Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.19 - Execution and Levy on Alcoholic Liquor, Wine, and Beer

Current through Register Vol. 47, No. 3, July 24, 2024
Judgments or orders requiring the payment of money or the
				delivery of the possession of property may be enforced against retail alcohol
				licensees, beer permittees, and wine permittees by execution pursuant to the
				provisions of Iowa Code chapter 626.
(1) A secured party as defined in Iowa Code
			 section 554.9102(1)
"by"
may take possession of and dispose of a retail alcohol
			 licensee's or permittee's alcoholic liquor, wine, and beer in which the secured
			 party has a security interest in such collateral pursuant to the provisions of
			 Iowa Code chapter 554. The secured party may operate under the retail alcohol
			 license or permit of its debtor as defined in Iowa Code section
			 554.9102(1)
"ad"
for the purpose of disposing of the alcoholic liquor,
			 wine, and beer. However, if the debtor is a class "E" retail alcohol licensee,
			 the secured party may not purchase alcoholic liquor from the division to
			 continue to operate its debtor's business. A secured party operating under the
			 retail alcohol license or permit of its debtor shall dispose of the alcoholic
			 liquor, wine, and beer by sale only to persons authorized under Iowa Code
			 chapter 123 to purchase alcoholic liquor, wine, and beer from the debtor. When
			 a secured party takes possession of a retail alcohol licensee's or permittee's
			 alcoholic liquor, wine, and beer, the secured party shall notify the division
			 in writing of such action. A secured party shall further inform the division of
			 the manner in which it intends to dispose of the alcoholic liquor, wine, and
			 beer and shall state the reasonable length of time in which it intends to
			 operate under the retail alcohol license or permit of its debtor. The secured
			 party shall notify the division in writing when the disposition of its
			 collateral has been completed, and the secured party shall cease operating
			 under the retail alcohol license or permit of its debtor.
(2) A sheriff or other officer acting
			 pursuant to Iowa Code chapter 626 may take possession of a retail alcohol
			 licensee's or permittee's alcoholic liquor, wine, and beer and may dispose of
			 such inventory according to the provisions of Iowa Code chapter 626; however,
			 the sheriff or other officer must sell the alcoholic liquor, wine and beer only
			 to those persons authorized by Iowa Code chapter 123 to purchase alcoholic
			 liquor, wine, and beer from the retail alcohol licensee or permittee whose
			 inventory is subject to the execution and levy. The sheriff or other officer
			 shall notify the division in writing at the time the sheriff or officer takes
			 possession of a retail alcohol licensee's or permittee's alcoholic liquor,
			 wine, and beer and shall further notify the division of the time and place of
			 the sale of such property.
This rule is intended to implement Iowa Code sections
				123.4,
				123.10, and
				123.38.