House
File
342
-
Introduced
HOUSE
FILE
342
BY
WINDSCHITL
A
BILL
FOR
An
Act
allowing
the
issuance
of
joint
permits
to
manufacture
1
various
types
of
alcoholic
beverages
and
providing
for
fees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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342
Section
1.
Section
123.45,
Code
2011,
is
amended
to
read
as
1
follows:
2
123.45
Limitations
on
business
interests.
3
1.
Except
as
provided
in
section
123.6
,
a
commission
4
member
or
division
employee
shall
not,
directly
or
indirectly,
5
individually,
or
as
a
member
of
a
partnership
or
shareholder
6
in
a
corporation,
have
any
interest
in
dealing
in
or
in
the
7
manufacture
of
alcoholic
liquor,
wine,
or
beer,
and
shall
8
not
receive
any
kind
of
profit
nor
have
any
interest
in
the
9
purchase
or
sale
of
alcoholic
liquor,
wine,
or
beer
by
persons
10
so
authorized
under
this
chapter
.
However,
this
provision
does
11
not
prohibit
any
member
or
employee
from
lawfully
purchasing
12
and
keeping
alcoholic
liquor,
wine,
or
beer
in
the
member’s
or
13
employee’s
possession
for
personal
use.
14
2.
A
person
engaged
in
the
business
of
manufacturing,
15
bottling,
or
wholesaling
alcoholic
beverages,
wine,
or
beer,
or
16
any
jobber,
representative,
broker,
employee,
or
agent
of
such
17
a
person,
shall
not
directly
or
indirectly
supply,
furnish,
18
give,
or
pay
for
any
furnishings,
fixtures,
or
equipment
used
19
in
the
storage,
handling,
serving,
or
dispensing
of
alcoholic
20
beverages,
wine,
beer,
or
food
within
the
place
of
business
of
21
a
licensee
or
permittee
authorized
under
this
chapter
to
sell
22
at
retail;
nor
shall
the
person
directly
or
indirectly
extend
23
any
credit
for
alcoholic
beverages
or
beer
or
pay
for
any
such
24
license
or
permit
,
;
nor
directly
or
indirectly
be
interested
in
25
the
ownership,
conduct,
or
operation
of
the
business
of
another
26
licensee
or
permittee
authorized
under
this
chapter
to
sell
at
27
retail
,
;
nor
hold
a
retail
liquor
control
license
or
retail
28
wine
or
beer
permit.
However,
a
29
3.
The
limitations
contained
in
subsection
2
shall
be
30
subject
to
the
following
exceptions:
31
a.
A
person
engaged
in
the
wholesaling
of
beer
or
wine
32
may
sell
only
disposable
glassware,
which
is
constructed
of
33
paper,
paper
laminated,
or
plastic
materials
and
designed
34
primarily
for
personal
consumption
on
a
one-time
usage
35
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342
basis,
to
retailers
for
use
within
the
premises
of
licensed
1
establishments,
for
an
amount
which
is
greater
than
or
equal
2
to
an
amount
which
represents
the
greater
of
either
the
amount
3
paid
for
the
disposable
glassware
by
the
supplier
or
the
amount
4
paid
for
the
disposable
glassware
by
the
wholesaler.
Also,
a
5
b.
A
person
engaged
in
the
business
of
manufacturing
beer
6
may
sell
beer
at
retail
for
consumption
on
or
off
the
premises
7
of
the
manufacturing
facility
and,
notwithstanding
any
other
8
provision
of
this
chapter
or
the
fact
that
a
person
is
the
9
holder
of
a
class
“A”
beer
permit,
may
be
granted
not
more
than
10
one
class
“B”
beer
permit
as
defined
in
section
123.124
for
11
that
purpose.
12
c.
A
permit
to
manufacture
any
combination
of
native
13
wine,
micro-distilled
spirits,
or
beer
may
be
issued
to
the
14
same
person
or
group
of
persons,
and
the
person
or
group
of
15
persons
may
operate
the
businesses
out
of
the
same
physical
16
location,
provided
the
required
permits
have
been
issued
for
17
each
respective
entity,
as
provided
in
section
123.151.
18
4.
A
licensee
or
permittee
who
permits
or
assents
to
or
is
a
19
party
in
any
way
to
a
violation
or
infringement
of
this
section
20
is
guilty
of
a
violation
of
this
section
.
21
Sec.
2.
NEW
SECTION
.
123.151
Joint
permits
——
joint
22
physical
locations.
23
The
division
shall
by
rule
develop
a
procedure
for
the
24
issuance
of
a
joint
permit
to
manufacture
any
combination
of
25
native
wine,
micro-distilled
spirits,
or
beer
to
the
same
26
person
or
group
of
persons,
and
the
person
or
group
of
persons
27
may
operate
the
businesses
out
of
the
same
physical
location,
28
provided
the
person
or
group
of
persons
qualifies
for
issuance
29
of
individual
permits
for
each
respective
business.
The
30
total
annual
permit
fees
and
any
other
applicable
fees
or
31
charges
shall
be
the
cumulative
total
of
the
fees
applicable
32
if
individual
permits
for
the
manufacture
of
native
wine,
33
micro-distilled
spirits,
or
beer
were
obtained.
34
EXPLANATION
35
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342
This
bill
directs
the
alcoholic
beverages
division
of
the
1
department
of
commerce
to
develop
a
procedure
for
the
issuance
2
of
a
joint
permit
to
manufacture
any
combination
of
native
3
wine,
micro-distilled
spirits,
or
beer
to
the
same
person
4
or
group
of
persons,
and
the
person
or
group
of
persons
may
5
operate
the
businesses
out
of
the
same
physical
location,
6
provided
the
person
or
group
of
persons
qualifies
for
issuance
7
of
individual
permits
for
each
respective
business.
The
bill
8
provides
that
the
total
annual
permit
fees
and
any
other
9
applicable
fees
or
charges
shall
be
the
cumulative
total
of
10
the
fees
applicable
if
individual
permits
for
each
entity
were
11
obtained.
The
bill
adds
a
corresponding
provision
to
Code
12
section
123.45,
as
an
exception
to
current
provisions
which
13
restrict
or
limit
potentially
conflicting
business
interests
14
among
alcoholic
beverage,
wine,
or
beer
licensees
under
Code
15
chapter
123.
16
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