Bill Text: IA SF2167 | 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: Schultz, Bisignano, and Salmon. S.J. 199. [SF2167 Detail]
Download: Iowa-2023-SF2167-Introduced.html
Senate
File
2167
-
Introduced
SENATE
FILE
2167
BY
SHIPLEY
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
TLSB
5838XS
(3)
90
nls/ns
S.F.
2167
Section
1.
Section
123.32,
subsection
1,
paragraph
b,
Code
1
2024,
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
123.32,
subsection
1,
paragraph
b,
5
subparagraph
(10),
Code
2024,
is
amended
to
read
as
follows:
6
(10)
A
wine
An
alcoholic
beverage
carrier
permit
as
provided
7
in
section
123.188
.
8
Sec.
3.
Section
123.39,
subsection
1,
paragraph
a,
9
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
10
(2)
The
director
may
suspend
a
certificate
of
compliance,
a
11
class
“D”
retail
alcohol
license,
a
manufacturer’s
license,
a
12
broker’s
permit,
a
class
“A”
native
distilled
spirits
license,
13
a
class
“A”
or
special
class
“A”
beer
permit,
a
class
“A”
wine
14
permit,
a
wine
direct
shipper’s
permit,
or
a
wine
an
alcoholic
15
beverage
carrier
permit
for
a
period
not
to
exceed
one
year,
16
revoke
the
license,
permit,
or
certificate,
or
impose
a
civil
17
penalty
not
to
exceed
one
thousand
dollars
per
violation.
18
Sec.
4.
Section
123.46A,
subsection
5,
Code
2024,
is
amended
19
to
read
as
follows:
20
5.
Nothing
in
this
section
shall
impact
the
direct
shipment
21
of
beer
as
regulated
by
section
123.147
or
the
direct
shipment
22
of
wine
as
regulated
by
section
123.187
.
23
Sec.
5.
Section
123.136,
subsection
1,
Code
2024,
is
amended
24
to
read
as
follows:
25
1.
In
addition
to
the
annual
permit
fee
to
be
paid
by
26
all
class
“A”
beer
permittees
under
this
chapter
there
shall
27
be
levied
and
collected
from
the
permittees
on
all
beer
28
manufactured
for
sale
or
sold
in
this
state
at
wholesale
and
29
on
all
beer
imported
into
this
state
for
sale
at
wholesale
and
30
sold
in
this
state
at
wholesale,
and
from
special
class
“A”
31
beer
permittees
on
all
beer
manufactured
for
consumption
on
the
32
premises
and
on
all
beer
sold
at
retail
at
the
manufacturing
33
premises
for
consumption
off
the
premises
pursuant
to
section
34
123.130,
subsection
4
,
a
tax
of
five
and
eighty-nine
hundredths
35
-1-
LSB
5838XS
(3)
90
nls/ns
1/
6
S.F.
2167
dollars
for
every
barrel
containing
thirty-one
gallons,
and
at
1
a
like
rate
for
any
other
quantity
or
for
the
fractional
part
2
of
a
barrel.
A
barrel
tax
shall
also
be
levied
and
collected
3
on
the
direct
shipment
of
beer
pursuant
to
section
123.147.
4
However,
no
tax
shall
be
levied
or
collected
on
beer
shipped
5
outside
this
state
by
a
class
“A”
beer
permittee
or
special
6
class
“A”
beer
permittee
or
on
beer
sold
to
a
class
“A”
beer
7
permittee
by
a
special
class
“A”
beer
permittee
or
another
8
class
“A”
beer
permittee.
9
Sec.
6.
Section
123.137,
Code
2024,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
1A.
Each
beer
direct
shipper
license
12
holder
shall
make
a
report
under
oath
to
the
department
13
electronically,
or
in
a
manner
prescribed
by
the
director,
14
on
or
before
the
tenth
day
of
the
calendar
months
of
June
15
and
December,
showing
the
exact
number
of
barrels
of
beer
16
and
fractional
parts
of
barrels
sold
and
shipped
pursuant
to
17
section
123.147
during
the
preceding
six-month
calendar
period.
18
The
report
shall
also
state
whatever
reasonable
additional
19
information
the
director
requires.
The
license
holder
at
the
20
time
of
filing
this
report
shall
pay
to
the
department
the
21
amount
of
tax
due
at
the
rate
fixed
in
section
123.136.
22
Sec.
7.
NEW
SECTION
.
123.147
Direct
shipment
of
beer
——
23
license
and
requirements.
24
1.
A
beer
manufacturer
licensed
or
permitted
pursuant
to
25
laws
regulating
alcoholic
beverages
in
this
state
or
another
26
state
may
apply
for
a
beer
direct
shipper
license,
as
provided
27
in
this
section.
28
2.
a.
Only
a
beer
manufacturer
that
holds
a
beer
direct
29
shipper
license
issued
pursuant
to
this
section
shall
sell
beer
30
at
retail
for
direct
shipment
to
any
person
within
this
state.
31
This
section
shall
not
prohibit
an
authorized
retail
licensee
32
from
delivering
beer
pursuant
to
section
123.46A.
33
b.
A
beer
manufacturer
applying
for
a
beer
direct
34
shipper
license
shall
submit
an
application
for
the
license
35
-2-
LSB
5838XS
(3)
90
nls/ns
2/
6
S.F.
2167
electronically,
or
in
a
manner
prescribed
by
the
director,
1
accompanied
by
a
true
copy
of
the
manufacturer’s
current
2
alcoholic
beverage
license
or
permit
issued
by
the
state
3
where
the
manufacturer
is
primarily
located
and
a
copy
of
the
4
manufacturer’s
basic
permit
issued
by
the
alcohol
and
tobacco
5
tax
and
trade
bureau
of
the
United
States
department
of
the
6
treasury.
7
c.
An
application
submitted
pursuant
to
paragraph
“b”
shall
8
be
accompanied
by
a
license
fee
in
the
amount
of
twenty-five
9
dollars.
10
d.
A
license
issued
pursuant
to
this
section
may
be
renewed
11
annually
by
submitting
a
renewal
application
with
the
director
12
in
a
manner
prescribed
by
the
director,
accompanied
by
the
13
twenty-five-dollar
license
fee.
14
3.
The
direct
shipment
of
beer
pursuant
to
this
15
section
shall
be
subject
to
the
following
requirements
and
16
restrictions:
17
a.
Beer
shall
only
be
shipped
to
a
resident
of
this
state
18
who
is
at
least
twenty-one
years
of
age,
for
the
resident’s
19
personal
use
and
consumption
and
not
for
resale.
20
b.
Beer
subject
to
direct
shipping
shall
be
properly
21
registered
with
the
federal
alcohol
and
tobacco
tax
and
trade
22
bureau,
and
manufactured
on
the
licensed
premises
of
the
beer
23
direct
shipper
licensee.
24
c.
All
containers
of
beer
shipped
directly
to
a
resident
25
of
this
state
shall
be
conspicuously
labeled
with
the
words
26
“CONTAINS
ALCOHOL:
SIGNATURE
OF
PERSON
AGE
21
OR
OLDER
27
REQUIRED
FOR
DELIVERY”
or
shall
be
conspicuously
labeled
with
28
alternative
wording
preapproved
by
the
director.
29
d.
All
containers
of
beer
shipped
directly
to
a
resident
30
of
this
state
shall
be
shipped
by
a
holder
of
an
alcoholic
31
beverage
carrier
permit
as
provided
in
section
123.188.
32
e.
Shipment
of
beer
pursuant
to
this
subsection
does
not
33
require
a
refund
value
for
beverage
container
control
purposes
34
under
chapter
455C.
35
-3-
LSB
5838XS
(3)
90
nls/ns
3/
6
S.F.
2167
4.
A
beer
direct
shipper
licensee
shall
remit
to
the
1
department
an
amount
equivalent
to
the
barrel
tax
on
beer
2
subject
to
direct
shipment
at
the
rate
specified
in
section
3
123.136
for
deposit
as
provided
in
section
123.136,
subsection
4
2.
The
amount
shall
be
remitted
at
the
time
and
in
the
manner
5
provided
in
section
123.137,
subsection
1A,
and
the
ten
percent
6
penalty
specified
in
section
123.137,
subsection
2,
shall
be
7
applicable.
8
5.
A
beer
direct
shipper
licensee
shall
be
deemed
to
have
9
consented
to
the
jurisdiction
of
the
department
or
any
other
10
agency
or
court
in
this
state
concerning
enforcement
of
this
11
section
and
any
related
laws,
rules,
or
regulations.
A
license
12
holder
shall
allow
the
department
to
perform
an
audit
of
13
shipping
records
upon
request.
14
6.
A
violation
of
this
section
shall
subject
the
licensee
15
to
the
general
penalties
provided
in
this
chapter
and
shall
16
constitute
grounds
for
imposition
of
a
civil
penalty
or
17
suspension
or
revocation
of
the
license
pursuant
to
section
18
123.39.
19
Sec.
8.
Section
123.187,
subsection
3,
paragraph
d,
Code
20
2024,
is
amended
to
read
as
follows:
21
d.
All
containers
of
wine
shipped
directly
to
a
resident
of
22
this
state
shall
be
shipped
by
a
holder
of
a
wine
an
alcoholic
23
beverage
carrier
permit
as
provided
in
section
123.188
.
24
Sec.
9.
Section
123.188,
subsections
1,
2,
and
4,
Code
2024,
25
are
amended
to
read
as
follows:
26
1.
A
person
desiring
to
deliver
beer
subject
to
direct
27
shipment
within
this
state
pursuant
to
section
123.147
and
28
wine
subject
to
direct
shipment
within
this
state
pursuant
29
to
section
123.187
shall
submit
an
application
for
a
wine
an
30
alcoholic
beverage
carrier
permit
electronically,
or
in
a
31
manner
prescribed
by
the
director,
which
shall
be
accompanied
32
by
a
fee
in
the
amount
of
one
hundred
dollars.
33
2.
The
director
may
in
accordance
with
this
chapter
issue
a
34
wine
an
alcoholic
beverage
carrier
permit
which
shall
be
valid
35
-4-
LSB
5838XS
(3)
90
nls/ns
4/
6
S.F.
2167
for
one
year
from
the
date
of
issuance
unless
it
is
sooner
1
suspended
or
revoked
for
a
violation
of
this
chapter
.
2
4.
The
delivery
of
beer
and
wine
pursuant
to
this
3
section
shall
be
subject
to
the
following
requirements
and
4
restrictions:
5
a.
A
wine
An
alcoholic
beverage
carrier
permittee
shall
6
not
deliver
beer
or
wine
to
any
person
under
twenty-one
years
7
of
age,
or
to
any
person
who
either
is
or
appears
to
be
in
an
8
intoxicated
state
or
condition.
9
b.
A
wine
An
alcoholic
beverage
carrier
permittee
shall
10
obtain
valid
proof
of
identity
and
age
prior
to
delivery,
11
and
shall
obtain
the
signature
of
an
adult
as
a
condition
of
12
delivery.
13
c.
A
wine
An
alcoholic
beverage
carrier
permittee
shall
14
maintain
records
of
beer
and
wine
shipped
which
include
the
15
permit
number
and
name
of
the
beer
and
wine
manufacturer,
16
quantity
of
beer
and
wine
shipped,
recipient’s
name
and
17
address,
and
an
electronic
or
paper
form
of
signature
from
the
18
recipient
of
the
beer
and
wine.
Records
shall
be
submitted
to
19
the
department
on
a
monthly
basis
in
a
form
and
manner
to
be
20
determined
by
the
department.
21
Sec.
10.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
22
2025.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
allows
for
the
direct
shipment
of
beer
within
the
27
state.
28
New
Code
section
123.147
provides
for
the
direct
shipment
29
of
beer
and
provides
for
a
beer
direct
shipper
license.
30
Provisions
governing
the
direct
shipment
of
wine
and
the
wine
31
direct
shipper
permit
are
generally
made
applicable
to
the
new
32
Code
section
providing
for
the
direct
shipment
of
beer.
The
33
bill
provides
for
application
requirements
and
establishes
the
34
annual
fee
for
the
license
as
$25.
The
bill
also
provides
that
35
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5838XS
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90
nls/ns
5/
6
S.F.
2167
a
licensee
under
the
new
Code
section
shall
pay
the
barrel
tax
1
on
beer
subject
to
direct
shipment
at
the
rate
specified
for
2
beer
sold
in
the
state.
Code
section
123.135,
concerning
the
3
barrel
tax,
and
Code
section
123.136,
concerning
report
of
4
barrel
sales,
are
made
applicable
to
beer
subject
to
direct
5
shipment.
6
Code
section
123.188,
providing
for
a
wine
carrier
permit,
7
is
amended
to
provide
for
the
direct
shipment
of
beer
as
8
provided
by
the
bill.
9
The
bill
takes
effect
January
1,
2025.
10
-6-
LSB
5838XS
(3)
90
nls/ns
6/
6
