a.
The
attorney
general
or
a
restaurant
may,
in
addition
to
penalties
imposed
pursuant
to
subsection
5,
bring
an
action
to
enjoin
a
violation
of
this
chapter.
If
the
court
finds
a
violation
of
this
chapter,
the
court
shall
issue
an
injunction
Senate
File
2374,
p.
67
against
a
food
delivery
platform
and
may
require
the
platform
to
pay
to
the
injured
restaurant
all
profits
derived
from,
or
damages
resulting
from,
the
wrongful
acts
and
order
that
the
wrongful
acts
be
terminated.
b.
If
the
court
finds
that
the
food
delivery
platform
committed
a
wrongful
act
in
bad
faith
in
violation
of
this
chapter
by
not
entering
into
an
agreement
or
obtaining
consent,
the
court,
in
the
court’s
discretion,
shall:
(1)
Enter
a
judgment
in
an
amount
not
to
exceed
three
times
the
amount
of
profits
and
damages.
(2)
Award
reasonable
attorney’s
fees
to
the
restaurant.
Sec.
105.
NEW
SECTION
.
137G.3
Food
safety
——
liability.
1.
Orders
delivered
through
a
food
delivery
platform
shall
be
transported
in
a
manner
that
meets
all
of
the
following
requirements:
a.
The
order
shall
be
maintained
at
a
holding
temperature
necessary
to
prevent
spoilage.
b.
All
bags
or
containers
in
which
orders
are
being
transported
or
delivered
from
a
restaurant
to
a
customer
shall
be
closed
or
sealed
by
the
restaurant
with
a
tamper-resistant
method.
c.
The
individual
delivering
orders
shall
not
have
any
passengers,
including
animals
or
children
when
orders
for
delivery
are
being
transported
in
the
vehicle,
except
for
one
adult
passenger
not
engaging
in
payment
for
ride-share
services.
d.
Smoking
or
vaping
in
the
vehicle
while
orders
are
in
the
vehicle
shall
be
prohibited.
2.
A
food
delivery
platform
transporting
orders
shall
be
liable
for
any
harm
or
injury
caused
by
a
failure
by
the
food
delivery
platform
to
meet
the
requirements
of
this
chapter.
Sec.
106.
APPLICABILITY.
This
division
of
this
Act
applies
to
agreements
entered
into
between
a
restaurant
and
a
food
delivery
platform
on
or
after
the
effective
date
of
this
Act.
DIVISION
VI
TRANSITION
PROVISIONS
Sec.
107.
TRANSITION
PROVISIONS.
1.
Any
license
or
permit
issued
by
the
alcoholic
beverages
division
of
the
department
of
commerce
that
is
repealed,
Senate
File
2374,
p.
68
merged,
or
altered
in
this
Act,
and
in
effect
on
January
1,
2023,
shall
continue
in
full
force
and
effect
with
the
authority
granted
by
that
license
or
permit
until
expiration
or
renewal.
2.
The
alcoholic
beverages
division
of
the
department
of
commerce
shall
be
authorized
to
adopt
alternative
procedures
for
the
issuance
of
any
license
or
permit
that
is
repealed,
merged,
or
altered
in
this
Act
on
January
1,
2023,
that
are
issued
on
or
after
the
effective
date
of
this
division
of
this
Act
but
before
January
1,
2023.
The
alternative
procedures
shall
not
be
inconsistent
with
the
provisions
of
this
Act
governing
the
issuance
of
licenses
or
permits
on
or
after
January
1,
2023.
Sec.
108.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2374,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor