reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 14 - Private Wine Sales › Rule 185-14.4 - Price Postings by All Holders of Vintner's Certificates of Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
Price postings by all holders of vintner's certificates of
				compliance will be required for all wines they wish to distribute within the
				state. These price postings will be submitted in the format as determined by
				the division. Prices posted will be the most current case price and should
				reflect the f.o.b. cost at the winery, out-of-state warehouse, or port of
				entry. Information will be made available by the division to all interested
				parties.
This rule is intended to implement Iowa Code section
				123.21, subsection
				6.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 14 - Private Wine Sales › Rule 185-14.5 - Price Postings

Current through Register Vol. 47, No. 3, July 24, 2024
Price postings will be required on all prices charged in sales
				between Class "A" wine permitholders and Class "B" permitholders. These price
				postings will contain the most current prices and will be submitted in the
				format as determined by the division. Frequency of submission will be monthly,
				commencing July 31, 1985, and each month thereafter as changes occur. The
				division will post a list of the most current price of wines it lists in a
				conspicuous place in the agency's central office and in all state liquor
				stores. Price postings from both the Class "A" wine permitholder and the
				division will be consolidated in a master price list each month. This
				information will be made available to all interested parties.
This rule is intended to implement Iowa Code section
				123.21, subsection
				6.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 14 - Private Wine Sales › Rule 185-14.7 - Supplier Discrimination

Current through Register Vol. 47, No. 3, July 24, 2024
A holder of a vintner's certificate of compliance shall not
				discriminate on the sale of wine to wholesalers of wine which the vintner
				designates and files with its application for a vintner's certificate of
				compliance as a wholesaler with whom it intends to do business. Nothing in this
				rule shall be construed to require any holder of a vintner's certificate of
				compliance to do business with any wine wholesaler The holder of a vintner's
				certificate of compliance may appoint more than one wine wholesaler to service
				the same geographical territory.
This rule is intended to implement Iowa Code section
				123.180.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.2 - Product Displays

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
			 otherwise provided in this rule, an industry member is prohibited, directly or
			 indirectly, from inducing a retailer to purchase any products from the industry
			 member to the exclusion, in whole or in part, of products sold or offered for
			 sale by other industry members by any of the following means:
a. Renting, leasing, or buying display space
			 from a retailer.
b. Paying a
			 retailer to set up a display.
c.
			 Giving a special price on the products featured in the display or other
			 products sold by the industry member.
d. Providing free merchandise to a retailer
			 in return for a display.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.3 - Retailer Advertising Utensils, Consumer Advertising Specialties, Retailer Wearing Apparel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Retailer advertising utensils.
a. An industry member may supply, give, or
			 sell retailer advertising utensils which are primarily valuable as
			 point-of-sale advertising intended for use on the premises of the retail
			 establishment. Such materials include, but are not limited to, posters,
			 placards, designs, inside signs (electric, mechanical or otherwise),
			 billboards, window decorations, trays, coasters, mats, menu cards, meal checks,
			 paper napkins, foam scrapers, back bar mats, thermometers, clocks, calendars,
			 and alcoholic beverage lists or menus.
b. All retailer advertising utensils must
			 bear conspicuous and substantial advertising matter about the product or the
			 industry member which is permanently inscribed or securely affixed. The name
			 and address of the retailer may appear on the point of sale advertising
			 materials.
c. An industry member
			 shall not pay or credit a retailer, directly or indirectly, for using retailer
			 advertising utensils or for any expense incidental to their use.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.5 - Glassware

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Disposable beer or wine glassware.
a. An industry member engaged in the
			 manufacturing or wholesaling of beer or wine may sell disposable glassware
			 (including foam, paper and one-use plastic cups) to a retailer.
b. An industry member engaged in the
			 manufacturing or wholesaling of beer or wine is prohibited from selling
			 disposable glassware to a retailer at less than the industry member's laid-in
			 cost of the disposable glassware.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.6 - Tapping Accessories and Coil Cleaning Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Tapping accessories.
a. An
			 industry member may sell tapping accessories, identified in rule
			 185-16.1 (123), and carbon
			 dioxide to a retailer at not less than the industry member's laid-in
			 cost.
b. An industry member may
			 install tapping accessories at a retail establishment provided the retailer
			 bears the cost of initial installation.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.7 - Tasting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Restrictions.
a. The amount
			 of product served per person during a tasting shall be limited to the
			 following.
(1) No more than two one half of
			 one-fluid-ounce tastes of any brand of alcoholic liquor.
(2) No more than two one-fluid-ounce tastes
			 of any brand of wine.
(3) No more
			 than two two-fluid-ounce tastes of any brand of beer.
(4) No more than two two-fluid-ounce tastes
			 of a mixed drink or cocktail as defined in Iowa Code section
			 123.3.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.8 - Sampling

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Conditions.
An industry member may give product to a retailer
			 who has not purchased the brand from that industry member within the preceding
			 12 months.
(2)
Quantity.
Product given to a retailer shall not exceed the
			 following amounts within a calendar year.
a.
			 Three liters of any brand of alcoholic liquor.
b. Three liters of any brand of
			 wine.
c. Three gallons of any brand
			 of beer.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.9 - Trade Spending

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member may engage in the practice of trade
				spending.
(1)
Advertising.
Trade spending shall be unannounced and
			 unpublicized.
(2)
Quantity.
The industry member shall be limited to purchasing
			 one round of alcoholic beverages or nonalcoholic beverages for patrons of an
			 on-premises retailer.
(3)
Payment.
The industry member shall pay the retailer no more
			 than the ordinary retail price for the alcoholic beverage or nonalcoholic
			 beverage.
(4)
Recordkeeping.
An industry member shall keep and maintain
			 records in accordance with rule
			 185-16.18 (123).
This rule is intended to implement Iowa Code section
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.10 - Discounts

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member is prohibited from refusing to give a
				retailer a discount which is offered to other retailers in the market area even
				though the retailer declines to reduce the price to the consumer during the
				discount period, or to advertise the industry member's product during the
				promotion period.
This rule is intended to implement Iowa Code sections
				123.135(4)  and
				123.180(4).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.11 - Combination Packaging

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member may package and distribute alcoholic liquor,
				wine, or beer in combination with other nonalcoholic items or products.
(1) Combination packages shall not have
			 secondary value to the retailer other than having the potential of attracting
			 purchasers and promoting sales.
(2)
			 Combination packages shall be designed to be delivered intact to the
			 consumer.
(3) Industry members who
			 sell alcoholic liquor to the department must comply with the department's
			 policies regarding combination packaging.
This rule is intended to implement Iowa Code section
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.12 - Consumer Promotions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Coupons.
The act by an industry member of furnishing to
			 consumers coupons which are redeemable at a retail establishment does not
			 constitute a means to induce provided the following conditions are met:
a. All retailers within the market where the
			 coupon offer is made may redeem such coupons.
b. An industry member may not reimburse a
			 retailer for more than the face value of all coupons redeemed, plus a usual and
			 customary handling fee for the redemption of coupons.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.13 - Advertising, Display or Distribution Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prohibition.
The act of an industry member paying or crediting
			 a retailer, directly or indirectly, for any advertising, display, or
			 distribution service is prohibited if the act results in exclusion. Such acts
			 include, but are not limited to, the following:
a. Making payments or credits to retailers
			 that are merely reimbursements, in full or in part, for such services purchased
			 by a retailer from a third party.
b. Directly or indirectly sharing the cost of
			 an advertisement with a retailer.
c. Purchasing advertising from a retailer on
			 such things as, but not limited to, signs, scoreboards, programs, scorecards,
			 and tote boards in ballparks, stadiums, auditoriums, racetracks, arenas,
			 bowling alleys and all other retail establishments.
d. Purchasing advertising in a retailer
			 publication for distribution to consumers or the general public.
e. Providing reimbursements to retailers for
			 setting up product or other displays.
f. Paying the retailer via a promotion where
			 the industry member rents display space at a retail establishment.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.14 - Stocking and Product Rotation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Allowable activities.
a. An
			 industry member may stock, rotate, and reset alcoholic liquor, wine or beer
			 sold by the industry member.
b. An
			 industry member may affix prices to alcoholic liquor, wine or beer sold by the
			 industry member at the time of delivery, provided that the retailer
			 independently determines the price of the alcoholic liquor, wine and
			 beer.
c. An industry member may
			 build product displays either at the time of delivery or at other
			 times.
d. An industry member may
			 provide a retailer with a recommended shelf plan or shelf schematic for
			 alcoholic liquor, wine, and beer.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.15 - Sponsorships and Special Events

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An industry
			 member may contribute to charitable, civic, religious, fraternal, educational
			 and community entities.
(2) If such
			 entity is conducting a special event as a retailer or in conjunction with a
			 retailer, an industry member's contribution shall not induce the retailer,
			 directly or indirectly, to purchase any products from the industry member to
			 the exclusion, in whole or in part, of products sold or offered for sale by
			 other industry members at the special event.
(3) An industry member shall keep and
			 maintain records in accordance with rule
			 185-16.18 (123).
This rule is intended to implement Iowa Code sections
				123.45 and
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.16 - Participation in Educational Seminars and Retail Association Activities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Educational seminars.
An industry member may give or sponsor
			 educational seminars for employees of retailers either at the industry member's
			 premises or at the retail establishment regarding such topics as use of a
			 retailer's equipment, training seminars for employees of retailers, and tours
			 of alcoholic beverages manufacturing facilities; however, an industry member is
			 prohibited from paying a retailer's expenses or compensating a retailer for
			 attending such seminars and tours.
(2)
Retail association
			 activities.
An industry member may participate in retail association
			 activities in the following manner:
a.
			 Display its products at a trade show or convention.
b. Rent display booth space provided that the
			 rental fee is not excessive and is the same paid by all exhibitors.
c. Provide hospitality for the persons
			 attending the trade show or convention. The hospitality provided by the
			 industry member shall be independent from association-sponsored
			 activities.
d. Purchase tickets,
			 attend functions, and pay registration fees, provided that such payments are
			 not excessive and are the same paid by all exhibitors.
e. Pay for advertising in programs or
			 brochures issued by retail associations at a convention or trade show, provided
			 that the total payments made by an industry member do not exceed $300 per
			 calendar year to any one retail association.
This rule is intended to implement Iowa Code section
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.18 - Record Keeping

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Industry
			 members are required to keep and maintain accurate records for a three-year
			 period regarding each of the items which may be provided to retailers in the
			 following rules:
a.
									185-16.2 (123) (product
			 displays).
b.
									185-16.3 (123) (retailer
			 advertising utensils, consumer advertising specialties, retailer wearing
			 apparel).
c.
									185-16.5 (123)
			 (glassware).
d.
									185-16.7 (123)
			 (tasting).
e.
									185-16.8 (123)
			 (sampling).
f.
									185-16.9 (123) (trade
			 spending).
g.
									185-16.15 (123) (sponsorships
			 and special events).
h.
									185-16.16 (123) (participation
			 in educational seminars and retail association activities).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.40 - Equipment, Furnishings, Fixtures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An industry
			 member is prohibited from directly or indirectly giving, selling, renting, or
			 lending equipment, furnishings or fixtures to a retailer for use by the
			 retailer or in the retail establishment.
(2) A prohibited indirect inducement
			 includes, but is not limited to, obtaining equipment, furnishings, or fixtures
			 for a retailer through a third-party arrangement where the resulting benefits
			 flow to an individual retailer.
This rule is intended to implement Iowa Code sections
				123.45 and
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.42 - Free Warehousing Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member is prohibited, directly or indirectly, from
				providing free warehousing of products for a retailer by delaying delivery of
				alcoholic liquor, wine, or beer beyond the time that payment for the product is
				received or, if a retailer is purchasing on credit, delaying final delivery of
				products beyond the close of the period of time for which credit is lawfully
				extended.
This rule is intended to implement Iowa Code sections
				123.45 and
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.43 - Extension of Credit and Prepaid Accounts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Extension of credit.
An industry member is prohibited from
			 extending credit on the sale of alcoholic liquor or beer to a retailer. An
			 industry member may extend credit to a retailer on the sale of wine for not
			 more than 30 days from the date of the sale.
(2)
Prepaid accounts.
a. An industry member may establish prepaid
			 accounts in which retailers deposit a sum of money to pay for future purchases
			 of alcoholic beverages products.
b.
			 An industry member may not hold the money deposited in a prepaid account for
			 future payment of a debt.
c. An
			 industry member shall transfer the amount of the invoice from the retailer's
			 prepaid account each time that the industry member makes a sale and a delivery
			 to the retail establishment.
d. An
			 industry member is not required to establish separate escrow accounts for
			 prepaid accounts.
e. An industry
			 member is responsible for accurately and honestly accounting for the funds held
			 in a prepaid account.
f. A retailer
			 may withdraw the money placed in a prepaid account at any time.
g. An industry member is prohibited from
			 utilizing prepaid accounts to require a retailer to purchase any quota of
			 alcoholic liquor, wine, or beer.
This rule is intended to implement Iowa Code sections
				123.45 and
				123.181(2).
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.44 - Quota Sales

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member is prohibited from requiring a retailer to
				purchase and sell any quota of alcoholic liquor, wine or beer.
This rule is intended to implement Iowa Code sections
				123.45 and
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.45 - Tie-in Sales

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member is prohibited from requiring a retailer to
				purchase one product in order to purchase another. This prohibition includes
				combination sales if one or more products may be purchased only in combination
				with other products and not individually. However, an industry member is not
				prohibited from selling at a special combination price, two or more kinds or
				brands of products to a retailer, provided that the retailer has the option of
				purchasing either product at the usual price, and the retailer is not required
				to purchase any product not wanted by the retailer.
This rule is intended to implement Iowa Code sections
				123.45 and
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.60 - Contracts to Purchase Alcoholic Liquor, Wine, or Beer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Implied or express contracts.
a. Any contract or agreement, written or
			 unwritten, which has the effect of requiring the retailer to purchase alcoholic
			 liquor, wine, or beer from the industry member beyond a single sales
			 transaction is prohibited, except as provided in paragraph
			 16.60(1)
"b."
Examples of such contracts are:
(1) An advertising contract between an
			 industry member and a retailer with the express or implied requirement of the
			 purchase of the advertiser's products.
(2) A sales contract awarded on a competitive
			 bid basis which has the effect of prohibiting the retailer from purchasing from
			 other industry members by requiring that, for the period of the agreement, the
			 retailer purchase a product or line of products exclusively from the industry
			 member or requiring that the retailer purchase a specific or minimum quantity
			 during the period of the agreement.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.75 - Commercial Bribery

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member is prohibited from offering or giving a
				retailer free trips, bonuses or prizes based on sales of the industry member's
				alcoholic beverages products.
This rule is intended to implement Iowa Code section
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.90 - Consignment Sales

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member is prohibited from selling alcoholic liquor,
				wine, or beer to a retailer on consignment. Consignment means a sale under
				which the retailer is not obligated to pay for the alcoholic liquor, wine, or
				beer, until the product is sold by the retailer.
This rule is intended to implement Iowa Code section
				123.186.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.91 - Return of Alcoholic Liquor, Wine, and Beer

Current through Register Vol. 47, No. 3, July 24, 2024
An industry member may accept the return of alcoholic liquor,
				wine, and beer for ordinary and usual commercial reasons but is not obligated
				to do so.
(1)
Ordinary and
			 usual commercial reasons for exchanges and returns.
a.
Defective products.
(1) Products which are unmarketable because
			 of product deterioration, leaking containers, damaged labels, or missing or
			 mutilated tamper evident closures may be exchanged for an equal quantity of
			 identical products or may be returned for cash or credit against outstanding
			 indebtedness.
(2) Freshness dating.
			 An industry member may accept a return of beer for cash or credit against
			 outstanding indebtedness or exchange the beer for freshness reasons provided
			 all of the following conditions are met:
1.
			 The manufacturer of the beer has policies and procedures in place that specify
			 the date the retailer must pull the product.
2. The industry member's freshness
			 return/exchange policies and procedures are readily verifiable and consistently
			 followed by the industry member.
3. The beer container has identifying
			 markings that correspond with the pull date.
4. The beer product pulled by the trade buyer
			 may not reenter the retail marketplace.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 16 - Trade Practices › Rule 185-16.105 - Contested Case-burden

Current through Register Vol. 47, No. 3, July 24, 2024
In any contested case alleging a violation of this chapter, the
				burden of demonstrating compliance with the lawful requirements for retention
				of the license or permit or certificate of compliance shall be placed on the
				licensee, permittee, or certificate of compliance holder.
This rule is intended to implement Iowa Code sections
				17A.18(3)  and
				123.39.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency. "
In lieu of the words "(official or
				body issuing these rules)", insert "alcoholic beverages
				division".
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In
			 lieu of the words "(insert agency head)" insert "Chief, Licensing Bureau,
			 Alcoholic Beverages Division, 1918 S.E. Hulsizer, Ankeny, Iowa 50021"; and in
			 lieu of the words "(insert agency name and address)", insert "alcoholic
			 beverages division at the above-stated address".
(2)
Office hours.
In lieu of
			 the words "(insert customary office hours and, if agency does not have
			 customary office hours of at least thirty hours per week, insert hours
			 specified in Iowa Code section
			 22.4) ",
			 insert "8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays and legal
			 holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu of the words "(specify time period)", insert
			 "thirty minutes".
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 18.10(123,22) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record; provided, that, the
			 record is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last known address of the subject.
e. To the legislative services agency under
			 Iowa Code section
			 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Defined. "Routine use" means the disclosure of a record without the consent of
			 the subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order.
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
e. Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
f. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
g. The following records are routinely
			 disseminated to members of the public:
(1)
			 Information collected and maintained concerning ownership and location of
			 establishments licensed under Iowa Code chapter 123.
(2) Information collected and maintained on
			 licensees' dramshop liability insurance.
(3) Information collected and maintained
			 concerning the status of contested case matters in which disciplinary action
			 has been taken against a licensee or permittee.
(4) Information collected and maintained
			 identifying the names of distillers, vintners, and brewers, their employees,
			 agents, representatives, and designated wholesalers.
(5) Information identifying the name and
			 address of a licensee's, permittee's, wholesaler's, or certificate of
			 compliance holder's registered agent for service of process.
(6) Information provided to the agency which
			 identifies the names, addresses and telephone numbers of board members of
			 organizations of interest to licensees and permittees.
(7) Information identifying the names and
			 addresses of nonliquor related vendors (i.e., landlords) and the names and
			 addresses of the agency's sublessees.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
To the extent permitted by law, the subject may
			 consent in writing to agency disclosure of confidential records as provided in
			 rule 18.7(123,22).
(2)
Complaints to public officials.
A letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may,
			 to the extent permitted by law, be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The subject of a confidential record may file a written request to review
			 confidential records about that person as provided in rule 18.6(123,22).
			 However, the agency need not release the following records to the subject:
a. The identity of a person providing
			 information to the agency need not be disclosed directly or indirectly to the
			 subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code section
			 22.7(18)
			  or other provision of law.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code. (See Iowa Code section
			 22.7(5)
			 )
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids. (Iowa Code section
			 72.3
			)
b. Tax records made available to
			 the agency. (Iowa Code sections
			 422.20
			 and
			 422.72
			)
c. Records which are exempt from
			 disclosure under Iowa Code section
			 22.7.
d. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(4)
			 )
e. Identifying details in final orders,
			 decisions and opinions to the extent required to prevent a clearly unwarranted
			 invasion of personal privacy or trade secrets under Iowa Code section
			 I7A.3(1)
"d. "
f.
			 Those portions of agency staff manuals, instructions or other statements issued
			 which set forth criteria or guidelines to be used by agency staff in auditing,
			 in making inspections, in settling commercial disputes or negotiating
			 commercial arrangements, or in the selection or handling of cases, such as
			 operational tactics or allowable tolerances or criteria for the defense,
			 prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency. (See Iowa Code sections
			 I7A.2 and I7A.3)
g.
			 Records which constitute attorney work product, attorney-client communications,
			 or which are otherwise privileged. Attorney work product is confidential under
			 Iowa Code sections
			 22.7(4),
			 622.10
			 and
			 622.11, Iowa
			 R.C.R 122(c), Fed. R. Civ. R 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.
h. Any other records made confidential by
			 law.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems as defined in rule 18.1(123,22). These records are
				routinely available to the public. However, the agency's files of these records
				may contain confidential information as discussed in rule 18.13(123,22). The
				records listed may contain information about individuals.
(1)
Rule making.
Rule-making
			 records may contain information about individuals making written or oral
			 comments or proposed rules. This information is collected pursuant to Iowa Code
			 section
			 17A.4.
			 This information is not stored in an automated data processing
			 system.
(2)
Commission
			 records.
Agendas, minutes, and materials presented to the alcoholic
			 beverages commission are available at the central offices of the alcoholic
			 beverages division, except those records concerning closed sessions which are
			 exempt from disclosure under Iowa Code section
			 21.5(4).
			 Council and commission records contain information about people who participate
			 in meetings. This information is collected pursuant to Iowa Code section
			 21.3.
			 This information is not stored in an automated data processing
			 system.
(3)
Publications.
News releases, annual reports, project reports,
			 agency newsletters, etc., are available at the central offices of the alcoholic
			 beverages division. Agency news releases, project reports, and newsletters may
			 contain information about individuals, including agency staff or members of
			 agency councils or committees. This information is not stored in an automated
			 data processing system.
(4)
Statistical reports and compilations.
Periodic reports of
			 alcoholic liquor sales, statistics concerning statewide and regional
			 consumption of liquor, wine, and beer, and lists of active and inactive
			 licensees and permittees are available at the central offices of alcoholic
			 beverages division.
(5)
Policy manuals.
The agency employees' manual, containing the
			 policies and procedures for programs administered by the agency, is available
			 in every office of the agency. Subscriptions to all or part of the employees'
			 manual are available at the cost of production and handling. Requests for
			 subscription information should be addressed to Chief, Licensing Bureau,
			 Alcoholic Beverages Division, 1918 S.E. Hulsizer, Ankeny, Iowa 50021. Policy
			 manuals do not contain information about individuals.
(6)
Other records.
All other
			 records that are not exempted from disclosure by law.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.16 - Other Records

Current through Register Vol. 47, No. 3, July 24, 2024
The agency maintains a variety of records which do not
				generally contain information pertaining to named individuals. The agency
				maintains the following records, not heretofore listed, which do not generally
				contain personally identifiable information: inventory control reports, records
				of purchases by the agency from vendors, auditing data, budgetary information,
				reports of total licensing fees generated by class of licensee or permittee,
				reports of total number of licenses and permits issued, reports of total number
				of bottles sold or purchased, reports of gallons of alcoholic liquor sold or
				purchased, bills of lading, and manifests.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 18 - Public Records and Fair Information Practices › Rule 185-18.17 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the rules of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable rules of the
			 agency.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules adopted by the division. The intent of this chapter is to
				allow persons to seek exception to the application of rules adopted by the
				division.
(1)
Definition.
For purposes
			 of this chapter, a "waiver" means an action by the division that suspends in
			 whole or in part the requirements or provisions of a rule as applied to an
			 identified person on the basis of the particular circumstances of that
			 person.
(2)
Authority.
a. A waiver from rules adopted by the
			 division may be granted in accordance with this chapter if:
(1) The division has the authority to
			 promulgate the rule from which the waiver is requested or has final
			 decision-making authority over a contested case in which a waiver is requested;
			 and
(2) No statute or rule
			 otherwise controls the granting of a waiver from the rule from which the waiver
			 is requested.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.2 - Division Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The decision on whether the circumstances justify the granting
				of a waiver shall be made at the discretion of the division upon consideration
				of all relevant factors. A waiver, if granted, shall provide the narrowest
				exception possible to the provisions of a rule.
(1)
Criteria.
The division
			 may, in response to a completed petition, grant a waiver from a rule, in whole
			 or in part, as applied to the circumstances of a specific situation if the
			 division finds each of the following:
a.
			 Application of the rule would result in hardship or injustice to the person for
			 whom the waiver is requested;
b.
			 Waiver from the rule on the basis of the particular circumstances would not
			 prejudice the substantial legal rights of any person;
c. Provisions of the rule subject to the
			 request for a waiver are not specifically mandated by statute or another
			 provision of law; and
d. Where
			 applicable, substantially equal protection of public health, safety, and
			 welfare will be afforded by a means other than that prescribed in the
			 particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.3 - Requester's Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
All petitions for a waiver must be submitted in
			 writing to the Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny,
			 Iowa 50021. If the petition relates to a pending case, a copy of the petition
			 shall also be filed in the contested case proceeding.
(2)
Content of petition.
A
			 petition for waiver shall include the following information where applicable
			 and known to the requester:
a. Name, address,
			 and telephone number of the entity or person for whom a waiver is being
			 requested, and the case number of any related contested case.
b. Description and citation of the specific
			 rule from which a waiver is requested.
c. Specific waiver requested, including the
			 precise scope and duration.
d.
			 Relevant facts that the petitioner believes would justify a waiver. This
			 statement shall include a signed statement from the petitioner attesting to the
			 accuracy of the facts provided in the petition, and a statement of reasons that
			 the petitioner believes will justify a waiver.
e. History of any prior contacts between the
			 division and the petitioner relating to the regulated activity or license
			 affected by the proposed waiver, including a description of each affected
			 license held by the requester, any notices of violation, contested case
			 hearings, or investigative reports relating to the regulated activity or
			 license within the last five years.
f. Information known to the requester
			 regarding the division's treatment of similar cases.
g. Name, address, and telephone number of any
			 public agency or political subdivision which also regulates the activity in
			 question, or which might be affected by the granting of a waiver.
h. Name, address, and telephone number of any
			 person or entity that would be adversely affected by the granting of a
			 petition.
i. Name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
j. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the division with information relevant to the
			 waiver.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.4 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall acknowledge a petition upon receipt. The
				division shall ensure that, within 30 days of the receipt of the petition,
				notice of the pendency of the petition and a concise summary of its contents
				have been provided to all persons to whom notice is required by any provision
				of law. In addition, the division may give notice to other persons. To
				accomplish this notice provision, the division may require the petitioner to
				serve the notice on all persons to whom notice is required by any provision of
				law and provide a written statement to the division attesting that notice has
				been provided.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.5 - Division's Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Additional information.
Prior to issuing an order granting or
			 denying a waiver, the division may request additional information from the
			 petitioner relative to the petition and surrounding circumstances. If the
			 petition was not filed in a contested case, the division may, on its own motion
			 or at the petitioner's request, schedule a telephonic or in-person meeting
			 between the petitioner and the division.
(2)
Hearing procedures.
The
			 provisions of Iowa Code sections
			 17A.10
			 to
			 17A.18A
			 regarding contested case hearings shall apply in the following situations:
a. To any petition for a waiver filed within
			 a contested case;
b. When the
			 division so provides by rule or order; or
c. When a statute so requires.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.6 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the provisions of Iowa Code section
				17A.3,
				the division shall maintain a record of all orders granting or denying waivers
				under this chapter. All final rulings in response to requests for waivers shall
				be indexed and available to members of the public at the Alcoholic Beverages
				Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021. All orders granting or
				denying a waiver petition shall be indexed, filed, and available for public
				inspection as provided in Iowa Code section
				17A.3.
				Orders containing information that the division is authorized or required to
				keep confidential shall be edited prior to public inspection.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.7 - Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the division pursuant to this chapter may be
				withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				division issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver request withheld or misrepresented material facts
			 relevant to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
			 the public health, safety, and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the
			 order.
Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 19 - Waivers From Rules › Rule 185-19.8 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order is equivalent to a
				violation of the rule for which the waiver is granted. The recipient of a
				waiver under this chapter who violates a condition of the waiver may be subject
				to the same remedies or penalties as a person who violates the rule at
				issue.