Title IV, PUBLIC HEALTH (Ch. 123 - 158)

The records required by section 123.101 shall, during business hours, be open to inspection by any peace or law enforcing officer. It is a simple misdemeanor to refuse such inspection. [SS15, §2421-c, -d; C24, 27, 31, 35, 39, § 1941; C46, 50, 54, 58, 62, 66, 71, §125.21; C73, 75,…

The full name and residence or place of business of the consignee of a shipment billed in whole or in part as alcoholic liquor, wine, or beer, shall be properly recorded at the time of delivery and the consignee shall certify that the alcoholic liquor, wine, or beer is for the co…

It is a simple misdemeanor for any corporation, common carrier, person, or any agent or employee thereof: 1. To deliver any alcoholic liquor, wine, or beer to any person other than to the consignee. 2. To deliver any alcoholic liquor, wine, or beer without having the same properl…

In no case shall any corporation, common carrier, person, or the agent thereof, be liable in damages for complying with any requirements of this chapter . [SS15, §2421-c; C24, 27, 31, 35, 39, § 1944; C46, 50, 54, 58, 62, 66, 71, §125.24; C73, 75, 77, 79, 81, §123.105 ]

The requirements of this chapter relative to the shipment and delivery of alcoholic liquor, wine, or beer and the records to be kept thereof shall be construed in harmony with federal statutes relating to interstate commerce in such liquor, wine, or beer. [SS15, §2421-e; C24, 27,…

1. In any indictment or information under this chapter , it shall not be necessary: a. To set out exactly the kind or quantity of alcoholic liquor, wine, or beer manufactured, sold, given in evasion of the statute, or kept for sale. b. To set out the exact time of manufacture, sa…

The second or subsequent convictions provided for in this chapter shall be convictions on separate informations or indictments, and, unless shown in the information or indictment, the charge shall be held to be for a first offense. [R60, §1562; C73, §1540; C97, §2425; C24, 27, 31…

On the trial of any cause in which the accused is charged with a second or subsequent offense, a duly authenticated copy of the former judgment in any court in which such conviction was had shall be competent evidence of such former conviction. [SS15, §2461-n; C24, 27, 31, 35, 39…

Members of the commission, the director, and other employees of the department shall be allowed their actual and necessary expenses while traveling on business of the department under this chapter outside of their place of residence, however, an itemized account of such expenses …

It shall not be necessary in every case to prove payment in order to prove a sale within the meaning and intent of this chapter . [R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, § 1957; C46, 50, 54, 58, 62, 66, 71, §126.12; C73, 75, 77, 79, 81, §123.110 ]

The person purchasing any alcoholic liquor, wine, or beer sold in violation of this chapter shall in all cases be a competent witness to prove such sale. [R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, § 1958; C46, 50, 54, 58, 62, 66, 71, §126.13; C73, 75, 77, 79, 81, §…

Every peace officer shall give evidence, when called upon, of any facts within the peace officer’s knowledge tending to prove a violation of the provisions of this chapter . [R60, §1578; C73, §1551; C97, §2428; S13, §2428; C24, 27, 31, 35, 39, § 1959; C46, 50, 54, 58, 62, 66, 71,…

For all fines and costs assessed or judgments rendered of any kind against any person for a violation of any provision of this chapter , or costs paid by the county on account of such violation, the personal and real property of the violator, whether exempt or not, except the hom…

Costs paid by the county for the prosecution of actions or proceedings, civil or criminal, under this chapter , as well as the fines inflicted or judgments rendered, may be enforced against the property upon which the lien attaches by execution, or by action against the owner of …

In any prosecution under this chapter for the unlawful transportation of alcoholic liquor, wine, or beer it shall be a defense that the character and contents of the shipment or thing transported were not known to the accused or to the accused’s agent or employee. [C97, §2419; C2…

The consignee of alcoholic liquor, wine, or beer shall, on demand of the carrier transporting such alcoholic liquor, wine, or beer, furnish the carrier, at the place of delivery, with legal proof of the consignee’s legal right to receive such alcoholic liquor, wine, or beer at th…

If such proof is not furnished the carrier within ten days after demand, the carrier may deliver such liquor, wine, or beer to the sheriff of the county embracing the place of delivery, and such delivery shall absolve the carrier from all liability pertaining to such liquor, wine…

The sheriff shall, on receipt of such liquor, wine, or beer from the carrier, report the receipt to the district court of the sheriff’s county, and the court shall proceed to summarily enter an order for the destruction or forfeiture to the state of such liquor, wine, or beer. [C…

In all actions, civil or criminal, under the provisions of this chapter , the finding of alcoholic liquors or of instruments or utensils used in the manufacture of alcoholic liquors, or materials which are being used, or are intended to be used in the manufacture of alcoholic liq…

A commission member or officer or employee of the department shall not be personally liable for damages sustained by any person due to the act of such member, officer, or employee performed in the reasonable discharge of the member’s, officer’s, or employee’s duties as enumerated…

The destruction of or attempt to destroy any liquid by any person while in the presence of peace officers or while a property is being searched by a peace officer, shall be competent evidence that such liquid is alcoholic liquor, wine, or beer and intended for unlawful purposes. …

1. In any prosecution under this chapter for the unlawful sale of alcoholic liquor, wine, or beer, including a sale which requires a shipment or delivery of the alcoholic liquor, wine, or beer, shall be deemed to be made in the county in which the delivery is made by the carrier …

1. A person shall not cause the manufacture, importation, or sale of beer in this state unless a certificate or permit as provided in this subchapter , or a retail alcohol license as provided in subchapter I of this chapter , is first obtained which authorizes that manufacture, i…

Permits for the manufacture and sale, or sale, of beer shall be known as class “A” and special class “A”. A holder of a class “A” or special class “A” beer permit shall have the authority as provided in section 123.130 . [C35, §1921-f98; C39, § 1921.097; C46, 50, 54, 58, 62, 66, …

The director shall issue class “A” and special class “A” beer permits and may suspend or revoke permits for cause as provided in this chapter . [C35, §1921-f98; C39, § 1921.097; C46, 50, 54, 58, 62, 66, 71, §124.3; C73, 75, 77, 79, 81, §123.125 ] 89 Acts, ch 221, §2 ; 2010 Acts, …

Unless otherwise provided by this chapter , the provisions of this chapter applicable to beer shall also apply to high alcoholic content beer. 2010 Acts, ch 1189, §42, 43

1. Unless otherwise provided by this chapter , the provisions of this chapter applicable to beer shall also apply to canned cocktails. 2. Notwithstanding any provision of this chapter to the contrary, a manufacturer of beer may obtain and possess alcoholic liquor from the departm…

1. A person applying for a class “A” or special class “A” beer permit shall submit a completed application electronically, or in a manner prescribed by the director, which shall set forth under oath the following: a. The name and place of residence of the applicant. b. The names …

1. Commission members, officers, and employees of the department under this chapter shall not, while holding such office or position, do any of the following: a. Hold any other office or position under the laws of this state, or any other state or territory or of the United State…

1. a. Any person holding a class “A” beer permit issued by the department shall be authorized to manufacture and sell, or sell at wholesale, beer for consumption off the premises, such sales within the state to be made only to persons holding a subsisting class “A” beer permit, o…

1. The annual permit fee for a class “A” beer permit is seven hundred fifty dollars. 2. The annual permit fee for a class “A” beer permit for a native brewery is three hundred dollars. 3. The annual permit fee for a special class “A” beer permit is three hundred dollars. [C35, §1…

1. A manufacturer, brewer, bottler, importer, or vendor of beer, or any agent thereof, desiring to ship or sell beer, or have beer brought into this state for resale by a class “A” beer permittee, shall first make application for and be issued a brewer’s certificate of compliance…

1. In addition to the annual permit fee to be paid by all class “A” beer permittees under this chapter there shall be levied and collected from the permittees on all beer manufactured for sale or sold in this state at wholesale and on all beer imported into this state for sale at…

1. a. Except as provided in paragraph “b” , a person holding a class “A” or special class “A” beer permit shall, on or before the tenth day of each calendar month commencing on the tenth day of the calendar month following the month in which the person is issued a beer permit, ma…

1. Each class “A” or special class “A” beer permittee shall keep proper records showing the amount of beer sold by the permittee, and these records shall be at all times open to inspection by the director and to other persons pursuant to section 123.30, subsection 1 . Each retail…

A class “A” or special class “A” beer permittee having more than one place of business is required to have a separate beer permit for each separate place of business maintained by the permittee where beer is manufactured, stored, warehoused, or sold. [C35, §1921-f121; C39, § 1921…

1. The department of public safety is the primary alcoholic beverage control law enforcement authority for this state. 2. The county attorney, the county sheriff and the sheriff’s deputies, and the police department of every city, and the department, shall be supplementary aids t…

No alcoholic liquor for beverage purposes shall be used, or kept for any purpose in the place of business of a special class “C” retail alcohol licensee, or on the premises of such special class “C” retail alcohol licensee, at any time. A violation of any provision of this sectio…

1. It is unlawful for the holder of a retail alcohol license issued under this chapter to sell beer, except beer brewed on the premises covered by a special class “A” beer permit or beer purchased from a person holding a class “A” beer permit issued in accordance with this chapte…

The revenues obtained from permit fees and the barrel tax collected under the provisions of this chapter shall be distributed as follows: 1. All permit fees collected by the department under this subchapter shall accrue to the beer and liquor control fund, except as otherwise pro…

Labels on bottles, barrels, etc. — conclusive evidence. The label on any bottle, keg, barrel, or other container in which beer is offered for sale in this state, representing the alcoholic content of such beer as being in excess of five percent by weight shall be conclusive evide…

A person responsible for the administration or enforcement of this chapter shall not accept or solicit donations, gratuities, political advertising, gifts, or other favors, directly or indirectly, from any retail alcohol licensee, wine permittee, or beer permittee. [C35, §1921-f2…

The department shall cause to be prepared an annual report to the governor of the state, ending with June 30 of each fiscal year, on the operation and financial position of the department under this chapter for the preceding fiscal year. The report shall include but is not limite…

1. There shall be established within the office of the treasurer of state a fund to be known as the beer and liquor control fund. The fund shall consist of any moneys appropriated by the general assembly for deposit in the fund and moneys received from the sale of alcoholic liquo…

1. A person shall not cause the manufacture, importation, or sale of wine in this state unless a certificate or permit as provided in this subchapter , or a retail alcohol license as provided in subchapter I of this chapter , is first obtained which authorizes that manufacture, i…

1. Except as provided in section 123.187 , a permit exclusively for the manufacture and sale of wine shall be known as a class “A” wine permit. 2. A class “A” wine permit allows the holder to manufacture and sell, or sell at wholesale, in this state, wine. The holder of a class “…