reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.40 - Effect of revocation.

123.40 Effect of revocation.
Any retail alcohol licensee, wine permittee, or beer permittee whose license or permit is revoked under this chapter shall not thereafter be permitted to hold a retail alcohol license, wine permit, or beer permit in the state of Iowa for a period of two years from the date of revocation. A spouse or business associate holding ten percent or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a retail alcohol license, wine permit, or beer permit, and no retail alcohol license, wine permit, or beer permit shall be issued which covers any business in which such person has a financial interest for a period of two years from the date of revocation. If a license or permit is revoked, the premises which had been covered by the license or permit shall not be relicensed for one year.
[C35, §1921-f32, 1921-f123; C39, §1921.032, 1921.125; C46, 50, 54, 58, 62, 66, 71, §123.32, 124.30; C73, 75, 77, 79, 81, §123.40]
85 Acts, ch 32, §33; 2022 Acts, ch 1099, §36, 88
Referred to in §123.3, 123.50, 123.56
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 123.41 - Manufacturer’s license — alcoholic liquor.

123.41 Manufacturer’s license — alcoholic liquor.
1. Each completed application to obtain or renew a manufacturer’s license shall be submitted to the division electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of three hundred dollars payable to the division. The administrator may in accordance with this chapter grant and issue to a manufacturer a manufacturer’s license, valid for a one-year period after date of issuance, which shall allow the manufacture, storage, and wholesale disposition and sale of alcoholic liquors to the division and to customers outside of the state.
2. As a condition precedent to the approval and granting of a manufacturer’s license, an applicant shall file with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and a statement under oath that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of alcoholic liquor.
3. A person who holds an experimental distilled spirits plant permit or its equivalent issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury may produce alcohol for use as fuel without obtaining a manufacturer’s license from the division.
4. A person who holds a manufacturer’s license shall file with the division, on or before the fifteenth day of each calendar month, all documents filed by the manufacturer with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all production, storage, and processing reports.
5. Any violation of the requirements of this chapter or rules adopted pursuant to this chapter shall subject the license holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the license, or revocation of the license after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.
[C35, §1921-f36; C39, §1921.036; C46, 50, 54, 58, 62, 66, 71, §123.36; C73, 75, 77, 79, 81, §123.41]
2011 Acts, ch 30, §3; 2013 Acts, ch 35, §6; 2014 Acts, ch 1026, §26; 2018 Acts, ch 1060, §22; 2019 Acts, ch 113, §23 – 25; 2022 Acts, ch 1099, §9, 15
Referred to in §123.32
2022 amendment to subsection 1 effective January 1, 2023; 2022 Acts, ch 1099, §15
Subsection 1 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.42 - Broker’s permit.

123.42 Broker’s permit.
1. Prior to representing or promoting alcoholic liquor products in the state, the broker shall submit a completed application to the division electronically, or in a manner prescribed by the administrator, for a broker’s permit. The administrator may in accordance with this chapter issue a broker’s permit which shall be valid for one year from the date of issuance unless it is sooner suspended or revoked for a violation of this chapter.
2. At the time of applying for a broker’s permit, each applicant shall submit to the division a list of names and addresses of all manufacturers, distillers, and importers whom the applicant has been appointed to represent in the state of Iowa for any purpose. The listing shall be amended by the broker as necessary to keep the listing current with the division.
3. A broker’s permit is valid throughout the state, and a broker who represents more than one certificate or license holder is required to obtain only one broker’s permit.
4. The annual fee for a broker’s permit is twenty-five dollars.
5. An employee of a broker is not required to apply for or hold a broker’s permit.
6. The holder of a distiller’s certificate of compliance, a manufacturer’s license, or a class “A” native distilled spirits license is not required to appoint a broker to represent its alcoholic liquor products in the state.
7. Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the permit, or revocation of the permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.
[C35, §1921-f37; C39, §1921.037; C46, 50, 54, 58, 62, 66, 71, §123.37; C73, 75, 77, 79, 81, §123.42]
94 Acts, ch 1017, §3; 2013 Acts, ch 35, §7; 2018 Acts, ch 1060, §23 – 25; 2019 Acts, ch 113, §26, 27
Referred to in §123.32
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.44 - Gifts prohibited.

123.44 Gifts prohibited.
A manufacturer or broker shall not give away alcoholic liquor at any time in connection with the manufacturer’s or broker’s business except for testing or sampling purposes only. A manufacturer, distiller, vintner, brewer, broker, wholesaler, or importer, organized as a corporation pursuant to the laws of this state or any other state, who deals in alcoholic beverages subject to regulation under this chapter shall not offer or give anything of value to a commission member, official or employee of the division, or directly or indirectly contribute in any manner any money or thing of value to a person seeking a public or appointive office or a recognized political party or a group of persons seeking to become a recognized political party.
[C35, §1921-f39; C39, §1921.039; C46, 50, 54, 58, 62, 66, 71, §123.39; C73, 75, 77, 79, 81, §123.44]
85 Acts, ch 32, §34; 94 Acts, ch 1017, §5; 2018 Acts, ch 1060, §27
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.47B - Parental and school notification — persons under eighteen years of age.

123.47B Parental and school notification — persons under eighteen years of age.
1. A peace officer shall make a reasonable effort to identify a person under the age of eighteen discovered consuming or to be in possession of alcoholic liquor, wine, or beer in violation of section 123.47 and refer the person to juvenile court.
2. If a person under the age of eighteen is discovered consuming or to be in possession of alcoholic liquor, wine, or beer, but the person is immune from prosecution under section 701.12, a peace officer shall make a reasonable effort to identify the person and notify a juvenile court officer of such person’s consumption or possession.
3. The juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court shall also make a reasonable effort to identify the elementary or secondary school which the person attends if the person is enrolled in elementary or secondary school and to notify the superintendent or the superintendent’s designee of the school which the person attends, or the authorities in charge of the nonpublic school which the person attends, of the consumption or possession. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.
90 Acts, ch 1251, §4; 95 Acts, ch 191, §4; 97 Acts, ch 126, §3; 2010 Acts, ch 1128, §3; 2014 Acts, ch 1096, §4; 2020 Acts, ch 1080, §3
Referred to in §232.147
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.48 - Seizure of false or altered driver’s license or nonoperator’s identification card.

123.48 Seizure of false or altered driver’s license or nonoperator’s identification card.
1. If a retail alcohol licensee or an employee of the licensee has a reasonable belief based on factual evidence that a driver’s license as defined in section 321.1, subsection 20A, or nonoperator’s identification card issued pursuant to section 321.190 offered by a person who wishes to purchase an alcoholic beverage at the licensed premises is altered or falsified or belongs to another person, the licensee or employee may retain the driver’s license or nonoperator’s identification card. Within twenty-four hours, the license or card shall be delivered to the appropriate city or county law enforcement agency of the jurisdiction in which the licensed premises is located. When the license or card is delivered to the appropriate law enforcement agency, the licensee shall file a written report of the circumstances under which the license or card was retained. The local law enforcement agency may investigate whether a violation of section 321.216, 321.216A, or 321.216B has occurred. If an investigation is not initiated or a probable cause is not established by the local law enforcement agency, the driver’s license or nonoperator’s identification card shall be delivered to the person to whom it was issued. The local law enforcement agency may forward the license or card with the report to the department of transportation for investigation, in which case, the department may investigate whether a violation of section 321.216, 321.216A, or 321.216B has occurred. The department of transportation shall return the license or card to the person to whom it was issued if an investigation is not initiated or a probable cause is not established.
2. Upon taking possession of a driver’s license or nonoperator’s identification card as provided in subsection 1, a receipt for the license or card with the date and hour of seizure noted shall be provided to the person from whom the license or card was seized.
3. A retail alcohol licensee or an employee of the licensee is not subject to criminal prosecution for, or to civil liability for damages alleged to have resulted from, the retention and delivery of a driver’s license or a nonoperator’s identification card which is taken pursuant to subsections 1 and 2. This section shall not be construed to relieve a licensee or employee of the licensee from civil liability for damages resulting from the use of unreasonable force in obtaining the altered or falsified driver’s license or nonoperator’s identification card or the driver’s license or nonoperator’s identification card believed to belong to another person.
94 Acts, ch 1105, §3; 96 Acts, ch 1090, §1; 98 Acts, ch 1073, §9, 12; 2016 Acts, ch 1073, §32; 2022 Acts, ch 1099, §44, 88
2022 amendment to subsections 1 and 3 effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsections 1 and 3 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.50A - Alcohol compliance employee training program.

123.50A Alcohol compliance employee training program.
1. If sufficient funding is appropriated, the division shall develop an alcohol compliance employee training program, not to exceed two hours in length for employees and prospective employees of licensees and permittees, to inform the employees about state laws and regulations regarding the sale of alcoholic beverages to persons under legal age, and compliance with and the importance of laws regarding the sale of alcoholic beverages to persons under legal age. In developing the alcohol compliance employee training program, the division may consult with stakeholders who have expertise in the laws and regulations regarding the sale of alcoholic beverages to persons under legal age.
2. The alcohol compliance employee training program shall be made available to employees and prospective employees of licensees and permittees at no cost to the employee, the prospective employee, or the licensee or permittee, and in a manner which is as convenient and accessible to the extent practicable throughout the state so as to encourage attendance. Contingent upon the availability of specified funds for provision of the program, the division shall schedule the program on at least a monthly basis and the program shall be available at a location in at least a majority of counties.
3. Upon completion of the alcohol compliance employee training program, an employee or prospective employee shall receive a certificate of completion, which shall be valid for a period of two years, unless the employee or prospective employee is convicted of a violation of section 123.49, subsection 2, paragraph “h”, in which case the certificate shall be void.
4. The division shall also offer periodic continuing employee training and recertification for employees who have completed initial training and received an initial certificate of completion as part of the alcohol compliance employee training program.
2011 Acts, ch 30, §7; 2018 Acts, ch 1060, §40
Referred to in §123.50
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.51 - Advertisements for alcoholic liquor, wine, or beer.

123.51 Advertisements for alcoholic liquor, wine, or beer.
1. No signs or other matter advertising any brand of alcoholic liquor, beer, or wine shall be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell alcoholic liquor, beer, or wine at retail. However, signs or other advertising matter may be erected or placed inside the premises, inside a fence or similar enclosure which wholly or partially surrounds the premises, or inside a window facing outward from the premises.
2. Violation of this section is a simple misdemeanor.
[C35, §1921-f47; C39, §1921.047; C46, 50, 54, 58, 62, 66, 71, §123.47; C73, 75, 77, 79, 81, §123.51]
85 Acts, ch 32, §44; 86 Acts, ch 1246, §746; 87 Acts, ch 22, §9; 2017 Acts, ch 119, §12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.52 - Prohibited sale.

123.52 Prohibited sale.
No person not expressly authorized by this chapter to deal in alcoholic liquors shall within the state keep for sale or offer for sale anything which is capable of being mistaken for a package containing alcoholic liquor and is either labeled or branded with the name of any kind of alcoholic liquor, whether the same contains any alcoholic liquor or not.
[C35, §1921-f48; C39, §1921.048; C46, 50, 54, 58, 62, 66, 71, §123.48; C73, 75, 77, 79, 81, §123.52]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.57 - Examination of accounts.

123.57 Examination of accounts.
The financial condition and transactions of all offices, departments, warehouses, and depots of the division shall be examined at least once each year by the state auditor and at shorter periods if requested by the administrator, governor, commission, or the general assembly’s standing committees on government oversight.
[C35, §1921-f57; C39, §1921.057; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.57]
86 Acts, ch 1246, §749; 2011 Acts, ch 30, §9
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.58 - Auditing.

123.58 Auditing.
All provisions of sections 11.6, 11.11, 11.14, 11.21, 11.31, and 11.41, relating to auditing of financial records of governmental subdivisions which are not inconsistent with this chapter are applicable to the division and its offices, warehouses, and depots.
[C35, §1921-f58; C39, §1921.058; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.58]
86 Acts, ch 1246, §750; 89 Acts, ch 264, §4; 2011 Acts, ch 75, §34
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.59 - Bootlegging — penalties.

123.59 Bootlegging — penalties.
1. Any person who, acting individually, or through another acting for the person, keeps or carries on the person, or in a vehicle, or leaves in a place for another to secure, any alcoholic liquor, wine, or beer, with intent to sell or dispense the liquor, wine, or beer, in violation of law, or who, within this state, in any manner, directly or indirectly, solicits, takes, or accepts an order for the purchase, sale, shipment, or delivery of alcoholic liquor, wine, or beer in violation of law, or aids in the delivery and distribution of alcoholic liquor, wine, or beer so ordered or shipped, or who in any manner procures for, sells, or gives alcoholic liquor, wine, or beer to a person under legal age, for any purpose except as authorized and permitted in this chapter, is a bootlegger.
2. A person who violates any of the provisions of this section commits the following:
a. For a first offense, a simple misdemeanor.
b. For a second or subsequent offense, a serious misdemeanor.
[C51, §924 – 928; R60, §1559, 1562, 1563, 1583, 1587; C73, §1523, 1540 – 1542, 1555; C97, §2382; SS15, §2382, 2461-a; C24, 27, 31, §1927; C35, §1921-f59, 1927; C39, §1921.059, 1927; C46, 50, 54, 58, 62, 66, 71, §123.59, 125.7; C73, 75, 77, 79, 81, §123.59]
85 Acts, ch 32, §50; 85 Acts, ch 67, §16; 2018 Acts, ch 1096, §3, 6
Referred to in §123.50, 123.70
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.60 - Nuisances.

123.60 Nuisances.
The premises where the unlawful manufacture or sale, or keeping with intent to sell, use or give away, of alcoholic liquors, wine, or beer is carried on, and any vehicle or other means of conveyance used in transporting liquor, wine, or beer in violation of law, and the furniture, fixtures, vessels and contents, kept or used in connection with such activities are nuisances and shall be abated as provided in this chapter.
[C51, §935; R60, §1564; C73, §1543; C97, §2384; C24, 27, 31, §1929; C35, §1921-f60, 1929; C39, §1921.060, 1929; C46, 50, 54, 58, 62, 66, 71, §123.60, 125.9; C73, 75, 77, 79, 81, §123.60]
85 Acts, ch 32, §51
Referred to in §123.61, 123.88
Nuisances in general, chapter 657
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.61 - Penalty.

123.61 Penalty.
Any person who erects, establishes, or uses any premises for any of the purposes prohibited in section 123.60, is guilty of nuisance and shall be subject to the general penalties provided by this chapter.
[C51, §935; R60, §1564; C73, §1543; C97, §2384; C24, 27, 31, §1930; C35, §1921-f61, 1930; C39, §1921.061, 1930; C46, 50, 54, 58, 62, 66, 71, §123.61, 125.10; C73, 75, 77, 79, 81, §123.61]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.62 - Injunction.

123.62 Injunction.
Actions to enjoin nuisances shall be brought in equity in the name of the state by the county attorney who shall prosecute the same to judgment.
[R60, §1564; C73, §1543; C97, §2405, 2406; S13, §2406; SS15, §2405; C24, 27, 31, §2017; C35, §1921-f62, 2017; C39, §1921.062, 2017; C46, 50, 54, 58, 62, 66, 71, §123.62, 128.1; C73, 75, 77, 79, 81, §123.62]
Referred to in §331.756(24)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.63 - Temporary writ.

123.63 Temporary writ.
In an action to enjoin a nuisance, the court shall, upon the presentation of a petition, allow a temporary writ of injunction without bond, if the petitioner provides evidence to the satisfaction of the court, in the form of affidavits, depositions, oral testimony, or otherwise, that the nuisance complained of exists.
[R60, §1564; C73, §1543; C97, §2405; SS15, §2405; C24, 27, 31, §2018; C35, §1921-f63, 2018; C39, §1921.063, 2018; C46, 50, 54, 58, 62, 66, 71, §123.63, 128.2; C73, 75, 77, 79, 81, §123.63]
2021 Acts, ch 80, §58
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.64 - Notice.

123.64 Notice.
Three days’ notice in writing shall be given the defendant of the hearing of the application, and if then continued at the defendant’s instance the writ as petitioned for shall be granted as a matter of course.
[C97, §2405; SS15, §2405; C24, 27, 31, §2019; C35, §1921-f64, 2019; C39, §1921.064, 2019; C46, 50, 54, 58, 62, 66, 71, §123.64, 128.3; C73, 75, 77, 79, 81, §123.64]
90 Acts, ch 1168, §26
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.65 - Scope of injunction.

123.65 Scope of injunction.
When an injunction has been granted, it shall be binding upon the defendant throughout the state and any violation of the provisions of this chapter anywhere within the state shall be punished as a contempt as provided in section 123.68.
[C97, §2405; SS15, §2405; C24, 27, 31, §2020; C35, §1921-f65, 2020; C39, §1921.065, 2020; C46, 50, 54, 58, 62, 66, 71, §123.65, 128.4; C73, 75, 77, 79, 81, §123.65]
2021 Acts, ch 80, §59
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.66 - Trial of action.

123.66 Trial of action.
Any action brought to enjoin a nuisance or to establish a violation of the injunction shall be accorded priority over other business pending before the district court.
[C97, §2406; S13, §2406; C24, 27, 31, §2021; C35, §1921-f66, 2021; C39, §1921.066, 2021; C46, 50, 54, 58, 62, 66, 71, §123.66, 128.5; C73, 75, 77, 79, 81, §123.66]
2021 Acts, ch 80, §60
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.67 - General reputation.

123.67 General reputation.
In all actions to enjoin a nuisance or to establish a violation of the injunction, evidence of the general reputation of the premises described in the petition or information shall be admissible for the purpose of proving the existence of the nuisance or the violation of the injunction.
[C97, §2406; S13, §2406; C24, 27, 31, §2022; C35, §1921-f67, 2022; C39, §1921.067, 2022; C46, 50, 54, 58, 62, 66, 71, §123.67, 128.6; C73, 75, 77, 79, 81, §123.67]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.68 - Contempt.

123.68 Contempt.
In the case of a violation of any injunction granted under the provisions of this chapter, the court may summarily try and punish the defendant pursuant to the general penalties provided by this chapter. The proceedings shall be commenced by filing with the clerk of the court an information under oath setting out the alleged facts constituting such violation, upon which the court shall cause a warrant to issue under which the defendant shall be arrested.
[C97, §2407; SS15, §2407; C24, 27, 31, §2027; C35, §1921-f68, 2027; C39, §1921.068, 2027; C46, 50, 54, 58, 62, 66, 71, §123.68, 128.13; C73, 75, 77, 79, 81, §123.68]
Referred to in §123.65
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.69 - Trial of contempt action.

123.69 Trial of contempt action.
The trial shall be as in equity and may be had upon depositions, or either party may demand the production and oral examination of the witnesses.
[C97, SS15, §2407; C24, 27, 31, §2028; C35, §1921-f69, 2028; C39, §1921.069, 2028; C46, 50, 54, 58, 62, 66, 71, §123.69, 128.14; C73, 75, 77, 79, 81, §123.69]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.70 - Injunction against bootlegger.

123.70 Injunction against bootlegger.
A bootlegger as defined in section 123.59 may be restrained by injunction from doing or continuing to do any of the acts prohibited herein, and all the proceedings for injunctions, temporary and permanent, and for punishments for violation of the same as prescribed herein, shall be applicable to such person, and the fact that an offender has no known or permanent place of business, or base of supplies, or quits the business after the commencement of an action, shall not prevent a temporary or permanent injunction, as the case may be, from issuing.
[S13, §2461-b; C24, 27, 31, §2031; C35, §1921-f71, 2031; C39, §1921.071, 2031; C46, 50, 54, 58, 62, 66, 71, §123.71, 128.17; C73, 75, 77, 79, 81, §123.70]
2015 Acts, ch 30, §43
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.71 - Conditions on injunction proceeding.

123.71 Conditions on injunction proceeding.
A bootlegger injunction proceeding, as provided in this chapter, shall not be maintained unless it is shown to the court that efforts in good faith have been made to discover the base of supplies or place where the defendant charged as a bootlegger conducts an unlawful business or receives or manufactures the alcoholic liquor, wine, or beer, which the defendant is charged with bootlegging.
[C27, 31, §2031-a1; C35, §1921-f72, 2031-a1; C39, §1921.072, 2031.1; C46, 50, 54, 58, 62, 66, 71, §123.72, 128.18; C73, 75, 77, 79, 81, §123.71]
85 Acts, ch 32, §52
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.72 - Order of abatement of nuisance.

123.72 Order of abatement of nuisance.
If the existence of a nuisance is established in a civil or criminal action, an order of abatement shall be entered as a part of the judgment in the case. The order shall direct the confiscation of all alcoholic liquor, wine, or beer by the state; the removal from the premises involved of all fixtures, furniture, vessels, or movable property used in any way in conducting the unlawful business; the sale of all removed property as well as any vehicle or other means of conveyance which has been abated, the sale to be conducted in the manner provided for the sale of chattels under execution; and the effective closing of the premises against use for the purpose of manufacture, sale, or consumption of alcoholic liquor, wine, or beer for a period of one year, unless sooner released by the court.
[C51, §935; R60, §1559; C73, §1523, 1543; C97, §2408; C24, 27, 31, §2032; C35, §1921-f73, 2032; C39, §1921.073, 2032; C46, 50, 54, 58, 62, 66, 71, §123.73, 128.19; C73, 75, 77, 79, 81, §123.72]
85 Acts, ch 32, §53
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.73 - Use of abated premises.

123.73 Use of abated premises.
If any person uses a premises closed pursuant to an abatement order in violation of such order the person shall be punished for contempt as provided in this chapter.
[C97, §2408; C24, 27, 31, §2033; C35, §1921-f74, 2033; C39, §1921.074, 2033; C46, 50, 54, 58, 62, 66, 71, §123.74, 128.20; C73, 75, 77, 79, 81, §123.73]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.74 - Fees.

123.74 Fees.
For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as the officer would for levying upon and selling like property on execution; and for closing the premises and keeping them closed a reasonable sum shall be allowed by the court.
[C97, §2408; C24, 27, 31, §2034; C35, §1921-f75, 2034; C39, §1921.075, 2034; C46, 50, 54, 58, 62, 66, 71, §123.75, 128.21; C73, 75, 77, 79, 81, §123.74]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.75 - Proceeds of sale.

123.75 Proceeds of sale.
The proceeds of the sale of personal property in abatement proceedings shall be applied first in payment of the costs of the action and abatement, and second to the satisfaction of any fine and costs adjudged against the proprietor of the premises and keeper of said nuisance, and the balance, if any, shall be paid to the defendant.
[C97, §2409; C24, 27, 31, §2035; C35, §1921-f76, 2035; C39, §1921.076, 2035; C46, 50, 54, 58, 62, 66, 71, §123.76, 128.22; C73, 75, 77, 79, 81, §123.75]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.76 - Abatement of nuisance.

123.76 Abatement of nuisance.
If the owner of the abated premises appears and pays all costs of the proceeding and files a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that the owner will immediately abate the nuisance and prevent the same from being established or kept on such premises within a period of one year thereafter, the court may order such premises to be delivered to the owner and cancel the order of abatement so far as it may relate to the property.
[C97, §2410; S13, §2410; C24, 27, 31, §2036; C35, §1921-f77, 2036; C39, §1921.077, 2036; C46, 50, 54, 58, 62, 66, 71, §123.77, 128.23; C73, 75, 77, 79, 81, §123.76]
Referred to in §123.78, 602.8102(30)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.77 - Abatement before judgment.

123.77 Abatement before judgment.
If the action is in equity and the owner of the premises pays the costs of the action and files the bond prior to the entry of judgment and the abatement order, such action shall be abated as to the premises only.
[C97, §2410; S13, §2410; C24, 27, 31, §2037; C35, §1921-f78, 2037; C39, §1921.078, 2037; C46, 50, 54, 58, 62, 66, 71, §123.78, 128.24; C73, 75, 77, 79, 81, §123.77]
Referred to in §123.78
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.78 - Existing liens.

123.78 Existing liens.
The release of the property under the provisions of either section 123.76 or 123.77 shall not release it from any judgment lien, penalty, or liability, to which it may be subject by law.
[C97, §2410; S13, §2410; C24, 27, 31, §2038; C35, §1921-f79, 2038; C39, §1921.079, 2038; C46, 50, 54, 58, 62, 66, 71, §123.79, 128.25; C73, 75, 77, 79, 81, §123.78]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.79 - Abatement bond a lien.

123.79 Abatement bond a lien.
Undertakings of bonds for abatement shall immediately after filing by the clerk of the district court be docketed and entered upon the lien index as required for judgments in civil cases, and from the time of such entries shall be liens upon real estate of the persons executing the same, with like effect as judgments in civil actions.
[C24, 27, 31, §2039; C35, §1921-f80, 2039; C39, §1921.080, 2039; C46, 50, 54, 58, 62, 66, 71, §123.80, 128.26; C73, 75, 77, 79, 81, §123.79]
Referred to in §123.84, 602.8102(30)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.80 - Attested copies filed.

123.80 Attested copies filed.
Attested copies of such undertakings may be filed in the office of the clerk of the district court of the county in which the real estate is situated in the same manner and with like effect as attested copies of judgments, and shall be immediately docketed and indexed in the same manner.
[C24, 27, 31, §2040; C35, §1921-f81, 2040; C39, §1921.081, 2040; C46, 50, 54, 58, 62, 66, 71, §123.81, 128.27; C73, 75, 77, 79, 81, §123.80]
Referred to in §602.8102(30)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.81 - Forfeiture of bond.

123.81 Forfeiture of bond.
If the owner of a property who has filed an abatement bond as provided in this chapter fails to abate the alcoholic liquor, wine, or beer nuisance on the premises covered by the bond, or fails to prevent the maintenance of any alcoholic liquor, wine, or beer nuisance on the premises at any time within a period of one year after entry of the abatement order, the court shall, after a hearing in which such fact is established, direct an entry of the violation of the terms of the owner’s bond to be made on the record and the undertaking of the owner’s bond shall be forfeited.
[C24, 27, 31, §2041; C35, §1921-f82, 2041; C39, §1921.082, 2041; C46, 50, 54, 58, 62, 66, 71, §123.82, 128.28; C73, 75, 77, 79, 81, §123.81]
85 Acts, ch 32, §54; 2018 Acts, ch 1060, §42
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.82 - Procedure.

123.82 Procedure.
A proceeding to forfeit an abatement bond shall be commenced by filing with the clerk of the court, by the county attorney of the county where the bond is filed, an application under oath to forfeit such bond, setting out the alleged facts constituting the violation of the terms of the bond, upon which the court shall direct by order attached to such application that a notice be issued by the clerk of the district court directed to the principal and sureties on the bond to appear at a certain date fixed to show cause why such bond should not be forfeited and judgment entered for the penalty fixed therein.
[C24, 27, 31, §2042; C35, §1921-f83, 2042; C39, §1921.083, 2042; C46, 50, 54, 58, 62, 66, 71, §123.83, 128.29; C73, 75, 77, 79, 81, §123.82]
Referred to in §123.83, 123.84
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.83 - Method of trial.

123.83 Method of trial.
The trial of an action filed pursuant to section 123.82 shall be to the court and as in equity, and be governed by the same rules of evidence as contempt proceedings.
[C24, 27, 31, §2043; C35, §1921-f84, 2043; C39, §1921.084, 2043; C46, 50, 54, 58, 62, 66, 71, §123.84, 128.30; C73, 75, 77, 79, 81, §123.83]
2015 Acts, ch 30, §44
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.84 - Judgment.

123.84 Judgment.
If the court after a hearing in an action filed pursuant to section 123.82 finds an alcoholic liquor, wine, or beer nuisance has been maintained on the premises covered by the abatement bond and that alcoholic liquor, wine, or beer has been sold or kept for sale on the premises contrary to law within one year from the date of the giving of the bond, then the court shall order the forfeiture of the bond and enter judgment for the full amount of the bond against the principal and sureties on the bond. The lien on the real estate created pursuant to section 123.79 shall be decreed foreclosed and the court shall provide for a special and general execution for the enforcement of the decree and judgment.
[C24, 27, 31, §2044; C35, §1921-f85, 2044; C39, §1921.085, 2044; C46, 50, 54, 58, 62, 66, 71, §123.85, 128.31; C73, 75, 77, 79, 81, §123.84]
85 Acts, ch 32, §55; 2015 Acts, ch 30, §45; 2018 Acts, ch 1060, §43
Referred to in §123.85
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.85 - Appeal.

123.85 Appeal.
Appeal from a judgment and decree entered pursuant to section 123.84 may be taken as in equity cases and the cause be triable de novo except that if the state appeals it need not file an appeal or supersedeas bond.
[C24, 27, 31, §2045; C35, §1921-f86, 2045; C39, §1921.086, 2045; C46, 50, 54, 58, 62, 66, 71, §123.86, 128.32; C73, 75, 77, 79, 81, §123.85]
2015 Acts, ch 30, §46
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.86 - County attorney to prosecute.

123.86 County attorney to prosecute.
It shall be the duty of the county attorney to prosecute in the name of the state all forfeitures of abatement bonds and the foreclosures of same.
[C24, 27, 31, §2047; C35, §1921-f87, 2047; C39, §1921.087, 2047; C46, 50, 54, 58, 62, 66, 71, §123.87, 128.34; C73, 75, 77, 79, 81, §123.86]
Referred to in §331.756(24)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.87 - Prompt service.

123.87 Prompt service.
It shall be a simple misdemeanor for any peace officer to delay service of original notices, writs of injunction, writs of abatement, or warrants for contempt in any equity case filed for injunction or abatement by the state.
[C24, 27, 31, §2049; C35, §1921-f88, 2049; C39, §1921.088, 2049; C46, 50, 54, 58, 62, 66, 71, §123.88, 128.36; C73, 75, 77, 79, 81, §123.87]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.88 - Evidence.

123.88 Evidence.
On the issue whether a party knew or ought to have known of a nuisance described under section 123.60, evidence of the general reputation of the place shall be admissible.
[C24, 27, 31, §2053; C35, §1921-f89, 2053; C39, §1921.089, 2053; C46, 50, 54, 58, 62, 66, 71, §123.89, 128.40; C73, 75, 77, 79, 81, §123.88]
2015 Acts, ch 30, §47
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.89 - Counts.

123.89 Counts.
Informations or indictments under this chapter may allege any number of violations of its provisions by the same party, but the several charges must be set out in separate counts, and the accused may be convicted and punished upon each one as on separate informations or indictments, and a separate judgment shall be rendered on each count under which there is a finding of guilty.
[C51, §931; R60, §1562; C73, §1540; C97, §2425; C24, 27, 31, §1953; C35, §1921-f90, 1953; C39, §1921.090, 1953; C46, 50, 54, 58, 62, 66, 71, §123.90, 126.8; C73, 75, 77, 79, 81, §123.89]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.90 - Penalties generally.

123.90 Penalties generally.
Unless other penalties are provided in this chapter, any person, except a person under legal age, who violates any of the provisions of this chapter, or who makes a false statement concerning any material fact in submitting an application for a permit or license, shall be guilty of a serious misdemeanor. Any person under legal age who violates any of the provisions of this chapter shall upon conviction be guilty of a simple misdemeanor.
[C35, §1921-f91, 1921-f127; C39, §1921.091, 1921.132; C46, 50, 54, 58, 62, 66, 71, §123.91, 124.37; C73, 75, 77, 79, 81, §123.90]
2020 Acts, ch 1063, §56
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.91 - Second and subsequent conviction.

123.91 Second and subsequent conviction.
Unless otherwise provided by law, a person who has been convicted in a criminal action in any court of record of a violation of a provision of this chapter, except for a violation of section 123.46, or a provision of the laws of the United States or of any other state relating to alcoholic liquors, wine, or beer, and who is thereafter convicted of a subsequent criminal offense against any provision of this chapter is guilty of the following offenses:
1. For the second conviction, a serious misdemeanor.
2. For the third and each subsequent conviction, an aggravated misdemeanor.
[R60, §1561, 1563, 1577; C73, §1525, 1538, 1540, 1542, 1559; SS15, §2461-m; C24, 27, 31, 35, 39, §1964; C46, 50, 54, 58, 62, 66, 71, §126.19; C73, 75, 77, 79, 81, §123.91]
85 Acts, ch 32, §56; 2018 Acts, ch 1060, §44; 2019 Acts, ch 59, §44; 2019 Acts, ch 140, §42
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.93 - Limitation of action.

123.93 Limitation of action.
Within six months of the occurrence of an injury, the injured person shall give written notice to the licensee or permittee or such licensee’s or permittee’s insurance carrier of the person’s intention to bring an action under this section, indicating the time, place and circumstances causing the injury. Such six months’ period shall be extended if the injured party is incapacitated at the expiration thereof or unable, through reasonable diligence, to discover the name of the licensee, permittee, or person causing the injury or until such time as such incapacity is removed or such person has had a reasonable time to discover the name of the licensee, permittee or person causing the injury.
[C73, 75, 77, 79, 81, §123.93]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.94 - Inurement of action prohibited.

123.94 Inurement of action prohibited.
No right of action for contribution or indemnity shall accrue to any insurer, guarantor or indemnitor of any intoxicated person for any act of such intoxicated person against any licensee or permittee as defined in this chapter.
[C73, 75, 77, 79, 81, §123.94]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.98 - Labeling shipments.

123.98 Labeling shipments.
1. It shall be unlawful for any common carrier or for any person to transport or convey by any means, whether for compensation or not, within this state, any alcoholic liquor, wine, or beer, unless the vessel or other package containing such alcoholic liquor, wine, or beer shall be plainly and correctly identified, showing the quantity and kind of alcoholic liquor, wine, or beer contained therein, the name of the party to whom they are to be delivered, and the name of the shipper, or unless such information is shown on a bill of lading or other document accompanying the shipment. No person shall be authorized to receive or keep such alcoholic liquor, wine, or beer unless the same be marked or labeled as required by this section. The violation of any provision of this section by any common carrier, or any agent or employee of any carrier, or by any person, shall be punished under the provisions of this chapter.
2. Any alcoholic liquor, wine, or beer conveyed, carried, transported, or delivered in violation of this section, whether in the hands of the carrier or someone to whom they shall have been delivered, shall be subject to seizure and condemnation, as alcoholic liquor, wine, or beer kept for illegal sale.
[C97, §2421; C24, 27, 31, 35, 39, §1936, 1938; C46, 50, 54, 58, 62, 66, 71, §125.16, 125.18; C73, 75, 77, 79, 81, §123.98]
2018 Acts, ch 1060, §48
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.99 - False statements.

123.99 False statements.
A person commits a simple misdemeanor if the person, for the purpose of procuring the shipment, transportation, or conveyance of any alcoholic liquor, wine, or beer within this state in violation of this chapter, does any of the following:
1. Makes to any person, company, corporation, or common carrier, or to any agent thereof, any false statements as to the character or contents of any box, barrel, or other vessel or package containing such alcoholic liquor, wine, or beer.
2. Refuses to give correct and truthful information as to the contents of any such box, barrel, or other vessel or package so sought to be transported or conveyed.
3. Falsely labels, brands, or marks a box, barrel, or other vessel or package in order to conceal the fact that the same contains alcoholic liquor, wine, or beer.
4. By any device or concealment procures or attempts to procure the conveyance or transportation of alcoholic liquor, wine, or beer.
[C97, §2420; C24, 27, 31, 35, 39, §1934; C46, 50, 54, 58, 62, 66, 71, §125.14; C73, 75, 77, 79, 81, §123.99]
2013 Acts, ch 35, §25; 2018 Acts, ch 1060, §49; 2019 Acts, ch 59, §45
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.100 - Packages in transit.

123.100 Packages in transit.
Any peace officer of the county under process or warrant to the peace officer directed shall have the right to open any box, barrel, or other vessel or package for examination, if the peace officer has reasonable ground for believing that it contains alcoholic liquor, wine, or beer, either before or while the same is being so transported or conveyed.
[C97, §2420; C24, 27, 31, 35, 39, §1935; C46, 50, 54, 58, 62, 66, 71, §125.15; C73, 75, 77, 79, 81, §123.100]
2013 Acts, ch 35, §26; 2018 Acts, ch 1060, §50
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.101 - Record of shipments.

123.101 Record of shipments.
It shall be the duty of all common carriers, or corporations, or persons who shall for hire carry any alcoholic liquor, wine, or beer into the state, or from one point to another within the state, for the purpose of delivery, and who shall deliver such alcoholic liquor, wine, or beer to any person, company, or corporation, to maintain a proper record of the name of the consignor of each shipment of alcoholic liquor, wine, or beer from where shipped, the date of arrival, the quantity and kind of alcoholic liquor, wine, or beer, so far as disclosed by lettering on the package or by the carrier’s records, and to whom and where consigned, and the date delivered.
[SS15, §2421-b; C24, 27, 31, 35, 39, §1940; C46, 50, 54, 58, 62, 66, 71, §125.20; C73, 75, 77, 79, 81, §123.101]
2013 Acts, ch 35, §27; 2018 Acts, ch 1060, §51
Referred to in §123.102
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.102 - Inspection of shipping records.

123.102 Inspection of shipping records.
The records required by section 123.101 shall, during business hours, be open to inspection by any peace or law enforcing officer. It is a simple misdemeanor to refuse such inspection.
[SS15, §2421-c, -d; C24, 27, 31, 35, 39, §1941; C46, 50, 54, 58, 62, 66, 71, §125.21; C73, 75, 77, 79, 81, §123.102]
2013 Acts, ch 35, §28
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.103 - Record and certification upon delivery.

123.103 Record and certification upon delivery.
The full name and residence or place of business of the consignee of a shipment billed in whole or in part as alcoholic liquor, wine, or beer, shall be properly recorded at the time of delivery and the consignee shall certify that the alcoholic liquor, wine, or beer is for the consignee’s own lawful purposes.
[SS15, §2421-b; C24, 27, 31, 35, 39, §1942; C46, 50, 54, 58, 62, 66, 71, §125.22; C73, 75, 77, 79, 81, §123.103]
2013 Acts, ch 35, §29; 2018 Acts, ch 1060, §52
Referred to in §123.104
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.104 - Unlawful delivery.

123.104 Unlawful delivery.
It is a simple misdemeanor for any corporation, common carrier, person, or any agent or employee thereof:
1. To deliver any alcoholic liquor, wine, or beer to any person other than to the consignee.
2. To deliver any alcoholic liquor, wine, or beer without having the same properly recorded as provided in section 123.103.
3. To deliver any alcoholic liquor, wine, or beer where there is reasonable ground to believe that such alcoholic liquor, wine, or beer is intended for unlawful use.
[SS15, §2421-c1; C24, 27, 31, 35, 39, §1943; C46, 50, 54, 58, 62, 66, 71, §125.23; C73, 75, 77, 79, 81, §123.104]
2013 Acts, ch 35, §30; 2018 Acts, ch 1060, §53
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.105 - Immunity from damage.

123.105 Immunity from damage.
In no case shall any corporation, common carrier, person, or the agent thereof, be liable in damages for complying with any requirements of this chapter.
[SS15, §2421-c; C24, 27, 31, 35, 39, §1944; C46, 50, 54, 58, 62, 66, 71, §125.24; C73, 75, 77, 79, 81, §123.105]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.106 - Federal statutes.

123.106 Federal statutes.
The requirements of this chapter relative to the shipment and delivery of alcoholic liquor, wine, or beer and the records to be kept thereof shall be construed in harmony with federal statutes relating to interstate commerce in such liquor, wine, or beer.
[SS15, §2421-e; C24, 27, 31, 35, 39, §1945; C46, 50, 54, 58, 62, 66, 71, §125.25; C73, 75, 77, 79, 81, §123.106]
2013 Acts, ch 35, §31; 2018 Acts, ch 1060, §54