reglab/statecodes huggingface dataset:
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.20 - Renewal and reinstatement of licenses — fees and penalties — continuing education.

105.20 Renewal and reinstatement of licenses — fees and penalties — continuing education.
1. All licenses issued under this chapter shall be issued for a three-year period.
2. A license issued under this chapter may be renewed as provided by rule adopted by the board upon application by the licensee, without examination. Applications for renewal shall be made to the board, accompanied by the required renewal licensing fee, at least thirty days prior to the expiration date of the license.
3. Failure to renew a license within a reasonable time after the expiration of the license shall not invalidate the license, but a reasonable penalty may be assessed as adopted by rule, in addition to the license renewal fee, to allow reinstatement of the license.
4. The board shall, by rule, establish a reinstatement process for a licensee who allows a license to lapse, including reasonable penalties.
5. a. The board shall establish continuing education requirements pursuant to section 272C.2. The basic continuing education requirement for renewal of a license shall be the completion, during the immediately preceding license term, of the number of classroom hours of instruction required by the board in courses or seminars which have been approved by the board. The board shall require at least eight classroom hours of instruction during each three-year licensing term.
b. A licensee shall have a thirty-day grace period after expiration of the licensing term to complete all requirements necessary for license renewal without penalty.
2007 Acts, ch 198, §20; 2008 Acts, ch 1089, §9, 10, 12; 2009 Acts, ch 151, §21; 2011 Acts, ch 100, §11, 12, 15; 2013 Acts, ch 77, §25, 36
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.21 - Reciprocal licenses.

105.21 Reciprocal licenses.
The board may license without examination a nonresident applicant who is licensed under plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional licensing statutes of another state having similar licensing requirements as those set forth in this chapter and the rules adopted under this chapter if the other state grants the same reciprocal licensing privileges to residents of Iowa who have obtained Iowa plumbing or mechanical professional licenses under this chapter. The board shall adopt the necessary rules, not inconsistent with the law, for carrying out the reciprocal relations with other states which are authorized by this chapter.
2007 Acts, ch 198, §21; 2008 Acts, ch 1089, §10, 12; 2009 Acts, ch 151, §22; 2013 Acts, ch 77, §26, 36
Referred to in §105.17
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.22 - Grounds for denial, revocation, or suspension of license.

105.22 Grounds for denial, revocation, or suspension of license.
A license to practice as a contractor or as a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional may be revoked or suspended, or an application for licensure may be denied pursuant to procedures established pursuant to chapter 272C by the board, or the licensee may be otherwise disciplined in accordance with that chapter, when the licensee commits any of the following acts or offenses:
1. Fraud in procuring a license.
2. Professional incompetence.
3. Knowingly making misleading, deceptive, untrue, or fraudulent misrepresentations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
4. Fraud in representations as to skill or ability.
5. Use of untruthful or improbable statements in advertisements.
6. Willful or repeated violations of this chapter.
7. Aiding and abetting a person who is not licensed pursuant to this chapter in that person’s pursuit of an unauthorized and unlicensed plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic professional practice.
8. Failure to meet the commonly accepted standards of professional competence.
9. Any other such grounds as established by rule by the board.
2007 Acts, ch 198, §22; 2008 Acts, ch 1089, §10, 12; 2009 Acts, ch 151, §23, 34; 2013 Acts, ch 77, §27, 28, 36; 2018 Acts, ch 1026, §37; 2019 Acts, ch 99, §11; 2020 Acts, ch 1103, §9, 31
Referred to in §272C.3, 272C.4
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.23 - Jurisdiction of revocation and suspension proceedings.

105.23 Jurisdiction of revocation and suspension proceedings.
The board shall have exclusive jurisdiction of all proceedings to revoke or suspend a license issued pursuant to this chapter. The board may initiate proceedings under this chapter or chapter 272C, following procedures set out in section 272C.6, either on its own motion or on the complaint of any person. The board, in connection with a proceeding under this chapter, may issue subpoenas to compel attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce the subpoena.
2007 Acts, ch 198, §23; 2008 Acts, ch 1089, §10, 12; 2009 Acts, ch 151, §24, 34
Referred to in §272C.5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.24 - Notice and default.

105.24 Notice and default.
1. A written notice stating the nature of the charge or charges against a licensee and the time and place of the hearing before the board on the charges shall be served on the licensee not less than thirty days prior to the date of hearing either personally or by mailing a copy by certified mail to the last known address of the licensee.
2. If, after having been served with the notice of hearing, the licensee fails to appear at the hearing, the board may proceed to hear evidence against the licensee and may enter such order as is justified by the evidence.
2007 Acts, ch 198, §24; 2008 Acts, ch 1089, §10, 12
Referred to in §272C.5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.25 - Advertising — violations — penalties.

105.25 Advertising — violations — penalties.
1. Only a person who is duly licensed pursuant to this chapter may advertise the fact that the person is licensed as a contractor or as a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional by the state of Iowa.
2. All written advertisements distributed in this state by a person who is engaged in the business of designing, installing, or repairing plumbing, HVAC, refrigeration, sheet metal, or hydronic systems shall include the listing of the contractor license number, as applicable.
3. A person who fraudulently claims to be a licensed contractor or a licensed plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional pursuant to this chapter, either in writing, cards, signs, circulars, advertisements, or other communications, is guilty of a simple misdemeanor.
4. A person who fraudulently lists a license number in connection with that person’s advertising or falsely displays a license number is guilty of a simple misdemeanor.
2007 Acts, ch 198, §25; 2008 Acts, ch 1089, §10, 12; 2009 Acts, ch 151, §25, 34; 2013 Acts, ch 77, §29, 36
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.26 - Injunction.

105.26 Injunction.
A person engaging in any business or in the practice of any profession for which a license is required by this chapter without such license may be restrained by injunction.
2007 Acts, ch 198, §26; 2008 Acts, ch 1089, §10, 12
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.27 - Civil penalty.

105.27 Civil penalty.
1. In addition to any other penalties provided for in this chapter, the board may, by order, impose a civil penalty, not to exceed five thousand dollars per offense, upon a person violating any provision of this chapter. Each day of a continued violation constitutes a separate offense, except that offenses resulting from the same or common facts or circumstances shall be considered a single offense. Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice.
2. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with section 17A.19.
3. If a person fails to pay a civil penalty within thirty days after entry of an order under subsection 1 or, if the order is stayed pending an appeal, within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.
4. An action to enforce an order under this section may be joined with an action for an injunction.
2007 Acts, ch 198, §27; 2008 Acts, ch 1089, §10, 12; 2009 Acts, ch 151, §26, 34
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.28 - Enforcement.

105.28 Enforcement.
The board shall enforce the provisions of this chapter. Every licensee and member of the board shall furnish the board such evidence as the licensee or member may have relative to any alleged violation which is being investigated.
2007 Acts, ch 198, §28; 2008 Acts, ch 1089, §10, 13; 2009 Acts, ch 151, §27, 34
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.29 - Report of violators.

105.29 Report of violators.
Every licensee and every member of the board shall report to the board the name of every person who is practicing as a contractor or as a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional without a license issued pursuant to this chapter pursuant to the knowledge or reasonable belief of the person making the report. The opening of an office or place of business for the purpose of providing any services for which a license is required by this chapter, the announcing to the public in any way the intention to provide any such service, the use of any professional designation, or the use of any sign, card, circular, device, vehicle, or advertisement, as a provider of any such services shall be prima facie evidence of engaging in the practice of a contractor or a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional.
2007 Acts, ch 198, §29; 2008 Acts, ch 1089, §10, 13; 2009 Acts, ch 151, §28, 34; 2013 Acts, ch 77, §30, 36
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 105 - PLUMBERS, MECHANICAL PROFESSIONALS, AND CONTRACTORS › Section 105.30 - Attorney general.

105.30 Attorney general.
Upon request of the board, the attorney general shall institute in the name of the state the proper proceedings against any person charged by the department with violating any provision of this chapter.
2007 Acts, ch 198, §30; 2008 Acts, ch 1089, §10, 12; 2009 Acts, ch 151, §29, 34
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.1 - Public policy declared.

123.1 Public policy declared.
This chapter shall be cited as the “Iowa Alcoholic Beverage Control Act”, and shall be deemed an exercise of the police power of the state, for the protection of the welfare, health, peace, morals, and safety of the people of the state, and all its provisions shall be liberally construed for the accomplishment of that purpose. It is declared to be public policy that the traffic in alcoholic liquors is so affected with a public interest that it should be regulated to the extent of prohibiting all traffic in them, except as provided in this chapter.
[C35, §1921-f1; C39, §1921.001; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.1]
85 Acts, ch 32, §3; 86 Acts, ch 1122, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.2 - General prohibition.

123.2 General prohibition.
It is unlawful to manufacture for sale, sell, offer or keep for sale, possess, or transport alcoholic liquor, wine, or beer except upon the terms, conditions, limitations, and restrictions enumerated in this chapter.
[C35, §1921-f3; C39, §1921.003; C46, 50, 54, 58, 62, 66, 71, §123.3; C73, 75, 77, 79, 81, §123.2]
85 Acts, ch 32, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.4 - Alcoholic beverages division created.

123.4 Alcoholic beverages division created.
An alcoholic beverages division is created within the department of commerce to administer and enforce the laws of this state concerning alcoholic beverage control.
[C35, §1921-f15; C39, §1921.015; C46, 50, 54, 58, 62, 66, 71, §123.15; C73, 75, 77, 79, 81, §123.4]
85 Acts, ch 32, §9; 86 Acts, ch 1245, §731; 2018 Acts, ch 1060, §4
Referred to in §123.38A
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.5 - Alcoholic beverages commission created — appointment — removal — vacancies.

123.5 Alcoholic beverages commission created — appointment — removal — vacancies.
1. An alcoholic beverages commission is created within the division. The commission is composed of five members, not more than three of whom shall belong to the same political party.
2. Members shall be appointed by the governor, subject to confirmation by the senate. Appointments shall be for five-year staggered terms beginning and ending as provided by section 69.19. A member may be reappointed for one additional term.
3. Members of the commission shall be chosen on the basis of managerial ability and experience as business executives. Not more than two members of the commission may be the holder of or have an interest in a permit or license to manufacture alcoholic liquor, wine, or beer or to sell alcoholic liquor, wine, or beer at wholesale or retail.
4. Any commission member shall be subject to removal for any of the causes and in the manner provided by chapter 66 relating to removal from office. Removal shall not be in lieu of any other punishment that may be prescribed by the laws of this state.
5. Any vacancy on the commission shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term.
[C35, §1921-f6; C39, §1921.006; C46, 50, 54, 58, 62, 66, 71, §123.6; C73, 75, 77, 79, 81, §123.5]
86 Acts, ch 1245, §732; 2015 Acts, ch 30, §39
Referred to in §123.13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.6 - Commission meetings.

123.6 Commission meetings.
The commission shall meet on or before July 1 of each year for the purpose of selecting one of its members as chairperson for the succeeding year. The commission shall otherwise meet quarterly or at the call of the chairperson or administrator or when three members file a written request for a meeting. Written notice of the time and place of each meeting shall be given to each member of the commission. A majority of the commission members shall constitute a quorum.
[C35, §1921-f10; C39, §1921.010; C46, 50, 54, 58, 62, 66, 71, §123.10; C73, 75, 77, 79, 81, §123.9]
2011 Acts, ch 17, §5; 2015 Acts, ch 30, §204
C2016, §123.6
Former §123.6 repealed by
2015 Acts, ch 30, §198
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.7 - Administrator appointed — duties.

123.7 Administrator appointed — duties.
1. The governor shall appoint the administrator of the alcoholic beverages division, subject to confirmation by the senate, to a four-year term. A vacancy in an unexpired term shall be filled in the same manner as a full-term appointment is made. The administrator shall not be a member of the commission. The administrator’s salary shall be fixed by the general assembly. The administrator shall be qualified to perform the administrator’s duties by managerial ability and experience as a business executive.
2. The administrator shall devote full time to the discharge of the administrator’s duties. The administrator shall not hold any other elective or appointive office under the laws of this state, the United States, or any other state or territory. The administrator shall not accept or solicit, directly or indirectly, contributions or anything of value in behalf of the administrator, any political party, or any person seeking an elective or appointive office nor use the administrator’s official position to advance the candidacy of anyone seeking an elective or appointive office. The administrator, the administrator’s spouse, and immediate family shall not have any interest in any distillery, winery, brewery, importer, permittee or licensee or any business which is subject to license or regulation pursuant to this chapter.
[C73, 75, 77, 79, 81, §123.10]
86 Acts, ch 1245, §735; 2013 Acts, ch 35, §20; 2015 Acts, ch 30, §204
C2016, §123.7
Referred to in §546.9
Confirmation, see §2.32
Former §123.7 repealed by
2015 Acts, ch 30, §198
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.8 - Duties of commission and administrator.

123.8 Duties of commission and administrator.
1. The commission, in addition to the duties specifically enumerated in this chapter, shall act as a division policy-making body and serve in an advisory capacity to the administrator. The administrator shall supervise the daily operations of the division and shall execute the policies of the division as determined by the commission.
2. The commission may review and affirm, reverse, or amend all actions of the administrator, including but not limited to the following instances:
a. Purchases of alcoholic liquor for resale by the division.
b. The establishment of wholesale prices of alcoholic liquor.
[C73, 75, 77, 79, 81, §123.16]
85 Acts, ch 32, §13; 86 Acts, ch 1122, §5; 86 Acts, ch 1245, §737; 86 Acts, ch 1246, §726, 727; 93 Acts, ch 91, §2; 2015 Acts, ch 30, §204
C2016, §123.8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.9 - Powers of administrator.

123.9 Powers of administrator.
The administrator, in executing divisional functions, shall have the following duties and powers:
1. To receive alcoholic liquors on a bailment system for resale by the division in the manner set forth in this chapter.
2. To rent, lease, or equip any building or any land necessary to carry out the provisions of this chapter.
3. To lease all plants and lease or buy equipment necessary to carry out the provisions of this chapter.
4. To appoint clerks, agents, or other employees required for carrying out the provisions of this chapter; to dismiss employees for cause; to assign employees to bureaus as created by the administrator within the division; and to designate their title, duties, and powers. All employees of the division are subject to chapter 8A, subchapter IV, unless exempt under section 8A.412.
5. To grant and issue beer permits, wine permits, retail alcohol licenses, and other licenses; and to suspend or revoke all such permits and licenses for cause under this chapter.
6. To license, inspect, and control the manufacture of alcoholic beverages and regulate the entire alcoholic beverage industry in the state.
7. To accept alcoholic liquors ordered delivered to the alcoholic beverages division pursuant to chapter 809A, and offer for sale and deliver the alcoholic liquors to class “E” retail alcohol licensees, unless the administrator determines that the alcoholic liquors may be adulterated or contaminated. If the administrator determines that the alcoholic liquors may be adulterated or contaminated, the administrator shall order their destruction.
[C35, §1921-f16; C39, §1921.016; C46, 50, 54, 58, 62, 66, 71, §123.16; C73, 75, 77, 79, 81, §123.20]
83 Acts, ch 157, §1; 85 Acts, ch 90, §2; 86 Acts, ch 1122, §6; 86 Acts, ch 1245, §738; 86 Acts, ch 1246, §728 – 730; 87 Acts, ch 115, §20; 88 Acts, ch 1241, §3; 96 Acts, ch 1133, §40; 2003 Acts, ch 145, §185; 2015 Acts, ch 30, §204
C2016, §123.9
2016 Acts, ch 1008, §1; 2016 Acts, ch 1073, §31; 2018 Acts, ch 1060, §5; 2022 Acts, ch 1099, §20, 88
Referred to in §123.38A
Former §123.9 transferred to §123.6;
2015 Acts, ch 30, §204
2022 amendment to subsections 5 and 7 effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsections 5 and 7 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.11 - Compensation and expenses.

123.11 Compensation and expenses.
Members of the commission, the administrator, and other employees of the division shall be allowed their actual and necessary expenses while traveling on business of the division outside of their place of residence, however, an itemized account of such expenses shall be verified by the claimant and approved by the administrator. If such account is paid, the same shall be filed with the division and be and remain a part of its permanent records. Each member appointed to the commission is entitled to receive reimbursement of actual expenses incurred while attending meetings. Each member of the commission may also be eligible to receive compensation as provided in section 7E.6. All expenses and salaries of commission members, the administrator, and other employees shall be paid from appropriations for such purposes and the division shall be subject to the budget requirements of chapter 8.
[C35, §1921-f11; C39, §1921.011; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.11]
2015 Acts, ch 30, §40
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.12 - Exemption from suit.

123.12 Exemption from suit.
No commission member or officer or employee of the division shall be personally liable for damages sustained by any person due to the act of such member, officer, or employee performed in the reasonable discharge of the member’s, officer’s, or employee’s duties as enumerated in this chapter.
[C35, §1921-f13; C39, §1921.013; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.13]
2015 Acts, ch 30, §204
C2016, §123.12
Former §123.12 repealed by
2015 Acts, ch 30, §198
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.13 - Prohibitions on commission members and employees.

123.13 Prohibitions on commission members and employees.
1. Commission members, officers, and employees of the division shall not, while holding such office or position, do any of the following:
a. Hold any other office or position under the laws of this state, or any other state or territory or of the United States.
b. Engage in any occupation, business, endeavor, or activity which would or does conflict with their duties under this chapter.
c. Directly or indirectly, use their office or employment to influence, persuade, or induce any other officer, employee, or person to adopt their political views or to favor any particular candidate for an elective or appointive public office.
d. Directly or indirectly, solicit or accept, in any manner or way, any money or other thing of value for any person seeking an elective or appointive public office, or to any political party or any group of persons seeking to become a political party.
2. Except as provided in section 123.5, subsection 3, a commission member or division employee shall not, directly or indirectly, individually, or as a member of a partnership or shareholder in a corporation, have any interest in dealing in or in the manufacture of alcoholic liquor, wine, or beer, and shall not receive any kind of profit nor have any interest in the purchase or sale of alcoholic liquor, wine, or beer by persons so authorized under this chapter. However, this subsection does not prohibit any member or employee from lawfully purchasing and keeping alcoholic liquor, wine, or beer in the member’s or employee’s possession for personal use.
3. Any officer or employee violating this section or any other provisions of this chapter shall, in addition to any other penalties provided by law, be subject to suspension or discharge from employment. Any commission member shall, in addition to any other penalties provided by law, be subject to removal from office as provided by chapter 66.
[C35, §1921-f14; C39, §1921.014; C46, 50, 54, 58, 62, 66, 71, §123.14; C73, 75, 77, 79, 81, §123.17]
2015 Acts, ch 30, §41, 204
C2016, §123.13
Former §123.13 transferred to §123.12 pursuant to directive in 2015 Acts, ch 30, §204
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.14 - Alcoholic beverage control law enforcement.

123.14 Alcoholic beverage control law enforcement.
1. The department of public safety is the primary alcoholic beverage control law enforcement authority for this state.
2. The county attorney, the county sheriff and the sheriff’s deputies, and the police department of every city, and the alcoholic beverages division of the department of commerce, shall be supplementary aids to the department of public safety. Any neglect, misfeasance, or malfeasance shown by any peace officer included in this section shall be sufficient cause for the peace officer’s removal as provided by law. This section shall not be construed to affect the duties and responsibilities of any county attorney or peace officer with respect to law enforcement.
3. The department of public safety shall have full access to all records, reports, audits, tax reports and all other documents and papers in the alcoholic beverages division pertaining to liquor licensees and wine and beer permittees and their business.
[C35, §1921-f94; C39, §1921.093; C46, 50, 54, 58, 62, 66, 71, §123.93; C73, 75, 77, 79, 81, §123.14]
85 Acts, ch 32, §11; 88 Acts, ch 1241, §2; 2002 Acts, ch 1119, §11; 2005 Acts, ch 35, §28; 2018 Acts, ch 1060, §7
Referred to in §331.653, 331.756(24)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.15 - Favors from licensee or permittee.

123.15 Favors from licensee or permittee.
A person responsible for the administration or enforcement of this chapter shall not accept or solicit donations, gratuities, political advertising, gifts, or other favors, directly or indirectly, from any retail alcohol licensee, wine permittee, or beer permittee.
[C35, §1921-f27; C39, §1921.027; C46, 50, 54, 58, 62, 66, 71, §123.27; C73, 75, 77, 79, 81, §123.18]
85 Acts, ch 32, §14; 2015 Acts, ch 30, §204
C2016, §123.15
2022 Acts, ch 1099, §22, 88
2022 amendment effective January 1, 2023; 2022 Acts, ch 1099, §88
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.16 - Annual report.

123.16 Annual report.
The commission shall cause to be prepared an annual report to the governor of the state, ending with June 30 of each fiscal year, on the operation and financial position of the division for the preceding fiscal year. The report shall include but is not limited to the following information:
1. Amount of profit or loss from division operations.
2. The current balance of the beer and liquor control fund, and the amount transferred from the fund to the treasurer of state during the period covered by the report.
3. All other funds on hand and the source from which derived.
4. The total quantity and particular kind of alcoholic liquor sold.
5. The increase or decrease of liquor sales from the previous reporting period.
6. The number of retail alcohol licenses, wine permits, and beer permits issued, by class, the number in effect on the last day included in the report, and the number which have been suspended or revoked during the period covered by the report.
7. Amount of fees paid to the division from retail alcohol licenses, wine permits, and beer permits, in gross, and the amount of retail alcohol license fees returned to local subdivisions of government as provided under this chapter.
[C35, §1921-f53; C39, §1921.053; C46, 50, 54, 58, 62, 66, 71, §123.53; C73, 75, 77, 79, 81, §123.55]
85 Acts, ch 32, §48; 86 Acts, ch 1246, §748; 2013 Acts, ch 35, §22; 2015 Acts, ch 30, §204
C2016, §123.16
2022 Acts, ch 1099, §23, 88
Former §123.16 transferred to §123.8;
2015 Acts, ch 30, §204
2022 amendment to subsections 6 and 7 effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsections 6 and 7 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.18 - Appropriations.

123.18 Appropriations.
Division appropriations shall be paid by the treasurer of state upon the orders of the administrator, in such amounts and at such times as the administrator deems necessary to carry on operations in accordance with the terms of this chapter.
[C35, §1921-f52; C39, §1921.052; C46, 50, 54, 58, 62, 66, 71, §123.52; C73, 75, 77, 79, 81, §123.54]
2015 Acts, ch 30, §204
C2016, §123.18
Former §123.18 transferred to §123.15;
2015 Acts, ch 30, §204
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.25 - Consumption on premises.

123.25 Consumption on premises.
An officer, clerk, agent, or employee of the division employed in a state-owned warehouse shall not allow any alcoholic beverage to be consumed on the premises, nor shall a person consume any alcoholic liquor on the premises except for testing or sampling purposes only.
[C35, §1921-f23; C39, §1921.023; C46, 50, 54, 58, 62, 66, 71, §123.23; C73, 75, 77, 79, 81, §123.25]
86 Acts, ch 1122, §8; 86 Acts, ch 1246, §735; 2018 Acts, ch 1060, §10
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.26 - Restrictions on sales — seals — labeling.

123.26 Restrictions on sales — seals — labeling.
Alcoholic liquor shall not be sold by a class “E” retail alcohol licensee except in a sealed container with identifying markers as prescribed by the administrator and affixed in the manner prescribed by the administrator, and no such container shall be opened upon the premises of a state warehouse. The division shall cooperate with the department of natural resources so that only one identifying marker or mark is needed to satisfy the requirements of this section and section 455C.5, subsection 1. Possession of alcoholic liquors which do not carry the prescribed identifying markers is a violation of this chapter except as provided in section 123.22.
[C35, §1921-f24; C39, §1921.024; C46, 50, 54, 58, 62, 66, 71, §123.24; C73, 75, 77, 79, 81, §123.26]
86 Acts, ch 1246, §736; 87 Acts, ch 22, §3; 2022 Acts, ch 1099, §26, 88
Referred to in §123.28
2022 amendment effective January 1, 2023; 2022 Acts, ch 1099, §88
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.27 - Sales and deliveries prohibited.

123.27 Sales and deliveries prohibited.
It is unlawful to transact the sale or delivery of alcoholic liquor in, on, or from the premises of a state warehouse:
1. After the closing hour as established by the administrator.
2. On any legal holiday except those designated by the administrator.
3. During other periods or days as designated by the administrator.
[C35, §1921-f25; C39, §1921.025; C46, 50, 54, 58, 62, 66, 71, §123.25; C73, 75, 77, 79, 81, §123.27; 81 Acts, ch 6, §11]
85 Acts, ch 32, §20; 86 Acts, ch 1122, §9; 86 Acts, ch 1246, §737; 89 Acts, ch 161, §3; 2019 Acts, ch 113, §9
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.28 - Restrictions on transportation.

123.28 Restrictions on transportation.
1. It is lawful to transport, carry, or convey alcoholic liquors from the place of purchase by the division to a state warehouse or depot established by the division or from one such place to another and, when so permitted by this chapter, it is lawful for the division, a common carrier, or other person to transport, carry, or convey alcoholic liquor sold from a state warehouse, depot, or point of purchase by the state to any place to which the liquor may be lawfully delivered under this chapter.
2. The division shall deliver alcoholic liquor purchased by class “E” retail alcohol licensees. Class “E” retail alcohol licensees may deliver alcoholic liquor purchased by class “C”, class “D”, or class “F” retail alcohol licensees, and class “C”, class “D”, or class “F” retail alcohol licensees may transport alcoholic liquor purchased from class “E” retail alcohol licensees.
3. A common carrier or other person shall not break or open or allow to be broken or opened a container or package containing alcoholic liquor or use or drink or allow to be used or drunk any alcoholic liquor while it is being transported or conveyed.
4. This section does not prohibit a private person from transporting individual bottles or containers of alcoholic liquor exempted pursuant to section 123.22 and individual bottles or containers bearing the identifying mark prescribed in section 123.26 which have been opened previous to the commencement of the transportation.
5. This section does not affect the right of a retail alcohol license holder to purchase, possess, or transport alcoholic liquors subject to this chapter.
[C35, §1921-f26; C39, §1921.026; C46, 50, 54, 58, 62, 66, 71, §123.26; C73, 75, 77, 79, 81, §123.28; 81 Acts, ch 6, §12]
84 Acts, ch 1275, §1; 85 Acts, ch 196, §1; 86 Acts, ch 1020, §1; 86 Acts, ch 1246, §738; 87 Acts, ch 170, §1; 95 Acts, ch 48, §1; 2017 Acts, ch 119, §4; 2018 Acts, ch 1060, §11; 2019 Acts, ch 113, §10; 2022 Acts, ch 1099, §27, 88
See also §321.284
2022 amendment to subsections 2 and 5 effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsections 2 and 5 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.29 - Patent and proprietary products and sacramental wine.

123.29 Patent and proprietary products and sacramental wine.
1. This chapter does not prohibit the sale of patent and proprietary medicines, tinctures, food products, extracts, toiletries, perfumes, and similar products, which are not susceptible of use as a beverage, but which contain alcoholic liquor, wine, or beer as one of their ingredients. These products may be sold through ordinary wholesale and retail businesses without a license or permit issued by the division.
2. This chapter does not prohibit a member of the clergy of any religious denomination which uses vinous liquor in its sacramental ceremonies from purchasing, receiving, possessing, and using vinous liquor for sacramental purposes.
[C24, 27, 31, §2171; C35, §1921-f27, 2171; C39, §1921.027, 2171; C46, 50, 54, 58, 62, 66, 71, §123.27, 134.1; C73, 75, 77, 79, 81, §123.29]
85 Acts, ch 32, §21; 86 Acts, ch 1246, §739, 740; 89 Acts, ch 161, §4 – 6; 93 Acts, ch 91, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.31 - Retail alcohol licenses — application.

123.31 Retail alcohol licenses — application.
1. A person applying for a retail alcohol license shall submit a completed application electronically, or in a manner prescribed by the administrator, which shall set forth under oath the following:
a. The name and place of residence of the applicant.
b. The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.
c. The location of the premises where the applicant intends to operate.
d. The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.
e. When required by the administrator, and in such form and containing such information as the administrator may require, a description of the premises where the applicant intends to use the license, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.
f. Whether any person specified in paragraph “b” has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.
g. Any other information as required by the administrator.
2. The retail alcohol license shall only be issued to an applicant who establishes all of the following:
a. That the applicant has submitted a completed application as required by subsection 1.
b. That the applicant is a person of good moral character as provided in section 123.3, subsection 40.
c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.
d. That the premises where the applicant intends to use the license conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building and that the applicant shall not have or maintain any interior access to residential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit.
e. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.
[C35, §1921-f27; C39, §1921.027; C46, 50, 54, 58, 62, 66, 71, §123.27; C73, 75, 77, 79, 81, §123.31]
93 Acts, ch 91, §9; 2000 Acts, ch 1201, §2; 2011 Acts, ch 17, §7; 2013 Acts, ch 35, §3; 2017 Acts, ch 119, §6; 2019 Acts, ch 113, §14; 2022 Acts, ch 1099, §2, 6
Referred to in §123.32, 123.35
2022 amendment effective January 1, 2023; 2022 Acts, ch 1099, §6
Section stricken and rewritten
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.31A - Authority under class “B”, class “C”, special class “C”, and class “E” retail alcohol license.

123.31A Authority under class “B”, class “C”, special class “C”, and class “E” retail alcohol license.
1. The holder of a class “B”, class “C”, special class “C”, or class “E” retail alcohol license shall be allowed to sell beer and wine to consumers at retail for consumption off the premises. The sales made pursuant to this section shall be made in original containers except as provided in subsection 3.
2. Every person holding a class “B”, class “C”, special class “C”, or class “E” retail alcohol license having more than one place of business where beer and wine is sold which places do not constitute a single premises within the meaning of section 123.3, subsection 29, shall be required to have a separate license for each separate place of business, except as otherwise provided by this chapter.
3. Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:
a. The beer or wine is transferred from the original container to the container to be sold on the licensed premises at the time of sale.
b. The person transferring the beer or wine from the original container to the container to be sold shall be eighteen years of age or older.
c. The container to be sold shall be no larger than seventy-two ounces.
d. The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of beer or wine has been tampered with or the sealed container has otherwise been reopened.
4. A container of beer or wine other than the original container that is sold and sealed in compliance with the requirements of subsection 3 and the division’s rules shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.
5. a. The holder of a class “C” or special class “C” retail alcohol license, or the licensee’s agents or employees, shall not sell beer or wine to other retail alcohol license holders knowing or having reasonable cause to believe that the beer will be resold in another licensed establishment.
b. A holder of any retail alcohol permit shall not sell wine except wine which is purchased from a person holding a class “A” wine permit and on which the tax imposed by section 123.183 has been paid.
2022 Acts, ch 1099, §3, 6
Section effective January 1, 2023; 2022 Acts, ch 1099, §6
NEW section
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.31B - Authority under special class “B” retail native wine license.

123.31B Authority under special class “B” retail native wine license.
1. A person holding a special class “B” retail native wine license may sell native wine only at retail for consumption off the premises. Native wine shall be sold for consumption off the premises in original containers.
2. A special class “B” retail native wine licensee having more than one place of business where wine is sold shall obtain a separate license for each place of business.
2022 Acts, ch 1099, §4, 6
Section effective January 1, 2023; 2022 Acts, ch 1099, §6
NEW section
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.33 - Records.

123.33 Records.
Every holder of a license or permit under this chapter shall maintain records, in printed or electronic format, which include income statements, balance sheets, purchase and sales invoices, purchase and sales ledgers, and any other records as the administrator may require. The records required and the premises of the licensee or permittee shall be accessible and open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee or permittee.
[C35, §1921-f22; C39, §1921.022; C46, 50, 54, 58, 62, 66, 71, §123.22; C73, 75, 77, 79, 81, §123.33]
85 Acts, ch 196, §2; 88 Acts, ch 1241, §8; 2013 Acts, ch 35, §5; 2017 Acts, ch 119, §8; 2018 Acts, ch 1060, §14
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.34 - Seasonal, fourteen-day, and five-day licenses — fees.

123.34 Seasonal, fourteen-day, and five-day licenses — fees.
1. a. The administrator may issue eight-month seasonal class “C”, special class “C”, class “D”, and class “F” retail alcohol licenses.
b. The fee for an eight-month seasonal license issued pursuant to this subsection shall be fifty percent of the license fee for that class of license.
2. a. The administrator may issue fourteen-day class “C”, special class “C”, class “D”, and class “F” retail alcohol licenses.
b. A fourteen-day retail alcohol license, if granted, is valid for fourteen consecutive days.
c. The fee for a fourteen-day retail alcohol license is one-quarter of the annual fee for that class of retail alcohol license.
3. a. The administrator may issue five-day class “C”, special class “C”, class “D”, and class “F” retail alcohol licenses.
b. A five-day retail alcohol license is valid for five consecutive days.
c. The fee for the five-day retail alcohol license is one-eighth of the annual fee for that class of license or permit.
4. A refund of fees paid shall not be made for seasonal licenses, or for fourteen-day or five-day retail alcohol licenses. In addition, a seasonal, fourteen-day, or five-day license shall not be renewed.
[C35, §1921-f27, 1921-f100; C39, §1921.027, 1921.100; C46, 50, 54, 58, 62, 66, 71, §123.27, 124.6; C73, 75, 77, 79, 81, §123.34; 81 Acts, ch 55, §2]
85 Acts, ch 32, §24; 86 Acts, ch 1237, §7; 90 Acts, ch 1177, §2, 3; 91 Acts, ch 97, §23; 2016 Acts, ch 1008, §5; 2017 Acts, ch 119, §9; 2018 Acts, ch 1060, §15; 2019 Acts, ch 113, §16; 2022 Acts, ch 1099, §29, 88
2022 amendment effective January 1, 2023; 2022 Acts, ch 1099, §88
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.37 - Exclusive power to license and levy taxes — disputed taxes.

123.37 Exclusive power to license and levy taxes — disputed taxes.
1. The power to establish licenses and permits and levy taxes as imposed in this chapter is vested exclusively with the state. Unless specifically provided, a local authority shall not require the obtaining of a special license or permit for the sale of alcoholic beverages at any establishment, or require the obtaining of a license by any person as a condition precedent to the person’s employment in the sale, serving, or handling of alcoholic beverages within an establishment operating under a license or permit.
2. The administrator may compromise and settle doubtful and disputed claims for taxes imposed under this chapter or for taxes of doubtful collectibility, notwithstanding section 7D.9. The administrator may enter into informal settlements pursuant to section 17A.10 to compromise and settle doubtful and disputed claims for taxes imposed under this chapter. The administrator may make a claim under a licensee’s or permittee’s penal bond for taxes of doubtful collectibility. Whenever a compromise or settlement is made, the administrator shall make a complete record of the case showing the tax assessed, reports and audits, if any, the licensee’s or permittee’s grounds for dispute or contest, together with all evidence of the dispute or contest, and the amounts, conditions, and settlement or compromise of the dispute or contest.
3. A licensee or permittee who disputes the amount of tax imposed must pay all tax and penalty pertaining to the disputed tax liability prior to appealing the disputed tax liability to the administrator.
4. The administrator shall adopt rules establishing procedures for payment of disputed taxes imposed under this chapter. If it is determined that the tax is not due in whole or in part, the division shall promptly refund the part of the tax payment which is determined not to be due.
[C73, 75, 77, 79, 81, §123.37]
85 Acts, ch 32, §30; 88 Acts, ch 1153, §2; 89 Acts, ch 252, §1; 93 Acts, ch 91, §15; 94 Acts, ch 1023, §9; 2007 Acts, ch 22, §35; 2018 Acts, ch 1060, §17
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.38A - Confidential investigative records.

123.38A Confidential investigative records.
In order to assure a free flow of information for accomplishing the purposes of section 123.4 and section 123.9, subsection 6, all complaint information, investigation files, audit files, and inspection files, other investigation reports, and other investigative information in the possession of the division or employees acting under the authority of the administrator are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release before administrative or criminal charges are filed. However, investigative information in the possession of division employees may be disclosed to the licensing authorities of a city or county within this state, in another state, the District of Columbia, or territory or county in which the licensee or permittee is licensed or permitted or has applied for a license or permit. In addition, the investigative information can be shared with any law enforcement agency or other state agency that also has investigative, regulatory, or enforcement jurisdiction authorized by law. Records received by the division from other agencies which would be confidential if created by the division are considered confidential.
2019 Acts, ch 113, §20