Iowa Code 123.10 – Rules
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The director, with the approval of the commission and subject to chapter 17A, may adopt rules as necessary to carry out this chapter. The director’s authority under this chapter extends to, but is not limited to, the following:
1. Prescribing the duties of officers, clerks, agents, or other employees of the department under this chapter and regulating their conduct while in the discharge of their duties.
Terms Used In Iowa Code 123.10
- Alcohol: means the product of distillation of any fermented liquor rectified one or more times, whatever may be the origin thereof, and includes synthetic ethyl alcohol. See Iowa Code 123.3
- Alcoholic liquor: means the varieties of liquor defined in subsections 2 and 49 which contain more than six and twenty-five hundredths percent of alcohol by volume, beverages made as described in subsection 6 which beverages contain more than six and twenty-five hundredths percent of alcohol by volume but which are not wine as defined in subsection 53, high alcoholic content beer as defined in subsection 22, or canned cocktails as defined in subsection 10, and every other liquid or solid, patented or not, containing spirits and every beverage obtained by the process described in subsection 53 containing more than twenty-one and twenty-five hundredths percent of alcohol by volume, and susceptible of being consumed by a human being, for beverage purposes. See Iowa Code 123.3
- Beer: means any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts, or other agricultural products, containing more than one-half of one percent of alcohol by volume but not more than six and twenty-five hundredths percent of alcohol by volume. See Iowa Code 123.3
- Commission: means the alcoholic beverages commission established by this chapter. See Iowa Code 123.3
- Department: means the department of inspections, appeals, and licensing. See Iowa Code 154A.1
- Department: means the department of revenue. See Iowa Code 123.3
- Director: means the director of the department of revenue or the director's designee. See Iowa Code 123.3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Import: means the transporting or ordering or arranging the transportation of alcoholic liquor, wine, or beer into this state whether by a resident of this state or not. See Iowa Code 123.3
- Legal age: means twenty-one years of age or more. See Iowa Code 123.3
- State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
- Wine: means any beverage containing more than six and twenty-five hundredths percent of alcohol by volume but not more than twenty-one and twenty-five hundredths percent of alcohol by volume obtained by the fermentation of the natural sugar contents of fruits or other agricultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses, or cactus. See Iowa Code 123.3
- year: means twelve consecutive months. See Iowa Code 4.1
2. Regulating the management, equipment, and merchandise of state warehouses in and from which alcoholic liquors are transported, kept, or sold and prescribing the books and records to be kept therein.
3. Regulating the purchase of alcoholic liquor generally and the furnishing of the liquor to class “E” retail alcohol licensees under this chapter, and determining the classes, varieties, and brands of alcoholic liquors to be kept in state warehouses.
4. Prescribing forms or information blanks to be used for the purposes of this chapter.
5. Prescribing the nature and character of evidence which shall be required to establish legal age.
6. Providing for the issuance and electronic distribution of price lists which show the price to be paid by class “E” retail alcohol licensees for each brand, class, or variety of liquor kept for sale by the department, providing for the filing or posting of prices charged in sales between class “A” beer and class “A” wine permit holders and retailers, as provided in this chapter, and establishing or controlling the prices based on minimum standards of fill, quantity, or alcoholic content for each individual sale of alcoholic beverages as deemed necessary for retail or consumer protection. However, the department shall not regulate markups, prices, discounts, allowances, or other terms of sale at which alcoholic liquor may be purchased by the retail public or retail alcohol licensees from class “E” retail alcohol licensees or at which wine may be purchased and sold by class “A” and retail wine permittees, or change, nullify, or vary the terms of an agreement between a holder of a vintner certificate of compliance and a class “A” wine permittee.
7. Prescribing the official seals, labels, or other markings which shall be attached to or stamped on packages of alcoholic liquor sold under this chapter.
8. Prescribing, subject to this chapter, the days and hours during which state warehouses shall be kept open for the purpose of the sale and delivery of alcoholic liquors.
9. Prescribing the place and the manner in which alcoholic liquor may be lawfully kept or stored by the licensed manufacturer under this chapter.
10. Prescribing the time, manner, means, and method by which distillers, vendors, or others authorized under this chapter may deliver or transport alcoholic liquors and prescribing the time, manner, means, and methods by which alcoholic liquor may be lawfully conveyed, carried, or transported.
11. Prescribing, subject to the provisions of this chapter, the conditions and qualifications necessary for the obtaining of licenses and permits and the books and records to be kept and the remittances to be made by those holding licenses and permits and providing for the inspection of the records of all such licensees and permittees.
12. Providing for the issuance of combination licenses and permits with fees consistent with individual license and permit fees as may be necessary for the efficient administration of this chapter.
13. Providing for the issuance of a waiver for an individual of legal age desiring to import alcoholic liquor, wine, or beer in excess of the amount provided in section 123.22, 123.122, or 123.171, as applicable. The waiver shall be limited to those individuals who were domiciled outside the state within one year of the request for a waiver and shall provide that any alcoholic liquor, wine, or beer imported pursuant to the waiver shall be for personal consumption only in a private home or other private accommodation.
14. Prescribing the uniform fee to be assessed against a retail alcohol licensee, except a class “B”, special class “B”, or class “E” retail alcohol licensee, to cover the administrative costs incurred by the department resulting from the failure of the licensee to maintain dramshop liability insurance coverage pursuant to section 123.92, subsection 2, paragraph “a”.
15. Prescribing the uniform fee, not to exceed one hundred dollars, to be assessed against a licensee or permittee under this chapter for a contested case hearing conducted by the department or by an administrative law judge from the department of inspections, appeals, and licensing which results in administrative action taken against the licensee or permittee by the department.