reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the alcoholic beverages division
				must schedule a brief and informal meeting between the original petitioner, all
				intervenors, and the division, a member of the division, or a member of the
				staff of the division, to discuss the questions raised. The division may
				solicit comments from any person on the questions raised. Also, comments on the
				questions raised may be submitted to the division by any
				person.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Agency action.
Within the time allowed by Iowa Code section
			 17A.9(5)
			  after receipt of a petition for a
			 declaratory order, the administrator or designee shall take action on the
			 petition as required by Iowa Code section
			 17A.9(5).
(2)
Issuance of order.
The
			 date of issuance of an order or of a refusal to issue an order is as defined in
			 contested case rule
			 185-10.2
			 (17A).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Refusal to issue order.
The division shall not issue a
			 declaratory order where prohibited by Iowa Code section
			 17A.9(1)
"a"
and
"b"
and may refuse to issue a declaratory order on some or all questions raised for
			 the following reasons:
1. The petition does
			 not substantially comply with the required form.
2. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the division to issue an order
3. The division does not have jurisdiction
			 over the questions presented in the petition.
4. The questions presented by the petition
			 are also presented in a current rule making, contested case, or other agency or
			 judicial proceeding, that may definitively resolve them.
5. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge an agency decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner
10. The petitioner
			 requests the division to determine whether a statute is unconstitutional on its
			 face.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order shall
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 3 - Declaratory Orders › Rule 185-3.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				division, the petitioner, and any intervenors who consent to be bound and is
				applicable only in circumstances where the relevant facts and the law involved
				are indistinguishable from those on which the order was based. As to all other
				persons, a declaratory order serves only as precedent and is not binding on the
				division. The issuance of a declaratory order constitutes final agency action
				on the petition.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Act"
means the alcoholic beverage control
				Act.
"Administrator"
means the chief administrative
				officer of the alcoholic beverages division or a designee.
"Beverages"
as used in Iowa Code section
				123.3(21)  does
				not include any alcoholic beverage as defined in Iowa Code section
				123.3(4).
"Division"
means the alcoholic beverages
				division of the department of commerce.
This rule is intended to implement Iowa Code sections
				123.3 and
				123.4.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.3 - Local Ordinances Permitted

Current through Register Vol. 47, No. 3, July 24, 2024
The foregoing rules shall in no way be construed as to prevent
				any county, city or town from adopting ordinances or regulations, which are
				more restrictive, governing licensed establishments within their
				jurisdiction.
This rule is intended to implement Iowa Code section
				123.39.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.4 - Licensed Premises

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria must be met before a "place" (as used in
				Iowa Code section 123.3(29)) may
				be licensed as a "place susceptible of precise description satisfactory to the
				administrator."
(1) The "place" must
			 be owned by or under the control of the prospective licensee or
			 permittee.
(2) The "place" must be
			 solely within the jurisdiction of one local approving authority.
(3) The "place" must be described by a sketch
			 of the "premises" as defined in Iowa Code section
			 123.3(29)  and
			 showing the boundaries of the proposed "place"; showing the locations of
			 selling/serving areas within the confines of the "place"; showing all entrances
			 and exits; and indicating the measurements of the "place" and distances between
			 selling/serving areas.
(4) The
			 "place" must satisfy the health, safety, fire and seating requirements of the
			 division, local authorities and the Iowa department of inspections and
			 appeals.
(5) Any other criteria as
			 required by the administrator.
This rule is intended to implement Iowa Code sections
				123.3(29)  and
				123.4.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.5 - Mixed Drinks or Cocktails Not for Immediate Consumption

Current through Register Vol. 47, No. 3, July 24, 2024
A class "C," class "D," or class "F" retail alcohol licensee may mix, store,
										and allow the consumption of mixed drinks or cocktails which are not for immediate consumption for up to 72
										hours, subject to the requirements and restrictions provided in Iowa Code section
										123.49(2)
"d"
and this rule.
(1)
Definitions.
"Immediate consumption,"
for the purposes of this rule, means
										the compounding and fulfillment of a mixed drink or cocktail order upon receipt of the order for the mixed
										drink or cocktail.
"Mixed drink or cocktail,"
for the purposes of this rule,
										means an alcoholic beverage as defined in Iowa Code section 123.3(32).
(2)
Location.
Mixed drinks or cocktails which are not for
								 immediate consumption shall be mixed, stored, and consumed on the retail alcohol licensed premises.
(3)
Quantity.
A mixed drink or cocktail which is not for
								 immediate consumption shall be mixed and stored in, and dispensed from, a labeled container in a quantity not
								 to exceed three gallons.
(4)
Container.
A mixed
								 drink or cocktail which is not for immediate consumption shall at all times be in a container compliant with
								 applicable state and federal food safety statutes and regulations.
a. The
								 mixed drink or cocktail shall be mixed and remain stored in the same container.
b. The mixed drink or cocktail shall be removed from the stored container
								 for one of the following dispensing purposes:
(1) To compound and fulfill a
								 mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail.
(2) For transfer into a pourable container. The pourable container shall
								 have affixed a label compliant with subrule 4.5(5) displaying label information identical to that on the
								 container from which the contents were poured. The expiration date and time shall not be extended by the
								 transfer of product to a pourable container.
c. The
								 mixed drink or cocktail may be strained into another container when each of the following conditions is met:
(1) The mixed drink or cocktail is returned without delay to the labeled
								 container from which it was strained.
(2) The container and
								 process are compliant with applicable state and federal food safety statutes and
								 regulations.
d. An original package of alcoholic liquor
								 as purchased from the division or an original package of wine shall not be used to mix, store, or dispense a
								 mixed drink or cocktail, pursuant to Iowa Code section 123.49(2)
"d"
and
"e."
e. The mixed drink or cocktail shall not be
								 mixed, stored, or dispensed from a container bearing an alcoholic beverage name brand.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.6 - Filling and Selling of Beer in a Container Other Than the Original Container

Current through Register Vol. 47, No. 3, July 24, 2024
Class "B," class "C," special class "C," and class "E" retail alcohol
										licensees and the licensee's employees may fill, refill, and sell beer in a container other than the original
										container, otherwise known as a growler, subject to the requirements and restrictions provided in Iowa Code
										section 123.31A and this rule.
(1)
Definitions.
"Beer,"
for the purposes of this rule, means "beer" as
										defined in Iowa Code section 123.3(7)  and "high alcoholic content beer" as defined in Iowa Code section
										123.3(22).
"Growler,"
for the purposes of this rule, means any fillable
										and sealable glass, ceramic, plastic, aluminum, or stainless steel container designed to hold beer or high
										alcoholic content beer.
"Original container,"
for the purposes of this rule, means a
										vessel containing beer that has been lawfully obtained and has been securely capped, sealed, or corked at the
										location of manufacture. For special class "A" beer permit holders, an "original container" includes a tank
										used for storing and serving beer.
(2)
Filling and
								 refilling requirements.
a. A growler shall have the capacity to
								 hold no more than 72 ounces.
b. A growler shall be filled or
								 refilled only by the licensee or permittee or the licensee's or permittee's employees who are 18 years of age
								 or older.
c. A growler shall be filled or refilled only on demand
								 by a consumer at the time of the sale.
d. A growler shall be
								 filled or refilled only with beer from the original container procured from a class "A" beer permittee unless
								 the beer being used to fill or refill a growler on the premises of a special class "A" beer permit holder was
								 manufactured by that special class "A" beer permit holder on the permitted premises.
e. A retailer may exchange a growler to be filled or refilled.
f. The filling or refilling of a growler shall at all times be conducted in
								 compliance with applicable state and federal food safety statutes and regulations.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.7 - Improper Conduct

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Illegality on premises.
No retail alcohol licensee, or the licensee's agent or employee, shall engage
			 in any illegal occupation or illegal act on the licensed premises.
(2)
Cooperation with law enforcement
			 officers.
No retail alcohol licensee, or the licensee's agent or
			 employee, shall refuse, fail or neglect to cooperate with any law enforcement
			 officer in the performance of such officer's duties to enforce the provisions
			 of the Act.
(3)
Illegal
			 activities.
No retail alcohol licensee, or the licensee's agent or
			 employee, shall knowingly allow in or upon the licensed premises any conduct as
			 defined in Iowa Code sections
			 725.1,
			 725.2,
			 725.3,
			 728.2,
			 728.3 and
			 728.5.
(4)
Frequenting premises.
No
			 retail alcohol licensee, or the licensee's agent or employee, shall knowingly
			 permit the licensed premises to be frequented by or become the meeting place,
			 hangout or rendezvous for known pimps, panhandlers or prostitutes, or those who
			 are known to engage in the use, sale or distribution of narcotics, or in any
			 other illegal occupation or business.
(5)
Open containers of alcoholic
			 beverages.
No retail alcohol licensee, or the licensee's agent or
			 employee, shall allow any filled, partially filled, or empty liquor glasses or
			 liquor bottles to be taken off the licensed premises, excluding mixed drinks or
			 cocktails pursuant to Iowa Code section
			 123.49(2)
"d"
(3). A class "E" retail alcohol licensee, or the licensee's
			 agent or employee, shall not permit other licensees or consumers to remove
			 partially filled, empty, open or unsealed containers of alcoholic liquor from
			 the class "E" retail alcohol licensed premises.
(6)
Identifying markers.
A
			 licensee shall not keep on the licensed premises nor use for resale alcoholic
			 liquor which does not bear identifying markers as prescribed by the
			 administrator of the division. Identifying markers shall demonstrate that the
			 alcoholic liquor was lawfully purchased from the division.
This rule is intended to implement Iowa Code section
				123.49(2).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.8 - Violation by Agent, Servant or Employee

Current through Register Vol. 47, No. 3, July 24, 2024
Any violation of the Act or the rules of the division by any
				employee, agent or servant of a licensee shall be deemed to be the act of the
				licensee and shall subject the license of said licensee to suspension or
				revocation.
This rule is intended to implement Iowa Code sections
				123.4 and
				123.49(2).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.9 - Gambling Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
The intentional possession or willful keeping of any gambling
				device as defined in Iowa Code section
				725.9 upon the premises of any
				establishment licensed by the division shall be prima facie evidence of a
				violation of Iowa Code section
				123.49(2)
"a"
and subject the license of said licensee to suspension or
				revocation.
This rule is intended to implement Iowa Code sections
				123.4 and
				123.49.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.10 - Filling and Selling of Mixed Drinks or Cocktails in a Container Other Than the Original Container

Current through Register Vol. 47, No. 3, July 24, 2024
Class "C" and class "C" native distilled spirits liquor control
				licensees and the licensee's employees may fill and sell mixed drinks or
				cocktails in a container other than the original container subject to the
				requirements and restrictions provided in 2020 Iowa Acts, House File 2540,
				sections 10, 11, 12, and 13, and this rule.
(1)
Definitions.
"Alcoholic liquor,"
for the purposes of this
				rule, means "alcoholic liquor" as defined in Iowa Code section
				123.3(5).
"Mixed drink or cocktail,"
for the purposes of
				this rule, means "mixed drink or cocktail" as defined in Iowa Code section
				123.3(32).
"Native distilled spirits,"
for the purposes
				of this rule, means "native distilled spirits" as defined in Iowa Code section
				123.3(34).
"Original container,"
for the purposes of this
				rule, means a vessel containing alcoholic liquor or native distilled spirits
				that has been lawfully obtained and has been securely capped, sealed, or corked
				at the location of manufacture.
"Sealed container,"
for the purposes of this
				rule, means a vessel containing a mixed drink or cocktail that is designed to
				prevent consumption without removal of the tamper-evident lid, cap, or seal.
				"Sealed container" does not include a container with a lid with sipping holes
				or openings for straws, a cup made of plastic that is intended for one-time
				use, or a cup made of paper or polystyrene foam.
"Tamper-evident,"
for the purposes of this
				rule, means a lid, cap, or seal that visibly demonstrates when a container has
				been opened.
(2)
Filling requirements.
a. A
			 sealed container shall be filled and sold only by the licensee or the
			 licensee's employees who are 18 years of age or older.
b. A sealed container shall be filled only
			 upon receipt of an order by a consumer of legal age.
c. A sealed container shall be filled only
			 with mixed drinks or cocktails composed in whole or in part with alcoholic
			 liquor or native distilled spirits from an original container purchased from a
			 class
"E"
liquor licensee.
d. The filling of a sealed container shall at
			 all times be conducted in compliance with applicable state and federal food
			 safety statutes and regulations.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.11 - Filling and Selling of Wine and Native Wine in a Container Other Than the Original Container

Current through Register Vol. 47, No. 3, July 24, 2024
Class "B," class "C," special class "C," and class "E" retail
				alcohol licensees; special class "B" and special class "C" retail native wine
				licensees; and the licensee's employees may fill, refill, and sell wine or
				native wine in a container other than the original container, otherwise known
				as a growler, subject to the requirements and restrictions provided in Iowa
				Code sections 123.30, 123.31A, and
				123.31B and in this rule.
(1)
Definitions.
"Growler,"
for the purposes of this rule,
				means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless
				steel container designed to hold wine or native wine.
"Native wine,"
for the purposes of this rule,
				means the same as defined in Iowa Code section
				123.3(36).
"Original container,"
for the purposes of this
				rule, means a vessel containing wine or native wine that has been lawfully
				obtained and has been securely capped, sealed, or corked at the location of
				manufacture.
"Wine,"
for the purposes of this rule, means
				the same as defined in Iowa Code section
				123.3(53).
(2)
Filling and refilling
			 requirements.
a. A growler shall
			 have the capacity to hold no more than 72 ounces.
b. A growler shall be filled or refilled only
			 by the licensee or the licensee's employees who are 18 years of age or
			 older.
c. A growler shall be filled
			 or refilled only on demand by a consumer at the time of the sale.
d. A growler shall be filled or refilled only
			 with wine or native wine from the original container procured from a class "A"
			 wine permittee.
e. Special class
			 "B" and special class "C" retail native wine licensees shall fill a growler
			 with only native wine.
f. A
			 retailer may exchange a growler to be filled or refilled.
g. The filling or refilling of a growler
			 shall at all times be conducted in compliance with applicable state and federal
			 food safety statutes and regulations.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.12 - Display of License, Permit, or Signs

Current through Register Vol. 47, No. 3, July 24, 2024
All licenses, permits or signs issued by the division shall be
				prominently displayed in full view on the licensed premises.
This rule is intended to implement Iowa Code sections
				123.4
				and
				123.30.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.13 - Outdoor Service

Current through Register Vol. 47, No. 3, July 24, 2024
Any licensee having an outdoor, contiguous, discernible area on
				the same property on which their licensed establishment is located may serve
				the type of alcoholic beverage permitted by the license in the outdoor area.
				After a licensee satisfies the requirements of this rule, the licensee may
				serve and sell alcoholic beverages in both the licensee's indoor licensed
				establishment and in the licensee's outdoor area at the same time because an
				outdoor area is merely an extension of the licensee's licensed premises and is
				not a transfer of their license. A licensee, prior to serving in the outdoor
				area, must file with the division:
1.
			 A new diagram showing the discernible outdoor area.
2. Local authority approval of the outdoor
			 area.
3. Insurance company
			 acknowledgment that the outdoor area is covered by the dramshop insurance
			 policy.
This rule is intended to implement Iowa Code sections
				123.3(29),
				123.4 and
				123.38.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.14 - Revocation or Suspension by Local Authority

Current through Register Vol. 47, No. 3, July 24, 2024
When the local authority revokes or suspends a retail alcohol
				license, the local authority shall notify the division in written form stating
				the reasons for the revocation or suspension and in the case of a suspension,
				the length of time of the suspension.
This rule is intended to implement Iowa Code sections
				123.4,
				123.32, and
				123.39.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.15 - Suspension of Retail Alcohol License, Wine Permit, or Beer Permit

Current through Register Vol. 47, No. 3, July 24, 2024
At the time of the suspension of any retail alcohol license,
				wine permit, or beer permit by the division, there shall be placed, in a
				conspicuous place in the front door or window of the licensed establishment, a
				placard furnished by the division showing that the license or permit of that
				establishment has been suspended by the division and such placard shall also
				show the number of days and reason for the suspension. No licensee or permittee
				shall remove, alter, obscure or destroy said placard without the express
				written approval of the division.
This rule is intended to implement Iowa Code sections
				123.4 and
				123.39.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.17 - Prohibited Storage of Alcoholic Beverages

Current through Register Vol. 47, No. 3, July 24, 2024
No licensee shall permit alcoholic beverages, purchased under
				authority of a retail alcohol license, to be kept or stored upon any premises
				other than those licensed. However, under special circumstances, the
				administrator may authorize the storage of alcoholic beverages on premises
				other than those covered by the license. The administrator may allow class "D"
				retail alcohol licensees to store alcoholic liquor and wine in a bonded
				warehouse to be used for consumption in Iowa, under the authority of a class
				"D" retail alcohol license.
This rule is intended to implement Iowa Code sections
				123.4 and
				123.10(11).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.18 - Transfer of License or Permit to Another Location

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee or permittee cannot transfer to anyone else the
				right to use the retail alcohol license, wine permit, or beer permit of the
				licensee or permittee; the right of transfer is merely an opportunity for a
				licensee or permittee to use the licensee's or permittee's retail alcohol
				license, wine permit, or beer permit at a different location. A retail alcohol
				license, wine permit, or a beer permit may only be transferred within the
				boundaries of the local authority which approved the license or permit.
(1)
Permanent transfers.
A
			 person may apply for a permanent transfer. The application must be approved by
			 the local authority and the division prior to the transfer. The insurance
			 company holding the dramshop policy listing the new address must endorse the
			 application prior to the transfer. When the above requirements are met, the
			 division shall issue an amended license or permit showing the new permanent
			 address.
(2)
Temporary
			 transfers.
If the transfer of a retail alcohol license or permit is
			 for the purpose of accommodating a special event or circumstance temporary in
			 nature, the minimum time of transfer is hereby set at 24 hours and transfer
			 time shall not exceed seven days. A person may apply for a temporary transfer.
			 The application must be approved by the local authority and the division. The
			 insurance company holding the dramshop policy must endorse the application
			 prior to the transfer.
This rule is intended to implement Iowa Code sections
				123.4 and
				123.38.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.20 - Class "e" Retail Alcohol Licensee Methods of Payment Accepted

Current through Register Vol. 47, No. 3, July 24, 2024
The division may accept personal or business checks from a
				class "E" retail alcohol licensee made payable to the division for the amount
				of the purchase which has been certified by the bank on which the check is
				drawn. Bank drafts, signed by the licensee, will be accepted.
(1) A retail alcohol licensed establishment
			 which tenders the division one insufficient funds bank draft for the purchase
			 of alcoholic liquor will lose its bank draft privilege for 90 days from the
			 date the establishment pays the division even though the division does not
			 suspend the liquor license because the establishment paid the division within
			 the 10-day demand period. A retail alcohol licensed establishment which tenders
			 the division more than one insufficient funds bank draft for the purchase of
			 alcoholic liquor will lose its bank draft privilege for 180 days from the date
			 the establishment pays the division even though the division does not suspend
			 the liquor license because the establishment paid the division within the
			 10-day demand period.
During the period that a licensee may not tender bank drafts to
				the division in payment for alcoholic liquor, the division may accept from the
				licensee a money order payable to the division for the amount of the purchase,
				a bank cashier's check signed by a bank official and made payable to the
				division for the amount of the purchase, or the licensee's personal or business
				check made payable to the division for the amount of the purchase which has
				been certified by the bank on which the check is drawn.
(2) The division may collect from the
			 licensee a $10 fee for each dishonored bank draft tendered to the division by a
			 licensee for the purchase of alcoholic beverages.
(3) The division may require, at the
			 discretion of the administrator, that a licensee submit a letter of credit in a
			 reasonable amount to be determined by the administrator for future purchases of
			 alcoholic liquor from the division, when a licensee tenders to the division a
			 bank draft which is subsequently dishonored by the bank if the licensee fails
			 to satisfy the obligation within ten days after service of notice of nonpayment
			 and penalty.
This rule is intended to implement Iowa Code sections
				123.4 and
				123.24.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.23 - Liquor on Unlicensed Places

Current through Register Vol. 47, No. 3, July 24, 2024
Liquor may be kept and consumed but not sold on unlicensed
				places under the following conditions:
(1) Liquor may be kept and consumed in a
			 private home at any time.
(2)
			 Liquor may be kept and consumed, by the guests or residents, in the residential
			 or sleeping quarters of a hotel or motel at any time. This is considered as an
			 extension of the private home.
(3)
			 Liquor may be consumed at a private social gathering in a private place at any
			 time.
(4) A private place is a
			 location which meets all of the following criteria:
a. One to which the general public does not
			 have access at the time the liquor is kept, dispensed or consumed; one at which
			 the attendees are limited to the bona fide social hosts and invited
			 guests.
b. One which is not of a
			 commercial nature at the time the liquor is consumed or dispensed at the
			 location.
c. One where goods or
			 services are neither sold nor purchased at the time the liquor is consumed or
			 dispensed at the location.
d. One
			 where the use of the location was obtained without charges or rent or any other
			 thing of value was exchanged for its use.
e. One which is not a licensed
			 premises.
f. One where no admission
			 fees or other kinds of entrance fees, fare, ticket, donation or charges are
			 made or are required of the invited guests to enter the location.
This rule is intended to implement Iowa Code section
				123.95.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.25 - Age Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Persons 21 years of age or older may hold a retail alcohol
				license, wine permit, or beer permit. Persons 16 years of age and older may
				sell alcoholic beverages in off-premises establishments.
This rule is intended to implement Iowa Code sections
				123.30 and
				123.49.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.26 - Timely Filed Status

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In addition to the requirements which may
			 be imposed by a local authority upon the holder of a retail alcohol license to
			 obtain timely filed status of a renewal application, the division may grant
			 timely filed status if the applicant complies with the following conditions:
a. The applicant submits a completed
			 application with the local authority or the division as required by applicable
			 law.
b. A current dramshop
			 liability certificate has been endorsed by the insurance company if proof of
			 dramshop liability is required as a condition precedent to the issuance of the
			 license.
c. The applicant pays the
			 appropriate license fee in full to the local authority or the division as
			 required by applicable law.
d. A
			 bond has been certified by the carrier if a bond is required as a condition
			 precedent to the issuance of the license under applicable
			 law.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.27 - Effect of Suspension

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the right to convey a suspended establishment under
				Iowa Code section
				123.39,
				no beer, wine, or liquor can be sold or consumed in an establishment during a
				suspension period. An establishment may be open during a suspension period to
				conduct lawful business other than the sale of liquor, wine, and beer as long
				as no liquor, wine, or beer is sold or consumed during the suspension
				period.
This rule is intended to implement Iowa Code section
				123.39.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.28 - Use of Establishment During Hours Alcoholic Beverages Cannot Be Consumed

Current through Register Vol. 47, No. 3, July 24, 2024
No one, including a retail alcohol licensee and the licensee's
				employees, can consume alcoholic beverages in their licensed establishment
				during hours which alcoholic beverages cannot be sold. An establishment covered
				by a retail alcohol license can be used as a restaurant or any other lawful
				purpose during hours which alcoholic beverages cannot be sold as long as
				alcoholic beverages are not consumed during these hours.
This rule is intended to implement Iowa Code section
				123.49.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.30 - Persons Producing Fuel Alcohol

Current through Register Vol. 47, No. 3, July 24, 2024
Persons producing fuel alcohol for their own use or to be sold
				commercially do not have to obtain a license or permit from the
				division.
This rule is intended to implement Iowa Code sections
				123.4
				and
				123.41.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.32 - Delivery of Alcoholic Liquor

Current through Register Vol. 47, No. 3, July 24, 2024
Individuals who do not work for this division may operate a
				delivery service in which they will charge licensees a fee for picking up their
				alcoholic liquor orders at this division's liquor stores and delivering it to
				their establishments.
This rule is intended to implement Iowa Code sections
				123.4
				and
				123.21(10).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.34 - Determination of Population

Current through Register Vol. 47, No. 3, July 24, 2024
Decennial Censuses and Special Censuses done by the U.S. Census
				Bureau are recognized as being the official population ofa town for the purpose
				of deciding the price of licenses in that town, but estimates done by the U.S.
				Census Bureau cannot be viewed as being the official population when deciding
				the price of licenses.
This rule is intended to implement Iowa Code section
				123.10(11).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.35 - Minors in Licensed Establishments

Current through Register Vol. 47, No. 3, July 24, 2024
Because Iowa law does not prohibit minors from being in
				licensed establishments, a minor can be in a licensed establishment if local
				authority does not have a local ordinance prohibiting minors from being in
				licensed establishments in its jurisdiction.
This rule is intended to implement Iowa Code subsection
				123.21(5).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.36 - Sale of Alcoholic Beverages Stock When Licensee Sells Business

Current through Register Vol. 47, No. 3, July 24, 2024
When a retail alcohol licensee goes out of business, the
				licensee may sell the licensee's stock of alcoholic beverages to the person who
				is going to operate a licensed establishment in the same location.
This rule is intended to implement Iowa Code section
				123.10.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.40 - Warehousing of Beer and Wine

Current through Register Vol. 47, No. 3, July 24, 2024
A person holding a class "A" wine permit or a class "A" beer
				permit shall warehouse their wine or beer inventory within the state of Iowa. A
				warehouse of a person holding a class "A" wine permit or a class "A" beer
				permit shall be considered a licensed premises.
This rule is intended to implement Iowa Code sections
				123.127 and
				123.175.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 4 - Retail Alcohol Licenses-beer Permits-wine Permits › Rule 185-4.41 - Vending Machines to Dispense Alcoholic Beverages Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
A retail alcohol licensee shall not install or permit the
				installation of vending machines on the licensed premises for the purpose of
				selling, dispensing or serving alcoholic beverages. A vending machine is
				defined as a slug-, coin-, currency- or credit card-operated mechanical device
				used for dispensing merchandise, including single cans of beer or other
				alcoholic beverages, and includes a mechanical device operated by remote
				control and used for dispensing single cans of beer or other alcoholic
				beverages. A vending machine is not a unit installed in individual hotel or
				motel rooms used for the storage of alcoholic beverages and intended for the
				personal use of hotel or motel guests within the privacy of the guests'
				rooms.
This rule is intended to implement Iowa Code section
				123.49.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 5 - License and Permit Division › Rule 185-5.1 - Manufacture and Sale of Native Wine

Current through Register Vol. 47, No. 3, July 24, 2024
Manufacturers of native wine as defined in Iowa Code section
				123.3(36)  may
				sell, keep or offer for sale and deliver their native wine subject to the
				following regulations and restrictions.
(1)
Class "A" native wine
			 permit.
A manufacturer of native wine must display the original or a
			 copy of its class "A" native wine permit in each of its native wineries and in
			 each of its retail establishments. A manufacturer of native wine must register
			 its retail establishment on forms or systems provided by the
			 division.
(2)
Monthly
			 combined wine production and wine gallonage tax report.
A monthly
			 report is required showing the amount of wine on hand at the beginning of the
			 month, the amount produced, the amount sold, the amount of wine gallonage tax
			 due, and any other information requested. Report forms shall be furnished by
			 the division. A manufacturer of native wine shall submit a report along with
			 any wine gallonage tax payment in the division's licensing system by the tenth
			 of each month for the preceding month's business. Reports and wine gallonage
			 tax payments submitted by the tenth of each month for the preceding month shall
			 be considered timely. This report must be submitted for each month even if no
			 wine sales were made during the month.
This rule is intended to implement Iowa Code sections
				123.4,
				123.49,
				123.176, and
				123.183.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 5 - License and Permit Division › Rule 185-5.2 - Production of a Native Distillery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Native distillery.
A
			 native distillery is a business as defined in Iowa Code section
			 123.3(35).
(2)
Definitions.
"Native distilled spirits"
means an alcoholic
				beverage as defined in Iowa Code section
				123.3(34).
"Operating still"
means a still that is
				registered with the Alcohol and Tobacco Tax and Trade Bureau pursuant to
				27 CFR
				19.75(b) and is actively
				used to manufacture spirits.
"Proof gallon"
means a United States gallon of
				proof spirits, or the alcoholic equivalent thereof, as defined by the Alcohol
				and Tobacco Tax and Trade Bureau pursuant to
				27 CFR
				30.11.
This rule is intended to implement Iowa Code sections
				123.3(29),
				123.30(3)
"c"
(3), 123.43 and 123.43A.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 5 - License and Permit Division › Rule 185-5.7 - Change of Ownership of a Licensed Premises, New License or Permit Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 new license or permit and a new bond and a new dramshop policy must be obtained
			 whenever one of the following occurs:
a. When
			 a business is sold or leased to another person.
b. When a licensee or permittee changes to
			 another form of business, such as: sole proprietorship to a corporation; a
			 corporation to a sole proprietorship; a sole proprietorship to a partnership; a
			 partnership to a sole proprietorship; a partnership to a corporation; or a
			 corporation to a partnership.
c.
			 When a partner leaves a partnership or when a new partner is added to a
			 partnership.
d. When a corporation
			 name is changed due to a merger or is voluntarily changed by its
			 owners.
e. Each time an entity
			 obtains a seasonal license or permit.
f. When a receiver takes over the operation
			 of an establishment.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 5 - License and Permit Division › Rule 185-5.8 - Dramshop Liability Insurance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of providing proof of financial responsibility, as required
										under the provisions of Iowa Code section 123.92, a liability insurance policy shall meet the following
										requirements.
(1)
Current certificate required.
The
								 dramshop liability certificate of insurance shall be issued by a company holding a current certificate of
								 authority from the Iowa insurance commissioner authorizing the company to issue dramshop liability insurance
								 in Iowa or issued under the authority and requirements of Iowa Code sections 515.120 and 515.122. The
								 dramshop policy shall take effect the day the license takes effect and shall continue until the expiration
								 date of the license. A new dramshop liability certificate of insurance shall be provided each time the
								 division issues a new license. The dramshop liability certificate of insurance shall contain the following:
								 the name of the insurance provider; the policy number; the name and address of the insured; the license
								 number of the insured, if applicable; and the policy effective dates. Upon request, an insurance company or
								 an insured shall provide to the division a duplicate original of the policy and all pertinent
								 endorsements.
(2)
Minimum coverage required.
The
								 dramshop liability insurance policy shall provide the following minimum liability coverage, exclusive in
								 interests and cost of action, per occurrence:
a. Fifty thousand dollars for
								 bodily injury to or death of one person in each claim or occurrence.
b. One hundred thousand dollars for bodily injury to or death of two or
								 more persons in each occurrence.
c. Twenty-five thousand dollars
								 for loss of means of support of any one person in each occurrence.
d. Fifty thousand dollars for loss of means of support of two or more
								 persons in each occurrence.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 5 - License and Permit Division › Rule 185-5.9 - Surety Bond Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Each surety bond shall meet the following requirements.
(1)
Certificate of
			 authority.
The surety bond shall be issued by a company holding a
			 current certificate of authority from the commissioner of insurance authorizing
			 the company to issue bonds in Iowa.
(2)
Forfeiture of bond.
The
			 surety bond shall contain a provision for the principal and surety to consent
			 to the forfeiture of the principal sum of the bond in the event of revocation
			 of the license or permit by the violation of any Iowa Code provision which
			 requires forfeiture of the bond.
(3)
Cancellation.
A surety
			 company or a principal may cancel a bond by giving a minimum of 30 days'
			 written notice to the division of the party's intent to cancel the bond. The
			 30-day period shall commence on the date that the division receives the notice
			 of cancellation. The party seeking to cancel a bond shall submit written notice
			 of such cancellation to the division in Ankeny, Iowa, and further shall submit
			 a copy of the notice of cancellation to the other party. The notice of
			 cancellation shall contain the following: the name of the party to whom the
			 copy of the notice of cancellation was submitted, the date on which the notice
			 of cancellation was submitted, the date the bond is being canceled, and the
			 license or permit number of the licensee or permittee to be affected by such
			 cancellation.
(4)
Proof of
			 bond.
A licensee or permittee shall be deemed to have furnished a
			 surety bond when the licensee or permittee has:
a. Filed with the division a form prescribed
			 by the division containing the following: the name of the bond provider; the
			 city and state where the bond provider is located; the bond number, the names
			 of the principal, and the city and state where the principal is located; the
			 amount of the bond; the type of license or permit guaranteed by the bond; the
			 effective date of the bond; signatures of the principal and the bond provider;
			 and any other information the administrator of the division may require,
			 or
b. Met this requirement by any
			 other method deemed acceptable by the administrator of the division or a
			 designee.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 8 - Transportation and Warehouse › Rule 185-8.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Administrator"
means the administrator of the
				alcoholic beverages division of the department of commerce.
"Category"
means the classification of an
				alcoholic liquor product, such as rum, vodka, or whiskey.
"Commission"
means the alcoholic beverages
				commission established in Iowa Code chapter 123.
"Delist"
means the removal of products from
				the division's product inventory.
"Division"
means the alcoholic beverages
				division of the department of commerce.
"Product"
means "alcoholic liquor" or "native
				distilled spirits" as defined in Iowa Code chapter 123.
"Supplier"
means a manufacturer, distiller, or
				importer of alcoholic liquors or native distilled spirits shipping, selling, or
				having such alcoholic beverages brought into this state for resale by the
				division.