SSB 1076

The definition of “application” is amended by adding certificate. The definition of “licensed premises” is amended by striking areas susceptible of precise definition from what may constitute a single licensed premises. The definition of “local authority” is amended to include a designee of a city council or county board of supervisors. _____ amended to add limited liability companies and to add, in relation to corporations and limited liability companies, other similar legal entities. The bill also adds definitions for “completed application”, “mixed drink or cocktail”, “native brewery”, and “private place”. “Completed application” is defined as an application for a license, permit, or certificate where all necessary fees or bonds have been paid or submitted and the applicant has provided all information to the alcoholic beverages division. The bill makes corresponding changes in Code chapter 123 referencing the requirement to file a completed application for a particular license, permit, or certificate. “Mixed drink or cocktail” is defined as an alcoholic beverage, consisting in whole or in part of alcoholic liquors, that is combined with other alcoholic or nonalcoholic beverages. “Native brewery” is defined as a business that manufactures beer or high alcoholic content beer by a person holding a class “A” beer permit that authorizes the manufacture. “Private place” is defined as a location which, at the time alcoholic beverages are kept, dispensed, or consumed, does not provide access to the general public, limits access to bona fide social hosts and invited guests, is not of a commercial nature, does not provide for the sale and purchase of goods and services, is not a licensed premises, and does not charge admission.10, concerning rules, is amended to authorize the alcoholic beverages division to prescribe a uniform fee to be assessed against certain licensees and permittees to recover administrative costs incurred relating to the failure of a licensee or permittee to maintain dramshop liability insurance coverage and for contested case proceedings. _____ beverages division, county attorneys and sheriffs and deputy sheriffs, and city police departments. The rewritten section also provides that investigators and compliance officers of the alcoholic beverages division shall have the power and authority of peace officers as it relates to alcoholic beverage control. The rewritten section also strikes a provision relating to access to certain records within the alcoholic beverages division by the department of public safety.38A to provide access to law enforcement for certain confidential investigative records.23, concerning distiller’s certificate of compliance, is amended to specifically provide that the general penalty provisions of the Code chapter apply to any violation of the Code chapter or rules adopted pursuant to the Code chapter by a holder of a distiller’s certificate of compliance.24, relating to liquor prices, is amended to contain all current provisions of the Code section relating to establishing liquor prices sold by the alcoholic beverages division in a new Code subsection.27, concerning sales and deliveries of alcoholic liquor from the state warehouse, is amended to eliminate the restriction on sales and deliveries on Sunday.30, concerning liquor control licenses, is amended. The bill provides that a liquor control license not be issued for a premises that does not constitute a safe and proper place or building. The bill also strikes a provision that allowed a person holding a liquor control license to permit a customer to carry an open container of alcoholic liquor from the licensed premises to an adjacent licensed premises, temporary closed public right-of-way, or private property. _____ included on the application for a license.32, concerning action by local authorities and the alcoholic beverages division on applications for certain licenses and permits is amended. The bill provides that liquor control licenses and permits currently required to be filed with the appropriate city council or county board of supervisors may also be filed with a designee of the city or county board of supervisors. The bill adds a completed application for a certificate of compliance to the list of applications covered by the Code section and specifically lists all completed applications for licenses, permits, and certificates that shall be submitted to the alcoholic beverages division. The bill also allows the administrator of the alcoholic beverages division to notify an applicant of a disapproval of an application by personal service.34, concerning seasonal and shorter duration licenses and permits, is amended to specifically authorize these types of permits for class “B” and class “C” native wine permits and to provide for the appropriate fee for these shorter duration class “B” and class “C” native wine permits.36, concerning liquor control license fees, is amended to eliminate the additional tax imposed on an air common carrier for a class “D” license.38A provides for the confidential treatment of investigative information in the possession of the alcoholic beverages division before administrative or criminal charges are filed. The new Code section authorizes the disclosure of information to other law enforcement or regulatory agencies, including other licensing authorities in other jurisdictions.17, subsection 7.41, concerning manufacturer’s licenses, is amended to specifically provide that the general penalty provisions of the Code chapter apply to any violation of the Code chapter or rules adopted pursuant to the Code chapter by a holder of a manufacturer’s license.43, concerning class “A” native distilled spirits license applications and issuance, is amended to provide that officers, directors, and persons owning at least 10 percent of stock in a limited liability company or other similar legal entity shall be included on the application for a license.43A, concerning native distilleries, is amended to eliminate the restriction on the number of class “A” native distilled spirits licenses that may be issued to a person.49, miscellaneous provisions, is amended to provide that the exception on certain prohibitions relating to the keeping of any alcoholic liquor in certain containers for common carriers holding a class “D” liquor control license applies to all holders of that license.56, concerning native wines, is amended.179 providing for wine permit fees. The bill also requires a person who manufactures native wine to file with the division the records that are filed monthly with the alcohol and tobacco tax and trade bureau of the United States department of the treasury.176.146.127, concerning class “A” and special class “A” beer permit applications, is amended to provide that officers, directors, and persons owning at least 10 percent of stock in a limited liability company or other similar legal entity shall be included on the application for the permit.130, concerning authority under a class “A” and special class “A” beer permit, is amended to provide that a holder of a class “A” beer permit may sell beer to distributors outside Iowa, pursuant to the laws of that jurisdiction, to provide that a native brewery may be granted not more than one class “B” beer permit for selling beer at the manufacturing facility, and to require a person who manufactures beer to file with the alcoholic beverages division the records it files monthly with the alcohol and tobacco tax and trade bureau of the United States department of the treasury.131, concerning authority under a class “B” beer permit, is amended. The bill provides that sales of beer for consumption off the premises in a container that is not the original container may be carried into an immediately adjacent premises only if the premises is covered by a license or permit that allows the consumption of beer.135, concerning a brewer’s certificate of compliance, is amended to provide that the general penalty provisions of Code chapter 123 apply to any violation of the Code chapter or rules adopted pursuant to the Code chapter by a holder of a brewer’s certificate of compliance.136, concerning the barrel tax on beer, is amended to provide that the exceptions for tax applicable to class “A” beer permittees also applies to special class “A” beer permittees. _____ penalty provisions of Code chapter 123 apply to any violation of the Code chapter or rules adopted pursuant to the Code chapter by a holder of an auction permit.175, concerning class “A” or retail wine permit applications, is amended to provide that officers, directors, and persons owning at least 10 percent of stock in a limited liability company or other similar legal entity shall be included on the application for the permit.177, concerning authority under a class “A” wine permit, is amended to provide that a holder of a class “A” wine permit may sell wine to distributors outside Iowa, pursuant to the laws of that jurisdiction.56.180, concerning a vintner’s certificate of compliance, is amended to provide that the general penalty provisions of Code chapter 123 apply to any violation of the Code chapter or rules adopted pursuant to the Code chapter by a holder of a vintner’s certificate or a class “A” permit.183, concerning the wine gallonage tax, is amended to provide that the tax shall not be levied on wine sold by a class “A” wine permittee to a distributor outside of the state. 11, and not just those regulations as they relate to transactions between wholesalers and retailers.187, concerning the direct shipment of wine, is amended by striking provisions relating to a wine carrier permit.188.146, relating to importation of beer for personal use, are repealed.