123.135 - CERTIFICATE OF COMPLIANCE -- CIVIL PENALTY.
123.135 CERTIFICATE OF COMPLIANCE -- CIVIL PENALTY.
1. A manufacturer, brewer, bottler, importer, or vendor of beer
or any agent thereof desiring to ship or sell beer, or have beer
brought into this state for resale by a class "A" permittee shall
first make application for and be issued a brewer's certificate of
compliance by the administrator for that purpose. The certificate of
compliance expires at the end of one year from the date of issuance
and shall be renewed for a like period upon application to the
administrator unless otherwise revoked for cause. Each application
for a certificate of compliance or renewal of a certificate shall be
accompanied by a fee of one hundred dollars payable to the division.
Each holder of a certificate of compliance shall furnish the
information in the form the administrator requires. A brewer whose
plant is located in Iowa and who otherwise holds a class "A" beer
permit to sell beer at wholesale is exempt from the fee, but not from
the terms and conditions of the permit. The holder of a special
class "A" permit is exempt from the requirements of this section.
2. At the time of applying for a certificate of compliance, each
applicant shall file with the division a list of all class "A"
permittees with whom it intends to do business and shall designate
the geographic area in which its products are to be distributed by
such permittee. The listing of class "A" permittees and geographic
area as filed with the division may be amended from time to time by
the holder of a certificate of compliance.
3. All class "A" permit holders shall sell only those brands of
beer which are manufactured, brewed, bottled, shipped, or imported by
a person holding a current certificate of compliance. Any employee
or agent working for or representing the holder of a certificate of
compliance within this state shall register the employee's or agent's
name and address with the division, which names and addresses shall
be filed with the division's copy of the certificate of compliance
issued.
4. It shall be unlawful for any holder of a certificate of
compliance or the holder's agent, or any class "A" permit holder or
the permit holder's agent, to grant to any retail beer permit holder,
directly or indirectly, any rebates, free goods, or quantity
discounts on beer which are not uniformly offered to all retail
permittees.
5. Notwithstanding any other penalties provided by this chapter,
any holder of a certificate of compliance or any class "A" permit
holder who violates this chapter or the rules adopted pursuant to
this chapter is subject to a civil fine not to exceed one thousand
dollars or suspension of the holder's certificate or permit for a
period not to exceed one year, or both such civil fine and
suspension. Civil fines imposed under this section shall be
collected and retained by the division. Section History: Early Form
[C73, 75, 77, 79, 81, § 123.135] Section History: Recent Form
89 Acts, ch 221, § 6; 89 Acts, ch 252, § 3