123.173 - WINE PERMITS -- CLASSES -- AUTHORITY.
123.173 WINE PERMITS -- CLASSES -- AUTHORITY.
1. Permits exclusively for the sale or manufacture and sale of
wine shall be divided into four classes, and shall be known as class
"A", "B", "B" native, or "C" native wine permits.
2. A class "A" wine permit allows the holder to manufacture and
sell, or sell at wholesale, in this state, wine as defined in section
123.3, subsection 37. The holder of a class "A" wine permit may
manufacture in this state wine having an alcoholic content greater
than seventeen percent by weight or twenty-one and twenty-five
hundredths percent of alcohol by volume for shipment outside this
state. All class "A" premises shall be located within the state. A
class "B" or class "B" native wine permit allows the holder to sell
wine at retail for consumption off the premises. A class "B" or
class "B" native wine permittee who also holds a class "E" liquor
control license may sell wine to class "A", class "B", and class "C"
liquor control licensees for resale for consumption on the premises.
Such wine sales shall be in quantities of less than one case of any
wine brand but not more than one such sale shall be made to the same
liquor control licensee in a twenty-four-hour period. A class "B" or
class "B" native wine permittee shall not sell wine to other class
"B", or class "B" native wine permittees. A class "C" native wine
permit allows the holder to sell wine for consumption on or off the
premises.
3. A class "A" wine permittee shall be required to deliver wine
to a retail wine permittee, and a retail wine permittee shall be
required to accept delivery of wine from a class "A" wine permittee,
only at the licensed premises of the retail wine permittee. Except
as specifically permitted by the division upon good cause shown,
delivery or transfer of wine from an unlicensed premises to a
licensed retail wine permittee's premises, or from one licensed
retail wine permittee's premises to another licensed retail wine
permittee's premises, even if there is common ownership of all of the
premises by one retail permittee, is prohibited. A class "B" or
class "B" native wine permittee who also holds a class "E" liquor
control license shall keep and maintain records for each sale of wine
to liquor control licensees showing the name of the establishment to
which wine was sold, the date of sale, and the brands and number of
bottles sold to the liquor control licensee.
4. When a class "B" or class "B" native wine permittee who also
holds a class "E" liquor control license sells wine to a class "A",
class "B", or class "C" liquor control licensee, the liquor control
licensee shall sign a report attesting to the purchase. The class
"B" or class "B" native wine permittee who also holds a class "E"
liquor control license shall submit to the division, on forms
supplied by the division, not later than the tenth of each month a
report stating each sale of wine to class "A", class "B", and class
"C" liquor control licensees during the preceding month, the date of
each sale, and the brands and numbers of bottles with each sale. A
class "B" permittee who holds a class "E" liquor control license may
sell to class "A", class "B", or class "C" liquor control licensees
only if the licensed premises of the liquor control licensee is
located within the geographic territory of the class "A" wine
permittee from which the wine was originally purchased by the class
"B" wine permittee. Section History: Recent Form
85 Acts, ch 32, §64; 88 Acts, ch 1241, §22; 91 Acts, ch 203, §2,
3; 2003 Acts, ch 143, §7, 17; 2006 Acts, ch 1032, §2