Bill Text: IA HF260 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for the direct shipment of beer and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-01 - Subcommittee recommends passage. Vote Total: 2-0. [HF260 Detail]
Download: Iowa-2023-HF260-Introduced.html
House
File
260
-
Introduced
HOUSE
FILE
260
BY
JONES
A
BILL
FOR
An
Act
providing
for
the
direct
shipment
of
beer
and
including
1
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
123.32,
subsection
1,
paragraph
b,
Code
1
2023,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(06)
A
beer
direct
shipper
license
as
3
provided
in
section
123.147.
4
Sec.
2.
Section
123.46A,
subsection
5,
Code
2023,
is
amended
5
to
read
as
follows:
6
5.
Nothing
in
this
section
shall
impact
the
direct
shipment
7
of
beer
as
regulated
by
section
123.147
or
the
direct
shipment
8
of
wine
as
regulated
by
section
123.187
.
9
Sec.
3.
Section
123.136,
subsection
1,
Code
2023,
is
amended
10
to
read
as
follows:
11
1.
In
addition
to
the
annual
permit
fee
to
be
paid
by
12
all
class
“A”
beer
permittees
under
this
chapter
there
shall
13
be
levied
and
collected
from
the
permittees
on
all
beer
14
manufactured
for
sale
or
sold
in
this
state
at
wholesale
and
15
on
all
beer
imported
into
this
state
for
sale
at
wholesale
and
16
sold
in
this
state
at
wholesale,
and
from
special
class
“A”
17
beer
permittees
on
all
beer
manufactured
for
consumption
on
the
18
premises
and
on
all
beer
sold
at
retail
at
the
manufacturing
19
premises
for
consumption
off
the
premises
pursuant
to
section
20
123.130,
subsection
4
,
a
tax
of
five
and
eighty-nine
hundredths
21
dollars
for
every
barrel
containing
thirty-one
gallons,
and
at
22
a
like
rate
for
any
other
quantity
or
for
the
fractional
part
23
of
a
barrel.
A
barrel
tax
shall
also
be
levied
and
collected
24
on
the
direct
shipment
of
beer
pursuant
to
section
123.147.
25
However,
no
tax
shall
be
levied
or
collected
on
beer
shipped
26
outside
this
state
by
a
class
“A”
beer
permittee
or
special
27
class
“A”
beer
permittee
or
on
beer
sold
to
a
class
“A”
beer
28
permittee
by
a
special
class
“A”
beer
permittee
or
another
29
class
“A”
beer
permittee.
30
Sec.
4.
Section
123.137,
Code
2023,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
1A.
Each
beer
direct
shipper
license
holder
33
shall
make
a
report
under
oath
to
the
division
electronically,
34
or
in
a
manner
prescribed
by
the
administrator,
on
or
before
35
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the
tenth
day
of
the
calendar
months
of
June
and
December,
1
showing
the
exact
number
of
barrels
of
beer
and
fractional
2
parts
of
barrels
sold
and
shipped
pursuant
to
section
123.147
3
during
the
preceding
six-month
calendar
period.
The
report
4
shall
also
state
whatever
reasonable
additional
information
5
the
administrator
requires.
The
license
holder
at
the
time
of
6
filing
this
report
shall
pay
to
the
division
the
amount
of
tax
7
due
at
the
rate
fixed
in
section
123.136.
8
Sec.
5.
NEW
SECTION
.
123.147
Direct
shipment
of
beer
——
9
license
and
requirements.
10
1.
A
beer
manufacturer
licensed
or
permitted
pursuant
to
11
laws
regulating
alcoholic
beverages
in
this
state
or
another
12
state
may
apply
for
a
beer
direct
shipper
permit,
as
provided
13
in
this
section.
14
2.
a.
Only
a
beer
manufacturer
that
holds
a
beer
direct
15
shipper
license
issued
pursuant
to
this
section
shall
sell
beer
16
at
retail
for
direct
shipment
to
any
person
within
this
state.
17
This
section
shall
not
prohibit
an
authorized
retail
licensee
18
from
delivering
beer
pursuant
to
section
123.46A.
19
b.
A
beer
manufacturer
applying
for
a
beer
direct
20
shipper
license
shall
submit
an
application
for
the
license
21
electronically,
or
in
a
manner
prescribed
by
the
administrator,
22
accompanied
by
a
true
copy
of
the
manufacturer’s
current
23
alcoholic
beverage
license
or
permit
issued
by
the
state
24
where
the
manufacturer
is
primarily
located
and
a
copy
of
the
25
manufacturer’s
basic
permit
issued
by
the
alcohol
and
tobacco
26
tax
and
trade
bureau
of
the
United
States
department
of
the
27
treasury.
28
c.
An
application
submitted
pursuant
to
paragraph
“b”
shall
29
be
accompanied
by
a
license
fee
in
the
amount
of
twenty-five
30
dollars.
31
d.
A
license
issued
pursuant
to
this
section
may
be
32
renewed
annually
by
submitting
a
renewal
application
with
the
33
administrator
in
a
manner
prescribed
by
the
administrator,
34
accompanied
by
the
twenty-five-dollar
license
fee.
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3.
The
direct
shipment
of
beer
pursuant
to
this
1
section
shall
be
subject
to
the
following
requirements
and
2
restrictions:
3
a.
Beer
shall
only
be
shipped
to
a
resident
of
this
state
4
who
is
at
least
twenty-one
years
of
age,
for
the
resident’s
5
personal
use
and
consumption
and
not
for
resale.
6
b.
Beer
subject
to
direct
shipping
shall
be
properly
7
registered
with
the
federal
alcohol
and
tobacco
tax
and
trade
8
bureau,
and
manufactured
on
the
licensed
premises
of
the
beer
9
direct
shipper
licensee.
10
c.
All
containers
of
beer
shipped
directly
to
a
resident
11
of
this
state
shall
be
conspicuously
labeled
with
the
words
12
“CONTAINS
ALCOHOL:
SIGNATURE
OF
PERSON
AGE
21
OR
OLDER
13
REQUIRED
FOR
DELIVERY”
or
shall
be
conspicuously
labeled
with
14
alternative
wording
preapproved
by
the
administrator.
15
d.
All
containers
of
beer
shipped
directly
to
a
resident
16
of
this
state
shall
be
shipped
by
a
holder
of
an
alcoholic
17
beverage
carrier
permit
as
provided
in
section
123.188.
18
e.
Shipment
of
beer
pursuant
to
this
subsection
does
not
19
require
a
refund
value
for
beverage
container
control
purposes
20
under
chapter
455C.
21
4.
A
beer
direct
shipper
licensee
shall
remit
to
the
22
division
an
amount
equivalent
to
the
barrel
tax
on
beer
subject
23
to
direct
shipment
at
the
rate
specified
in
section
123.136
24
for
deposit
as
provided
in
section
123.136,
subsection
2.
25
The
amount
shall
be
remitted
at
the
time
and
in
the
manner
26
provided
in
section
123.137,
subsection
1A,
and
the
ten
percent
27
penalty
specified
in
section
123.137,
subsection
2,
shall
be
28
applicable.
29
5.
A
beer
direct
shipper
licensee
shall
be
deemed
to
have
30
consented
to
the
jurisdiction
of
the
division
or
any
other
31
agency
or
court
in
this
state
concerning
enforcement
of
this
32
section
and
any
related
laws,
rules,
or
regulations.
A
license
33
holder
shall
allow
the
division
to
perform
an
audit
of
shipping
34
records
upon
request.
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6.
A
violation
of
this
section
shall
subject
the
licensee
1
to
the
general
penalties
provided
in
this
chapter
and
shall
2
constitute
grounds
for
imposition
of
a
civil
penalty
or
3
suspension
or
revocation
of
the
license
pursuant
to
section
4
123.39.
5
Sec.
6.
Section
123.188,
subsections
1,
2,
and
4,
Code
2023,
6
are
amended
to
read
as
follows:
7
1.
A
person
desiring
to
deliver
beer
subject
to
direct
8
shipment
within
this
state
pursuant
to
section
123.147
and
9
wine
subject
to
direct
shipment
within
this
state
pursuant
10
to
section
123.187
shall
submit
an
application
for
a
wine
11
an
alcoholic
beverage
carrier
permit
electronically,
or
in
12
a
manner
prescribed
by
the
administrator,
which
shall
be
13
accompanied
by
a
fee
in
the
amount
of
one
hundred
dollars.
14
2.
The
administrator
may
in
accordance
with
this
chapter
15
issue
a
wine
an
alcoholic
beverage
carrier
permit
which
shall
16
be
valid
for
one
year
from
the
date
of
issuance
unless
it
is
17
sooner
suspended
or
revoked
for
a
violation
of
this
chapter
.
18
4.
The
delivery
of
beer
and
wine
pursuant
to
this
19
section
shall
be
subject
to
the
following
requirements
and
20
restrictions:
21
a.
A
wine
An
alcoholic
beverage
carrier
permittee
shall
22
not
deliver
beer
or
wine
to
any
person
under
twenty-one
years
23
of
age,
or
to
any
person
who
either
is
or
appears
to
be
in
an
24
intoxicated
state
or
condition.
25
b.
A
wine
An
alcoholic
beverage
carrier
permittee
shall
26
obtain
valid
proof
of
identity
and
age
prior
to
delivery,
27
and
shall
obtain
the
signature
of
an
adult
as
a
condition
of
28
delivery.
29
c.
A
wine
An
alcoholic
beverage
carrier
permittee
shall
30
maintain
records
of
beer
and
wine
shipped
which
include
the
31
permit
number
and
name
of
the
beer
and
wine
manufacturer,
32
quantity
of
beer
and
wine
shipped,
recipient’s
name
and
33
address,
and
an
electronic
or
paper
form
of
signature
from
the
34
recipient
of
the
beer
and
wine.
Records
shall
be
submitted
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to
the
division
on
a
monthly
basis
in
a
form
and
manner
to
be
1
determined
by
the
division.
2
Sec.
7.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
3
2024.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
allows
for
the
direct
shipment
of
beer
within
the
8
state.
9
New
Code
section
123.147
provides
for
the
direct
shipment
10
of
beer
and
provides
for
a
beer
direct
shipper
license.
11
Provisions
governing
the
direct
shipment
of
wine
and
the
wine
12
direct
shipper
permit
are
generally
made
applicable
to
the
new
13
Code
section
providing
for
the
direct
shipment
of
beer.
The
14
bill
provides
for
application
requirements
and
establishes
the
15
annual
fee
for
the
license
as
$25.
The
bill
also
provides
that
16
a
licensee
under
the
new
Code
section
shall
pay
the
barrel
tax
17
on
beer
subject
to
direct
shipment
at
the
rate
specified
for
18
beer
sold
in
the
state.
Code
section
123.135,
concerning
the
19
barrel
tax,
and
Code
section
123.136,
concerning
report
of
20
barrel
sales,
are
made
applicable
to
beer
subject
to
direct
21
shipment.
22
Code
section
123.188,
providing
for
a
wine
carrier
permit,
23
is
amended
to
provide
for
the
direct
shipment
of
beer
as
24
provided
by
the
bill.
25
The
bill
takes
effect
January
1,
2024.
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