reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.107 - Unnecessary allegations.

123.107 Unnecessary allegations.
1. In any indictment or information under this chapter, it shall not be necessary:
a. To set out exactly the kind or quantity of alcoholic liquor, wine, or beer manufactured, sold, given in evasion of the statute, or kept for sale.
b. To set out the exact time of manufacture, sale, gift, or keeping for sale.
c. To negative any exceptions contained in the statute creating or defining the offense, which may be proper ground of defense.
2. Proof of the violation by the accused of any provision of this chapter, the substance of which violation is briefly set forth, within the time mentioned in the indictment or information, shall be sufficient to convict such person.
[R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, §1952; C46, 50, 54, 58, 62, 66, 71, §126.7; C73, 75, 77, 79, 81, §123.107]
2009 Acts, ch 41, §263; 2013 Acts, ch 35, §32; 2018 Acts, ch 1060, §55; 2019 Acts, ch 59, §46
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.108 - Second conviction defined.

123.108 Second conviction defined.
The second or subsequent convictions provided for in this chapter shall be convictions on separate informations or indictments, and, unless shown in the information or indictment, the charge shall be held to be for a first offense.
[R60, §1562; C73, §1540; C97, §2425; C24, 27, 31, 35, 39, §1955; C46, 50, 54, 58, 62, 66, 71, §126.10; C73, 75, 77, 79, 81, §123.108]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.109 - Record of conviction.

123.109 Record of conviction.
On the trial of any cause in which the accused is charged with a second or subsequent offense, a duly authenticated copy of the former judgment in any court in which such conviction was had shall be competent evidence of such former conviction.
[SS15, §2461-n; C24, 27, 31, 35, 39, §1956; C46, 50, 54, 58, 62, 66, 71, §126.11; C73, 75, 77, 79, 81, §123.109]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.110 - Proof of sale.

123.110 Proof of sale.
It shall not be necessary in every case to prove payment in order to prove a sale within the meaning and intent of this chapter.
[R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, §1957; C46, 50, 54, 58, 62, 66, 71, §126.12; C73, 75, 77, 79, 81, §123.110]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.111 - Purchaser as witness.

123.111 Purchaser as witness.
The person purchasing any alcoholic liquor, wine, or beer sold in violation of this chapter shall in all cases be a competent witness to prove such sale.
[R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, §1958; C46, 50, 54, 58, 62, 66, 71, §126.13; C73, 75, 77, 79, 81, §123.111]
2013 Acts, ch 35, §33; 2018 Acts, ch 1060, §56
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.112 - Peace officer as witness.

123.112 Peace officer as witness.
Every peace officer shall give evidence, when called upon, of any facts within the peace officer’s knowledge tending to prove a violation of the provisions of this chapter.
[R60, §1578; C73, §1551; C97, §2428; S13, §2428; C24, 27, 31, 35, 39, §1959; C46, 50, 54, 58, 62, 66, 71, §126.14; C73, 75, 77, 79, 81, §123.112]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.113 - Judgment lien.

123.113 Judgment lien.
For all fines and costs assessed or judgments rendered of any kind against any person for a violation of any provision of this chapter, or costs paid by the county on account of such violation, the personal and real property of the violator, whether exempt or not, except the homestead, as well as the premises and property, personal and real, occupied and used for the unlawful purpose, with the knowledge of the owner or the owner’s agent, by the violator, shall be liable, and the same shall be a lien on such real estate until paid.
[R60, §1579; C73, §1552, 1558; C97, §2422; C24, 27, 31, 35, 39, §1960; C46, 50, 54, 58, 62, 66, 71, §126.15; C73, 75, 77, 79, 81, §123.113]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.114 - Enforcement of lien.

123.114 Enforcement of lien.
Costs paid by the county for the prosecution of actions or proceedings, civil or criminal, under this chapter, as well as the fines inflicted or judgments rendered, may be enforced against the property upon which the lien attaches by execution, or by action against the owner of the property to subject it to the payment thereof.
[C73, §1558; C97, §2422; C24, 27, 31, 35, 39, §1961; C46, 50, 54, 58, 62, 66, 71, §126.16; C73, 75, 77, 79, 81, §123.114]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.115 - Defense.

123.115 Defense.
In any prosecution under this chapter for the unlawful transportation of alcoholic liquor, wine, or beer it shall be a defense that the character and contents of the shipment or thing transported were not known to the accused or to the accused’s agent or employee.
[C97, §2419; C24, §2059; C27, 31, 35, §1945-a2; C39, §1945.3; C46, 50, 54, 58, 62, 66, 71, §125.28; C73, 75, 77, 79, 81, §123.115]
2013 Acts, ch 35, §34; 2018 Acts, ch 1060, §57
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.116 - Right to receive alcoholic liquor, wine, or beer.

123.116 Right to receive alcoholic liquor, wine, or beer.
The consignee of alcoholic liquor, wine, or beer shall, on demand of the carrier transporting such alcoholic liquor, wine, or beer, furnish the carrier, at the place of delivery, with legal proof of the consignee’s legal right to receive such alcoholic liquor, wine, or beer at the time of delivery, and until such proof is furnished the carrier shall be under no legal obligation to make delivery nor be liable for failure to deliver.
[C24, §2061; C27, 31, 35, §1945-a4; C39, §1945.5; C46, 50, 54, 58, 62, 66, 71, §125.30; C73, 75, 77, 79, 81, §123.116]
2013 Acts, ch 35, §35; 2018 Acts, ch 1060, §58
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.117 - Delivery to sheriff.

123.117 Delivery to sheriff.
If such proof is not furnished the carrier within ten days after demand, the carrier may deliver such liquor, wine, or beer to the sheriff of the county embracing the place of delivery, and such delivery shall absolve the carrier from all liability pertaining to such liquor, wine, or beer.
[C24, §2062; C27, 31, 35, §1945-a5; C39, §1945.6; C46, 50, 54, 58, 62, 66, 71, §125.31; C73, 75, 77, 79, 81, §123.117]
2013 Acts, ch 35, §36
Referred to in §331.653
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.118 - Destruction.

123.118 Destruction.
The sheriff shall, on receipt of such liquor, wine, or beer from the carrier, report the receipt to the district court of the sheriff’s county, and the court shall proceed to summarily enter an order for the destruction or forfeiture to the state of such liquor, wine, or beer.
[C24, §2063; C27, 31, 35, §1945-a6; C39, §1945.7; C46, 50, 54, 58, 62, 66, 71, §125.32; C73, 75, 77, 79, 81, §123.118]
2013 Acts, ch 35, §37
Referred to in §331.653
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.119 - Evidence.

123.119 Evidence.
In all actions, civil or criminal, under the provisions of this chapter, the finding of alcoholic liquors or of instruments or utensils used in the manufacture of alcoholic liquors, or materials which are being used, or are intended to be used in the manufacture of alcoholic liquors, in the possession of or under the control of any person, under and by authority of a search warrant or other process of law, and which shall have been finally adjudicated and declared forfeited by the court, shall be competent evidence of maintaining a nuisance or bootlegging, or of illegal transportation of alcoholic liquors, as the case may be, by such person.
[C27, 31, 35, §1966-a1; C39, §1966.1; C46, 50, 54, 58, 62, 66, 71, §126.23; C73, 75, 77, 79, 81, §123.119]
2018 Acts, ch 1060, §59
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.120 - Attempt to destroy.

123.120 Attempt to destroy.
The destruction of or attempt to destroy any liquid by any person while in the presence of peace officers or while a property is being searched by a peace officer, shall be competent evidence that such liquid is alcoholic liquor, wine, or beer and intended for unlawful purposes.
[C27, 31, 35, §1966-a3; C39, §1966.3; C46, 50, 54, 58, 62, 66, 71, §126.25; C73, 75, 77, 79, 81, §123.120]
2013 Acts, ch 35, §38; 2018 Acts, ch 1060, §60
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.121 - Venue.

123.121 Venue.
1. In any prosecution under this chapter for the unlawful sale of alcoholic liquor, wine, or beer, including a sale which requires a shipment or delivery of the alcoholic liquor, wine, or beer, shall be deemed to be made in the county in which the delivery is made by the carrier to the consignee, or the consignee’s agent or employee.
2. In any prosecution under this chapter for the unlawful transportation of alcoholic liquor, wine, or beer, the offense shall be held to have been committed in any county in which such alcoholic liquor, wine, or beer is received for transportation, through which it is transported, or in which it is delivered.
[C97, §2419; C24, §1928, 2060; C27, 31, 35, §1928, 1945-a3; C39, §1928, 1945.4; C46, 50, 54, 58, 62, 66, 71, §125.8, 125.29; C73, 75, 77, 79, 81, §123.121]
85 Acts, ch 32, §60; 2013 Acts, ch 35, §39; 2018 Acts, ch 1060, §61
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.122 - Beer certificate, permit, or license required — exception for personal use.

123.122 Beer certificate, permit, or license required — exception for personal use.
1. A person shall not cause the manufacture, importation, or sale of beer in this state unless a certificate or permit as provided in this subchapter, or a retail alcohol license as provided in subchapter I of this chapter, is first obtained which authorizes that manufacture, importation, or sale.
2. Any person of legal age may manufacture beer for personal use without a class “A” beer permit, subject to the requirements of this subsection. Such beer may be consumed on the premises or removed from the premises where it was manufactured only if the beer is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.
3. Except as otherwise provided in this chapter, a person shall not import beer. However, an individual of legal age may import beer into the state without a certificate, permit, or license an amount of beer not to exceed four and one-half gallons per calendar month that the individual personally obtained outside the state or, in the case of beer personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal consumption. Beer imported pursuant to this section shall be for personal consumption in a private home or other private accommodation and only if the beer is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.
[C35, §1921-f96; C39, §1921.095; C46, 50, 54, 58, 62, 66, 71, §124.1; C73, 75, 77, 79, 81, §123.122]
88 Acts, ch 1088, §7; 2015 Acts, ch 30, §48; 2015 Acts, ch 138, §26, 161, 162; 2019 Acts, ch 113, §37; 2022 Acts, ch 1099, §56, 88
Referred to in §123.10
[ ()]Charity beer, spirits, and wine special event license, see §123.173A
2022 amendment to subsection 1 effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsection 1 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.123 - Effect on liquor control licensees.

123.123 Effect on liquor control licensees. Repealed by 2022 Acts, ch 1099, §87, 88.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §88
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.124 - Beer permits — classes.

123.124 Beer permits — classes.
Permits for the manufacture and sale, or sale, of beer shall be known as class “A” and special class “A”. A holder of a class “A” or special class “A” beer permit shall have the authority as provided in section 123.130.
[C35, §1921-f98; C39, §1921.097; C46, 50, 54, 58, 62, 66, 71, §124.3; C73, 75, 77, 79, 81, §123.124]
88 Acts, ch 1241, §15; 89 Acts, ch 221, §1; 92 Acts, ch 1003, §1; 94 Acts, ch 1017, §6; 2010 Acts, ch 1031, §89, 96; 2015 Acts, ch 53, §3; 2016 Acts, ch 1073, §33; 2017 Acts, ch 119, §20; 2022 Acts, ch 1099, §57, 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 123.125 - Issuance of beer permits.

123.125 Issuance of beer permits.
The administrator shall issue class “A” and special class “A” beer permits and may suspend or revoke permits for cause as provided in this chapter.
[C35, §1921-f98; C39, §1921.097; C46, 50, 54, 58, 62, 66, 71, §124.3; C73, 75, 77, 79, 81, §123.125]
89 Acts, ch 221, §2; 2010 Acts, ch 1031, §90, 96; 2017 Acts, ch 119, §21; 2022 Acts, ch 1099, §58, 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 123.126A - Canned cocktails — applicability — manufacture.

123.126A Canned cocktails — applicability — manufacture.
1. Unless otherwise provided by this chapter, the provisions of this chapter applicable to beer shall also apply to canned cocktails.
2. Notwithstanding any provision of this chapter to the contrary, a manufacturer of beer may obtain and possess alcoholic liquor from the division for the purpose of manufacturing canned cocktails.
2019 Acts, ch 107, §3, 6; 2020 Acts, ch 1010, §1, 2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.128 - Class “B” beer permit application.

123.128 Class “B” beer permit application. Repealed by 2022 Acts, ch 1099, §5, 6.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.129 - Class “C” beer permit application.

123.129 Class “C” beer permit application. Repealed by 2022 Acts, ch 1099, §5, 6.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.131 - Authority under class “B” beer permit.

123.131 Authority under class “B” beer permit. Repealed by 2022 Acts, ch 1099, §5, 6.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.132 - Authority under class “C” beer permit.

123.132 Authority under class “C” beer permit. Repealed by 2022 Acts, ch 1099, §5, 6.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.134 - Beer permit fees.

123.134 Beer permit fees.
1. The annual permit fee for a class “A” beer permit is seven hundred fifty dollars.
2. The annual permit fee for a class “A” beer permit for a native brewery is three hundred dollars.
3. The annual permit fee for a special class “A” beer permit is three hundred dollars.
[C35, §1921-f117; C39, §1921.119; C46, 50, 54, 58, 62, 66, 71, §124.24; C73, 75, 77, 79, 81, §123.134]
84 Acts, ch 1275, §5; 87 Acts, ch 22, §10; 88 Acts, ch 1241, §20; 89 Acts, ch 221, §5; 91 Acts, ch 245, §4; 2010 Acts, ch 1031, §94, 96; 2011 Acts, ch 17, §13; 2016 Acts, ch 1073, §42 – 44; 2017 Acts, ch 119, §29, 30; 2021 Acts, ch 155, §9; 2022 Acts, ch 1099, §11, 15
[ ()]2022 strike and rewrite effective January 1, 2023; 2022 Acts, ch 1099, §15
Section stricken and rewritten
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.136 - Barrel tax.

123.136 Barrel tax.
1. In addition to the annual permit fee to be paid by all class “A” beer permittees under this chapter there shall be levied and collected from the permittees on all beer manufactured for sale or sold in this state at wholesale and on all beer imported into this state for sale at wholesale and sold in this state at wholesale, and from special class “A” beer permittees on all beer manufactured for consumption on the premises and on all beer sold at retail at the manufacturing premises for consumption off the premises pursuant to section 123.130, subsection 4, a tax of five and eighty-nine hundredths dollars for every barrel containing thirty-one gallons, and at a like rate for any other quantity or for the fractional part of a barrel. However, no tax shall be levied or collected on beer shipped outside this state by a class “A” beer permittee or special class “A” beer permittee or on beer sold to a class “A” beer permittee by a special class “A” beer permittee or another class “A” beer permittee.
2. All revenue derived from the barrel tax shall accrue to the state general fund.
3. All of the provisions of this chapter relating to the administration of the barrel tax on beer shall apply to this section.
[C35, §1921-f118; C39, §1921.120; C46, 50, 54, 58, 62, 66, 71, §124.25; C73, 75, 77, 79, 81, §123.136]
86 Acts, ch 1246, §751; 89 Acts, ch 221, §7; 2015 Acts, ch 53, §10; 2016 Acts, ch 1073, §46; 2017 Acts, ch 119, §32; 2019 Acts, ch 113, §46
Referred to in §123.130, 123.137, 123.142, 455C.2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.137 - Report of barrel sales — penalty.

123.137 Report of barrel sales — penalty.
1. A person holding a class “A” or special class “A” beer permit shall, on or before the tenth day of each calendar month commencing on the tenth day of the calendar month following the month in which the person is issued a beer permit, make a report under oath to the division electronically, or in a manner prescribed by the administrator, showing the exact number of barrels of beer, or fractional parts of barrels, sold by the beer permit holder during the preceding calendar month. The report shall also state information the administrator requires, and beer permit holders shall at the time of filing a report pay to the division the amount of tax due at the rate fixed in section 123.136.
2. A penalty of ten percent of the amount of the tax shall be added thereto if the report is not filed and the tax paid within the time required by this section.
[C35, §1921-f119; C39, §1921.121; C46, 50, 54, 58, 62, 66, 71, §124.26; C73, 75, 77, 79, 81, §123.137]
89 Acts, ch 221, §8; 2013 Acts, ch 35, §13; 2015 Acts, ch 53, §11; 2016 Acts, ch 1073, §47; 2017 Acts, ch 119, §33
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.139 - Separate locations — class “A” or special class “A” beer permit.

123.139 Separate locations — class “A” or special class “A” beer permit.
A class “A” or special class “A” beer permittee having more than one place of business is required to have a separate beer permit for each separate place of business maintained by the permittee where beer is manufactured, stored, warehoused, or sold.
[C35, §1921-f121; C39, §1921.123; C46, 50, 54, 58, 62, 66, 71, §124.28; C73, 75, 77, 79, 81, §123.139]
89 Acts, ch 221, §10; 2015 Acts, ch 53, §13; 2016 Acts, ch 1073, §49; 2017 Acts, ch 119, §35; 2018 Acts, ch 1060, §65
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.140 - Separate locations — class “B” or “C” beer permit.

123.140 Separate locations — class “B” or “C” beer permit. Repealed by 2022 Acts, ch 1099, §5, 6.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.141 - Keeping liquor where beer is sold.

123.141 Keeping liquor where beer is sold.
No alcoholic liquor for beverage purposes shall be used, or kept for any purpose in the place of business of a special class “C” retail alcohol licensee, or on the premises of such special class “C” retail alcohol licensee, at any time. A violation of any provision of this section shall be grounds for suspension or revocation of the beer permit pursuant to section 123.50, subsection 3. This section shall not apply in any manner or in any way to the premises of any hotel or motel for which a special class “C” retail alcohol license has been issued, other than that part of such premises regularly used by the hotel or motel for the principal purpose of selling beer or food to the general public, or to keep a pharmacy from having alcohol in stock for medicinal and compounding purposes.
[C35, §1921-g4; C39, §1921.126; C46, 50, 54, 58, 62, 66, 71, §124.31; C73, 75, 77, 79, 81, §123.141]
2011 Acts, ch 17, §14; 2016 Acts, ch 1073, §51; 2017 Acts, ch 29, §40; 2019 Acts, ch 160, §4; 2022 Acts, ch 1099, §67, 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 123.142 - Unlawful sale and importation.

123.142 Unlawful sale and importation.
1. It is unlawful for the holder of a retail alcohol license issued under this chapter to sell beer, except beer brewed on the premises covered by a special class “A” beer permit or beer purchased from a person holding a class “A” beer permit issued in accordance with this chapter, and on which the tax provided in section 123.136 has been paid. However, this section does not apply to class “D” retail alcohol licensees as provided in this chapter.
2. It shall be unlawful for any person not holding a class “A” beer permit to import beer into this state for the purpose of sale or resale.
[C35, §1921-f124; C39, §1921.127; C46, 50, 54, 58, 62, 66, 71, §124.32; C73, 75, 77, 79, 81, §123.142]
89 Acts, ch 221, §11; 2011 Acts, ch 17, §15; 2015 Acts, ch 53, §14; 2016 Acts, ch 1073, §52; 2017 Acts, ch 119, §36; 2022 Acts, ch 1099, §68, 88
2022 amendment to subsection 1 effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsection 1 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.143 - Distribution of funds.

123.143 Distribution of funds.
The revenues obtained from permit fees and the barrel tax collected under the provisions of this chapter shall be distributed as follows:
1. All permit fees collected by the division under this subchapter shall accrue to the beer and liquor control fund, except as otherwise provided. All taxes collected by the division under this subchapter shall accrue to the state general fund, except as otherwise provided.
2. Barrel tax revenues collected on beer manufactured in this state from a class “A” beer permittee which owns and operates a native brewery shall be credited to the barrel tax fund hereby created in the office of the treasurer of state. Moneys deposited in the barrel tax fund shall not revert to the general fund of the state without a specific appropriation by the general assembly. Moneys in the barrel tax fund are appropriated to the economic development authority for purposes of section 15E.117.
[C35, §1921-f125; C39, §1921.128; C46, 50, 54, 58, 62, 66, 71, §124.33; C73, 75, 77, 79, 81, §123.143]
83 Acts, ch 123, §60, 209; 84 Acts, ch 1312, §7; 85 Acts, ch 198, §2; 87 Acts, ch 95, §1; 2010 Acts, ch 1188, §29; 2011 Acts, ch 118, §85, 89; 2015 Acts, ch 30, §50; 2015 Acts, ch 53, §15; 2016 Acts, ch 1073, §53; 2017 Acts, ch 119, §37; 2019 Acts, ch 113, §47; 2022 Acts, ch 1099, §69, 70, 88
Referred to in §15E.117, 331.427
2022 amendments effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsection 1 stricken
Subsection 2 amended and renumbered as 1 and former subsection 3 renumbered as 2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.145 - Labels on bottles, barrels, etc.— conclusive evidence.

123.145 Labels on bottles, barrels, etc. — conclusive evidence.
The label on any bottle, keg, barrel, or other container in which beer is offered for sale in this state, representing the alcoholic content of such beer as being in excess of five percent by weight shall be conclusive evidence as to the alcoholic content of the beer contained therein.
[C35, §1921-f128; C39, §1921.133; C46, 50, 54, 58, 62, 66, 71, §124.38; C73, 75, 77, 79, 81, §123.145]
2013 Acts, ch 30, §24
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.150 - Sunday sales before New Year’s Day.

123.150 Sunday sales before New Year’s Day. Repealed by 2022 Acts, ch 1099, §87, 88.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §88
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.171 - Wine certificate, permit, or license required — exceptions for personal use.

123.171 Wine certificate, permit, or license required — exceptions for personal use.
1. A person shall not cause the manufacture, importation, or sale of wine in this state unless a certificate or permit as provided in this subchapter, or a retail alcohol license as provided in subchapter I of this chapter, is first obtained which authorizes that manufacture, importation, or sale.
2. Any person of legal age may manufacture wine for personal use without a class “A” wine permit, subject to the requirements of this subsection. Such wine may be consumed on the premises or removed from the premises where it was manufactured only if the wine is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.
3. Notwithstanding subsection 1, an individual of legal age may import into the state without a certificate, permit, or license an amount of wine not to exceed nine liters per calendar month that the individual personally obtained outside the state or, in the case of wine personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal consumption. Wine imported pursuant to this subsection shall be for personal consumption in a private home or other private accommodation and only if the wine is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.
85 Acts, ch 32, §62; 2015 Acts, ch 30, §51; 2016 Acts, ch 1008, §10; 2018 Acts, ch 1096, §5, 6; 2022 Acts, ch 1099, §71, 88
Referred to in §123.10
2022 amendment to subsection 1 effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsection 1 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.172 - Effect on liquor control licensees.

123.172 Effect on liquor control licensees. Repealed by 2022 Acts, ch 1099, §87, 88.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §88
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.173 - Wine permit — class “A” — authority.

123.173 Wine permit — class “A” — authority.
1. Except as provided in section 123.187, a permit exclusively for the manufacture and sale of wine shall be known as a class “A” wine permit.
2. A class “A” wine permit allows the holder to manufacture and sell, or sell at wholesale, in this state, wine. The holder of a class “A” wine permit may manufacture in this state wine having an alcoholic content greater than seventeen percent by weight or twenty-one and twenty-five hundredths percent of alcohol by volume for shipment outside this state. All class “A” premises shall be located within the state.
3. A class “A” wine permittee shall be required to deliver wine to a retail alcohol licensee, and a retail alcohol licensee shall be required to accept delivery of wine from a class “A” wine permittee, only at the licensed premises of the retail alcohol licensee. Except as specifically permitted by the division upon good cause shown, delivery or transfer of wine from an unlicensed premises to a licensed retail alcohol licensee’s premises, or from one licensed retail alcohol licensee’s premises to another licensed retail alcohol licensee’s premises, even if there is common ownership of all of the premises by one retail permittee, is prohibited.
85 Acts, ch 32, §64; 88 Acts, ch 1241, §22; 91 Acts, ch 203, §2, 3; 2003 Acts, ch 143, §7, 17; 2006 Acts, ch 1032, §2; 2010 Acts, ch 1031, §99; 2013 Acts, ch 35, §14; 2016 Acts, ch 1008, §11; 2018 Acts, ch 1060, §66; 2022 Acts, ch 1099, §72, 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 123.173B - Charity beer, spirits, and wine event permit.

123.173B Charity beer, spirits, and wine event permit. Repealed by 2022 Acts, ch 1099, §87, 88.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §88
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.174 - Issuance of wine permits.

123.174 Issuance of wine permits.
The administrator shall issue wine permits as provided in this chapter, and may suspend or revoke a wine permit for cause as provided in this chapter.
85 Acts, ch 32, §65; 2003 Acts, ch 143, §8, 17
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.177 - Authority under class “A” wine permit.

123.177 Authority under class “A” wine permit.
1. A person holding a class “A” wine permit may manufacture and sell, or sell at wholesale, wine for consumption off the premises. Sales within the state may be made only to persons holding a class “A” wine permit and to persons holding a retail alcohol license. However, if the person holding the class “A” permit is a manufacturer of native wine, the person may sell only native wine to a person holding a retail alcohol license. A person holding a class “A” wine permit may sell wine to distributors outside of the state that are authorized by the laws of that jurisdiction to sell wine at wholesale. A class “A” wine permittee having more than one place of business shall obtain a separate permit for each place of business where wine is to be manufactured, stored, warehoused, or sold.
2. A class “A” wine permit holder may purchase and resell only those brands of wine which are manufactured, fermented, bottled, shipped, or imported by a person holding a certificate of compliance issued pursuant to section 123.180.
85 Acts, ch 32, §68; 88 Acts, ch 1241, §25; 93 Acts, ch 91, §21; 2003 Acts, ch 143, §10, 17; 2017 Acts, ch 119, §14; 2018 Acts, ch 1060, §68; 2019 Acts, ch 113, §52; 2022 Acts, ch 1099, §79, 80, 88
Referred to in §123.176
2022 amendment to subsection 1 and repeal of subsection 3 effective January 1, 2023; 2022 Acts, ch 1099, §88
Subsection 1 amended
Subsection 3 stricken
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.178 - Authority under class “B” wine permit.

123.178 Authority under class “B” wine permit. Repealed by 2022 Acts, ch 1099, §5, 6.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.178A - Authority under class “B” native wine permit.

123.178A Authority under class “B” native wine permit. Repealed by 2022 Acts, ch 1099, §5, 6.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.178B - Authority under class “C” native wine permit.

123.178B Authority under class “C” native wine permit. Repealed by 2022 Acts, ch 1099, §5, 6.
2022 repeal effective January 1, 2023; 2022 Acts, ch 1099, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.179 - Wine permit and license fees.

123.179 Wine permit and license fees.
1. The annual permit fee for a class “A” wine permit that is not issued to a native wine manufacturer is seven hundred fifty dollars.
2. The annual permit fee for a class “A” wine permit issued to a native wine manufacturer is one hundred dollars.
3. The fee for a charity beer, spirits, and wine special event license is one hundred dollars.
85 Acts, ch 32, §70; 2003 Acts, ch 143, §13, 17; 2010 Acts, ch 1031, §86; 2013 Acts, ch 51, §2; 2019 Acts, ch 113, §53, 54; 2020 Acts, ch 1114, §3; 2022 Acts, ch 1099, §13, 15
[ ()]2022 strike and rewrite effective January 1, 2023; 2022 Acts, ch 1099, §15
Section stricken and rewritten
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.181 - Prohibited credit sales.

123.181 Prohibited credit sales.
A class “A” wine permittee shall not sell wine on credit to a retail alcohol licensee for a period exceeding thirty days from date of delivery.
85 Acts, ch 32, §72; 89 Acts, ch 252, §5; 2018 Acts, ch 1060, §69; 2022 Acts, ch 1099, §82, 83, 88
2022 amendments effective January 1, 2023; 2022 Acts, ch 1099, §88
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.182 - Labels — point of origin — conclusive evidence.

123.182 Labels — point of origin — conclusive evidence.
1. All imported bulk wines to be bottled and distributed in the state shall have the point of origin stated on the label. The print size for the point of origin shall be at least half the print size of the brand name on the label.
2. The label on a bottle or other container in which wine is offered for sale in this state, which label represents the alcoholic content of the wine as being in excess of seventeen percent by weight or twenty-one and twenty-five hundredths percent of alcohol by volume, is conclusive evidence of the alcoholic content of that wine.
85 Acts, ch 32, §73; 2006 Acts, ch 1032, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.183 - Wine gallonage tax and related funds.

123.183 Wine gallonage tax and related funds.
1. In addition to the annual permit fee to be paid by each class “A” wine permittee, a wine gallonage tax shall be levied and collected from each class “A” wine permittee on all wine manufactured for sale and sold in this state at wholesale and on all wine imported into this state for sale at wholesale and sold in this state at wholesale. A wine gallonage tax shall also be levied and collected on the direct shipment of wine pursuant to section 123.187. The rate of the wine gallonage tax is one dollar and seventy-five cents for each wine gallon. The same rate shall apply for the fractional parts of a wine gallon. The wine gallonage tax shall not be levied or collected on wine sold by one class “A” wine permittee to another class “A” wine permittee or on wine that is sold by a class “A” wine permittee to a distributor outside of the state.
2. a. Revenue collected from the wine gallonage tax on wine manufactured for sale and sold at wholesale in this state, and on wine subject to direct shipment as provided in section 123.187 by a wine manufacturer licensed or permitted pursuant to laws regulating alcoholic beverages in this state, shall be deposited in the wine gallonage tax fund as created in this section.
b. (1) A wine gallonage tax fund is created in the office of the treasurer of state.
(2) Moneys deposited in the fund are appropriated as follows:
(a) To the midwest grape and wine industry institute at Iowa state university of science and technology, two hundred fifty thousand dollars.
(b) To the economic development authority for purposes of section 15E.117, the balance of moneys in the fund after the appropriation in subparagraph division (a).
(3) Moneys in the fund and moneys appropriated from the fund pursuant to subparagraph (2) are not subject to reversion under section 8.33.
3. The revenue collected from the wine gallonage tax on wine imported into this state for sale at wholesale and sold in this state at wholesale, and on wine subject to direct shipment as provided in section 123.187 by a wine manufacturer licensed or permitted pursuant to laws regulating alcoholic beverages in another state, shall be deposited in the beer and liquor control fund created in section 123.17.
85 Acts, ch 32, §74; 85 Acts, ch 198, §4, 5; 86 Acts, ch 1246, §753; 87 Acts, ch 95, §2; 2001 Acts, ch 162, §1; 2002 Acts, ch 1050, §15; 2003 Acts, ch 143, §14, 17; 2005 Acts, ch 113, §1; 2007 Acts, ch 211, §41; 2010 Acts, ch 1193, §164; 2011 Acts, ch 118, §85, 89; 2011 Acts, ch 130, §29, 71; 2012 Acts, ch 1136, §26; 2017 Acts, ch 119, §17; 2019 Acts, ch 113, §57
Referred to in §15E.117, 123.31A, 123.35, 123.184, 123.187
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.184 - Report of gallonage sales — penalty.

123.184 Report of gallonage sales — penalty.
1. Each class “A” wine permit holder on or before the tenth day of each calendar month commencing on the tenth day of the calendar month following the month in which the person is issued a permit, shall make a report under oath to the division electronically, or in a manner prescribed by the administrator, showing the exact number of gallons of wine and fractional parts of gallons sold by that permit holder during the preceding calendar month. The report also shall state whatever reasonable additional information the administrator requires. The permit holder at the time of filing this report shall pay to the division the amount of tax due at the rate fixed in section 123.183. A penalty of ten percent of the amount of the tax shall be assessed and collected if the report required to be filed pursuant to this subsection is not filed and the tax paid within the time required by this subsection.
2. Each wine direct shipper license holder shall make a report under oath to the division electronically, or in a manner prescribed by the administrator, on or before the tenth day of the calendar months of June and December, showing the exact number of gallons of wine and fractional parts of gallons sold and shipped pursuant to section 123.187 during the preceding six-month calendar period. The report shall also state whatever reasonable additional information the administrator requires. The license holder at the time of filing this report shall pay to the division the amount of tax due at the rate fixed in section 123.183. A penalty of ten percent of this amount shall be assessed and collected if the report required to be filed pursuant to this subsection is not filed and the tax paid within the time required by this subsection.
85 Acts, ch 32, §75; 2013 Acts, ch 35, §18; 2015 Acts, ch 104, §1
Referred to in §123.187
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.186 - Federal regulations adopted as rules — penalties.

123.186 Federal regulations adopted as rules — penalties.
1. The division shall adopt as rules the substance of the federal regulations
27 C.F.R. pt. 6
,
27 C.F.R. pt. 8
,
27 C.F.R. pt. 10
, and
27 C.F.R. pt. 11
.
2. The division shall adopt as rules the substance of
27 C.F.R. §6.88
, to permit a manufacturer of alcoholic beverages, wine, or beer, or an agent of such manufacturer, to provide to a retailer without charge wine and beer coil cleaning services, including carbon dioxide filters and other necessary accessories to properly clean the coil and affix carbon dioxide filters. The rules shall provide that the manufacturer shall be responsible for paying the costs of any filters provided.
3. A licensee or permittee who permits or assents to or is a party in any way to a violation or infringement of a rule adopted pursuant to this section is guilty of a violation of this section. A violation of this section shall subject the licensee or permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the license or permit pursuant to section 123.39.
85 Acts, ch 32, §77; 2006 Acts, ch 1061, §1; 2007 Acts, ch 22, §36; 2018 Acts, ch 1060, §70; 2019 Acts, ch 113, §58
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123 - ALCOHOLIC BEVERAGE CONTROL › Section 123.188 - Wine carrier — permit and requirements.

123.188 Wine carrier — permit and requirements.
1. A person desiring to deliver wine subject to direct shipment within this state pursuant to section 123.187 shall submit an application for a wine carrier permit electronically, or in a manner prescribed by the administrator, which shall be accompanied by a fee in the amount of one hundred dollars.
2. The administrator may in accordance with this chapter issue a wine carrier 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.
3. A permit issued pursuant to this section may be renewed annually by submitting a renewal application with the administrator in a manner prescribed by the administrator, accompanied by the one hundred dollar permit fee.
4. The delivery of wine pursuant to this section shall be subject to the following requirements and restrictions:
a. A wine carrier permittee shall not deliver wine to any person under twenty-one years of age, or to any person who either is or appears to be in an intoxicated state or condition.
b. A wine carrier permittee shall obtain valid proof of identity and age prior to delivery, and shall obtain the signature of an adult as a condition of delivery.
c. A wine carrier permittee shall maintain records of wine shipped which include the permit number and name of the wine manufacturer, quantity of wine shipped, recipient’s name and address, and an electronic or paper form of signature from the recipient of the wine. Records shall be submitted to the division on a monthly basis in a form and manner to be determined by the division.
5. A violation of this section shall subject the permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the permit pursuant to section 123.39.
2019 Acts, ch 113, §61; 2020 Acts, ch 1063, §57
Referred to in §123.32, 123.187
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.1 - Purposes and scope.

123A.1 Purposes and scope.
This chapter is enacted pursuant to the authority of the state under the provisions of the twenty-first amendment to the Constitution of the United States to promote the public’s interest in fair, efficient, and competitive distribution of beer products through regulation and encouragement of brewer and wholesaler vendors to conduct their business relations toward these ends by:
1. Assuring that the beer wholesaler is free to manage its business enterprise.
2. Assuring the brewer and the public of service from wholesalers who will devote reasonable efforts and resources to distribution and sales of all of the brewer’s products which the wholesaler has been granted the right to sell and distribute and maintain satisfactory sales levels.
3. Promoting and maintaining a sound, stable, and viable three-tier system of distribution of beer to the public.
95 Acts, ch 101, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.4 - Cancellation.

123A.4 Cancellation.
A brewer or a wholesaler shall not cancel, fail to renew, or otherwise terminate an agreement unless the party intending that action has good cause for the cancellation, failure to renew, or termination, has made good faith efforts to resolve disagreements, and, in any case in which prior notification is required under section 123A.3, the party intending to act has furnished the prior notification and the other party has not eliminated the reasons specified in the notification for cancellation, failure to renew, or termination, within the periods provided in section 123A.3, subsection 4, paragraph “d”.
95 Acts, ch 101, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.6 - Transfer of business assets or stock.

123A.6 Transfer of business assets or stock.
1. A brewer shall not unreasonably withhold or delay its approval of any assignment, sale, or transfer of the stock or other indicia of ownership of a wholesaler or all or any portion of a wholesaler’s assets, wholesaler’s voting stock, the voting stock of any parent corporation, or the beneficial ownership or control of any other entity owning or controlling the wholesaler, including the wholesaler’s rights and obligations under the terms of an agreement when the person to be substituted meets reasonable standards. Upon the death of one of the partners of a partnership operating the business of a wholesaler, a brewer shall not deny the surviving partner of the partnership the right to become a successor-in-interest to the agreement between the brewer and the partnership, if the survivor has been active in the management of the partnership and is otherwise capable of carrying on the business of the partnership.
2. Notwithstanding subsection 1, upon the death of a wholesaler, a brewer shall not deny approval for any transfer of ownership or management to a designated member, including the rights under the agreement with the brewer. The transfer or assignment shall not be effective until written notice is given to the brewer, but the brewer’s consent to the transfer or assignment shall not be required.
95 Acts, ch 101, §6
Referred to in §123A.3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.7 - Reasonable compensation.

123A.7 Reasonable compensation.
1. A brewer who cancels, fails to renew, or terminates any agreement, or unlawfully denies approval of, or unreasonably withholds consent to any assignment, transfer, or sale of a wholesaler’s business assets or voting stock or other equity securities, except as provided in this chapter, shall pay the wholesaler with which the brewer has an agreement pursuant to this chapter, reasonable compensation for the fair market value of the wholesaler’s business with relation to the affected brand of beer. The fair market value of the wholesaler’s business shall include, but not be limited to, its goodwill, if any.
2. If a brewer and a wholesaler are unable to mutually agree on the reasonable compensation to be paid for the value of the wholesaler’s business, either party may maintain a civil action as provided in section 123A.9, or the matter may, by mutual agreement of the parties, be submitted to a three-member arbitration panel consisting of one representative selected by the brewer but unassociated with the brewer; one representative selected by the wholesaler but unassociated with the wholesaler; and an impartial arbitrator selected by the other two members from a list provided by the American arbitration association, and the claim settled in accordance with the rules provided by the American arbitration association. Arbitration costs shall be paid one-half by the wholesaler and one-half by the brewer. Arbitration shall be conducted in accordance with the commercial arbitration rules of the American arbitration association and the laws of this state, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The award of the arbitrator shall be final and binding on the parties.
95 Acts, ch 101, §7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.8 - Right of free association.

123A.8 Right of free association.
A brewer or wholesaler shall not restrict or inhibit, directly or indirectly, the right of free association among brewers or wholesalers for any lawful purpose.
95 Acts, ch 101, §8