2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.35 - Expiration of licenses, permits, and certificates of compliance — automatic renewals.

123.35 Expiration of licenses, permits, and certificates of compliance — automatic renewals.
1. Except as otherwise provided by this chapter, all licenses, permits, and certificates of compliance, unless sooner suspended or revoked, expire one year from date of issuance.
2. Notwithstanding section 123.31 and any other provision of this chapter to the contrary, a class “E” retail alcohol license shall automatically renew without the endorsement of a local authority or approval by the administrator upon collection of the annual fee by the division, provided all of the following conditions are met since the preceding license was issued:
a. The licensee has given written consent to the division to have the license automatically renewed as provided in this section.
b. The license has not been suspended or revoked.
c. A civil penalty has not been imposed against the licensee.
d. An administrative proceeding is not pending against the licensee to suspend or revoke the license or to impose a civil penalty under this chapter.
e. The licensee has not submitted payment for alcoholic liquor to the division that was subsequently dishonored.
f. The licensee and all persons associated with the licensee as described in section 123.3, subsection 40, paragraph “e”, have not been convicted of a violation of this chapter.
g. The licensed premises constitutes a safe and proper place or building and conforms with all applicable federal, state, and local laws, orders, ordinances, rules, resolutions, and health and fire regulations.
h. A local authority has not notified the division, in a manner established by the division and made available to local authorities, that automatic renewal should not occur and that further review of the licensee by the division and the applicable local authority is warranted.
3. Notwithstanding sections 123.23, 123.135, 123.180, and any other provision of this chapter to the contrary, a distiller’s, brewer’s, or vintner’s certificate of compliance shall automatically renew without approval by the administrator upon collection of the annual fee by the division, provided all of the following conditions are met since the preceding certificate was issued:
a. The certificate holder has given written consent to the division to have the certificate automatically renewed as provided in this section.
b. The certificate has not been suspended or revoked.
c. A civil penalty has not been imposed against the certificate holder.
d. An administrative proceeding is not pending against the certificate holder to suspend or revoke the certificate or to impose a civil penalty under this chapter.
e. The certificate holder and all persons associated with the certificate holder as described in section 123.3, subsection 40, paragraph “e”, have not been convicted of a violation of this chapter.
4. Notwithstanding section 123.187 and any other provision of this chapter to the contrary, a wine direct shipper’s permit shall automatically renew without approval by the administrator upon collection of the annual fee by the division, provided all of the following conditions are met since the preceding permit was issued:
a. The permittee has given written consent to the division to have the permit automatically renewed as provided in this section.
b. The permit has not been suspended or revoked.
c. A civil penalty has not been imposed against the permittee.
d. An administrative proceeding is not pending against the permittee to suspend or revoke the permit or to impose a civil penalty under this chapter.
e. The permittee has filed all required reports and remitted all wine gallonage tax owed pursuant to section 123.183.
f. The permittee and all persons associated with the permittee as described in section 123.3, subsection 40, paragraph “e”, have not been convicted of a violation of this chapter.
2022 Acts, ch 1099, §30, 88
Section effective January 1, 2023; 2022 Acts, ch 1099, §88
NEW section