1. The following fees shall be paid to the division annually for retail alcohol licenses issued under section 123.30:

 a. Class “B” retail alcohol license fees shall be determined as follows:

 (1) For premises located within the corporate limits of a city with a population of two thousand five hundred or less, a fee determined as follows:

 (a) For a premises with a square footage of one thousand five hundred or less, seventy-five dollars.
 (b) For a premises with a square footage of more than one thousand five hundred but not more than two thousand, one hundred fifty dollars.
 (c) For a premises with a square footage of more than two thousand but not more than five thousand, two hundred fifty dollars.
 (d) For a premises with a square footage over five thousand, three hundred fifty dollars.
 (2) For premises located within the corporate limits of a city with a population of more than two thousand five hundred but less than fifteen thousand, a fee determined as follows:

 (a) For a premises with a square footage of one thousand five hundred or less, one hundred fifty dollars.
 (b) For a premises with a square footage of more than one thousand five hundred but not more than two thousand, two hundred fifty dollars.
 (c) For a premises with a square footage of more than two thousand but not more than five thousand, three hundred fifty dollars.
 (d) For a premises with a square footage over five thousand, five hundred dollars.
 (3) For premises located within the corporate limits of a city with a population of fifteen thousand or more, a fee determined as follows:

 (a) For a premises with a square footage of one thousand five hundred or less, two hundred fifty dollars.
 (b) For a premises with a square footage of more than one thousand five hundred but not more than two thousand, three hundred fifty dollars.
 (c) For a premises with a square footage of more than two thousand but not more than five thousand, five hundred dollars.
 (d) For a premises with a square footage over five thousand, seven hundred fifty dollars.
 (4) For premises located outside the corporate limits of any city, a fee equal to that charged to a premises with the same square footage in the incorporated city located nearest the premises to be licensed. If there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if the premises is located in an unincorporated town, for purposes of this paragraph, the unincorporated town shall be treated as if it is a city.
 b. Special class “B” retail native wine license fees shall be one hundred twenty-five dollars.
 c. Class “C” retail alcohol license fees shall be determined as follows:

 (1) Commercial establishments located within the corporate limits of cities of two thousand five hundred population or less, five hundred fifty dollars.
 (2) Commercial establishments located within the corporate limits of cities of over two thousand five hundred and less than fifteen thousand population, nine hundred dollars.
 (3) Commercial establishments located within the corporate limits of cities of fifteen thousand population and over, one thousand two hundred fifty dollars.
 (4) Commercial establishments located outside the corporate limits of any city, a fee equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a commercial establishment is located in an unincorporated town, for purposes of this paragraph, the unincorporated town shall be treated as if it is a city.
 d. Special class “C” retail alcohol license fees shall be determined as follows:

 (1) Commercial establishments located within the corporate limits of cities of two thousand five hundred population or less, one hundred fifty dollars.
 (2) Commercial establishments located within the corporate limits of cities of over two thousand five hundred and less than fifteen thousand population, three hundred dollars.
 (3) Commercial establishments located within the corporate limits of cities of fifteen thousand population and over, four hundred fifty dollars.
 (4) Commercial establishments located outside the corporate limits of any city, a fee equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a commercial establishment is located in an unincorporated town, for purposes of this paragraph, the unincorporated town shall be treated as if it is a city.
 e. Class “D” retail alcohol license fees shall be determined as follows:

 (1) For watercraft, one hundred fifty dollars.
 (2) For trains, five hundred dollars.
 (3) For air common carriers, each company shall pay five hundred dollars.
 f. Class “E” retail alcohol license fees shall be determined as follows:

 (1) For premises located within the corporate limits of a city with a population of two thousand five hundred or less, a fee determined as follows:

 (a) For a premises with a square footage of one thousand five hundred or less, seven hundred fifty dollars.
 (b) For a premises with a square footage of more than one thousand five hundred but not more than two thousand, one thousand five hundred dollars.
 (c) For a premises with a square footage of more than two thousand but not more than five thousand, two thousand five hundred dollars.
 (d) For a premises with a square footage over five thousand, three thousand five hundred dollars.
 (2) For premises located within the corporate limits of a city with a population of more than two thousand five hundred but less than fifteen thousand, a fee determined as follows:

 (a) For a premises with a square footage of one thousand five hundred or less, one thousand five hundred dollars.
 (b) For a premises with a square footage of more than one thousand five hundred but not more than two thousand, two thousand five hundred dollars.
 (c) For a premises with a square footage of more than two thousand but not more than five thousand, three thousand five hundred dollars.
 (d) For a premises with a square footage over five thousand, five thousand dollars.
 (3) For premises located within the corporate limits of a city with a population of fifteen thousand or more, a fee determined as follows:

 (a) For a premises with a square footage of one thousand five hundred or less, two thousand five hundred dollars.
 (b) For a premises with a square footage of more than one thousand five hundred but not more than two thousand, three thousand five hundred dollars.
 (c) For a premises with a square footage of more than two thousand but not more than five thousand, five thousand dollars.
 (d) For a premises with a square footage over five thousand, seven thousand five hundred dollars.
 (4) For premises located outside the corporate limits of any city, a fee equal to that charged to a premises with the same square footage in the incorporated city located nearest the premises to be licensed. If there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if the premises is located in an unincorporated town, for purposes of this paragraph, the unincorporated town shall be treated as if it is a city.
 g. Class “F” retail alcohol license fees shall be six hundred dollars, except that for class “F” licenses in cities of less than two thousand population, and for clubs of less than two hundred fifty members, the license fee shall be four hundred dollars; however, the fee shall be two hundred dollars for any club which is a post, branch, or chapter of a veterans organization chartered by the Congress of the United States, if the club does not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week or more than a total of fifty-two days in a year, and if the application for a license states that the club does not and will not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week or more than a total of fifty-two days in a year.

Terms Used In Iowa Code 123.36

  • 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
  • Application: means a written request for the issuance of a permit, license, or certificate that is supported by a verified statement of facts and submitted electronically, or in a manner prescribed by the administrator. See Iowa Code 123.3
  • Beer: means any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts, or other agricultural products, containing more than one-half of one percent of alcohol by volume but not more than six and twenty-five hundredths percent of alcohol by volume. See Iowa Code 123.3
  • City: means a municipal corporation but not including a county, township, school district, or any special purpose district or authority. See Iowa Code 123.3
  • Club: means any nonprofit corporation or association of individuals, which is the owner, lessee, or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership. See Iowa Code 123.3
  • Commercial establishment: means a place of business which is at all times equipped with sufficient tables and seats to accommodate twenty-five persons at one time, and the licensed premises of which conform to the standards and specifications of the division. 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Native wine: means wine manufactured pursuant to section 123. 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
  • Retail alcohol license: means a class "B" class "C" special class "C" class "D" class "E" or class "F" retail alcohol license, or a special class "B" retail native wine license issued under this chapter. See Iowa Code 123.3
  • sell: means a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration. See Iowa Code 154A.1
  • Unincorporated town: means a compactly populated area recognized as a distinct place with a distinct place-name which is not itself incorporated or within the corporate limits of a city. See Iowa Code 123.3
  • United States: includes all the states. See Iowa Code 4.1
  • week: means seven consecutive days. See Iowa Code 4.1
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. The division shall credit all fees to the beer and liquor control fund. The division shall remit to the appropriate local authority a sum equal to sixty-five percent of the fees collected for each class “B”, class “C”, or class “F” license except special class “C” licenses or class “E” licenses, covering premises located within the local authority’s jurisdiction. The division shall remit to the appropriate local authority a sum equal to seventy-five percent of the fees collected for each special class “C” license covering premises located within the local authority’s jurisdiction. Those fees collected for each class “E” retail alcohol license shall be credited to the beer and liquor control fund.
 3. There is imposed a surcharge on the fee for each class “C”, special class “C”, or class “F” retail alcohol license equal to thirty percent of the scheduled license fee. The surcharges collected under this subsection shall be deposited in the beer and liquor control fund, and notwithstanding subsection 2, no portion of the surcharges collected under this subsection shall be remitted to the local authority.
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