123.36 Liquor control license fees — Sunday sales.
The following fees shall be paid to the division annually for liquor control licenses issued under section 123.30:
1. Class “A” liquor control licenses, the sum of six hundred dollars, except that for class “A” licenses in cities of less than two thousand population, and for clubs of less than two hundred fifty members, the license fee shall be four hundred dollars; however, the fee shall be two hundred dollars for any club which is a post, branch, or chapter of a veterans organization chartered by the Congress of the United States, if the club does not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week or more than a total of fifty-two days in a year, and if the application for a license states that the club does not and will not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week or more than a total of fifty-two days in a year.
2. Class “B” liquor control licenses, the sum as follows:
a. Hotels or motels located within the corporate limits of cities of ten thousand population and over, one thousand three hundred dollars.
b. Hotels and motels located within the corporate limits of cities of over three thousand and less than ten thousand population, one thousand fifty dollars.
c. Hotels and motels located within the corporate limits of cities of three thousand population and less, eight hundred dollars.
d. Hotels and motels located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a hotel or motel is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.
3. Class “C” liquor control licenses, the sum as follows:
a. Commercial establishments located within the corporate limits of cities of ten thousand population and over, one thousand three hundred dollars.
b. Commercial establishments located within the corporate limits of cities of over fifteen hundred and less than ten thousand population, nine hundred fifty dollars.
c. Commercial establishments located within the corporate limits of cities of fifteen hundred population or less, six hundred dollars.
d. Commercial establishments located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a commercial establishment is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.
4. Class “C” native distilled spirits liquor control license, the sum of two hundred fifty dollars.
5. Class “D” liquor control licenses, the following sums:
a. For watercraft, one hundred fifty dollars.
b. For trains, five hundred dollars.
c. For air common carriers, each company shall pay an annual fee of five hundred dollars.
6. Any club, hotel, motel, native distillery, passenger-carrying boat or ship, railway corporation, air common carrier, or commercial establishment holding a liquor control license, subject to section 123.49, subsection 2, paragraph “b”, may apply for and receive permission to sell and dispense alcoholic beverages as authorized by section 123.30 to patrons between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on the following Monday. For the privilege of selling beer, wine, and alcoholic liquor on the premises on Sunday the liquor control license fee of the applicant shall be increased by twenty percent of the regular fee prescribed for the license pursuant to this section, and the privilege shall be noted on the liquor control license.
7. Special class “C” liquor control licenses, a sum as follows:
a. Commercial establishments located within the corporate limits of cities of ten thousand population and over, four hundred fifty dollars.
b. Commercial establishments located within the corporate limits of cities of over fifteen hundred and less than ten thousand population, three hundred dollars.
c. Commercial establishments located within the corporate limits of cities of fifteen hundred population or less, one hundred fifty dollars.
d. Commercial establishments located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a commercial establishment is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.
8. The division shall credit all fees to the beer and liquor control fund. The division shall remit to the appropriate local authority, a sum equal to sixty-five percent of the fees collected for each class “A”, class “B”, or class “C” license except special class “C” licenses or class “E” licenses, covering premises located within the local authority’s jurisdiction. The division shall remit to the appropriate local authority a sum equal to seventy-five percent of the fees collected for each special class “C” license covering premises located within the local authority’s jurisdiction. Those fees collected for the privilege authorized under subsection 6 and those fees collected for each class “E” liquor control license shall be credited to the beer and liquor control fund.
9. a. Class “E” liquor control license, a sum determined as follows:
(1) For licensed premises at which gasoline is not sold, a sum of not less than seven hundred fifty dollars, and not more than seven thousand five hundred dollars as determined on a sliding scale as established by the division taking into account the factors of square footage of the licensed premises, the location of the licensed premises, and the population of the area of the location of the licensed premises.
(2) For licensed premises at which gasoline is sold, a sum equal to the following:
(a) For premises located within the corporate limits of a city with a population of less than one thousand five hundred, three thousand five hundred dollars.
(b) For premises located within the corporate limits of a city with a population of at least one thousand five hundred but less than ten thousand, five thousand dollars.
(c) For premises located within the corporate limits of a city with a population of ten thousand population or more, the greater of five thousand dollars or the amount that would be established pursuant to subparagraph (1) if gasoline were not sold at the premises.
(d) For premises located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed. If there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if the premises is located in an unincorporated town, for purposes of this subparagraph, the unincorporated town shall be treated as if it is a city.
b. Notwithstanding subsection 6, the holder of a class “E” liquor control license may sell alcoholic liquor for consumption off the licensed premises on Sunday subject to section 123.49, subsection 2, paragraph “b”.
10. There is imposed a surcharge on the fee for each class “A”, class “B”, class “C”, class “C” native distilled spirits, or special class “C” liquor control license equal to thirty percent of the scheduled license fee. The surcharges collected under this subsection shall be deposited in the beer and liquor control fund, and notwithstanding subsection 8, no portion of the surcharges collected under this subsection shall be remitted to the local authority.
[C35, §1921-f28; C39, §1921.028; C46, 50, 54, 58, 62, 66, 71, §123.38; C73, 75, 77, 79, 81, §123.36]
83 Acts, ch 123, §59, 209; 84 Acts, ch 1275, §2; 84 Acts, ch 1312, §6; 85 Acts, ch 32, §26 – 29; 86 Acts, ch 1246, §744; 87 Acts, ch 22, §7, 8; 88 Acts, ch 1241, §9 – 11; 90 Acts, ch 1089, §1; 90 Acts, ch 1175, §7; 91 Acts, ch 245, §1; 93 Acts, ch 91, §14; 94 Acts, ch 1023, §85; 2011 Acts, ch 17, §8; 2017 Acts, ch 119, §42, 43; 2018 Acts, ch 1060, §16; 2019 Acts, ch 113, §17 – 19; 2020 Acts, ch 1063, §53; 2021 Acts, ch 155, §3
Referred to in §123.34, 123.49, 123.150, 125.59, 331.427
Subsection 6 amended
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.