Iowa Code 123.127 – Class “A” and special class “A” beer permit application and issuance
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1. A person applying for a class “A” or special class “A” beer permit shall submit a completed application electronically, or in a manner prescribed by the director, which shall set forth under oath the following:
a. The name and place of residence of the applicant.
b. The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.
c. The location of the premises where the applicant intends to operate.
d. The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.
e. When required by the director, and in such form and containing such information as the director may require, a description of the premises where the applicant intends to use the permit, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.
f. Whether any person specified in paragraph “b” has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.
g. Any other information as required by the director.
Terms Used In Iowa Code 123.127
- 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
- Application: means a written request for the issuance of a permit, license, or certificate that is supported by a verified statement of facts and submitted electronically, or in a manner prescribed by the director. 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
- Completed application: means an application where all necessary fees have been paid in full, any required bonds have been submitted, the applicant has provided all information requested by the department, and the application meets the requirements of section 123. See Iowa Code 123.3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- 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
- Manufacture: means to distill, rectify, ferment, brew, make, mix, concoct, or process any substance capable of producing a beverage containing more than one-half of one percent of alcohol by volume and includes blending, bottling, or the preparation for sale. See Iowa Code 123.3
- Person: means a natural person. See Iowa Code 154A.1
- Person: means any individual, association, or partnership, any corporation, limited liability company, or other similar legal entity, any club, hotel or motel, or any municipal corporation owning or operating a bona fide airport, marina, park, coliseum, auditorium, or recreational facility in or at which the sale of alcoholic liquor, wine, or beer is only an incidental part of the ownership or operation. See Iowa Code 123.3
- Person of good moral character: means any person who meets all of the following requirements:a. See Iowa Code 123.3
- premises: means all rooms, enclosures, contiguous areas, or places susceptible of precise description satisfactory to the director where alcoholic beverages, wine, or beer is sold or consumed under authority of a retail alcohol license, wine permit, or beer permit. See Iowa Code 123.3
- Residence: means the place where a person resides, permanently or temporarily. 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
- United States: includes all the states. See Iowa Code 4.1
2. The director shall issue a class “A” or special class “A” beer permit to any applicant who establishes all of the following:a. That the applicant has submitted a completed application as required by subsection 1.b. That the applicant is a person of good moral character as provided in section 123.3, subsection 40.c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.d. That the applicant has filed with the department a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of beer.e. That the premises where the applicant intends to use the permit conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.f. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.g. That the applicant has submitted a bond in the amount of ten thousand dollars in a manner prescribed by the director with good and sufficient sureties to be approved by the department conditioned upon compliance with this chapter.h. If the person is applying for a special class “A” beer permit, that the applicant holds or has applied for a class “C” or special class “C” retail alcohol license.