123.24 - ALCOHOLIC LIQUOR SALES BY THE DIVISION -- DISHONORED CHECKS -- LIQUOR PRICES.
123.24 ALCOHOLIC LIQUOR SALES BY THE DIVISION --
DISHONORED CHECKS -- LIQUOR PRICES.
1. The division shall sell alcoholic liquor at wholesale only.
The division shall sell alcoholic liquor to class "E" liquor control
licensees only. The division shall offer the same price on alcoholic
liquor to all class "E" liquor control licensees without regard for
the quantity of purchase or the distance for delivery. However, the
division may assess a split-case charge when liquor is sold in
quantities which require a case to be split.
2. a. The division may accept from a class "E" liquor control
licensee a cashier's check which shows the licensee is the remitter
or a check issued by the licensee in payment of alcoholic liquor. If
a check is subsequently dishonored, the division shall cause a notice
of nonpayment and penalty to be served upon the class "E" liquor
control licensee or upon any person in charge of the licensed
premises. The notice shall state that if payment or satisfaction for
the dishonored check is not made within ten days of the service of
notice, the licensee's liquor control license may be suspended under
section 123.39. The notice of nonpayment and penalty shall be in a
form prescribed by the administrator, and shall be sent by certified
mail.
b. If upon notice and hearing under section 123.39 and
pursuant to the provisions of chapter 17A concerning a contested case
hearing, the administrator determines that the class "E" liquor
control licensee failed to satisfy the obligation for which the check
was issued within ten days after the notice of nonpayment and penalty
was served on the licensee as provided in paragraph "a" of this
subsection, the administrator may suspend the licensee's class "E"
liquor control license for a period not to exceed ten days.
3. The administrator may refuse to sell alcoholic liquor to a
class "E" liquor control licensee who tenders a check or electronic
funds transfer which is subsequently dishonored until the outstanding
obligation is satisfied.
4. The price of alcoholic liquor sold by the division shall
include a markup of up to fifty percent of the wholesale price paid
by the division for the alcoholic liquor. The markup shall apply to
all alcoholic liquor sold by the division; however, the division may
increase the markup on selected kinds of alcoholic liquor sold by the
division if the average return to the division on all sales of
alcoholic liquor does not exceed the wholesale price paid by the
division and the fifty percent markup.
5. Notwithstanding subsection 4, the division shall assess a
bottle surcharge to be included in the price of alcoholic liquor in
an amount sufficient, when added to the amount not refunded to class
"E" liquor control licensees pursuant to section 455C.2, to pay the
costs incurred by the division for collecting and properly disposing
of the liquor containers. The amount collected pursuant to this
subsection, in addition to any amounts not refunded to class "E"
liquor control licensees pursuant to section 455C.2, shall be
deposited in the beer and liquor control fund established under
section 123.53. Section History: Early Form
[C35, § 1921-f20, 1921-f41; C39, § 1921.020, 1921.041; C46,
50, 54, 58, 62, 66, 71, § 123.20, 123.41; C73, 75, 77, 79, 81, §
123.24; 81 Acts, ch 56, § 1] Section History: Recent Form
86 Acts, ch 1246, § 734; 87 Acts, ch 22, § 1, 2; 88 Acts, ch 1158,
§ 29; 88 Acts, ch 1241, § 5; 92 Acts, ch 1242, § 24; 93 Acts, ch 91,
§ 4, 5
Referred to in §22.7