Bill Text: IA HF470 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to matters under the purview of the alcoholic beverages division of the department of commerce, and making penalties applicable. (Formerly HSB 102)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF470 Detail]
Download: Iowa-2011-HF470-Introduced.html
House
File
470
-
Introduced
HOUSE
FILE
470
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
102)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
alcoholic
1
beverages
division
of
the
department
of
commerce,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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1243HV
(2)
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H.F.
470
Section
1.
Section
22.7,
subsection
24,
Code
2011,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
123.3,
Code
2011,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
014A.
“Grape
brandy”
means
brandy
produced
5
by
the
distillation
of
fermented
grapes
or
grape
juice.
6
Sec.
3.
Section
123.41,
Code
2011,
is
amended
to
read
as
7
follows:
8
123.41
Manufacturer’s
license.
9
1.
Upon
application
in
the
prescribed
form
and
accompanied
10
by
a
fee
of
three
hundred
fifty
dollars,
the
administrator
may
11
in
accordance
with
this
chapter
grant
and
issue
a
license,
12
valid
for
a
one-year
period
after
date
of
issuance,
to
a
13
manufacturer
which
shall
allow
the
manufacture,
storage,
and
14
wholesale
disposition
and
sale
of
alcoholic
liquors
to
the
15
division
and
to
customers
outside
of
the
state.
16
2.
As
a
condition
precedent
to
the
approval
and
granting
of
17
a
manufacturer’s
license,
an
applicant
shall
file
a
statement
18
under
oath
with
the
division
that
the
applicant
is
a
bona
fide
19
manufacturer
of
alcoholic
liquors,
and
that
the
applicant
20
will
faithfully
observe
and
comply
with
all
laws,
rules,
and
21
regulations
governing
the
manufacture
and
sale
of
alcoholic
22
liquor.
23
2.
3.
A
person
who
holds
an
experimental
distilled
spirits
24
plant
permit
or
its
equivalent
issued
by
the
federal
bureau
25
of
alcohol,
tobacco
and
firearms
alcohol
and
tobacco
tax
and
26
trade
bureau
of
the
United
States
department
of
the
treasury
27
may
produce
alcohol
for
use
as
fuel
without
obtaining
a
28
manufacturer’s
license
from
the
division.
29
4.
A
violation
of
the
requirements
of
this
section
shall
30
subject
the
licensee
to
the
general
penalties
provided
in
this
31
chapter
and
shall
constitute
grounds
for
imposition
of
a
civil
32
penalty
or
suspension
or
revocation
of
the
license
after
notice
33
and
opportunity
for
a
hearing
pursuant
to
section
123.39
and
34
chapter
17A.
35
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470
Sec.
4.
Section
123.43A,
subsection
8,
Code
2011,
is
amended
1
to
read
as
follows:
2
8.
Micro-distilled
spirits
purchased
at
a
micro-distillery
3
shall
not
be
consumed
within
three
hundred
feet
of
a
4
micro-distillery
or
on
any
property
owned,
operated,
or
5
controlled
by
a
micro-distillery.
6
Sec.
5.
NEW
SECTION
.
123.46A
Delivery
of
alcoholic
7
beverages
by
retailers.
8
1.
Licensees
and
permittees
authorized
to
sell
alcoholic
9
liquor,
wine,
or
beer
in
original
unopened
containers
for
10
consumption
off
the
licensed
premises
may
deliver
alcoholic
11
liquor,
wine,
or
beer
to
a
home
or
other
designated
location
in
12
this
state.
Deliveries
shall
be
limited
to
alcoholic
beverages
13
authorized
by
the
licensee’s
or
permittee’s
license
or
permit.
14
2.
All
deliveries
of
alcoholic
liquor,
wine,
or
beer
shall
15
be
subject
to
the
following
requirements
and
restrictions:
16
a.
Payment
for
the
alcoholic
liquor,
wine,
or
beer
shall
be
17
received
on
the
licensed
premises
at
the
time
of
order.
18
b.
Alcoholic
liquor,
wine,
or
beer
delivered
to
a
person
19
shall
be
for
personal
use
and
not
for
resale.
20
c.
Deliveries
shall
only
be
made
to
persons
in
this
state
21
who
are
twenty-one
years
of
age
or
older.
22
d.
Deliveries
shall
not
be
made
to
a
person
who
is
23
intoxicated
or
is
simulating
intoxication.
24
e.
Deliveries
shall
occur
between
6:00
a.m.
and
10:00
p.m.
25
Monday
through
Saturday,
and
between
8:00
a.m.
and
10:00
p.m.
26
Sunday.
27
f.
Delivery
of
alcoholic
liquor,
wine,
or
beer
shall
be
made
28
by
the
licensee
or
permittee,
or
the
licensee’s
or
permittee’s
29
employee,
and
not
by
a
third
party.
30
g.
Delivery
personnel
shall
be
eighteen
years
of
age
or
31
older.
32
h.
Deliveries
shall
be
made
in
a
vehicle
owned,
leased,
or
33
under
the
control
of
the
licensee
or
permittee.
34
i.
Valid
proof
of
the
recipient’s
identity
and
age
shall
35
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470
be
obtained
at
the
time
of
delivery,
and
the
signature
of
a
1
person
twenty-one
years
of
age
or
older
shall
be
obtained
as
a
2
condition
of
delivery.
3
j.
Licensees
and
permittees
shall
maintain
records
4
of
deliveries
which
include
the
quantity
delivered,
the
5
recipient’s
name
and
address,
and
the
signature
of
the
6
recipient
of
the
alcoholic
liquor,
wine,
or
beer.
The
records
7
shall
be
maintained
on
the
licensed
premises
for
a
period
of
8
three
years.
9
3.
A
violation
of
this
section
or
any
other
provision
of
10
this
chapter
shall
subject
the
licensee
or
permittee
to
the
11
penalty
provisions
of
section
123.39.
12
4.
Nothing
in
this
section
shall
impact
the
direct
shipment
13
of
wine
as
regulated
by
section
123.187.
14
Sec.
6.
Section
123.56,
subsections
1,
2,
and
3,
Code
2011,
15
are
amended
to
read
as
follows:
16
1.
Subject
to
rules
of
the
division,
manufacturers
of
17
native
wines
from
grapes,
cherries,
other
fruits
or
other
fruit
18
juices,
vegetables,
vegetable
juices,
dandelions,
clover,
19
honey,
or
any
combination
of
these
ingredients,
holding
a
20
class
“A”
wine
permit
as
required
by
this
chapter
,
may
sell,
21
keep,
or
offer
for
sale
and
deliver
the
wine.
Sales
may
be
22
made
at
retail
for
off-premises
consumption
when
sold
on
the
23
premises
of
the
manufacturer,
or
in
a
retail
establishment
24
operated
by
the
manufacturer.
Sales
may
also
be
made
to
class
25
“A”
or
retail
wine
permittees
or
liquor
control
licensees
as
26
authorized
by
the
class
“A”
wine
permit.
Notwithstanding
any
27
other
provision
of
this
chapter,
manufacturers
of
native
wine
28
may
purchase
and
possess
grape
brandy
from
the
division
for
the
29
sole
purpose
of
manufacturing
wine.
30
2.
Native
wine
may
be
sold
at
retail
for
off-premises
31
consumption
when
sold
on
the
premises
of
the
manufacturer,
32
or
in
a
retail
establishment
operated
by
the
manufacturer.
33
Sales
may
also
be
made
to
class
“A”
or
retail
wine
permittees
34
or
liquor
control
licensees
as
authorized
by
the
class
“A”
35
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wine
permit.
A
manufacturer
of
native
wines
shall
not
sell
1
the
wines
other
than
as
permitted
in
this
chapter
and
shall
2
not
allow
wine
sold
to
be
consumed
upon
the
premises
of
the
3
manufacturer.
However,
prior
to
sale
native
wines
may
be
4
sampled
on
the
premises
where
made,
when
no
charge
is
made
5
for
the
sampling.
A
person
may
manufacture
native
wine
for
6
consumption
on
the
manufacturer’s
premises,
when
the
wine
or
7
any
part
of
it
is
not
manufactured
for
sale.
8
3.
A
manufacturer
of
native
wines
may
ship
wine
in
closed
9
containers
to
individual
purchasers
inside
and
outside
this
10
state
by
obtaining
a
wine
direct
shipper
license
pursuant
to
11
section
123.187
.
The
manufacturer
shall
label
the
package
12
containing
the
wine
with
the
words
“deliver
to
adults
only”.
13
Sec.
7.
Section
123.57,
Code
2011,
is
amended
to
read
as
14
follows:
15
123.57
Examination
of
accounts.
16
The
financial
condition
and
transactions
of
all
offices,
17
departments,
warehouses,
and
depots
of
the
division
shall
be
18
examined
at
least
once
each
year
by
the
state
auditor
and
at
19
shorter
periods
if
requested
by
the
administrator,
governor,
20
commission,
or
executive
council
the
general
assembly’s
21
standing
committees
on
government
oversight
.
22
Sec.
8.
REPEAL.
Section
123.43,
Code
2011,
is
repealed.
23
EXPLANATION
24
This
bill
makes
changes
regarding
matters
under
the
purview
25
of
the
alcoholic
beverages
division
of
the
department
of
26
commerce.
27
The
bill
deletes
an
exception
to
the
open
records
law
in
28
Code
chapter
22
which
currently
provides
that
records
of
29
purchases
of
alcoholic
liquor
from
the
division
which
would
30
reveal
purchases
made
by
an
individual
class
“E”
liquor
control
31
licensee
shall
be
kept
confidential,
unless
required
to
be
32
revealed
for
law
enforcement
purposes
or
for
the
collection
of
33
payments
due
the
division
pursuant
to
Code
section
123.24.
34
The
bill
provides
that
prior
to
the
approval
and
granting
35
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of
a
manufacturer’s
license,
which
allows
the
manufacture,
1
storage,
and
wholesale
disposition
and
sale
of
alcoholic
2
liquors
to
the
division
and
to
customers
outside
of
the
state,
3
an
applicant
must
file
a
statement
under
oath
with
the
division
4
that
the
applicant
is
a
bona
fide
manufacturer
of
alcoholic
5
liquors,
and
that
the
applicant
will
faithfully
observe
and
6
comply
with
all
laws,
rules,
and
regulations
governing
the
7
manufacture
and
sale
of
alcoholic
liquor.
The
bill
subjects
8
a
licensee
violating
the
requirements
for
issuance
of
a
9
manufacturer’s
license,
in
addition
to
any
other
applicable
10
penalty
contained
in
Code
chapter
123,
to
the
civil
penalty
and
11
suspension
or
revocation
provisions
contained
in
Code
section
12
123.39.
The
civil
penalty
is
in
an
amount
not
to
exceed
$1,000
13
per
violation.
The
bill
repeals
Code
section
123.43,
which
14
requires
the
posting
of
a
$5,000
bond
by
applicants
for
a
15
manufacturer’s
license.
16
The
bill
deletes
a
current
provision
prohibiting
17
micro-distilled
spirits
purchased
at
a
micro-distillery
from
18
being
consumed
within
300
feet
of
a
micro-distillery.
19
The
bill
provides
that
a
licensee
or
permittee
authorized
to
20
sell
liquor,
wine,
or
beer
in
original
unopened
containers
for
21
consumption
off
the
licensed
premises
may
deliver
it
to
a
home
22
or
other
designated
location
in
Iowa.
Payment
for
the
liquor,
23
wine,
or
beer
shall
be
received
on
the
licensed
premises
at
24
the
time
of
order;
liquor,
wine,
or
beer
shall
be
for
personal
25
use
and
not
for
resale;
deliveries
shall
only
be
made
to
26
persons
in
this
state
who
are
21
or
older;
and
deliveries
shall
27
not
be
made
to
a
person
who
is
intoxicated
or
is
simulating
28
intoxication.
Additionally,
deliveries
shall
occur
between
29
6:00
a.m.
and
10:00
p.m.
Monday
through
Saturday
and
8:00
a.m.
30
and
10:00
p.m.
Sunday
and
shall
be
made
by
the
licensee
or
31
permittee,
or
the
licensee’s
or
permittee’s
employee.
Delivery
32
personnel
are
required
to
be
18
or
older.
Further,
deliveries
33
shall
be
made
in
a
vehicle
owned,
leased,
or
under
the
control
34
of
the
licensee
or
permittee,
valid
proof
of
the
recipient’s
35
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470
identity
and
age
shall
be
obtained
at
the
time
of
delivery
and
1
the
signature
of
an
adult
shall
be
obtained
as
a
condition
of
2
delivery,
and
licensees
and
permittees
are
required
to
maintain
3
records
of
deliveries
for
a
period
of
three
years.
The
bill’s
4
provisions
do
not
impact
provisions
regulating
the
direct
5
shipment
of
wine
in
Code
section
123.187.
A
violation
of
the
6
delivery
provisions,
or
any
other
provision
of
Code
chapter
7
123,
shall
subject
the
licensee’s
or
permittee’s
license
or
8
permit
to
the
penalty
provisions
of
Code
section
123.39,
which
9
include
possible
suspension
or
revocation
and
a
civil
penalty
10
not
to
exceed
$1,000
per
violation.
11
Additionally,
the
bill
makes
specified
changes
relating
12
to
the
manufacture
of
native
wine.
The
bill
states
that
13
manufacturers
of
native
wine
may
purchase
and
possess
grape
14
brandy,
as
defined
in
the
bill,
for
the
sole
purpose
of
15
manufacturing
wine,
provided
that
the
grape
brandy
is
purchased
16
from
the
division.
The
bill
clarifies
that
a
manufacturer
of
17
native
wine
shall
obtain
a
wine
shipper’s
license
pursuant
to
18
Code
section
123.187
to
ship
wine
inside
this
state
and
makes
19
the
manufacturer
subject
to
the
provisions
of
the
Code
section.
20
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