123.46 Consumption or intoxication in public places — notifications — chemical tests — expungement.
1. As used in this section unless the context otherwise requires:
a. “Arrest” means the same as defined in section 804.5 and includes taking into custody pursuant to section 232.19.
b. “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the commissioner of public safety.
c. “Peace officer” means the same as defined in section 801.4.
2. A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending a public or private school-related function. A person shall not be intoxicated in a public place. A person violating this subsection is guilty of a simple misdemeanor.
3. A person shall not simulate intoxication in a public place. A person violating this subsection is guilty of a simple misdemeanor.
4. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the commissioner of public safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.
5. a. A peace officer shall make a reasonable effort to identify a person under the age of eighteen who violates this section and refer the person to juvenile court.
b. A juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court officer shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendent’s designee, or the authorities in charge of the nonpublic school, of the violation. A reasonable attempt to notify the person includes, but is not limited to, a telephone call or notice by first-class mail.
6. Upon the expiration of two years following conviction for a violation of this section or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
7. A person shall not be charged or prosecuted for a violation of this section if the person is immune from charge or prosecution pursuant to section 701.12.
[C35, §1921-f42, 1921-f127; C39, §1921.042, 1921.132; C46, 50, 54, 58, 62, 66, 71, §123.42, 124.37; C73, 75, 77, 79, 81, §123.46]
85 Acts, ch 32, §36; 86 Acts, ch 1067, §1; 89 Acts, ch 225, §10; 92 Acts, ch 1231, §7; 2000 Acts, ch 1138, §1; 2010 Acts, ch 1044, §1, 2; 2010 Acts, ch 1071, §1; 2010 Acts, ch 1128, §1; 2011 Acts, ch 17, §10; 2016 Acts, ch 1058, §1; 2019 Acts, ch 140, §1; 2020 Acts, ch 1080, §1
Referred to in §123.91, 125.34, 232.22, 232.52, 701.12, 901C.3
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.