123.19 - DISTILLER'S CERTIFICATE OF COMPLIANCE -- INJUNCTION -- PENALTY.
123.19 DISTILLER'S CERTIFICATE OF COMPLIANCE --
INJUNCTION -- PENALTY.
1. Any manufacturer, distiller or importer of alcoholic beverages
shipping, selling, or having alcoholic beverages brought into this
state for resale by the state shall, as a condition precedent to the
privilege of so trafficking in alcoholic liquors in this state,
annually make application for and hold a distiller's certificate of
compliance which shall be issued by the administrator for that
purpose. No brand of alcoholic liquor shall be sold by the division
in this state unless the manufacturer, distiller, importer, and all
other persons participating in the distribution of that brand in this
state have obtained a certificate. The 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 suspended or revoked for cause. Each
application for a certificate of compliance or renewal shall be made
in a manner and upon forms prescribed by the administrator and shall
be accompanied by a fee of fifty dollars payable to the division.
However, this subsection need not apply to a manufacturer, distiller,
or importer who ships or sells in this state no more than eleven
gallons or its case equivalent during any fiscal year as a result of
"special orders" which might be placed, as defined and allowed by
divisional rules adopted under this chapter.
2. At the time of applying for a certificate of compliance, each
applicant shall file with the division the name and address of its
authorized agent for service of process which shall remain effective
until changed for another, and a list of names and addresses of all
representatives, employees, or attorneys whom the applicant has
appointed in the state of Iowa to represent it for any purpose. The
listing shall be amended from time to time by the certificate holder
as necessary to keep the listing current with the division.
3. The administrator and the attorney general are authorized to
require any certificate holder or person listed as the certificate
holder's representative, employee, or attorney to disclose such
financial and other records and transactions as may be considered
relevant in discovering violations of this chapter or of rules and
regulations of the division or of any other provision of law by any
person.
4. Any violation of the requirements of this section, except
subsection 3, shall subject the violator to the general penalties
provided in this chapter and in addition to the general penalties, is
grounds for suspension or revocation of the certificate of
compliance, after notice and hearing before the administrator.
Willful failure to comply with requirements which may be imposed
under subsection 3 is grounds for suspension or revocation of the
certificate of compliance only.
5. This section shall not require the listing of those persons
who are employed on premises where alcoholic beverages are
manufactured, processed, bottled or packaged in Iowa or persons who
are thereafter engaged in the transporting of such alcoholic
beverages to the division.
6. The attorney general may also proceed pursuant to the
provisions of section 714.16 in order to gain compliance with
subsection 3 of this section and may obtain an injunction prohibiting
any further violations of this chapter or other provisions of law.
Any violation of that injunction shall be punished as contempt of
court pursuant to chapter 665 except that the maximum fine that may
be imposed shall not exceed fifty thousand dollars. Section History: Early Form
[C73, 75, 77, 79, 81, § 123.19] Section History: Recent Form
85 Acts, ch 32, § 15; 86 Acts, ch 1237, § 6; 93 Acts, ch 91, § 3