1. a. Any person holding a class “A” beer permit issued by the department shall be authorized to manufacture and sell, or sell at wholesale, beer for consumption off the premises, such sales within the state to be made only to persons holding a subsisting class “A” beer permit, or retail alcohol licenses, excluding a special class “B” retail native wine license, issued in accordance with the provisions of this chapter. However, a person holding a class “A” beer permit issued by the department who also holds a brewer‘s notice issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury shall be authorized to sell, at wholesale, no more than thirty thousand barrels of beer on an annual basis for consumption off the premises to a licensee authorized under this chapter to sell beer at retail.

 b. A person holding a class “A” beer permit may sell beer to distributors outside of the state that are authorized by the laws of that jurisdiction to sell beer at wholesale.
 c. A class “A” or special class “A” beer permit does not grant authority to manufacture wine as defined in section 123.3, subsection 53.
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Terms Used In Iowa Code 123.130

  • 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
  • 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
  • Brewer: means any person who manufactures beer for the purpose of sale, barter, exchange, or transportation. See Iowa Code 123.3
  • Brewpub: means a commercial establishment authorized to sell beer at retail for consumption on or off the premises that is operated by a person who holds a class "C" or special class "C" retail alcohol license and who also holds a special class "A" beer permit that authorizes the holder to manufacture and sell beer pursuant to 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: means a license issued by the state under this chapter to a hearing aid specialist. See Iowa Code 154A.1
  • license: means an express written authorization issued by the department for the manufacture or sale, or both, of alcoholic liquor, wine, or beer. See Iowa Code 123.3
  • 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
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • Native brewery: means a business which manufactures beer or high alcoholic content beer and is operated by a person who holds a class "A" beer permit that authorizes the holder to manufacture and sell beer pursuant to this chapter. See Iowa Code 123.3
  • Native wine: means wine manufactured pursuant to section 123. 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
  • 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
  • Retail alcohol license: means a class "B" class "C" special class "C" class "D" class "E" or class "F" retail alcohol license, or a special class "B" or special class "C" retail native wine license issued under this chapter. See Iowa Code 123.3
  • sell: means a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration. See Iowa Code 154A.1
  • 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
  • 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
 2. Pursuant to section 123.45, subsection 3, a native brewery may be granted not more than two class “C” retail alcohol licenses or not more than two special class “C” retail alcohol licenses.
 3. All class “A” premises shall be located within the state. All beer received by the holder of a class “A” beer permit from the holder of a certificate of compliance before being resold must first come to rest on the licensed premises of the permit holder, must be inventoried, and is subject to the barrel tax when resold as provided in section 123.136. A class “A” beer permittee shall not store beer overnight except on premises licensed under a class “A” beer permit.
 4. a. All special class “A” premises shall be located within the state.

 b. Except as provided in paragraph “c”, a person who holds a special class “A” beer permit for the same location at which the person holds a class “C” or special class “C” retail alcohol license for the purpose of operating as a brewpub may manufacture and sell beer to be consumed on the premises, may sell beer at retail at the manufacturing premises for consumption off the premises, may sell beer to a class “A” beer permittee for resale purposes, and may sell beer to distributors outside of the state that are authorized by the laws of that jurisdiction to sell beer at wholesale.
 c. A person who holds a special class “A” beer permit for the same location at which the person holds a class “C” or special class “C” retail alcohol license for the purpose of operating as a brewpub may manufacture beer under an alternating proprietorship arrangement as provided in subsection 5. However, the person may not sell beer to be consumed on the premises where manufactured or sell beer at retail for consumption off the premises where manufactured unless the person is also the holder of a class “C” or special class “C” retail alcohol license issued for the premises of the alternating proprietorship whose space and equipment is being used for the purpose of manufacturing beer.
 d. The permit issued to holders of a special class “A” beer permit shall clearly state on its face that the permit is limited.
 5. a. For purposes of this subsection, “manufacturer” includes only those persons who hold a class “A” or special class “A” beer permit and manufacture beer in Iowa.

 b. Notwithstanding any provision of law to the contrary, a manufacturer may use the space and equipment of another manufacturer for the purpose of manufacturing beer, provided that such an alternating proprietorship arrangement has been approved by the alcohol and tobacco tax and trade bureau of the United States department of the treasury. A separate class “A” or special class “A” beer permit shall be issued to each manufacturer, and each manufacturer shall be subject to the provisions of this chapter and the rules of the department.
 c. Notwithstanding any provision of law to the contrary, not more than one class “C” retail alcohol license or special class “C” retail license shall be issued to a premises with alternating proprietorships as authorized by this subsection.
 6. A manufacturer of beer issued a class “A” or special class “A” beer permit shall file with the department, on or before the fifteenth day of each calendar month, all documents filed with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all brewer’s operation and excise tax return reports.
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