123.180 - VINTNER'S CERTIFICATE OF COMPLIANCE -- WHOLESALE AND RETAIL RESTRICTIONS -- PENALTY.
123.180 VINTNER'S CERTIFICATE OF COMPLIANCE --
WHOLESALE AND RETAIL RESTRICTIONS -- PENALTY.
1. A manufacturer, vintner, bottler, importer, or vendor of wine
or an agent thereof desiring to ship, sell, or have wine brought into
this state for resale by the division or for sale at wholesale by a
class "A" permittee shall first make application for and shall be
issued a vintner's certificate of compliance by the administrator for
that purpose. The vintner's certificate of compliance shall expire
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 vintner's
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 vintner's certificate of compliance shall furnish
the information required by the administrator in the form the
administrator requires. A vintner or wine bottler whose plant is
located in Iowa and who otherwise holds a class "A" wine permit to
sell wine at wholesale is exempt from the fee, but not the other
terms and conditions. The holder of a vintner's certificate of
compliance may also hold a class "A" wine permit.
2. At the time of applying for a vintner's certificate of
compliance, each applicant shall file with the division a list of all
class "A" wine permittees with whom it intends to do business. The
listing of class "A" wine permittees as filed with the division may
be amended from time to time by the holder of the certificate of
compliance.
3. All class "A" wine permit holders shall sell only those brands
of wine which are manufactured, bottled, fermented, shipped, or
imported by a person holding a current vintner's certificate of
compliance. An employee or agent working for or representing the
holder of a vintner's certificate of compliance within this state
shall register the employee's or agent's name and address with the
division. These names and addresses shall be filed with the
division's copy of the certificate of compliance issued except that
this provision does not require the listing of those persons who are
employed on the premises of a bottling plant, or winery where wine is
manufactured, fermented, or bottled in Iowa or the listing of those
persons who are thereafter engaged in the transporting of the wine.
4. It is unlawful for a holder of a vintner's certificate of
compliance or the holder's agent, or any class "A" wine permittee or
the permittee's agent, to discriminate between class "B" wine
permittees authorized to sell wine at retail.
5. It is unlawful for a holder of a vintner's certificate of
compliance or the vintner's agent who is engaged in the business of
selling wine to class "A" wine permittees to discriminate between
class "A" wine permittees authorized to sell wine at wholesale.
6. Regardless of any other penalties provided by this chapter,
any holder of a certificate of compliance relating to wine or a class
"A" permittee 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 subject to suspension of the certificate of compliance or
permit for a period not to exceed one year, or to both civil fine and
suspension. Civil fines imposed under this section shall be
collected and retained by the division. Section History: Recent Form
85 Acts, ch 32, § 71; 89 Acts, ch 161, § 8; 89 Acts, ch 252, § 4
Referred to in § 123.177