MINORS AND ALCOHOLIC BEVERAGES
Iowa's Legal-Drinking Age
Iowa's 21-year-old legal-drinking age applies to everyone - patrons,
agents, employees and the licensee's family members.
Licensees (their employees and agents) must exercise reasonable care
to assure that a person is of legal-drinking age before selling or
serving them an alcoholic beverage.
Liquor, wine, or beer may be given or dispensed to a person under
legal age within a private home and with the knowledge, presence,
and consent of the parent or guardian for beverage or medicinal purposes.
Iowa Code sections §123.47, 123.47(2) and §123.49(2)(h)
Age to be in Licensed Establishments
Iowa law does not prohibit minors from being in licensed establishments.
However, licensees should check with their local authority to determine
if there is an ordinance governing minors in licensed establishments.
If the local authority has such an ordinance, the ordinance applies.
Iowa Code section §123.39(2), and 185-4.35 Iowa Administrative
Code
Criminal Penalties for Sales-to-Minors Violations
When licensees (their employees and agents), sell, give, or otherwise
supply an alcoholic beverage to someone under the legal-drinking age,
licensees (their employees and agents) may be charged and convicted
in criminal court. The criminal penalty imposed by the courts is a
simple misdemeanor punishable by a fine of $1,500.00 when the violation
is committed by the licensee or $500 when the violation is committed
by the licensee's employee or agent.
Iowa Code section §123.50(1)
Criminal Penalties for Minors
When a minor purchases or attempts to purchase, or has an alcoholic
beverage in their control or possession, the minor may be charged
and convicted in criminal court.
Following are the criminal penalties imposed by the courts for purchasing
or attempting to purchase or controlling or possessing an alcoholic
beverage:
- First violation - simple misdemeanor punishable by a
$100.00 fine.
- Second violation - simple misdemeanor punishable by a
fine of $500.00. In addition to any other applicable penalty,
the person in violation shall choose between
either completing a substance abuse evaluation or the suspension
of the person's motor vehicle operating privileges for a period
not to exceed one year.
- Third and subsequent violations - simple misdemeanor
punishable by a fine of $500.00 and the suspension
ofthe person's motor vehicle operating privileges for a period
not to exceed one year.
When the violation is committed by a minor under age 18, the matter
is handled by the juvenile court.
Iowa Code section §123.47
Administrative Sanctions for Sales-to-Minors Violations
Administrative sanctions are separate from criminal penalties. Both
may be imposed. When licensees (their employees and agents) sell,
give, or otherwise supply liquor, wine or beer to someone under the
legal-drinking age, the following administrative sanctions may be
imposed against the alcoholic beverages license.
- First violation or first violation within two years - $500.00
civil penalty or 14-day license suspension.
- Second violation in two years - 30-day license suspension
and $1,500.00 civil penalty.
- Third violation in three years - 60-day license suspension
and $1,500.00 civil penalty.
- Fourth violation in three years - revocation of the license.
Administrative sanctions are automatic (no administrative hearing
held) when there is a criminal conviction under Iowa Code section
§123.49(2)(h). When there is no criminal conviction, administrative
sanctions are imposed through an administrative hearing.
Iowa Code sections §123.39(1)(c), §123.49(2)(h) and §123.50(3)
IDENTIFICATION INFORMATION
Verifying an Individual’s Age
Licensees (their employees and agents) are responsible for determining
whether or not an individual is old enough to lawfully consume alcoholic
beverages. When licensees have doubts about a person's age, the licensee
should ask for identification before selling or serving the alcoholic
beverage. If after checking the ID, the licensee still has doubts,
the sale should be refused.
Iowa law does not govern acceptable forms of identification. However,
the Alcoholic Beverages Division recommends that licensees request
identification - valid forms of which include a person's photo and
date of birth, such as those found on a driver's license or state-issued
ID card.
Iowa Code sections §123.47, 123.48 and 321.189(6)
Misrepresenting Age
It is unlawful for minors to misrepresent their age for the purpose
of purchasing or attempting to purchase alcoholic beverages from an
alcoholic beverages licensee or permittee.
When licensees (their employees and agents) are charged with a sales-to-minor
violation, a defense to the charge is available to them if:
- The minor who made the purchase misrepresented their age.
- Licensees made reasonable inquiry to determine if the purchaser
was of legal age.
Iowa Code sections §123.49(3), 232.52(2) and 321.21B
Confiscating Identification
When licensees (their employees and agents) reasonably believe based
on factual evidence that a driver's license or non-operator’s
ID card has been altered, falsified or belongs to another person and
is being used as identification to purchase an alcoholic beverage,
licensees may confiscate the license or card from the customer.
The confiscated license or card must be turned over to the local police
authority within 24 hours of confiscation. Licensees must file a written
report about the circumstances at the time the license or card is
given to the police authority. When licensees take possession of an
ID, a receipt giving the time and hour of the confiscation must be
given to the person from whom the ID was confiscated.
By turning the confiscated driver's license or non-operator’s
ID card over to police authorities and filing a written report as
required by law, licensees cannot be held criminally or civilly
liable for seizing the license or card as long as unreasonable force
was not used during the confiscation.
Iowa Code section §123.48, 321.216, 321.216A and 321.216B
Iowa Driver's Licenses and Non-Operator’s IDs
Today’s Iowa driver’s licenses and non-operator’s
ID cars are designed to be tamper-proof. An attempt to alter the printed
data or photo results in noticeable destruction of the photo and printing
on the license.
To protect against alteration and counterfeiting, the following features
are incorporated into the license and ID card.
Issued beginning July 1, 2001
General features:
- Header blue = driver's license; maroon = nondriver's license;
green = commercial driver's license; plum = intermediate; yellow
= instruction.
- License or ID number is printed in black, under header.
- Signature appears under text.
- Expiration date printed in black.
- Medical alert, organ donor, medical advance directive, deaf, and
hearing-impaired identifiers may be printed in lower right-hand
corner.
Minor’s information:
- Card is printed on a vertical plane.
- Horizontal security overlay of DOT logo printed vertically in
ultraviolet-sensitive ink across license face.
- Horizontal security overlay of DOT logo printed vertically in
ultraviolet-sensitive ink across license face.
- “Under 18/21 until (specified date)” printed in red
within red border over photo.
- Name and address printed in red ink.
- Last two digits of date of birth (DOB) for persons under 21 in
red under “Expires.”
Security features:
- Director’s signature appears vertically overlapping edge
of photo.
- The photo is placed on a blue background.
- State seal appears under DOB.
- “IOWA DEPARTMENT OF TRANSPORTATION” printed diagonally
in ultraviolet-sensitive ink.
- Horizontal security overlay of DOT logo printed diagonally in
ultraviolet- sensitive ink across license face.
- Last digit of audit number and the last digit of the DOB match.
- Vertical micoprinted lines appear on the back of the card in
the lower right and left hand corners.
Issued December 1999 to July 1, 2001
General features:
- Header blue = driver's license; maroon = nondriver's license;
green = commercial driver's license; plum = intermediate; yellow
= instruction.
- License or ID number is printed in black, under header.
- Signature appears under text.
- Expiration date printed in black.
- Medical alert, organ donor, medical advance directive, deaf, and
hearing-impaired identifiers may be printed in lower right-hand
corner.
Minor’s information:
- “Under 18/21 until (specified date)” printed in red
within red border under photo.
- Name and address printed in red.
- Last two digits of date of birth (DOB) for persons under 21 in
red under “Expires.”
Security features:
- Director’s signature and station number appear vertically
overlapping edge of photo.
- Photo is placed on a blue background.
- State seal appears under DOB.
- “State of Iowa” microprinting for signature line and
around state seal.
- “IOWA” printed diagonally and across DOB line in ultraviolet-sensitive
ink.
- Horizontal security overlay of “Iowa Department of Transportation”
across license face.
- Last digit of audit number and the last digit of the DOB match.
Issued
September 1995 to December 1999
General features:
- Header blue = driver's license; maroon = nondriver's license;
green = commercial driver's license.
- License or ID number is printed in black, under header.
- Signature appears under text.
- Medical alert, organ donor, deaf, and hearing-impaired identifiers
printed in lower right-hand corner.
Minor’s information:
- “Under 21 until (specified date)” printed in red under
photo.
Security features:
- Director’s signature and station number overlap the photo.
- Photo is placed on a gray background.
- Iowa seal in data field.
- DOB and expiration date in red.
- “State of Iowa” microprinting for signature line and
around state seal.
- “IOWA” printed diagonally in ultraviolet-sensitive ink
across license face.
- Horizontal hologram of “Iowa DOT” across license face.
- Last digit of audit number and the last digit of the DOB match.
Helpful
Hints for Checking Identification
The best way to verify someone's age is to ask for identification.
Licensees (their employees and agents) should check IDs under good
lighting conditions. Customers should be asked to take their identification
out of their wallet so that the ID can be handled and checked for
signs of alteration.
Look for:
- The driver’s license or ID card’s expiration date. It’s
not a good idea to accept expired ID’s.
- The word “duplicate “on the front of the license or
card. Someone else may have the original card.
- Glue lines or bumpy services by the picture or birth date. Uneven
surfaces often indicate tampering.
- Last digit of audit number and the last digit of the DOB match.
If the numbers do not match, the DOB has more than likely been altered.
- Consistency of numbers. The typeset for the birth date should
match the lettering used on the rest of the license or card.
- Use a blacklight, flashlight or magnifying glass for close inspection
of security features such as ultraviolet printing or microprinting.
- The state logo. A state seal or logo that is partially missing
or appears altered is another clue to a fake license or card.
- Pin holes on the surface. Bleach may have been inserted to “white
out” certain aspects of a date.
- The license or cards reverse side lettering. While the front may
appear flawless, often counterfeiters merely photocopy the reverse
side. Look for blurred lettering.
- Size, coloring, lettering, thickness and corners. Compare the
questionable ID against a “standard” ID – your own
driver’s license or ID card.
- Someone else’s license or card. Make sure the photo, height
and weight on the card match the person in front of you.
- If it is an out-of-state license or card, or for any reason looks
unfamiliar to you, use an ID checking guide. This is especially
important in college and tourist communities.
If an ID is questionable:
- Ask for a second ID. Individuals with fake ID’s rarely carry
back-up information.
- Quiz the person about basic information on the license or card,
such as birth date, middle initial, zip code, etc.
If licensees (their employees and agents) suspect that the ID has
been altered or belongs to another person, the licensee should refuse
the sale or service. An alcoholic beverages license allows –
but does not require licensee to sell and serve alcoholic beverages.
Calculating Age
A common error in calculating age is to forget to verify if the
presenter has had a birthday in the current calendar year. To help
avoid this pitfall, use the following jingle:
- Add twenty plus one; have they had their birthday fun?
SALES TO INTOXICATED PERSONS
Sales to Intoxicated Persons
It is unlawful to sell or serve liquor, wine or beer to a person
who is, or appears to be, intoxicated. The laws governing the sale
of alcoholic beverages to intoxicated people apply to both on- and
off-premises licensees - bars, restaurants, hotels, motels, liquor
stores, convenience stores, grocery stores, etc.
Although it may be difficult to refuse the sale or service, the consequences
that may occur if appropriate action is not taken are significant.
Individuals who become intoxicated put themselves and others at risk
of injury and harm. Licensees (their employees and agents) who sell
or serve an alcoholic beverage to an intoxicated person must realize
that their failure to intervene may indirectly injure or kill someone.
Laws governing intoxicated individuals also apply to licensees. Intoxication
impairs judgment and interferes with sound business decisions. For
this reason, licensees may find it a good business practice not to
drink while at work.
Licensees who sell or serve an alcoholic beverage to an intoxicated
person are subject to criminal penalties. In addition, administrative
proceedings may be initiated for suspension or revocation of the license.
Licensees also may be held civilly liable under Iowa's Dram Shop Act
for serving an alcoholic beverage to an intoxicated person who causes
damage, injury or death of an innocent party. Licensees can minimize
their risk by never serving an alcoholic beverage to a person who
is or appears to be intoxicated.
Iowa Code sections §123.49(1), §123.92, §123.93 and
321J.2
Blood-Alcohol Concentration
Blood-Alcohol Concentration (BAC) is a measure used to classify
a person's degree of impairment. BAC refers to the amount of alcohol
in relation to blood in the body. The more alcohol in a person's blood,
the greater the degree of impairment. Under Iowa law, a person is
legally intoxicated when the blood-alcohol concentration is .08 or
higher, (.02 for people under 21).
Iowa Code sections §123.49(1) and 321J.2
Blood-Alcohol Concentration and Intoxication
An individual’s response to alcohol may vary depending upon
their tolerance for alcohol, amount of food intake, fatigue and other
factors. An individual’s driving may be impaired after only one
drink.
|
MALE BLOOD ALCOHOL CONCENTRATION GUIDE
|
|
Number of
Drinks Per Hour
|
PERCENT OF ALCOHOL IN BLOODSTREAM
|
|
|
BODYWEIGHT IN POUNDS
|
|
110
|
120
|
140
|
160
|
180
|
200
|
220
|
240
|
|
0
|
ONLY SAFE DRIVING LIMIT
|
|
1
|
.04
|
.03
|
.02
|
.02
|
.02
|
.02
|
.02
|
.02
|
Driving
Skills
IMPAIRED
|
|
2
|
.08
|
.06
|
.05
|
.05
|
.04
|
.04
|
.03
|
.03
|
|
3
|
.11
|
.09
|
.08
|
.07
|
.06
|
.06
|
.05
|
.05
|
|
4
|
.15
|
.12
|
.11
|
.09
|
.08
|
.08
|
.07
|
.06
|
|
5
|
.19
|
.16
|
.13
|
.12
|
.11
|
.09
|
.09
|
.08
|
LEGALLY DRUNK IN IOWA and most states
|
|
6
|
.23
|
.19
|
.16
|
.14
|
.13
|
.11
|
.10
|
.09
|
|
7
|
.26
|
.22
|
.19
|
.16
|
.15
|
.13
|
.12
|
.11
|
|
8
|
.30
|
.25
|
.21
|
.19
|
.17
|
.15
|
.14
|
.13
|
|
9
|
.34
|
.28
|
.24
|
.21
|
.19
|
.17
|
.15
|
.14
|
|
FEMALE BLOOD ALCOHOL CONCENTRATION GUIDE
|
|
Number of
Drinks Per Hour
|
PERCENT OF ALCOHOL IN BLOODSTREAM
|
|
|
BODYWEIGHT IN POUNDS
|
|
100
|
120
|
140
|
160
|
180
|
200
|
220
|
240
|
|
0
|
ONLY SAFE DRIVING LIMIT
|
|
1
|
.05
|
.04
|
.03
|
.03
|
.03
|
.02
|
.02
|
.02
|
Driving
Skills
IMPAIRED
|
|
2
|
.09
|
.08
|
.07
|
.06
|
.05
|
.05
|
.04
|
.04
|
|
3
|
.14
|
.11
|
.10
|
.09
|
.08
|
.07
|
.06
|
.06
|
|
4
|
.18
|
.15
|
.13
|
.11
|
.10
|
.09
|
.08
|
.08
|
LEGALLY
DRUNK IN
IOWA and
most states
|
|
5
|
.23
|
.19
|
.16
|
.14
|
.13
|
.11
|
.10
|
.09
|
|
6
|
.27
|
.23
|
.19
|
.17
|
.15
|
.14
|
.12
|
.11
|
|
7
|
.32
|
.27
|
.23
|
.20
|
.18
|
.16
|
.14
|
.13
|
|
8
|
.36
|
.30
|
.26
|
.23
|
.20
|
.18
|
.17
|
.15
|
|
9
|
.41
|
.34
|
.29
|
.26
|
.23
|
.20
|
.19
|
.17
|
Note: The data on the charts is indicative of only one hour of alcohol consumption.
Consuming multiple drinks per hour over a period of more than one hour would
render a person’s Blood Alcohol Content significantly higher than the
data listed on the chart for one hour of consumption.
Impaired Driving
|
BAC%
|
DRINKS CONSUMED
|
EFFECTS
|
|
Male
|
Female
|
|
0.02%
|
1
|
1
|
Ability to track moving objects and do tasks requiring
divided attention may suffer. |
|
0.05%
|
2 to 3
|
1 to 2
|
Thought, judgment and restraint more lax. Steering
errors increase. Vision impaired. |
|
0.08%
|
3 to 4
|
2 to 4
|
Legal limit in most states. Drivers are 3 to 4 times more likely to crash
than a sober driver. Movements are clumsy. Reaction time slows
more. |
0.10%
|
3 to 5
|
2 to 5
|
Drivers are 6 times
more likely to crash. Movements are clumsy. Reaction time
slows even more. |
|
0.15%
|
4 to 7
|
3 to 7
|
Crashing is 25 times more likely. Reaction
time increasingly affected especially in divided tasks. Field
of vision narrows. |
One drink = 1 oz. 80 proof spirits = 3 oz.
glass of 12% wine
= 12 oz. glass of 5% beer
Figures contained in the charts are averages, BAC and effects of alcohol on individuals vary widely. |
Visible Signs of Intoxication
Law enforcement officials and the courts use Blood-Alcohol Concentration
(BAC) to determine levels of intoxication. While licensees are not
expected to know a person's BAC, licensees should be able to recognize
the warning signs of intoxication.
By using careful observation and good judgment, licensees (their employees
and agents) can interpret the behavior of their customers in terms
of alcohol consumption. Alcohol affects a person's inhibitions first,
then judgment, reactions and finally coordination. Following are examples
of each of these stages:
- Loss of inhibitions: being overly friendly, bravado, loud speech,
changing from quiet to loud, drinking alone, annoying other customers.
- Impaired judgment: complains about the strength of a drink,
orders doubles, argumentative, foul language, careless with money,
buys drinks for strangers, irrational statements.
- Loss of reactions: lights more than one cigarette at a time,
unable to light a cigarette, eyes are glassy, dilated or bloodshot,
loss of train of thought, slurred speech, thick tongue when speaking.
- Loss of coordination: can't pick up change, spilling drinks,
unable to sit up straight or falls off stool, staggering or unbalanced
walk, stumbles or bumps into objects.
Alcoholic Beverages Equivalencies
It takes the body approximately one hour to eliminate each of the
following servings of beer, wine and liquor.
- 12 oz. of 5 percent alcohol beer
- 5 oz. of 12 percent alcohol wine
- 1-1/2 oz. of 80-proof liquor
Serving sizes may vary (1 oz. vs. 1-1/2 oz.) depending on the alcoholic
content of the liquor, wine and beer. Mixed drinks using two or more
shots are equal to two or more servings.
PROHIBITED PRACTICES
Credit Sales (Tabs)
Tabs and credit vouchers are not legal. Licensees may extend credit
only through the use of bona fide credit cards (American Express®,
Discover®, MasterCard®, Visa®, etc.). Patrons may run
a tab while drinking in an establishment, but licensees (their employees
and agents) must ensure that the tab is fully paid before the patron
leaves.
Exception: The law does not apply to sales by
clubs (class A liquor licensees) to bona fide members, nor to hotels
and motels (class B liquor licensees registered guests.)
Iowa Code section §123.49(2)(c)
Refilling ('Marrying') Bottles
Refilling and reusing liquor and wine bottles is unlawful. Licensees
may not:
- Refill a smaller “well” bottle from a larger bottle.
- Refill a bottle with a product other than that designated on the
label.
- Refill a bottle bearing the Iowa identifying marker with a product
imported from another state.
- Adulterate liquor or wine by the addition of any substance.
- Knowingly possess an original package that has been reused or adulterated.
Refilling and reusing liquor and wine bottles is a serious violation
that may result in suspension or revocation of the license.
Iowa Code sections §123.49(2)(d) and (e), and §123.50(2)
Illegal or Criminal Activity
Licensees are in violation of the laws and rules governing their license
if they knowingly allow illegal or criminal activity in their licensed
establishments. Examples of illegal or criminal activity include,
but are not limited to:
- Gambling in violation of Iowa Code chapters 99B (games of skill
or chance, raffles), 99D (pari-mutuel wagering), 99E (Iowa lottery)
and 99F (excursion boat gambling).
- Drug trafficking, pimping, panhandling, prostitution, indecent
exposure, (nude dancing, etc.) and failure to cooperate with law
enforcement officials.
- Violations of alcoholic beverages and related laws and regulations
and local ordinances.
- A license may be suspended or revoked or a civil penalty may
be imposed if licensees (their employees and agents) knowingly
allow illegal or criminal activity on the licensed premises (establishment
and designated outdoor service area, if applicable).
Iowa Code sections §123.49(2)(a) and (j), §123.50(2), and
Iowa Administrative Code 185-4.7
HOURS of SALE
Hours of Sale and Consuming Alcoholic Beverages
Hours of sale are the hours during which alcoholic beverages may be
lawfully sold and served. (Business hours are those during which licensees,
their employees, agents or patrons are in the licensed establishment.)
Consumption in a licensed establishment during the hours when alcoholic
beverages may not be sold or served is strictly forbidden. This applies
to patrons, licensees, employees, agents and family members.
Hours of Sale
The hours during which alcoholic beverages may be legally sold and
served are:
- Monday through Saturday 6 AM to 2 AM
- Sunday 8 AM to 2 AM
A Sunday sales privilege is required for all off-premises beer and
all on-premises liquor, wine and beer Sunday sales and service.
Licensees may not sell, serve, dispense, or consume alcoholic beverages
at private parties or while cleaning the establishment on Sundays,
unless the premises is also licensed for Sunday sales privilege.
Only Class E liquor licensees (carryout liquor) and Class B wine
permittees (carryout wine) have a Sunday sales privilege as part
of their basic license.
Iowa Code sections §123.36(6)§123.49(2)(b) and (k), and
§123.134(5)
Hours of Sale and Daylight Savings Time
Going from Central Standard Time to Daylight Savings Time in the
spring does not affect the legal hours of sale. (At 2 AM the time
becomes 3 AM)
Returning to Central Standard Time in the fall lawfully allows an
extra hour of sale. (At 2 AM the time becomes 1 AM. Therefore, licensees
may sell and serve alcoholic beverages for an additional hour.)
Iowa Code sections 1D, §123.36(6), §123.49(2)(b) and (k),
and §123.134(5)
New Year's Eve on Sunday
A special provision in the law allows on-premises Sunday liquor,
wine and beer sales without a Sunday sales privilege when New Year's
Eve falls on Sunday, Dec. 31. Hours of sale on New Year's Eve, Sunday,
Dec. 31, are:
- 8 AM on Sunday, Dec. 31, to 2 AM on the following Monday, Jan.
1.
The special provision allows on-premises liquor licensees and on-premises
Class B beer permittees to sell only those types of alcoholic beverages
allowed by their license. No additional fees are required for this
onetime special Sunday sales day. If on-premises licensees wish to
sell and serve alcoholic beverages on all other Sundays during the
year, a Sunday sales privilege must be obtained.
Note: The special provision does not apply to off-premises beer permittees.
Holders of class C beer permits must obtain a Sunday sales Privilege
to sell beer on New Year’s Eve, December 31st.
Iowa Code section §123.150
LAWS IMPORTANT TO BUSINESS OPERATION
Employees and Agents - Licensee's Responsibility
Licensees are responsible for their employees and agents while they
are working in the following capacities:
- On the licensed premises (selling and serving alcoholic beverages).
- Off the licensed premises (delivering alcoholic beverages).
If the licensee's employees and agents violate the laws or rules governing
the license, administrative proceedings may be initiated to impose
a civil penalty or to suspend or revoke the license.
Iowa Code section §123.49(2), and 185-4.8 Iowa Administrative
Code
Ages to Sell, Serve and Deliver
A licensee's employees and agents must be at least:
- 16 to sell and deliver (in original unopened containers) liquor,
wine and beer for off-premises consumption (grocery stores, convenience
stores, liquor stores, etc.).
- 18 to sell and dispense liquor, wine and beer for on-premises
consumption (restaurants, bars, clubs, etc.).
Note: Age requirements apply to the licensee’s
family members as well as nonfamily employees. If there is a local
ordinance governing minors in licensed establishments, the ordinance
applies.
Iowa Code sections §123.47, §123.49(2)(f), an1854.25 Iowa
Administrative Code
Local Ordinances
Local authorities may adopt ordinances governing licensed establishments
that are located within their jurisdiction. Local ordinances may be
more restrictive than state law, but may not conflict with the law.
For example, local authorities may not adopt ordinances changing the
legal hours of sale. (Hours of sale are specified by state law.)
Always check with the local authority to determine if local ordinances
apply to the licensed establishment. If the local authority has ordinances
governing the selling and serving of liquor, wine and beer, the local
ordinances apply to the licensed establishment. Violation of a local
ordinance may result in suspension of the license through a local
administrative hearing. Civil penalties may not be imposed for violations
of local ordinances.
Iowa Code section §123.39(2)
Record-Keeping Requirements
Licensees must maintain their business records on the licensed premises.
Iowa law requires licensees to make their records available to law
enforcement officials and to staff of the Iowa Alcoholic Beverages
Division during business hours or when the licensee, their employees,
agents or patrons are on the licensed premises.
Iowa Code sections §123.14, §123.21(11),
§123.33 and §123.138; also Internal Revenue Code 26 U.S.C.
5124
Display
of Licenses
Licensees must prominently display their liquor, wine or beer licenses
in full view of the public.
Iowa Code section §123.21(11), and 185-4.12 Iowa Administrative
Code
SOCIAL GAMBLING
Card and Parlor Games
Gambling is not legal in a licensed beer or liquor establishment
unless the establishment holds a social gambling license. A social
gambling license permits patrons of a beer or liquor establishment
to play card and parlor games for money. A social gambling license
does not authorize raffles, bingo or any other form of gambling not
specifically permitted. A social gambling license is a two-year license
and costs $150.00. Licensees must prominently display the gambling
license on the premises where the gambling is taking place. Licensees
may not charge a general admission fee or a cover charge at any time
social gambling is allowed. Licensees (including their employees and
agents) may not promote, sponsor, conduct or act as a banker or cashier
for social gambling. Bookmaking is illegal.
Participants must be at least 21 years old. A participant cannot win
or lose more than $50 during any 24-hour period. It is the licensee’s
responsibility to make sure these rules are enforced.
Games Permitted with a Social Gambling License:
- Backgammon, Bridge, Checkers, Chess, Cribbage, Darts, Dominoes,
Euchre, Gin Rummy, Hearts, Pinochle, Pitch, Poker and pool table games.
Games Specifically Prohibited by Law:
- Baccarat, Blackjack, Chemin de fer, Chuck-a-Luck, Craps, Equality,
Faro, Klondike, Pull-tab, Punchboard, Push card, Roulette, Slot
Machines and Three-Card Monte and Dice games (unless the dice are
part of a board game such as Monopoly).
Iowa Code sections 99B.6, §123.49(2)(a) and §123.50(2),
and 481 Iowa Administrative Code
Bona Fide Games
Bona fide contests may be conducted at a beer or liquor establishment
and do not require a social gambling license. A bona fide contest
is one where a prize is awarded to the person(s) winning the contest,
participation fees may be charged no gambling can occur during the
contest, and the contest must be conducted in a fair and honest manner.
Contests, leagues or tournaments that are legal include: athletic
or sporting contests, leagues or tournaments; rodeos; horseshoes;
golf, bowling; trap or skeet shoots; fly casting; tractor pulling;
rifle; pistol; musket; muzzle-loader; archery; horse races and harness
races; ski racing; airplane racing; snowmobile racing; raft racing;
boat racing; bicycle racing; motor vehicle racing; contest or exhibitions
or cooking; horticulture; livestock; poultry; fish or other animals;
artwork; hobby work or craftwork; cribbage; bridge; chess; checkers;
dominoes; pinochle; and on-line video golf with a trackball assembly.
If a contest, league or tournament is not on this list, it is not
a legal bona fide contest with or without a gambling license.
Iowa Code sections 99B.6, 123.49(2)(a), and 123.50(2) and 725 and
481-102 Iowa Administrative Code
Sports Pools
A social gambling license also allows licensees to conduct sports
pools in the licensed establishment. A sports pool is a game in which
the participants select a square on a numbered grid. Winners are determined
when the selected square corresponds to a number relating to the outcome
of an athletic event. Rules of the pool, including the cost per participant
and the amount of the winning must be publicly displayed. Participants
must be at least 21 and no participant may wager more than $5. Total
winnings of each pool may not exceed $500 and all monies wagered must
be awarded to participants.
Iowa Code sections 99B.6, §123.49(2)(a) and §123.50(2),
and 481 Iowa Administrative Code
Note: Please contact the Iowa Social and Charitable Gaming Division
at 515.281.7357 for complete information regarding sports pools and
social gambling.
THE LICENSED PREMISES
Licensed vs. Unlicensed Premises and Alcoholic Beverages
Liquor may be dispensed and consumed only on premises (establishment
and designated outdoor service area, if applicable) covered by a
liquor license. Patrons may not take filled or partially filled
glasses or bottles of liquor (including miniatures) out of a licensed
establishment. Licensees may not allow patrons to bring liquor onto
the licensed premises.
Wine and beer may be dispensed and consumed on unlicensed premises.
Although the Iowa Alcoholic Beverages Division does not encourage
the practice, patrons may take filled or partially filled glasses
of wine and beer out of the licensed establishment. Licensees may
- but are not required to - allow patrons to bring their own wine
and beer onto the licensed premises for their personal use.
Patrons may not consume liquor, wine or beer on a public highway
or street.
Iowa Code sections §123.46(2), §123.49(2)(g)
and §123.95
Use of Licensed Premises During Prohibited Hours of Sale
Liquor, wine and beer may not be sold, served, consumed or given
away on licensed premises during the prohibited hours of sale. The
restriction applies to licensees, their employees, agents, patrons
and family members. For example, licensees and staff may not consume
alcoholic beverages while cleaning the establishment, if the cleaning
is done after 2 AM.
Licensees may use the licensed establishments as a restaurant or
for other lawful purposes during prohibited hours, as long as alcoholic
beverages are not sold, served, consumed or given away. The Division
recommends that if licensees remain open for business during the
prohibited hours of sale, licensees remove all filled, partially
filled and empty liquor, wine and beer glasses from tables and other
areas that are accessible to patrons. The practice is recommended
even though the law does not mandate that licensees do so.
Iowa Code sections §123.49(2)(b) and (k), and 185-4.28 Iowa
Administrative Code
Fire Code and Capacity Limits
The state fire marshal is responsible for determining the maximum
number of patrons allowed in a licensed establishment. It is the licensee's
responsibility to monitor the number of patrons in the licensed establishment.
Licensees may not have more patrons in the establishment than the
allowable number designated by the fire marshal. Fire code violations
may result in suspension or revocation of the license.
Iowa Code sections §123.30, §123.128, §123.129 and
§123.176, and 166 Iowa Administrative Code
Premises Inspections
Licensed premises must be in compliance with state and local health,
fire and building code laws. Failure to maintain compliance at any
time during the licensed period may result in administrative proceedings
to suspend or revoke the license.
Licensees must allow the following individuals access to the licensed
establishment without a search warrant to examine and inspect for
compliance with the laws, rules and ordinances governing the license:
- Representatives from the Iowa Alcoholic Beverages Division and
the Iowa Department of Inspections and Appeals.
- Law enforcement officials from the Iowa Department of Public Safety,
and police and sheriff's departments.
- Fire, health and building code inspectors.
Whenever licensees complete a new or renewal liquor, wine or beer
license application, a signed affidavit is required,(incorporated
in the application) that agrees to allow the above individuals access
to their premises during business hours. Business hours include the
hours during which the licensees their employees, agents or patrons
are in the establishment.
Iowa Code sections §123.30, §123.128, §123.129 and
§123.176
Search Warrants
A search warrant is not required for inspection of the licensed establishment
and the business records that the licensee must maintain on the licensed
premises. Business records must be available to law enforcement officials
and representatives of the Iowa Alcoholic Beverages Division, Iowa
Department of Inspections and Appeals, and health and fire inspectors
during normal business hours or when the licensee, their employees,
agents or patrons are in the establishment.
Search warrants or subpoenas are required to inspect private records,
private business offices and attached living quarters.
Iowa Code sections §123.21(11), §123.30(1), §123.128(3),
§123.129(3) and §123.176(3)
Attempt to Destroy Evidence
If licensees, their agents, employees or patrons destroy or attempt
to destroy any liquid while in the presence of a law enforcement official
or while a law enforcement official is searching the premises, the
liquid is considered an alcoholic beverage that was intended for unlawful
purposes.
Iowa Code section §123.120
TRAFFICKING OF ALCOHOLIC BEVERAGES
Buying Alcoholic Beverages for Resale
Iowa's alcoholic beverages industry operates under a three-tier
system - importer (manufacturer) to wholesaler to retailer. All liquor,
wine and beer must be purchased through the three-tier system.
On-premises licensees (bars, restaurants, hotels, motels, etc.)
must purchase the liquor, wine and beer that is resold in licensed
establishments from the following sources:
- Liquor - from off-premises Class E liquor licensees (liquor
stores, grocery stores, etc.).
Iowa Code sections §123.22 and §123.30(3)
- Wine - from Iowa-licensed wine wholesalers. On-premises
licensees also may purchase limited quantities of wine (up to
one case per brand per day) from off-premises Class E liquor licensees
(liquor stores, grocery stores, etc.) who also are licensed to
sell bottles of wine.
Iowa Code sections §123.30(3), §123.173,
§123.177 and §123.178(3)
- Beer and wine coolers - from Iowa licensed beer wholesalers.
No exceptions!
Iowa Code sections §123.123, §123.130 and §123.131
Note: Iowa law requires gambling boats, excursion boats and trains
operating only within the state to observe the above requirements.
Iowa Code section §123.30(3)(d)(2)
Off-premises licensees (liquor stores, grocery stores, convenience
stores, etc.) must purchase the liquor, wine and beer that is sold
in licensed establishments from the following sources:
- Liquor - from the Iowa Alcoholic Beverages Division only. The
Iowa Alcoholic Beverages Division is the sole wholesaler of liquor
in Iowa.
Iowa Code sections §123.22 and §123.30(3)
- Wine - from Iowa-licensed wine wholesalers only. No exceptions!
Iowa Code sections §123.173, §123.177 and §123.178(3)
- Beer and wine coolers - from Iowa-licensed beer wholesalers only.
No exceptions!
Iowa Code sections §123.130 and §123.132
Transfer of Alcoholic Beverages between Licensed Premises
Liquor, wine and beer inventory may not be transferred from one
retail premises to another, even though the same person, partnership,
corporation or association owns all of the premises.
Exceptions: Inventory may be transferred when the retail establishment
from which the inventory is transferred has gone out of business
and when the retail license is transferred from one location to
another.
Iowa Code sections §123.22, §123.30(3), §123.123,
§123.130, §123.131, §123.132, §123.173, §123.177
and §123.178(3)
Identifying Markers
All bottles of liquor must have an approved "Iowa Refund 5¢"
marker. Iowa markers are displayed in one of the following manners:
- The words "Iowa Refund 5¢" printed or overprinted
by the manufacturer on the main front label of the bottle.
- A serially numbered Iowa Alcoholic Beverages Division stamp on
the front of the bottle where it is easily visible when the bottles
sit on a shelf or in a "well."
The identifying markers are proof that the liquor was lawfully purchased
in Iowa. Licensees may not purchase liquor, wine and beer outside
of the state for resale in their licensed establishments. (See consumer
importation limits.)
Iowa Code sections §123.21(7), §123.22 and
§123.26
Storage of Alcoholic Beverages
Licensees must store all liquor, wine and beer inventory on the
licensed premises. Under special circumstances, however, the Iowa
Alcoholic Beverages Division may authorize licensees to store alcoholic
beverages on premises other than those covered by the license. To
obtain authorization, licensees must submit a written request detailing
the special circumstances to the Division.
The Division grants such requests in writing. Letters of permission
include a beginning and ending date for the off-premises storage.
Letters of permission expire with the license and must be renewed
if the off-premises storage is to continue beyond license expiration.
Note: Only those alcoholic beverages allowed by the license may
be stored on the licensed premises.
Iowa Code section §123.21(9), and 185-4.31 Iowa Administrative
Code
Delivering Alcoholic Beverages
Licensees (their employees and agents) may deliver liquor, wine
and beer in original unopened containers. Deliveries must be:
- Made to an individual of legal-drinking age.
- Made during the legal hours of sale.
- Paid for before or at the time of delivery.
Licensees may deliver only those alcoholic beverages the license
allows them to sell. For example, only Class E liquor licensees
(liquor stores, grocery stores, etc.) may deliver bottles of liquor.
Licensees may hire a private delivery service to act as their agent
for the delivery of liquor, wine and beer. However, if the delivery
service (the agent) violates the law, administrative proceedings may
be initiated to impose a civil penalty, or to suspend or revoke the
licensee's license.
Iowa Code sections §123.21(10) and §123.49(2), 185-4.32
and 33 Iowa Administrative Code
Vending Machines
Liquor, wine and beer may not be sold from a vending machine. No
exceptions!
Iowa Code sections §123.21(3), §123.47, §123.49(1),
§123.49(2), and 185-4.41 Iowa Administrative Code
Disposing of Inventory When Going Out of Business
Licensees who go out of business may dispose of their liquor, wine
and beer inventory in one of the following manners. On-premises
licensees (bars, restaurants, hotels, etc.) may:
- Sell unopened bottles of liquor, wine and beer to the new licensee
who will operate at the same location.
- Return unopened bottles of liquor to the liquor store and unopened
bottles of wine and beer to the wine and beer wholesalers (if the
liquor store and wholesalers consent to the return).
Note: For health reasons, opened bottles and kegs must be destroyed.
Off-premises licensees (liquor stores, grocery stores, convenience
stores, etc.) may:
- Sell liquor, wine and beer inventory through going-out-of-business
sales.
- Return wine and beer to wine and beer wholesalers (if the wholesalers
consent to the return) and sell all liquor to another off-premises
Class E liquor licensee.
- Sell all liquor, wine and beer to another off-premises Class E
liquor licensee.
When liquor, wine and beer inventory is sold to another Class E
liquor licensee, the purchaser must take the entire inventory.
Iowa Code section §123.21(10), and 185-4.36 Iowa Administrative
Code
Bootlegging
Selling liquor, wine, beer and other alcoholic beverages without
a license is bootlegging. Whenever liquor, wine and beer are sold
or the cost is recovered in any manner, a license is required. Bootlegging
is a criminal offense (serious misdemeanor).
Note: The Iowa Alcoholic Beverages Division has jurisdiction over
license holders (individuals, partnerships, corporations, associations)
only. For example, the Division has no jurisdiction over individuals
who sell alcoholic beverages without a license (such as party hosts
who charge admission and serve alcoholic beverages) – even though
such activities are a serious violation of Iowa’s liquor laws.
Iowa Code sections §123.59, §123.60 through §123.88
and §123.119
PROMOTING ALCOHOLIC BEVERAGES
Advertising
Licensees may advertise price and brand names of liquor, wine and
beer in the following manner:
- Media (newspapers, radio, television, etc.).
- Inside signs (neon signs, mirrors, etc.).
- Outside signs (billboards, reader boards, etc.) which are not
located on the licensed premises.
- Licensees may not advertise specific brand names on signs located
on the outside of their licensed premises (in the parking lot, on
the outside of the building, etc.).
Exception: Outside signs with specific brand names of liquor, wine
and beer are legal when located in enclosed or partially enclosed
areas (patio umbrellas with specific name brands in a fenced outdoor
beer garden, etc.).
Iowa Code section §123.51
Tastings
Licensees may conduct tastings and samplings on the licensed premises
as long as the tasting or sampling involves only those alcoholic beverages
that their license allows them to sell. For example, an establishment
licensed to sell wine and beer must limit tastings or sampling to
wine and beer – no liquor.
Tastings and samplings that involve liquor must be conducted on premises
covered by a liquor license. Tastings that involve wine and beer may
be conducted on licensed and unlicensed premises.
All laws and rules governing liquor, wine and beer (legal-drinking
age, hours of sale, etc.) must be observed during tasting and sampling
activities.
Iowa Code sections §123.46(2), §123.95 and §123.186,
and 185 Iowa Administrative Code
PRODUCT INFORMATION
Alcoholic Beverages Defined
Alcoholic beverages contain more than 1/2 of 1 percent alcohol by
volume. Alcoholic beverages are classified as liquor, wine or beer
depending upon their alcoholic content and the manner in which the
beverages are made.
Iowa Code sections §123.3(4), (5), (7), (33) and (37)
Measuring Alcoholic Content
Alcoholic content is measured in three different ways: volume, weight
and proof. Liquor and some imported beers are measured by proof;
wine by volume; and most American beers by weight.
To compare the alcoholic content of liquor, wine and beer, use these
conversion formulas.
|
FROM
|
TO
|
CONVERSION FORMULA
|
| PROOF |
VOLUME |
PROOF / 2 |
| PROOF |
WEIGHT |
PROOF / 2 X .8 |
| VOLUME |
PROOF |
VOLUME X 2 |
| VOLUME |
WEIGHT |
VOLUME X .8 |
| WEIGHT |
VOLUME |
WEIGHT / .8 |
| WEIGHT |
PROOF |
WEIGHT / .8 X 2 |
| Example: A Canadian beer marked 8 proof
is rated 4% by volume (8% divided by 2 = 4%). Multiply that
by .8 to get 3.2% alcoholic content measured by weight. (8 proof
= 4% volume = 3.2% weight). |
Nonalcoholic Beer
Nonalcoholic (NA) beer contains 1/2 of 1 percent (or less) alcohol
by volume. Under Iowa law, beer contains more than 1/2 of 1 percent
alcohol by volume.
Because NA beer does not contain enough alcohol to be classified as
a beer, the laws and rules governing beer (legal-drinking age, hours
of sale, etc.) do not apply. For example, licensees may lawfully sell
and dispense NA beer to people under the legal-drinking age.
The Division does not encourage selling and serving NA beer to persons
under the legal-drinking age. When on-premises licensees serve NA
beer to individuals under 21, the Division recommends that the NA
beer be served in the original container - not in a glass. The practice
will assist law enforcement officials when entering an establishment
and observing someone under the legal-drinking age consuming a beverage
that looks and smells like beer.
Iowa Code sections §123.3(4) and (7)
|
