123.24 Alcoholic liquor sales by the division — dishonored payments — liquor prices.
1. The division shall sell alcoholic liquor at wholesale only. The division shall sell alcoholic liquor to class “E” liquor control licensees only. The division shall offer the same price on alcoholic liquor to all class “E” liquor control licensees without regard for the quantity of purchase or the distance for delivery.
2. The price of alcoholic liquor sold by the division shall consist of the following:
a. The manufacturer’s price.
b. A markup of up to fifty percent of the wholesale price paid by the division for the alcoholic liquor. The division may increase the markup on selected kinds of alcoholic liquor sold by the division if the average return to the division on all sales of alcoholic liquor does not exceed the wholesale price paid by the division and the fifty percent markup.
c. A split case charge in an amount determined by the division when alcoholic liquor is sold in quantities which require a case to be split.
d. A bottle surcharge in an amount sufficient, when added to the amount not refunded to class “E” liquor control licensees pursuant to section 455C.2, to pay the costs incurred by the division for collecting and properly disposing of the liquor containers. The amount collected pursuant to this paragraph, in addition to any amounts not refunded to class “E” liquor control licensees pursuant to section 455C.2, shall be deposited in the beer and liquor control fund established under section 123.17.
3. a. The division may accept from a class “E” liquor control licensee electronic funds transferred by automated clearing house, wire transfer, or another method deemed acceptable by the administrator, in payment of alcoholic liquor. If a payment is subsequently dishonored, the division shall cause a notice of nonpayment and penalty to be served upon the class “E” liquor control licensee or upon any person in charge of the licensed premises. The notice shall state that if payment or satisfaction for the dishonored payment is not made within ten days of the service of notice, the licensee’s liquor control license may be suspended under section 123.39. The notice of nonpayment and penalty shall be in a form prescribed by the administrator, and shall be sent by certified mail.
b. If upon notice and hearing under section 123.39 and pursuant to the provisions of chapter 17A concerning a contested case hearing, the administrator determines that the class “E” liquor control licensee failed to satisfy the obligation for which the payment was issued within ten days after the notice of nonpayment and penalty was served on the licensee as provided in paragraph “a” of this subsection, the administrator may suspend the licensee’s class “E” liquor control license for a period not to exceed ten days.
4. The administrator may refuse to sell alcoholic liquor to a class “E” liquor control licensee who tenders a payment which is subsequently dishonored until the outstanding obligation is satisfied.
[C35, §1921-f20, 1921-f41; C39, §1921.020, 1921.041; C46, 50, 54, 58, 62, 66, 71, §123.20, 123.41; C73, 75, 77, 79, 81, §123.24; 81 Acts, ch 56, §1]
86 Acts, ch 1246, §734; 87 Acts, ch 22, §1, 2; 88 Acts, ch 1158, §29; 88 Acts, ch 1241, §5; 92 Acts, ch 1242, §24; 93 Acts, ch 91, §4, 5; 2013 Acts, ch 35, §21; 2019 Acts, ch 113, §6 – 8
Referred to in §123.176
Structure Iowa Code
Chapter 123 - ALCOHOLIC BEVERAGE CONTROL
Section 123.1 - Public policy declared.
Section 123.2 - General prohibition.
Section 123.4 - Alcoholic beverages division created.
Section 123.5 - Alcoholic beverages commission created — appointment — removal — vacancies.
Section 123.6 - Commission meetings.
Section 123.7 - Administrator appointed — duties.
Section 123.8 - Duties of commission and administrator.
Section 123.9 - Powers of administrator.
Section 123.11 - Compensation and expenses.
Section 123.12 - Exemption from suit.
Section 123.13 - Prohibitions on commission members and employees.
Section 123.14 - Alcoholic beverage control law enforcement.
Section 123.15 - Favors from licensee or permittee.
Section 123.16 - Annual report.
Section 123.18 - Appropriations.
Section 123.19 - Distiller’s certificate of compliance — injunction — penalty.
Section 123.22 - State monopoly.
Section 123.23 - Distiller’s certificate of compliance — injunction — penalty.
Section 123.24 - Alcoholic liquor sales by the division — dishonored payments — liquor prices.
Section 123.25 - Consumption on premises.
Section 123.26 - Restrictions on sales — seals — labeling.
Section 123.27 - Sales and deliveries prohibited.
Section 123.28 - Restrictions on transportation.
Section 123.29 - Patent and proprietary products and sacramental wine.
Section 123.30 - Liquor control licenses — classes.
Section 123.31 - Liquor control licenses — application contents.
Section 123.35 - Simplified renewal procedure — class “E” procedure.
Section 123.36 - Liquor control license fees — Sunday sales.
Section 123.37 - Exclusive power to license and levy taxes — disputed taxes.
Section 123.38 - Nature of permit or license — surrender — transfer.
Section 123.38A - Confidential investigative records.
Section 123.39 - Suspension or revocation of license or permit — civil penalty.
Section 123.40 - Effect of revocation.
Section 123.41 - Manufacturer’s license — alcoholic liquor.
Section 123.42 - Broker’s permit.
Section 123.43 - Class “A” native distilled spirits license — application and issuance — fees.
Section 123.43A - Native distilleries.
Section 123.44 - Gifts prohibited.
Section 123.45 - Limitations on business interests.
Section 123.46A - Delivery of alcoholic beverages by retailers.
Section 123.47A - Persons age eighteen, nineteen, and twenty — penalty.
Section 123.47B - Parental and school notification — persons under eighteen years of age.
Section 123.48 - Seizure of false or altered driver’s license or nonoperator’s identification card.
Section 123.49 - Miscellaneous prohibitions.
Section 123.50 - Criminal and civil penalties.
Section 123.50A - Alcohol compliance employee training program.
Section 123.51 - Advertisements for alcoholic liquor, wine, or beer.
Section 123.52 - Prohibited sale.
Section 123.54 - Appropriations.
Section 123.55 - Annual report.
Section 123.56 - Native wines.
Section 123.57 - Examination of accounts.
Section 123.59 - Bootlegging — penalties.
Section 123.63 - Temporary writ.
Section 123.65 - Scope of injunction.
Section 123.66 - Trial of action.
Section 123.67 - General reputation.
Section 123.69 - Trial of contempt action.
Section 123.70 - Injunction against bootlegger.
Section 123.71 - Conditions on injunction proceeding.
Section 123.72 - Order of abatement of nuisance.
Section 123.73 - Use of abated premises.
Section 123.75 - Proceeds of sale.
Section 123.76 - Abatement of nuisance.
Section 123.77 - Abatement before judgment.
Section 123.78 - Existing liens.
Section 123.79 - Abatement bond a lien.
Section 123.80 - Attested copies filed.
Section 123.81 - Forfeiture of bond.
Section 123.83 - Method of trial.
Section 123.86 - County attorney to prosecute.
Section 123.87 - Prompt service.
Section 123.90 - Penalties generally.
Section 123.91 - Second and subsequent conviction.
Section 123.93 - Limitation of action.
Section 123.94 - Inurement of action prohibited.
Section 123.95 - Premises must be licensed — exception as to conventions and social gatherings.
Section 123.97 - Covered into general fund.
Section 123.98 - Labeling shipments.
Section 123.99 - False statements.
Section 123.100 - Packages in transit.
Section 123.101 - Record of shipments.
Section 123.102 - Inspection of shipping records.
Section 123.103 - Record and certification upon delivery.
Section 123.104 - Unlawful delivery.
Section 123.105 - Immunity from damage.
Section 123.106 - Federal statutes.
Section 123.107 - Unnecessary allegations.
Section 123.108 - Second conviction defined.
Section 123.109 - Record of conviction.
Section 123.110 - Proof of sale.
Section 123.111 - Purchaser as witness.
Section 123.112 - Peace officer as witness.
Section 123.113 - Judgment lien.
Section 123.114 - Enforcement of lien.
Section 123.116 - Right to receive alcoholic liquor, wine, or beer.
Section 123.117 - Delivery to sheriff.
Section 123.118 - Destruction.
Section 123.120 - Attempt to destroy.
Section 123.122 - Beer certificate, permit, or license required — exception for personal use.
Section 123.123 - Effect on liquor control licensees.
Section 123.124 - Beer permits — classes.
Section 123.125 - Issuance of beer permits.
Section 123.126 - High alcoholic content beer — applicability.
Section 123.126A - Canned cocktails — applicability — manufacture.
Section 123.127 - Class “A” and special class “A” beer permit application and issuance.
Section 123.128 - Class “B” beer permit application.
Section 123.129 - Class “C” beer permit application.
Section 123.130 - Authority under class “A” and special class “A” beer permits.
Section 123.131 - Authority under class “B” beer permit.
Section 123.132 - Authority under class “C” beer permit.
Section 123.133 - Sale on trains — bond.
Section 123.134 - Beer permit fees — Sunday sales.
Section 123.135 - Brewer’s certificate of compliance — penalties.
Section 123.137 - Report of barrel sales — penalty.
Section 123.138 - Records required — keg identification sticker.
Section 123.139 - Separate locations — class “A” or special class “A” beer permit.
Section 123.140 - Separate locations — class “B” or “C” beer permit.
Section 123.141 - Keeping liquor where beer is sold.
Section 123.142 - Unlawful sale and importation.
Section 123.143 - Distribution of funds.
Section 123.144 - Bottling beer.
Section 123.145 - Labels on bottles, barrels, etc.— conclusive evidence.
Section 123.146 - Importation of beer for personal use.
Section 123.150 - Sunday sales before New Year’s Day.
Section 123.151 - Posting notice on drunk driving laws required.
Section 123.153 - Definitions.
Section 123.154 - Project — revenue bonds.
Section 123.155 - Proceedings.
Section 123.156 - Bonds not debt of state.
Section 123.157 - Anticipatory notes.
Section 123.159 - Exemption from taxation.
Section 123.160 - Bonds as investments.
Section 123.161 - Independent authorization.
Section 123.171 - Wine certificate, permit, or license required — exceptions for personal use.
Section 123.172 - Effect on liquor control licensees.
Section 123.173 - Wine permits — classes — authority.
Section 123.173A - Charity beer, spirits, and wine auction permit.
Section 123.173B - Charity beer, spirits, and wine event permit.
Section 123.174 - Issuance of wine permits.
Section 123.175 - Class “A” or retail wine permit application and issuance.
Section 123.176 - Native wines.
Section 123.177 - Authority under class “A” wine permit.
Section 123.178 - Authority under class “B” wine permit.
Section 123.178A - Authority under class “B” native wine permit.
Section 123.178B - Authority under class “C” native wine permit.
Section 123.179 - Permit fees.
Section 123.181 - Prohibited acts.
Section 123.182 - Labels — point of origin — conclusive evidence.
Section 123.183 - Wine gallonage tax and related funds.
Section 123.184 - Report of gallonage sales — penalty.
Section 123.185 - Records required.
Section 123.186 - Federal regulations adopted as rules — penalties.
Section 123.187 - Direct shipment of wine — permit and requirements.