123.50 Criminal and civil penalties.
1. Any person who violates any of the provisions of section 123.49, except section 123.49, subsection 2, paragraph “h”, or who fails to affix upon sale, defaces, or fails to record a keg identification sticker or produce a record of keg identification stickers pursuant to section 123.138, shall be guilty of a simple misdemeanor. A person who violates section 123.49, subsection 2, paragraph “h”, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 2.
2. The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of section 123.49, subject to subsection 3 of this section, is grounds for the suspension or revocation of the license or permit by the division or the local authority. However, if any liquor control licensee is convicted of any violation of section 123.49, subsection 2, paragraph “a”, “d”, or “e”, or any wine or beer permittee is convicted of a violation of section 123.49, subsection 2, paragraph “a” or “e”, the liquor control license or wine or beer permit shall be revoked and shall immediately be surrendered by the holder, and the bond, if any, of the license or permit holder shall be forfeited to the division. However, the division shall retain only that portion of the bond equal to the amount the division determines the license or permit holder owes the division.
3. If any liquor control licensee, wine or beer permittee, or employee of a licensee or permittee is convicted or found in violation of section 123.49, subsection 2, paragraph “h”, the administrator or local authority shall, in addition to criminal penalties fixed for violations by this section, assess a civil penalty as follows:
a. A first violation shall subject the licensee or permittee to a civil penalty in the amount of five hundred dollars. Failure to pay the civil penalty as ordered under section 123.39 shall result in automatic suspension of the license or permit for a period of fourteen days.
b. A second violation within two years shall subject the licensee or permittee to a thirty-day suspension and a civil penalty in the amount of one thousand five hundred dollars.
c. A third violation within three years shall subject the licensee or permittee to a sixty-day suspension and a civil penalty in the amount of one thousand five hundred dollars.
d. A fourth violation within three years shall result in revocation of the license or permit.
e. For purposes of this subsection:
(1) The date of any violation shall be used in determining the period between violations.
(2) Suspension shall be limited to the specific license or permit for the premises found in violation.
(3) Notwithstanding section 123.40, revocation shall be limited to the specific license or permit found in violation and shall not disqualify a licensee or permittee from holding a license or permit at a separate location.
4. In addition to any other penalties imposed under this chapter, the division shall assess a civil penalty up to the amount of five thousand dollars upon a class “E” liquor control licensee when the class “E” liquor license is revoked for a violation of section 123.59. Failure to pay the civil penalty as required under this subsection shall result in forfeiture of the bond to the division. However, the division shall retain only that portion of the bond equal to the amount the division determines the license or permit holder owes the division.
5. If an employee of a liquor control licensee or wine or beer permittee violates section 123.49, subsection 2, paragraph “h”, the licensee or permittee shall not be assessed a penalty under subsection 3, and the violation shall be deemed not to be a violation of section 123.49, subsection 2, paragraph “h”, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 3, if the employee holds a valid certificate of completion of the alcohol compliance employee training program pursuant to section 123.50A at the time of the violation, and if the violation involves selling, giving, or otherwise supplying any alcoholic beverage to a person between the ages of eighteen and twenty years of age. A violation involving a person under the age of eighteen years of age shall not qualify for the bar against assessment of a penalty pursuant to subsection 3, for a violation of section 123.49, subsection 2, paragraph “h”. A licensee or permittee may assert only once in a four-year period the bar under this subsection against assessment of a penalty pursuant to subsection 3, for a violation of section 123.49, subsection 2, paragraph “h”, that takes place at the same place of business location.
[C35, §1921-f46, 1921-f127; C39, §1921.046, 1921.132; C46, 50, 54, 58, 62, 66, 71, §123.46, 124.37; C73, 75, 77, 79, 81, §123.50]
84 Acts, ch 1275, §4; 84 Acts, ch 1292, §1; 85 Acts, ch 32, §43; 86 Acts, ch 1246, §745; 88 Acts, ch 1088, §6; 88 Acts, ch 1241, §14; 89 Acts, ch 252, §2; 93 Acts, ch 91, §18; 94 Acts, ch 1172, §5; 97 Acts, ch 126, §5, 6; 98 Acts, ch 1204, §1, 2; 2001 Acts, ch 137, §5; 2004 Acts, ch 1008, §1; 2007 Acts, ch 46, §1; 2011 Acts, ch 30, §6; 2013 Acts, ch 30, §23; 2014 Acts, ch 1026, §27; 2018 Acts, ch 1060, §37 – 39; 2019 Acts, ch 113, §32
Referred to in §99B.3, 99B.55, 123.39, 123.141
License or permit suspension upon revocation of gambling license or amusement device registration; §99B.3 and §99B.55
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.