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