§ 123.1 Public policy declared
§ 123.2 General prohibition
§ 123.3 Definitions
§ 123.4 Alcoholic beverages division created
§ 123.5 Alcoholic beverages commission created — appointment — removal — vacancies.
§ 123.6 Commission meetings
§ 123.7 Administrator appointed — duties.
§ 123.8 Duties of commission and administrator
§ 123.9 Powers of administrator
§ 123.10 Rules
§ 123.11 Compensation and expenses
§ 123.12 Exemption from suit
§ 123.13 Prohibitions on commission members and employees
§ 123.14 Alcoholic beverage control law enforcement
§ 123.15 Favors from licensee or permittee
§ 123.16 Annual report
§ 123.17 Beer and liquor control fund — allocations to substance abuse programs — use of civil penalties.
§ 123.18 Appropriations
§ 123.19 Distiller’s certificate of compliance — injunction — penalty.
§ 123.20 Powers
§ 123.21 Rules
§ 123.22 State monopoly
§ 123.23 Distiller’s certificate of compliance — injunction — penalty.
§ 123.24 Alcoholic liquor sales by the division — dishonored payments — liquor prices.
§ 123.25 Consumption on premises
§ 123.26 Restrictions on sales — seals — labeling.
§ 123.27 Sales and deliveries prohibited
§ 123.28 Restrictions on transportation
§ 123.29 Patent and proprietary products and sacramental wine
§ 123.30 Liquor control licenses — classes.
§ 123.31 Liquor control licenses — application contents.
§ 123.32 Action by local authorities and division on applications for liquor control licenses, native distilled spirits licenses, and wine and beer permits
§ 123.33 Records
§ 123.34 Expiration of licenses, permits, and certificates of compliance — seasonal, fourteen-day, and five-day licenses and permits — fees.
§ 123.35 Simplified renewal procedure — class “E” procedure.
§ 123.36 Liquor control license fees — Sunday sales.
§ 123.37 Exclusive power to license and levy taxes — disputed taxes.
§ 123.38 Nature of permit or license — surrender — transfer.
§ 123.38A Confidential investigative records
§ 123.39 Suspension or revocation of license or permit — civil penalty.
§ 123.40 Effect of revocation
§ 123.41 Manufacturer’s license — alcoholic liquor.
§ 123.42 Broker’s permit.
§ 123.43 Class “A” native distilled spirits license — application and issuance — fees.
§ 123.43A Native distilleries
§ 123.44 Gifts prohibited
§ 123.45 Limitations on business interests
§ 123.46 Consumption or intoxication in public places — notifications — chemical tests — expungement.
§ 123.46A Delivery of alcoholic beverages by retailers
§ 123.47 Persons under eighteen years of age, persons eighteen, nineteen, or twenty years of age, and persons twenty-one years of age and older
§ 123.47A Persons age eighteen, nineteen, and twenty — penalty.
§ 123.47B Parental and school notification — persons under eighteen years of age.
§ 123.48 Seizure of false or altered driver’s license or nonoperator’s identification card.
§ 123.49 Miscellaneous prohibitions
§ 123.50 Criminal and civil penalties
§ 123.50A Alcohol compliance employee training program
§ 123.51 Advertisements for alcoholic liquor, wine, or beer
§ 123.52 Prohibited sale
§ 123.53 Beer and liquor control fund — allocations to substance abuse — use of civil penalties.
§ 123.54 Appropriations
§ 123.55 Annual report
§ 123.56 Native wines
§ 123.57 Examination of accounts
§ 123.58 Auditing
§ 123.59 Bootlegging — penalties.
§ 123.60 Nuisances
§ 123.61 Penalty
§ 123.62 Injunction
§ 123.63 Temporary writ
§ 123.64 Notice
§ 123.65 Scope of injunction
§ 123.66 Trial of action
§ 123.67 General reputation
§ 123.68 Contempt
§ 123.69 Trial of contempt action
§ 123.70 Injunction against bootlegger
§ 123.71 Conditions on injunction proceeding
§ 123.72 Order of abatement of nuisance
§ 123.73 Use of abated premises
§ 123.74 Fees
§ 123.75 Proceeds of sale
§ 123.76 Abatement of nuisance
§ 123.77 Abatement before judgment
§ 123.78 Existing liens
§ 123.79 Abatement bond a lien
§ 123.80 Attested copies filed
§ 123.81 Forfeiture of bond
§ 123.82 Procedure
§ 123.83 Method of trial
§ 123.84 Judgment
§ 123.85 Appeal
§ 123.86 County attorney to prosecute
§ 123.87 Prompt service
§ 123.88 Evidence
§ 123.89 Counts
§ 123.90 Penalties generally
§ 123.91 Second and subsequent conviction
§ 123.92 Civil liability for dispensing or sale and service of any alcoholic beverage (Dramshop Act) — liability insurance — underage persons.
§ 123.93 Limitation of action
§ 123.94 Inurement of action prohibited
§ 123.95 Premises must be licensed — exception as to conventions and social gatherings.
§ 123.97 Covered into general fund
§ 123.98 Labeling shipments
§ 123.99 False statements
§ 123.100 Packages in transit
§ 123.101 Record of shipments
§ 123.102 Inspection of shipping records
§ 123.103 Record and certification upon delivery
§ 123.104 Unlawful delivery
§ 123.105 Immunity from damage
§ 123.106 Federal statutes
§ 123.107 Unnecessary allegations
§ 123.108 Second conviction defined
§ 123.109 Record of conviction
§ 123.110 Proof of sale
§ 123.111 Purchaser as witness
§ 123.112 Peace officer as witness
§ 123.113 Judgment lien
§ 123.114 Enforcement of lien
§ 123.115 Defense
§ 123.116 Right to receive alcoholic liquor, wine, or beer
§ 123.117 Delivery to sheriff
§ 123.118 Destruction
§ 123.119 Evidence
§ 123.120 Attempt to destroy
§ 123.121 Venue
§ 123.122 Beer certificate, permit, or license required — exception for personal use.
§ 123.123 Effect on liquor control licensees
§ 123.124 Beer permits — classes.
§ 123.125 Issuance of beer permits
§ 123.126 High alcoholic content beer — applicability.
§ 123.126A Canned cocktails — applicability.
§ 123.127 Class “A” and special class “A” beer permit application and issuance
§ 123.128 Class “B” beer permit application
§ 123.129 Class “C” beer permit application
§ 123.130 Authority under class “A” and special class “A” beer permits
§ 123.131 Authority under class “B” beer permit
§ 123.132 Authority under class “C” beer permit
§ 123.133 Sale on trains — bond.
§ 123.134 Beer permit fees — Sunday sales.
§ 123.135 Brewer’s certificate of compliance — penalties.
§ 123.136 Barrel tax
§ 123.137 Report of barrel sales — penalty.
§ 123.138 Records required — keg identification sticker.
§ 123.139 Separate locations — class “A” or special class “A” beer permit.
§ 123.140 Separate locations — class “B” or “C” beer permit.
§ 123.141 Keeping liquor where beer is sold
§ 123.142 Unlawful sale and importation
§ 123.143 Distribution of funds
§ 123.144 Bottling beer
§ 123.145 Labels on bottles, barrels, etc.— conclusive evidence.
§ 123.146 Importation of beer for personal use
§ 123.150 Sunday sales before New Year’s Day.
§ 123.151 Posting notice on drunk driving laws required
§ 123.153 Definitions
§ 123.154 Project — revenue bonds.
§ 123.155 Proceedings
§ 123.156 Bonds not debt of state
§ 123.157 Anticipatory notes
§ 123.158 Notice
§ 123.159 Exemption from taxation
§ 123.160 Bonds as investments
§ 123.161 Independent authorization
§ 123.162 Limitation
§ 123.171 Wine certificate, permit, or license required — exceptions for personal use.
§ 123.172 Effect on liquor control licensees
§ 123.173 Wine permits — classes — authority.
§ 123.173A Charity beer, spirits, and wine auction permit
§ 123.174 Issuance of wine permits
§ 123.175 Class “A” or retail wine permit application and issuance
§ 123.176 Native wines
§ 123.177 Authority under class “A” wine permit
§ 123.178 Authority under class “B” wine permit
§ 123.178A Authority under class “B” native wine permit
§ 123.178B Authority under class “C” native wine permit
§ 123.179 Permit fees
§ 123.180 Vintner’s certificate of compliance — wholesale and retail restrictions — penalties.
§ 123.181 Prohibited acts
§ 123.182 Labels — point of origin — conclusive evidence.
§ 123.183 Wine gallonage tax and related funds
§ 123.184 Report of gallonage sales — penalty.
§ 123.185 Records required
§ 123.186 Federal regulations adopted as rules — penalties.
§ 123.187 Direct shipment of wine — permit and requirements.
§ 123.188 Wine carrier — permit and requirements.

Terms Used In Iowa Code > Chapter 123

  • 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
  • Air common carrier: means a person engaged in transporting passengers for hire in interstate or foreign commerce by aircraft and operating regularly scheduled flights under a certificate of public convenience issued by the civil aeronautics board. 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 beverage: means any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor, wine, and beer. See Iowa Code 123.3
  • Alcoholic liquor: means the varieties of liquor defined in subsections 3 and 44 which contain more than five percent of alcohol by weight, beverages made as described in subsection 7 which beverages contain more than five percent of alcohol by weight or six and twenty-five hundredths percent of alcohol by volume but which are not wine as defined in subsection 48 or high alcoholic content beer as defined in subsection 20, and every other liquid or solid, patented or not, containing spirits and every beverage obtained by the process described in subsection 48 containing more than seventeen percent alcohol by weight or 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
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Application: means a written request for the issuance of a permit or license 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
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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 five percent of alcohol by weight or six and twenty-five hundredths percent of alcohol by volume but not including mixed drinks or cocktails mixed on the premises. 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
  • Brewpub: means a commercial establishment authorized to sell beer at retail for consumption on or off the premises that is operated by a person who holds a class "C" liquor control license or a class "B" beer permit and who also holds a special class "A" beer permit that authorizes the holder to manufacture and sell beer pursuant to this chapter. See Iowa Code 123.3
  • Broker: means a person who represents or promotes alcoholic liquor within the state on behalf of the holder of a distiller's certificate of compliance, a manufacturer's license, or a class "A" native distilled spirits license. See Iowa Code 123.3
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • 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
  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • 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
  • Commission: means the alcoholic beverages commission established by this chapter. See Iowa Code 123.3
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Designated security employee: means an agent, contract employee, independent contractor, servant, or employee of a licensee or permittee who works in a security position in any capacity at a commercial establishment licensed or permitted under this chapter. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • executor: includes administrator, and the term "administrator" includes executor, where the subject matter justifies such use. See Iowa Code 4.1
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grape brandy: means brandy produced by the distillation of fermented grapes or grape juice. See Iowa Code 123.3
  • Grocery store: means any retail establishment, the business of which consists of the sale of food, food products, or beverages for consumption off the premises. See Iowa Code 123.3
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • High alcoholic content beer: means beer which contains more than five percent of alcohol by weight or six and twenty-five hundredths percent of alcohol by volume, but not more than twelve percent of alcohol by weight or fifteen percent of alcohol by volume, that is 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. See Iowa Code 123.3
  • Import: means the transporting or ordering or arranging the transportation of alcoholic liquor, wine, or beer into this state whether by a resident of this state or not. See Iowa Code 123.3
  • Importer: means the person who transports or orders, authorizes, or arranges the transportation of alcoholic liquor, wine, or beer into this state whether the person is a resident of this state or not. See Iowa Code 123.3
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal age: means twenty-one years of age or more. See Iowa Code 123.3
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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 beer or wine permits and liquor control licenses; empowered to recommend that such permits or 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
  • Manufacture: means to distill, rectify, ferment, brew, make, mix, concoct, or process any substance capable of producing a beverage containing more than one-half of one percent of alcohol by volume and includes blending, bottling, or the preparation for sale. See Iowa Code 123.3
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • motel: means premises licensed by the department of inspections and appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty or more sleeping rooms. See Iowa Code 123.3
  • Native distilled spirits: means spirits fermented, distilled, or, for a period of two years, barrel matured on the licensed premises of the native distillery where fermented, distilled, or matured. See Iowa Code 123.3
  • Native distillery: means a business with an operating still which produces and manufactures native distilled spirits. See Iowa Code 123.3
  • Native wine: means wine manufactured pursuant to section 123. See Iowa Code 123.3
  • oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". See Iowa Code 4.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Package: means any container or receptacle used for holding alcoholic liquor. See Iowa Code 123.3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, association, partnership, corporation, club, hotel or motel, or municipal corporation owning or operating a bona fide airport, marina, park, coliseum, auditorium, or recreational facility in or at which the sale of alcoholic liquor, wine, or beer is only an incidental part of the ownership or operation. See Iowa Code 123.3
  • Person of good moral character: means any person who meets all of the following requirements:
  • Pharmacy: means a drug store in which drugs and medicines are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists, prescribing psychologists, or veterinarians are compounded and sold by a registered pharmacist. See Iowa Code 123.3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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 liquor control license, wine permit, or beer permit. See Iowa Code 123.3
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • property: includes personal and real property. See Iowa Code 4.1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public place: means any place, building, or conveyance to which the public has or is permitted access. See Iowa Code 123.3
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residence: means the place where a person resides, permanently or temporarily. See Iowa Code 123.3
  • Retail beer permit: means a class "B" or class "C" beer permit issued under the provisions of this chapter. See Iowa Code 123.3
  • Retail wine permit: means a class "B" wine permit, class "B" native wine permit, or class "C" native wine permit issued under this chapter. See Iowa Code 123.3
  • Retailer: means any person who shall sell, barter, exchange, offer for sale, or have in possession with intent to sell any alcoholic liquor, wine, or beer for consumption either on or off the premises where sold. See Iowa Code 123.3
  • Rule: includes "regulation". See Iowa Code 4.1
  • School: means a public or private school or that portion of a public or private school which provides facilities for teaching any grade from kindergarten through grade twelve. See Iowa Code 123.3
  • seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
  • Spirits: means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, but not limited to, brandy, rum, whisky, and gin. See Iowa Code 123.3
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • undertaking: means a promise or security in any form. See Iowa Code 4.1
  • 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
  • Warehouse: means any premises or place primarily constructed or used or provided with facilities for the storage in transit or other temporary storage of perishable goods or for the conduct of normal warehousing business. See Iowa Code 123.3
  • week: means seven consecutive days. See Iowa Code 4.1
  • Wholesaler: means any person, other than a vintner, brewer or bottler of beer or wine, who shall sell, barter, exchange, offer for sale, have in possession with intent to sell, deal or traffic in alcoholic liquor, wine, or beer. See Iowa Code 123.3
  • Wine: means any beverage containing more than five percent of alcohol by weight but not more than seventeen percent of alcohol by weight or 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • year: means twelve consecutive months. See Iowa Code 4.1