Bill Text: IA HSB133 | 2015-2016 | 86th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A study bill relating to alcoholic beverage control and matters under the purview of the alcoholic beverages division of the department of commerce.

Spectrum: Unknown

Status: (Introduced - Dead) 2015-02-25 - Voted - Commerce. [HSB133 Detail]

Download: Iowa-2015-HSB133-Introduced.html

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House Study Bill 133 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED DEPARTMENT
OF COMMERCE/ALCOHOLIC
BEVERAGES DIVISION BILL)
A BILL FOR
An Act relating to alcoholic beverage control and matters under
the purview of the alcoholic beverages division of the
department of commerce.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 123.43A, subsection 3, Code 2015, is
amended to read as follows:
3. A micro-distillery shall not sell micro-distilled
spirits other than as permitted in this chapter and shall not
allow micro-distilled spirits sold to be consumed upon the
premises of the micro-distillery. However, as a part of a
micro-distillery tour, micro-distilled spirits of no more than
two ounces per person per day may be sampled tasted on the
premises where fermented, distilled, or matured, when no charge
is made for the sampling tasting .
Sec. 2. Section 123.56, subsections 1 and 2, Code 2015, are
amended to read as follows:
1. Subject to rules of the division, manufacturers of
native wines from grapes, cherries, other fruits or other fruit
juices, vegetables, vegetable juices, dandelions, clover,
honey, or any combination of these ingredients, holding a
class “A” wine permit as required by this chapter , may sell,
keep, or offer for sale and deliver the wine. Notwithstanding
section 123.24, subsection 4, or any other provision of this
chapter , manufacturers of native wine may purchase obtain and
possess grape brandy from the division for the sole purpose of
manufacturing wine.
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 licensees as authorized by the class “A”
wine permit. A manufacturer of native wines shall not sell
the wines other than as permitted in this chapter and shall
not allow wine sold to be consumed upon the premises of the
manufacturer. However, prior to sale native wines may be
sampled tasted on the premises where made, when no charge is
made for the sampling tasting . A person may manufacture native
wine for consumption on the manufacturer’s premises, when the
wine or any part of it is not manufactured for sale.
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Sec. 3. Section 123.127, subsection 1, unnumbered paragraph
1, Code 2015, is amended to read as follows:
A class “A” , or class “AA” , special class “A”, or special
class “AA” permit shall be issued by the administrator to any
person who:
Sec. 4. Section 123.128, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. All the information required of a class “A” an applicant
by section 123.127, subsection 1 , paragraph “a” .
Sec. 5. Section 123.128, subsection 2, Code 2015, is amended
to read as follows:
2. Fulfills the requirements of section 123.127, subsection
1 , paragraph “b” , relating to class “A” applicants .
Sec. 6. Section 123.129, subsection 2, paragraph a, Code
2015, is amended to read as follows:
a. Submits an application electronically, or in a manner
prescribed by the administrator, which shall state under oath
all the information required of a class “A” an applicant by
section 123.127, subsection 1 , paragraph “a” .
Sec. 7. Section 123.130, Code 2015, is amended to read as
follows:
123.130 Authority under class “A”, class “AA”, special class
“A”, and special class “AA” permits.
1. Any person holding a class “A” or class “AA” 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 subsisting class “A”, “B”, or “C” permits,
or liquor control licenses issued in accordance with the
provisions of this chapter . A class “A”, class “AA”, special
class “A”, or special class “AA” permit does not grant
authority to manufacture wine as defined in section 123.3,
subsection 47 .
2. All class “A” and class “AA” premises shall be located
within the state. All beer received by the holder of a class
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“A” or class “AA” permit from the holder of a certificate
of compliance before being resold must first come to rest on
the licensed premises licensed by the class “A” of the permit
holder, must be inventoried, and is subject to the barrel tax
when resold as provided in section 123.136 . A class “A” or
class “AA” permittee shall not store beer overnight except on
premises licensed under a class “A” or class “AA” permit.
3. All special class “A” and special class “AA” premises
shall be located within the state. A person who holds a
special class “A” or special class “AA” permit for the same
location at which the person holds a class “C” liquor control
license or class “B” beer permit may manufacture and sell beer
to be consumed on the premises and may sell beer to a class “A”
or class “AA” permittee for resale purposes.
Sec. 8. Section 123.135, Code 2015, is amended to read as
follows:
123.135 Certificate of compliance —— civil penalty.
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” or class “AA” 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
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 hundred dollars payable to the division.
Each holder of a certificate of compliance shall furnish the
information in a manner the administrator requires.
2. At the time of applying for a certificate of compliance,
each applicant shall file with the division a list of all
class “A” and class “AA” permittees with whom it intends to do
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business and shall designate the geographic area in which its
products are to be distributed by such permittee. The listing
of class “A” and class “AA” permittees and geographic area as
filed with the division may be amended from time to time by the
holder of a certificate of compliance.
3. All class “A” and class “AA” permit holders shall sell
only those brands of beer which are manufactured, brewed,
bottled, shipped, or imported by a person holding a current
certificate of compliance. Any employee or agent working for
or representing the holder of a certificate of compliance
within this state shall submit electronically, or in a manner
prescribed by the administrator, the employee’s or agent’s name
and address with the division.
4. It shall be unlawful for any holder of a certificate of
compliance or the holder’s agent, or any class “A” or class
“AA” permit holder or the permit holder’s agent, to grant to
any retail beer permit holder, directly or indirectly, any
rebates, free goods, or quantity discounts on beer which are
not uniformly offered to all retail permittees.
5. Notwithstanding any other penalties provided by this
chapter , any holder of a certificate of compliance or any class
“A” or class “AA” permit holder who violates this chapter or
the rules adopted pursuant to this chapter is subject to a
civil penalty not to exceed one thousand dollars or suspension
of the holder’s certificate or permit for a period not to
exceed one year, or both such civil penalty and suspension.
Civil penalties imposed under this section shall be collected
and retained by the division.
Sec. 9. Section 123.136, Code 2015, is amended to read as
follows:
123.136 Barrel tax.
1. In addition to the annual permit fee to be paid by all
class “A” and class “AA” permittees under this chapter there
shall be levied and collected from the permittees on all beer
manufactured for sale or sold in this state at wholesale and
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on all beer imported into this state for sale at wholesale and
sold in this state at wholesale, and from special class “A”
and special class “AA” permittees on all beer manufactured for
consumption on the premises, a tax of five and eighty-nine
hundredths dollars for every barrel containing thirty-one
gallons, and at a like rate for any other quantity or for the
fractional part of a barrel. However, no tax shall be levied
or collected on beer shipped outside this state by a class “A”
or class “AA” permittee or sold by one class “A” or class “AA”
permittee to another class “A” or class “AA” permittee.
2. All revenue derived from the barrel tax shall accrue to
the state general fund.
3. All of the provisions of this chapter relating to the
administration of the barrel tax on beer shall apply to this
section .
Sec. 10. Section 123.137, subsection 1, Code 2015, is
amended to read as follows:
1. A person holding a class “A” or , class “AA”, special
class “A” , or special class “AA” permit shall on or before
the tenth day of each calendar month commencing on the tenth
day of the calendar month following the month in which the
person is issued a permit, make a report under oath to the
division electronically, or in a manner prescribed by the
administrator, showing the exact number of barrels of beer, or
fractional parts of barrels, sold by the permit holder during
the preceding calendar month. The report shall also state
information the administrator requires, and permit holders
shall at the time of filing a report pay to the division the
amount of tax due at the rate fixed in section 123.136 .
Sec. 11. Section 123.138, subsection 1, Code 2015, is
amended to read as follows:
1. Each class “A” or , class “AA”, special class “A” , or
special class “AA” 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
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and to other persons pursuant to section 123.30, subsection
1 . Each class “B” permittee, class “C” permittee, or retail
liquor control licensee shall 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. 12. Section 123.139, Code 2015, is amended to read as
follows:
123.139 Separate locations —— class “A”, class “AA”, special
class “A” , special class “AA” .
A class “A” or , class “AA”, special class “A” , or special
class “AA” permittee having more than one place of business
is required to have a separate permit for each separate place
of business maintained by the permittee where beer is stored,
warehoused, or sold.
Sec. 13. Section 123.142, Code 2015, is amended to read as
follows:
123.142 Unlawful sale and importation.
1. It is unlawful for the holder of a class “B” or class
“C” permit issued under this chapter to sell beer, except
beer brewed on the premises covered by a special class “A”
or special class “AA” permit or beer purchased from a person
holding a class “A” or class “AA” 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 licensees as provided in this chapter .
2. It shall be unlawful for any person not holding a class
“A” or class “AA” permit to import beer into this state for the
purpose of sale or resale.
Sec. 14. Section 123.143, subsection 3, Code 2015, is
amended to read as follows:
3. Barrel tax revenues collected on beer manufactured in
this state from a class “A” or class “AA” permittee which owns
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and operates a brewery located in Iowa shall be credited to the
barrel tax fund hereby created in the office of the treasurer
of state. Moneys deposited in the barrel tax fund shall not
revert to the general fund of the state without a specific
appropriation by the general assembly. Moneys in the barrel
tax fund are appropriated to the economic development authority
for purposes of section 15E.117 .
Sec. 15. Section 123.180, subsection 1, Code 2015, 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 resale by the division or 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 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 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill concerns alcoholic beverage control.
Code sections 123.43A and 123.56, concerning micro-distilled
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spirits and native wines, are amended to replace the word
“sample” with “taste” when describing spirits or wine given
to an individual for no cost. Code section 123.56 is further
amended to provide that manufacturers of native wine may
obtain, instead of purchase, grape brandy from the alcoholic
beverages division of the department of commerce for the sole
purpose of manufacturing wine.
Division II of Code chapter 123, entitled “beer provisions”,
is amended, where applicable, to provide that provisions
referencing class “A” and special class “A” beer permits also
specifically reference class “AA” and special class “AA” beer
permits relating to high alcoholic content beer. Code section
123.130 is further amended to require all special class “A” and
special class “AA” permit premises to be located within the
state.
Code section 123.180 is amended to provide that wine brought
into the state for sale at wholesale by a class “A” permittee
need not be resold by the alcoholic beverages division prior
to that sale.
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