123.92 Civil liability for dispensing or sale and service of any alcoholic beverage (Dramshop Act) — liability insurance — underage persons.
1. a. Subject to the limitation amount specified in paragraph “c”, if applicable, any third party who is not the intoxicated person who caused the injury at issue and who is injured in person or property or means of support by an intoxicated person or resulting from the intoxication of a person, has a right of action for damages actually sustained, severally or jointly against any licensee or permittee, whether or not the license or permit was issued by the division or by the licensing authority of any other state, who sold and served any alcoholic beverage directly to the intoxicated person, provided that the person was visibly intoxicated at the time of the sale or service.
b. If the injury was proximately caused by an intoxicated person, a permittee or licensee may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the person.
c. The total amount recoverable by each plaintiff in any civil action for noneconomic damages for personal injury, whether in tort, contract, or otherwise, against a licensee or permittee, shall be limited to two hundred fifty thousand dollars for any injury or death of a person, unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.
2. a. Every liquor control licensee, class “B” beer permittee, and class “C” native wine permittee, except a class “E” liquor control licensee, shall furnish proof of financial responsibility by the existence of a liability insurance policy in an amount determined by the division. If an insurer provides dramshop liability insurance at a new location to a licensee or permittee who has a positive loss experience at other locations for which such insurance is provided by the insurer, and the insurer bases premium rates at the new location on the negative loss history of the previous licensee or permittee at that location, the insurer shall examine and consider adjusting the premium for the new location not less than thirty months after the insurance is issued, based on the loss experience of the licensee or permittee at that location during that thirty-month period of time.
b. A dramshop liability insurance policy may be written on an aggregate limit basis.
c. The purpose of dramshop liability insurance is to provide protection for members of the public who experience damages as a result of licensees or permittees serving patrons any alcoholic beverage to a point that reaches or exceeds the standard set forth in law for liability. Minimum coverage requirements for such insurance are not for the purpose of making the insurance affordable for all licensees or permittees regardless of claims experience. A dramshop liability insurance policy obtained by a licensee or permittee shall meet the minimum insurance coverage requirements as determined by the division and is a mandatory condition for holding a license or permit.
3. a. Notwithstanding section 123.49, subsection 1, any person who is injured in person or property or means of support by an intoxicated person who is under legal age or resulting from the intoxication of a person who is under legal age, has a right of action for all damages actually sustained, severally or jointly, against a person who is not a licensee or permittee and who dispensed or gave any alcoholic beverage to the intoxicated underage person when the nonlicensee or nonpermittee who dispensed or gave the alcoholic beverage to the underage person knew or should have known the underage person was intoxicated, or who dispensed or gave any alcoholic beverage to the underage person to a point where the nonlicensee or nonpermittee knew or should have known that the underage person would become intoxicated.
b. If the injury was caused by an intoxicated person who is under legal age, a person who is not a licensee or permittee and who dispensed or gave the alcoholic beverage to the underage person may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the underage person.
c. For purposes of this subsection, “dispensed” or “gave” means the act of physically presenting a receptacle containing any alcoholic beverage to the underage person whose actions or intoxication results in the sustaining of damages by another person. However, a person who dispenses or gives any alcoholic beverage to an underage person shall only be liable for any damages if the person knew or should have known that the underage person was under legal age.
[C73, §1557; C97, §2418; C24, 27, 31, 35, 39, §2055; C46, 50, 54, 58, 62, §129.2; C66, 71, §123.95, 129.2; C73, 75, 77, 79, 81, §123.92]
85 Acts, ch 32, §57; 86 Acts, ch 1211, §12; 88 Acts, ch 1158, §30; 92 Acts, ch 1136, §1; 97 Acts, ch 126, §7; 2009 Acts, ch 128, §1; 2013 Acts, ch 124, §1; 2016 Acts, ch 1008, §9; 2018 Acts, ch 1060, §45 – 47; 2018 Acts, ch 1090, §1; 2018 Acts, ch 1172, §18, 51
Referred to in §123.3, 123.10, 123.95
Minimum coverage requirements evaluation, see §505.33
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.