A bill for an act relating to transferring alcoholic beverages between the premises of certain retail alcohol licensees with identical ownership.(Formerly HSB 712 .)

House

File

2647

-

Introduced

HOUSE

FILE

2647

BY

COMMITTEE

ON

STATE

GOVERNMENT

(SUCCESSOR

TO

HSB

712)

A

BILL

FOR

An

Act

relating

to

transferring

alcoholic

beverages

between

the

1

premises

of

certain

retail

alcohol

licensees

with

identical

2

ownership.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

TLSB

6116HV

(1)

91

jm/ns

H.F.

2647

Section

1.

Section

123.46A,

subsection

1,

Code

2026,

is

1

amended

to

read

as

follows:

2

1.

Licensees

authorized

to

sell

alcoholic

liquor,

wine,

3

or

beer

in

original

unopened

containers

for

consumption

off

4

the

licensed

premises

may

deliver

alcoholic

liquor,

wine,

5

or

beer

to

a

home

,

another

licensed

premises

if

there

is

6

identical

ownership

of

the

premises

by

the

licensee,

or

7

other

designated

location

in

this

state.

Deliveries

shall

be

8

limited

to

alcoholic

beverages

authorized

by

the

licensee’s

9

license.

Orders

delivered

to

another

licensed

premises

shall

10

contain

only

those

alcoholic

beverages

authorized

for

sale

11

by

the

retail

alcohol

license

covering

the

premises

to

which

12

the

alcoholic

beverages

will

be

delivered.

Orders

delivered

13

to

another

licensed

premises

shall

be

fulfilled

using

the

14

alcoholic

beverages

inventory

owned

by

the

licensee

who

will

15

receive

the

order

for

delivery.

If

the

recipient

refuses

or

16

fails

to

pick

up

the

delivery,

or

is

ineligible

to

receive

the

17

delivery,

the

alcoholic

beverages

shall

be

returned

to

the

18

licensee

who

fulfilled

the

order.

19

Sec.

2.

NEW

SECTION

.

123.46B

Transfers

of

alcoholic

liquor

20

by

retailers.

21

1.

Notwithstanding

any

other

provision

of

this

chapter

22

to

the

contrary,

a

licensee

authorized

to

sell

alcoholic

23

liquor

in

original

unopened

containers

for

consumption

off

24

the

licensed

premises

may

transfer

alcoholic

liquor

between

25

licensed

premises

with

identical

ownership

as

the

transferring

26

licensee,

and

the

transfer

shall

not

be

considered

a

delivery

27

under

section

123.46A.

28

2.

A

transfer

pursuant

to

subsection

1

shall

be

considered

29

inventory

owned

by

the

licensee

transferring

the

alcoholic

30

liquor

until

placement

on

the

premises

of

the

licensee

31

receiving

the

alcoholic

liquor,

at

which

point

the

alcoholic

32

liquor

shall

be

considered

inventory

owned

by

the

licensee

33

receiving

the

alcoholic

liquor

for

regulatory

and

enforcement

34

purposes

under

this

chapter.

35

-1-

LSB

6116HV

(1)

91

jm/ns

1/

3

H.F.

2647

3.

A

licensee

conducting

a

transfer

under

this

section

1

shall

maintain

records

indicating

the

date

of

the

transfer,

2

the

quantity

and

type

of

alcoholic

liquor

transferred,

and

the

3

licensee

receiving

the

transfer.

Records

shall

be

maintained

4

for

three

years

from

the

date

of

the

transfer

and

shall

be

made

5

accessible

and

open

to

inspection

pursuant

to

section

123.30,

6

subsection

1,

during

normal

business

hours

of

the

licensee.

7

EXPLANATION

8

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

9

the

explanation’s

substance

by

the

members

of

the

general

assembly.

10

This

bill

relates

to

transferring

alcoholic

beverages

11

between

the

premises

of

certain

retail

alcohol

licensees

with

12

identical

ownership.

13

Under

current

Code

section

123.46A

(delivery

of

alcoholic

14

beverages

by

retailers),

licensees

authorized

to

sell

alcoholic

15

liquor,

wine,

or

beer

in

original

unopened

containers

for

16

consumption

off

the

licensed

premises

may

deliver

alcoholic

17

liquor,

wine,

or

beer

to

a

home,

another

licensed

premises

if

18

there

is

identical

ownership

of

the

premises

by

the

licensee,

19

or

other

designated

location

in

this

state.

The

bill

strikes

20

the

specified

authorization

to

deliver

to

another

licensed

21

premises

if

there

is

identical

ownership

of

the

premises

by

the

22

licensee.

23

The

bill

allows

a

licensee

authorized

to

sell

alcoholic

24

liquor

for

consumption

off

premises

to

transfer

alcoholic

25

liquor

between

licensed

premises

with

identical

ownership

as

26

the

transferring

licensee.

The

bill

specifies

such

a

transfer

27

shall

not

be

considered

a

delivery

under

Code

section

123.46A.

28

A

transfer

of

alcoholic

liquor

pursuant

to

the

bill

shall

29

be

considered

inventory

owned

by

the

licensee

transferring

30

the

alcoholic

liquor

until

placement

on

the

premises

of

the

31

licensee

receiving

the

alcoholic

liquor.

After

placement

on

32

the

premises

of

the

licensee

receiving

the

alcoholic

liquor,

33

the

bill

specifies

the

alcoholic

liquor

is

considered

the

34

inventory

of

the

licensee

receiving

the

alcoholic

liquor

for

35

-2-

LSB

6116HV

(1)

91

jm/ns

2/

3

H.F.

2647

regulatory

and

enforcement

purposes.

1

A

licensee

conducting

the

transfer

of

alcoholic

liquor

2

pursuant

to

the

bill

is

required

to

maintain

records

of

the

3

transfer

for

three

years

and

to

make

the

records

accessible

to

4

the

department

of

revenue.

5

-3-

LSB

6116HV

(1)

91

jm/ns

3/

3