1. Except as otherwise provided by this chapter, all licenses, permits, and certificates of compliance, unless sooner suspended or revoked, expire one year from date of issuance.

Terms Used In Iowa Code 123.35

  • Administrator: means the administrator of the division, appointed pursuant to the provisions of this chapter, or the administrator's designee. See Iowa Code 123.3
  • Alcohol: means the product of distillation of any fermented liquor rectified one or more times, whatever may be the origin thereof, and includes synthetic ethyl alcohol. See Iowa Code 123.3
  • Alcoholic liquor: means the varieties of liquor defined in subsections 3 and 49 which contain more than six and twenty-five hundredths percent of alcohol by volume, beverages made as described in subsection 7 which beverages contain more than six and twenty-five hundredths percent of alcohol by volume but which are not wine as defined in subsection 53, high alcoholic content beer as defined in subsection 22, or canned cocktails as defined in subsection 11, and every other liquid or solid, patented or not, containing spirits and every beverage obtained by the process described in subsection 53 containing more than twenty-one and twenty-five hundredths percent of alcohol by volume, and susceptible of being consumed by a human being, for beverage purposes. See Iowa Code 123.3
  • Brewer: means any person who manufactures beer for the purpose of sale, barter, exchange, or transportation. See Iowa Code 123.3
  • Division: means the alcoholic beverages division of the department of commerce established by this chapter. See Iowa Code 123.3
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • license: means an express written authorization issued by the division for the manufacture or sale, or both, of alcoholic liquor, wine, or beer. See Iowa Code 123.3
  • Local authority: means the city council of any incorporated city in this state, or the county board of supervisors of any county in this state, which is empowered by this chapter to approve or deny applications for retail alcohol licenses; empowered to recommend that such licenses be granted and issued by the division; and empowered to take other actions reserved to them by this chapter. See Iowa Code 123.3
  • premises: means all rooms, enclosures, contiguous areas, or places susceptible of precise description satisfactory to the administrator where alcoholic beverages, wine, or beer is sold or consumed under authority of a retail alcohol license, wine permit, or beer permit. See Iowa Code 123.3
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
  • Wine: means any beverage containing more than six and twenty-five hundredths percent of alcohol by volume but not more than twenty-one and twenty-five hundredths percent of alcohol by volume obtained by the fermentation of the natural sugar contents of fruits or other agricultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses, or cactus. See Iowa Code 123.3
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. Notwithstanding section 123.31 and any other provision of this chapter to the contrary, a class “E” retail alcohol license shall automatically renew without the endorsement of a local authority or approval by the administrator upon collection of the annual fee by the division, provided all of the following conditions are met since the preceding license was issued:

 a. The licensee has given written consent to the division to have the license automatically renewed as provided in this section.
 b. The license has not been suspended or revoked.
 c. A civil penalty has not been imposed against the licensee.
 d. An administrative proceeding is not pending against the licensee to suspend or revoke the license or to impose a civil penalty under this chapter.
 e. The licensee has not submitted payment for alcoholic liquor to the division that was subsequently dishonored.
 f. The licensee and all persons associated with the licensee as described in section 123.3, subsection 40, paragraph “e”, have not been convicted of a violation of this chapter.
 g. The licensed premises constitutes a safe and proper place or building and conforms with all applicable federal, state, and local laws, orders, ordinances, rules, resolutions, and health and fire regulations.
 h. A local authority has not notified the division, in a manner established by the division and made available to local authorities, that automatic renewal should not occur and that further review of the licensee by the division and the applicable local authority is warranted.
 3. Notwithstanding sections 123.23, 123.135, 123.180, and any other provision of this chapter to the contrary, a distiller’s, brewer‘s, or vintner’s certificate of compliance shall automatically renew without approval by the administrator upon collection of the annual fee by the division, provided all of the following conditions are met since the preceding certificate was issued:

 a. The certificate holder has given written consent to the division to have the certificate automatically renewed as provided in this section.
 b. The certificate has not been suspended or revoked.
 c. A civil penalty has not been imposed against the certificate holder.
 d. An administrative proceeding is not pending against the certificate holder to suspend or revoke the certificate or to impose a civil penalty under this chapter.
 e. The certificate holder and all persons associated with the certificate holder as described in section 123.3, subsection 40, paragraph “e”, have not been convicted of a violation of this chapter.
 4. Notwithstanding section 123.187 and any other provision of this chapter to the contrary, a wine direct shipper’s permit shall automatically renew without approval by the administrator upon collection of the annual fee by the division, provided all of the following conditions are met since the preceding permit was issued:

 a. The permittee has given written consent to the division to have the permit automatically renewed as provided in this section.
 b. The permit has not been suspended or revoked.
 c. A civil penalty has not been imposed against the permittee.
 d. An administrative proceeding is not pending against the permittee to suspend or revoke the permit or to impose a civil penalty under this chapter.
 e. The permittee has filed all required reports and remitted all wine gallonage tax owed pursuant to section 123.183.
 f. The permittee and all persons associated with the permittee as described in section 123.3, subsection 40, paragraph “e”, have not been convicted of a violation of this chapter.
  Previous section
Next section  
 Chapter 123 Contents