Iowa Code 123.95 – Premises must be licensed — exception as to conventions and social gatherings
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1. A person shall not allow the dispensing or consumption of alcoholic liquor, except wines and beer, in any establishment unless the establishment is licensed under this chapter or except as otherwise provided in this section.
Terms Used In Iowa Code 123.95
- 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
- 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
- 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
- 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
- Private place: means a location which, at the time alcoholic beverages are kept, dispensed, or consumed, meets all of the following criteria:a. 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
- 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
2. a. The holder of an annual class “C” retail alcohol license may act as the agent of a private social host for the purpose of providing and serving alcoholic beverages as part of a food catering service for a private social gathering in a private place, provided the licensee has applied for and been granted a catering privilege by the department. The holder of an annual special class “C” retail alcohol license shall not act as the agent of a private social host for the purpose of providing and serving wine and beer as part of a food catering service for a private social gathering in a private place. An applicant for a class “C” retail alcohol license shall state on the application for the license that the licensee intends to engage in catering food and alcoholic beverages for private social gatherings and the catering privilege shall be noted on the license.b. The private social host or the licensee shall not solicit payment of any kind, including donations, for the food or alcoholic beverages from the guests, and the alcoholic beverages and food shall be served without cost to the guests.c. Section 123.92 does not apply to a retail alcohol licensee who acts in accordance with this section when the retail alcohol licensee is providing and serving food and alcoholic beverages as an agent of a private social host at a private social gathering in a private place which is not on the licensed premises.d. A licensee who engages in catering food and alcoholic beverages for private social gatherings shall maintain a record on the licensed premises which includes the name and address of the host of the private social gathering, and the date for which catering was provided. The record maintained pursuant to this section shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee.3. However, bona fide conventions or meetings may bring their own legal liquor onto the licensed premises if the liquor is served to delegates or guests without cost. All other provisions of this chapter shall be applicable to such premises. The provisions of this section shall have no application to private social gatherings of friends or relatives in a private home or private place which is not of a commercial nature nor where goods or services may be purchased or sold nor any charge or rent or other thing of value is exchanged for the use of such premises for any purpose other than for sleeping quarters.