IOWA ALCOHOLIC BEVERAGES DIVISION

Introduction

The Iowa Alcoholic Beverages Division (ABD) is required by Executive Order Number 9 to prepare a regulatory plan listing each regulatory action or potential rule currently under active consideration or development that the ABD reasonably expects to issue in proposed or final form during each fiscal year. This Plan is the ABD's regulatory plan for fiscal year 2004, which began July 1, 2003.

Regulatory Objectives and Priorities

During the upcoming year, the ABD will review its existing rules to ensure they are current, clear and flexible enough to respond to Iowa's alcoholic beverages industry and to ensure that they protect the welfare, health, peace, morals, and safety of Iowans. Many of the anticipated rulemakings will address changes which will make it easier for the ABD constituents to do business with the agency and which will reflect organizational changes within the ABD.

Need for Action and Governor's Priorities

The anticipated rulemakings are consistent with the initiatives outlined in Executive Orders 8 and 9. They will eliminate outdated, redundant, over-broad, ineffective, or otherwise undesirable rules while meeting the standards of reasonableness, effectiveness, clarity, fairness and consistency with legislation and statute. The rules will carry out the provisions of Iowa Code section 123.1 and the "Health" and "Safe Communities" goals of the Vilsack/Pederson Leadership Agenda.

Legal Basis

The ABD adopts only those rules that are authorized by statute and specifically aid in interpreting the provisions of Iowa Code chapter 123. Section 123.21 gives the ABD administrator authority to establish rules necessary to carry out Iowa Code chapter 123. Under section 123.1, Chapter 123, "… shall be deemed an exercise of the police power of the state, for the protection of the welfare, health, peace, morals, and safety of the people of the state, and all its provisions shall be liberally construed for the accomplishment of that purpose." It is declared to be public policy that the traffic in alcoholic liquors is so affected with a public interest that it should be regulated to the extent of prohibiting all traffic in them, except as provided in this chapter."

Iowa Alcoholic Beverages Division Rule-Making Plan

Chapter Number*	Chapter Title	Description of Anticipated Rulemaking	Tentative Timeline for Submittal to ABD Commission	Agency Contact
IAC 185
1	Organization and Operation	Amend to update ABD structure and duties. (Iowa Code §17A.3(1))	June 30,2004	Judy Seib 281-7414
2	Agency Procedure for Rule Making	None anticipated. (Iowa Code §§ 17A.3 through 7A.8)
3	Declaratory Orders	None anticipated. (Iowa Code §17A.9)
4	Liquor Licenses—Beer Permits—Wine Permits	Amend to update existing rules and to streamline others to make it easier for ABD constituency to do business with the agency. (Iowa Code §§ 17A.18, 123.3, 123.21, 123.24, 123.30,123.32, 123.38, 123.39, 123.46, 123.47, 123.49(2), 123.95, 123.127, 123.141, 123.178)	June 30, 2004	Judy Seib 281-7414
5	License and Permit Division	Amend to address statutory changes effecting native wineries and to update language in existing rules. (Iowa Code §§ 123.21, 123.30, 123.41, 123.56, 123.92, 123.93, 123.94, 123.127, 123.183)	June 30, 2004	Judy Seib 281-7414
8	Transportation and Warehouse	Amend to update language in existing rules. (Iowa Code §§ 123.19, 123.21, 123.22, 123.98 through 123.106)	June 30, 2004	Judy Seib 281-7414
10	Contested Cases	ABD is contemplating a rule regarding settlements where statutory penalties are provided. Alternatively, a new chapter 11, penalties, may be added to expedite resolution of matters pending before ABD. (Iowa Code §§ 17A.10A-17A.20, 123.32, 123.39)	June 30, 2004	Judy Seib 281-7414
12	Forms	Amend to update and streamline forms. (Iowa Code §§ 17A.7, 17A.9, 17A.12, 123.30(1), 123.21, 123.39, 123.43, 123.92, 123.127, 123.175)	June 30, 2004	Judy Seib 281-7414
14	Private Wine Sales	Amend to streamline and update rules. (Iowa Code §§ 123.21(6), 123.180(5), 123.182)	June 30, 2004	Judy Seib 281-7414
16	Trade Practices	Amend to address changes in federal Alcohol Administration Act, subparts 6, 8,10 and 11. (Iowa Code §§ 123.21, 123.45, 123.186, 27 CFR)	June 30, 2004	Judy Seib 281-7414
17	Class E Liquor Control Licenses	Amend to update language in existing rules. (Iowa Code §§ 123.21, 123.34, 123.30, 123.36(9), 123.47)	June 30, 2004	Judy Seib 281-7414
18	Public Records and Fair Information Practices	None anticipated. (Iowa Code § 22.11)
19	Waiver From Rules	None anticipated. (Iowa Code §§ 17A.9A, 17A.10))
	*The above table does not contain rule chapters that are reserved or have been repealed.

Contemplated Schedule

The tentative schedule for each rulemaking to be presented to the ABD commission is provided in the following table.

Agency Contact

Administrative Rules Coordinator:
Judy K. Seib
Phone: 515.281.7414
Fax: 515.281.7385
E-mail: Seib@IowaABD.com