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

A holder of a license, permit, or certificate of compliance issued by the department under this chapter shall not manufacture, import, or sell at wholesale in this state an alcoholic beverage containing tetrahydrocannabinol, including any isomers, derivatives, or analogs of tetra…

1. An alcoholic beverages commission is created within the department. The commission is composed of five members, not more than three of whom shall belong to the same political party. 2. Members shall be appointed by the governor, subject to confirmation by the senate. Appointme…

1. Any person who violates any of the provisions of section 123.49 , except section 123.49, subsection 2 , paragraph “h” , or who fails to affix upon sale, defaces, or fails to record a keg identification label or produce a record of keg identification labels pursuant to section …

1. If sufficient funding is appropriated, the department shall develop an alcohol compliance employee training program, not to exceed two hours in length for employees and prospective employees of licensees and permittees, to inform the employees about state laws and regulations …

1. No signs or other matter advertising any brand of alcoholic liquor, beer, or wine shall be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell alcoholic liquor, beer, or wine at retail. However, signs or other advertising m…

No person not expressly authorized by this chapter to deal in alcoholic liquors shall within the state keep for sale or offer for sale anything which is capable of being mistaken for a package containing alcoholic liquor and is either labeled or branded with the name of any kind …

1. A public safety nuisance exists at a licensed premises for purposes of this section when it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron, or guest of the licensed premises commits any of the following acts on the lice…

The financial condition and transactions of all offices, departments, warehouses, and depots concerning the alcohol beverage control activities of the department shall be examined at least once each year by the state auditor and at shorter periods if requested by the director, go…

All provisions of sections 11.6 , 11.11 , 11.14 , 11.21 , 11.31 , and 11.41 , relating to auditing of financial records of governmental subdivisions which are not inconsistent with this chapter are applicable to the department and its offices, warehouses, and depots under this ch…

1. Any person who, acting individually, or through another acting for the person, keeps or carries on the person, or in a vehicle, or leaves in a place for another to secure, any alcoholic liquor, wine, or beer, with intent to sell or dispense the liquor, wine, or beer, in violat…

The commission shall meet on or before July 1 of each year for the purpose of selecting one of its members as chairperson for the succeeding year. The commission shall meet at the call of the chairperson or director or when three members file a written request for a meeting. Writ…

The premises where the unlawful manufacture or sale, or keeping with intent to sell, use or give away, of alcoholic liquors, wine, or beer is carried on, and any vehicle or other means of conveyance used in transporting liquor, wine, or beer in violation of law, and the furniture…

Any person who erects, establishes, or uses any premises for any of the purposes prohibited in section 123.60 , is guilty of nuisance and shall be subject to the general penalties provided by this chapter . [C51, §935; R60, §1564; C73, §1543; C97, §2384; C24, 27, 31, §1930; C35, …

Actions to enjoin nuisances shall be brought in equity in the name of the state by the county attorney who shall prosecute the same to judgment. [R60, §1564; C73, §1543; C97, §2405, 2406; S13, §2406; SS15, §2405; C24, 27, 31, §2017; C35, §1921-f62, 2017; C39, § 1921.062, 2017; C4…

In an action to enjoin a nuisance, the court shall, upon the presentation of a petition, allow a temporary writ of injunction without bond, if the petitioner provides evidence to the satisfaction of the court, in the form of affidavits, depositions, oral testimony, or otherwise, …

Three days’ notice in writing shall be given the defendant of the hearing of the application, and if then continued at the defendant’s instance the writ as petitioned for shall be granted as a matter of course. [C97, §2405; SS15, §2405; C24, 27, 31, §2019; C35, §1921-f64, 2019; C…

When an injunction has been granted, it shall be binding upon the defendant throughout the state and any violation of the provisions of this chapter anywhere within the state shall be punished as a contempt as provided in section 123.68 . [C97, §2405; SS15, §2405; C24, 27, 31, §2…

Any action brought to enjoin a nuisance or to establish a violation of the injunction shall be accorded priority over other business pending before the district court. [C97, §2406; S13, §2406; C24, 27, 31, §2021; C35, §1921-f66, 2021; C39, § 1921.066, 2021; C46, 50, 54, 58, 62, 6…

In all actions to enjoin a nuisance or to establish a violation of the injunction, evidence of the general reputation of the premises described in the petition or information shall be admissible for the purpose of proving the existence of the nuisance or the violation of the inju…

In the case of a violation of any injunction granted under the provisions of this chapter , the court may summarily try and punish the defendant pursuant to the general penalties provided by this chapter . The proceedings shall be commenced by filing with the clerk of the court a…

The trial shall be as in equity and may be had upon depositions, or either party may demand the production and oral examination of the witnesses. [C97, SS15, §2407; C24, 27, 31, §2028; C35, §1921-f69, 2028; C39, § 1921.069, 2028; C46, 50, 54, 58, 62, 66, 71, §123.69, 128.14; C73,…

The director shall supervise the daily operations of the department under this chapter and shall execute the alcoholic beverage control policies of the department. [C73, 75, 77, 79, 81, §123.10 ] 86 Acts, ch 1245, §735 ; 2013 Acts, ch 35, §20 ; 2015 Acts, ch 30, §204 C2016, §123.…

A bootlegger as defined in section 123.59 may be restrained by injunction from doing or continuing to do any of the acts prohibited herein, and all the proceedings for injunctions, temporary and permanent, and for punishments for violation of the same as prescribed herein, shall …

A bootlegger injunction proceeding, as provided in this chapter , shall not be maintained unless it is shown to the court that efforts in good faith have been made to discover the base of supplies or place where the defendant charged as a bootlegger conducts an unlawful business …

If the existence of a nuisance is established in a civil or criminal action, an order of abatement shall be entered as a part of the judgment in the case. The order shall direct the confiscation of all alcoholic liquor, wine, or beer by the state; the removal from the premises in…

If any person uses a premises closed pursuant to an abatement order in violation of such order the person shall be punished for contempt as provided in this chapter . [C97, §2408; C24, 27, 31, §2033; C35, §1921-f74, 2033; C39, § 1921.074, 2033; C46, 50, 54, 58, 62, 66, 71, §123.7…

For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as the officer would for levying upon and selling like property on execution; and for closing the premises and keeping them closed a reasonable sum shall be allowed by…

The proceeds of the sale of personal property in abatement proceedings shall be applied first in payment of the costs of the action and abatement, and second to the satisfaction of any fine and costs adjudged against the proprietor of the premises and keeper of said nuisance, and…

If the owner of the abated premises appears and pays all costs of the proceeding and files a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that the owner will immediately abate the nuisance and preven…

If the action is in equity and the owner of the premises pays the costs of the action and files the bond prior to the entry of judgment and the abatement order, such action shall be abated as to the premises only. [C97, §2410; S13, §2410; C24, 27, 31, §2037; C35, §1921-f78, 2037;…

The release of the property under the provisions of either section 123.76 or 123.77 shall not release it from any judgment lien, penalty, or liability, to which it may be subject by law. [C97, §2410; S13, §2410; C24, 27, 31, §2038; C35, §1921-f79, 2038; C39, § 1921.079, 2038; C46…

Undertakings of bonds for abatement shall immediately after filing by the clerk of the district court be docketed and entered upon the lien index as required for judgments in civil cases, and from the time of such entries shall be liens upon real estate of the persons executing t…

1. The commission, in addition to the duties specifically enumerated in this chapter , shall serve in an advisory capacity to the director and department. 2. The commission may provide advice and make recommendations regarding the actions of the director under this chapter , incl…

Attested copies of such undertakings may be filed in the office of the clerk of the district court of the county in which the real estate is situated in the same manner and with like effect as attested copies of judgments, and shall be immediately docketed and indexed in the same…

If the owner of a property who has filed an abatement bond as provided in this chapter fails to abate the alcoholic liquor, wine, or beer nuisance on the premises covered by the bond, or fails to prevent the maintenance of any alcoholic liquor, wine, or beer nuisance on the premi…

A proceeding to forfeit an abatement bond shall be commenced by filing with the clerk of the court, by the county attorney of the county where the bond is filed, an application under oath to forfeit such bond, setting out the alleged facts constituting the violation of the terms …

The trial of an action filed pursuant to section 123.82 shall be to the court and as in equity, and be governed by the same rules of evidence as contempt proceedings. [C24, 27, 31, §2043; C35, §1921-f84, 2043; C39, § 1921.084, 2043; C46, 50, 54, 58, 62, 66, 71, §123.84, 128.30; C…

If the court after a hearing in an action filed pursuant to section 123.82 finds an alcoholic liquor, wine, or beer nuisance has been maintained on the premises covered by the abatement bond and that alcoholic liquor, wine, or beer has been sold or kept for sale on the premises c…

Appeal from a judgment and decree entered pursuant to section 123.84 may be taken as in equity cases and the cause be triable de novo except that if the state appeals it need not file an appeal or supersedeas bond. [C24, 27, 31, §2045; C35, §1921-f86, 2045; C39, § 1921.086, 2045;…

It shall be the duty of the county attorney to prosecute in the name of the state all forfeitures of abatement bonds and the foreclosures of same. [C24, 27, 31, §2047; C35, §1921-f87, 2047; C39, § 1921.087, 2047; C46, 50, 54, 58, 62, 66, 71, §123.87, 128.34; C73, 75, 77, 79, 81, …

It shall be a simple misdemeanor for any peace officer to delay service of original notices, writs of injunction, writs of abatement, or warrants for contempt in any equity case filed for injunction or abatement by the state. [C24, 27, 31, §2049; C35, §1921-f88, 2049; C39, § 1921…

On the issue whether a party knew or ought to have known of a nuisance described under section 123.60 , evidence of the general reputation of the place shall be admissible. [C24, 27, 31, §2053; C35, §1921-f89, 2053; C39, § 1921.089, 2053; C46, 50, 54, 58, 62, 66, 71, §123.89, 128…

Informations or indictments under this chapter may allege any number of violations of its provisions by the same party, but the several charges must be set out in separate counts, and the accused may be convicted and punished upon each one as on separate informations or indictmen…

The director, in executing the alcoholic beverage control functions of the department, shall have the following duties and powers: 1. To receive alcoholic liquors on a bailment system for resale by the department in the manner set forth in this chapter . 2. To rent, lease, or equ…

Unless other penalties are provided in this chapter , any person, except a person under legal age, who violates any of the provisions of this chapter , or who makes a false statement concerning any material fact in submitting an application for a permit or license, shall be guilt…

Unless otherwise provided by law, a person who has been convicted in a criminal action in any court of record of a violation of a provision of this chapter , except for a violation of section 123.46 , or a provision of the laws of the United States or of any other state relating …