Iowa Code § 123.127

Current through March 29, 2024

Section 123.127 - Class "A" and special class "A" beer permit application and issuance

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 and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.

c. The location of the premises where the applicant intends to operate.

d. The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.

e. When required by the director, and in such form and containing such information as the director may require, a description of the premises where the applicant intends to use the permit, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.

f. Whether any person specified in paragraph "b" has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.

g. Any other information as required by the director.

2. The director shall issue a class "A" or special class "A" beer permit to any applicant who establishes all of the following:

a. That the applicant has submitted a completed application as required by subsection 1.

b. That the applicant is a person of good moral character as provided in section 123.3, subsection 40.

c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.

d. That the applicant has filed with the department a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of beer.

e. That the premises where the applicant intends to use the permit conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.

f. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.

g. That the applicant has submitted a bond in the amount of ten thousand dollars in a manner prescribed by the director with good and sufficient sureties to be approved by the department conditioned upon compliance with this chapter.

h. If the person is applying for a special class "A" beer permit, that the applicant holds or has applied for a class "C" or special class "C" retail alcohol license.

Iowa Code § 123.127

88 Acts, ch 1241, §16; 89 Acts, ch 221, §3; 2003 Acts, ch 143, §6, 17; 2009 Acts, ch 41, §177; 2010 Acts, ch 1031, §91, 92, 96; 2013 Acts, ch 35, §8, 9; 2015 Acts, ch 53, § 4; 2016 Acts, ch 1073, § 34, 35; 2017 Acts, ch 119, § 22; 2018 Acts, ch 1060, § 62; 2019 Acts, ch 113, § 38, 39; 2022 Acts, ch 1099, § 59, 88; 2023 Acts, ch 19, § 2432 - 2435

Amended by 2023 Iowa, ch 19, s 2435, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 2434, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 2433, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 2432, eff. 7/1/2023.

Amended by 2022 Iowa, ch 1099, s 59, eff. 1/1/2023.

Amended by 2019 Iowa, ch 113, s 39, eff. 5/10/2019.

Amended by 2019 Iowa, ch 113, s 38, eff. 5/10/2019.

Amended by 2018 Iowa, ch 1060, s 62, eff. 4/2/2018.

Amended by 2017 Iowa, ch 119, s 22, eff. 7/1/2017.

Amended by 2016 Iowa, ch 1073, s 35, eff. 7/1/2016.

Amended by 2016 Iowa, ch 1073, s 34, eff. 7/1/2016.

Amended by 2015 Iowa, ch 53, s 4, eff. 7/1/2015.

Amended by 2013 Iowa, ch 35, s 9, eff. 7/1/2013.

Amended by 2013 Iowa, ch 35, s 8, eff. 7/1/2013.

Amended by 2013 Iowa, ch 35, s 9, eff. 7/1/2013.

Amended by 2013 Iowa, ch 35, s 8, eff. 7/1/2013.

C35, §1921-f102; C39, §1921.103; C46, 50, 54, 58, 62, 66, §124.8; C71, §124.8, 124.41; C73, 75, 77, 79, 81, §123.127
88 Acts, ch 1241, §16; 89 Acts, ch 221, §3; 2003 Acts, ch 143, §6, 17; 2009 Acts, ch 41, §177; 2010 Acts, ch 1031, §91, 92, 96

Referred to in §123.32

Subsection 1, unnumbered paragraph 1 amended

Subsection 1, paragraphs e and g amended

Subsection 2, unnumbered paragraph 1 amended

Subsection 2, paragraphs d and g amended