123.3 - DEFINITIONS.
123.3 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Administrator" means the administrator of the division,
appointed pursuant to the provisions of this chapter, or the
administrator's designee.
2. "Air common carrier" means a person engaged in
transporting passengers for hire in interstate or foreign commerce by
aircraft and operating regularly scheduled flights under a
certificate of public convenience issued by the civil aeronautics
board.
3. "Alcohol" means the product of distillation of any
fermented liquor rectified one or more times, whatever may be the
origin thereof, and includes synthetic ethyl alcohol.
4. "Alcoholic beverage" means any beverage containing more
than one-half of one percent of alcohol by volume including alcoholic
liquor, wine, and beer.
5. "Alcoholic liquor" or "intoxicating liquor" means the
varieties of liquor defined in subsections 3 and 33 which contain
more than five percent of alcohol by weight, beverages made as
described in subsection 7 which beverages contain more than five
percent of alcohol by weight but which are not wine as defined in
subsection 37, and every other liquid or solid, patented or not,
containing spirits and every beverage obtained by the process
described in subsection 37 containing more than seventeen percent
alcohol by weight or twenty-one and twenty-five hundredths percent of
alcohol by volume, and susceptible of being consumed by a human
being, for beverage purposes. Alcohol manufactured in this state for
use as fuel pursuant to an experimental distilled spirits plant
permit or its equivalent issued by the federal bureau of alcohol,
tobacco and firearms is not an "alcoholic liquor".
6. "Application" means a formal written request for the
issuance of a permit or license supported by a verified statement of
facts.
7. "Beer" means any liquid capable of being used for beverage
purposes made by the fermentation of an infusion in potable water of
barley, malt, and hops, with or without unmalted grains or
decorticated and degerminated grains or made by the fermentation of
or by distillation of the fermented products of fruit, fruit
extracts, or other agricultural products, containing more than
one-half of one percent of alcohol by volume but not more than five
percent of alcohol by weight but not including mixed drinks or
cocktails mixed on the premises.
8. "Brewer" means any person who manufactures beer for the
purpose of sale, barter, exchange, or transportation.
8A. "Broker" means a person who represents or promotes
alcoholic liquor within the state on behalf of the holder of a
distiller's certificate of compliance through an agreement with the
distiller, and whose name is disclosed on a distiller's current
certificate of compliance as its representative in the state. An
employee of the holder of a distiller's certificate of compliance is
not a broker.
9. "City" means a municipal corporation but not including a
county, township, school district, or any special purpose district or
authority.
10. "Club" means any nonprofit corporation or association of
individuals, which is the owner, lessee, or occupant of a permanent
building or part thereof, membership in which entails the prepayment
of regular dues and is not operated for a profit other than such
profits as would accrue to the entire membership.
11. "Commercial establishment" means a place of business
which is at all times equipped with sufficient tables and seats to
accommodate twenty-five persons at one time, and the licensed
premises of which conform to the standards and specifications of the
division.
12. "Commission" means the alcoholic beverages commission
established by this chapter.
12A. "Designated security employee" means an agent, contract
employee, independent contractor, servant, or employee of a licensee
or permittee who works in a security position in any capacity at a
commercial establishment licensed or permitted under this chapter.
13. "Distillery", "winery", and "brewery" mean not only
the premises where alcohol or spirits are distilled, wine is
fermented, or beer is brewed, but in addition mean a person owning,
representing, or in charge of such premises and the operations
conducted there, including the blending and bottling or other
handling and preparation of alcoholic liquor, wine, or beer in any
form.
14. "Division" means the alcoholic beverages division of the
department of commerce established by this chapter.
15. "Hotel" or "motel" means premises licensed by the
department of inspections and appeals and regularly or seasonally
kept open in a bona fide manner for the lodging of transient guests,
and with twenty or more sleeping rooms.
16. "Import" means the transporting or ordering or arranging
the transportation of alcoholic liquor, wine, or beer into this state
whether by a resident of this state or not.
17. "Importer" means the person who transports or orders,
authorizes, or arranges the transportation of alcoholic liquor, wine,
or beer into this state whether the person is a resident of this
state or not.
18. The terms "in accordance with the provisions of this
chapter", "pursuant to the provisions of this title", or
similar terms shall include all rules and regulations of the division
adopted to aid in the administration or enforcement of those
provisions.
19. "Legal age" means twenty-one years of age or more.
20. "Licensed premises" or "premises" means all rooms,
enclosures, contiguous areas, or places susceptible of precise
description satisfactory to the administrator where alcoholic
beverages, wine, or beer is sold or consumed under authority of a
liquor control license, wine permit, or beer permit. A single
licensed premises may consist of multiple rooms, enclosures, areas or
places if they are wholly within the confines of a single building or
contiguous grounds.
21. "Local authority" means the city council of any
incorporated city in this state, or the county board of supervisors
of any county in this state, which is empowered by this chapter to
approve or deny applications for retail beer or wine permits and
liquor control licenses; empowered to recommend that such permits or
licenses be granted and issued by the division; and empowered to take
other actions reserved to them by this chapter.
22. "Manufacture" means to distill, rectify, ferment, brew,
make, mix, concoct, or process any substance capable of producing a
beverage containing more than one-half of one percent of alcohol by
volume and includes blending, bottling, or the preparation for sale.
22A. "Native wine" means wine manufactured in this state.
23. "Package" means any container or receptacle used for
holding alcoholic liquor.
24. "Permit" or "license" means an express written
authorization issued by the division for the manufacture or sale, or
both, of alcoholic liquor, wine, or beer.
25. "Person" means any individual, association, partnership,
corporation, club, hotel or motel, or municipal corporation owning or
operating a bona fide airport, marina, park, coliseum, auditorium, or
recreational facility in or at which the sale of alcoholic liquor,
wine, or beer is only an incidental part of the ownership or
operation.
26. "Person of good moral character" means any person who
meets all of the following requirements:
a. The person has such financial standing and good reputation
as will satisfy the administrator that the person will comply with
this chapter and all laws, ordinances, and regulations applicable to
the person's operations under this chapter. However, the
administrator shall not require the person to post a bond to meet the
requirements of this paragraph.
b. The person is not prohibited by section 123.40 from
obtaining a liquor control license or a wine or beer permit.
c. Notwithstanding paragraph "e", the applicant is a
citizen of the United States and a resident of this state, or
licensed to do business in this state in the case of a corporation.
Notwithstanding paragraph "e", in the case of a partnership, only
one general partner need be a resident of this state.
d. The person has not been convicted of a felony. However,
if the person's conviction of a felony occurred more than five years
before the date of the application for a license or permit, and if
the person's rights of citizenship have been restored by the
governor, the administrator may determine that the person is of good
moral character notwithstanding such conviction.
e. The requirements of this subsection apply to the
following:
(1) Each of the officers, directors, and partners of such person.
(2) A person who directly or indirectly owns or controls ten
percent or more of any class of stock of such person.
(3) A person who directly or indirectly has an interest of ten
percent or more in the ownership or profits of such person.
27. "Public place" means any place, building, or conveyance
to which the public has or is permitted access.
28. "Residence" means the place where a person resides,
permanently or temporarily.
29. "Retail beer permit" means a class "B" or class "C" beer
permit issued under the provisions of this chapter.
30. "Retail wine permit" means a class "B" wine permit, class
"B" native wine permit, or class "C" native wine permit issued under
this chapter.
31. "Retailer" means any person who shall sell, barter,
exchange, offer for sale, or have in possession with intent to sell
any alcoholic liquor, wine, or beer for consumption either on or off
the premises where sold.
32. The prohibited "sale" of alcoholic liquor, wine, or beer
under this chapter includes soliciting for sales, taking orders for
sales, keeping or exposing for sale, delivery or other trafficking
for a valuable consideration promised or obtained, and procuring or
allowing procurement for any other person.
33. "Spirits" means any beverage which contains alcohol
obtained by distillation mixed with drinkable water and other
substances in solution, including, but not limited to, brandy, rum,
whisky, and gin.
34. "Unincorporated town" means a compactly populated area
recognized as a distinct place with a distinct place-name which is
not itself incorporated or within the corporate limits of a city.
35. "Warehouse" means any premises or place primarily
constructed or used or provided with facilities for the storage in
transit or other temporary storage of perishable goods or for the
conduct of normal warehousing business.
36. "Wholesaler" means any person, other than a vintner,
brewer or bottler of beer or wine, who shall sell, barter, exchange,
offer for sale, have in possession with intent to sell, deal or
traffic in alcoholic liquor, wine, or beer. A wholesaler shall not
sell for consumption upon the premises.
37. "Wine" means any beverage containing more than five
percent of alcohol by weight but not more than seventeen percent of
alcohol by weight or twenty-one and twenty-five hundredths percent of
alcohol by volume obtained by the fermentation of the natural sugar
contents of fruits or other agricultural products but excluding any
product containing alcohol derived from malt or by the distillation
process from grain, cereal, molasses, or cactus. Section History: Early Form
[C35, § 1921-f5, 1921-f97; C39, § 1921.005, 1921.096; C46, 50,
54, 58, 62, 66, 71, § 123.5, 124.2; C73, 75, 77, 79, 81, § 123.3; 81
Acts, ch 55, § 1] Section History: Recent Form
85 Acts, ch 32, §5--8; 86 Acts, ch 1122, § 2--4; 86 Acts, ch 1246,
§ 724, 725; 88 Acts, ch 1088, §1; 88 Acts, ch 1241, §1; 89 Acts, ch
161, § 1; 93 Acts, ch 91, § 1; 94 Acts, ch 1017, §1; 97 Acts, ch 126,
§ 1; 2000 Acts, ch 1201, §1; 2003 Acts, ch 143, §1, 2, 17; 2005 Acts,
ch 13, §1; 2006 Acts, ch 1032, §1; 2006 Acts, ch 1185, §118
Referred to in § 7D.16, 99B.6, 99F.4, 123.32, 123.130, 123.140,
123.173, 123.175, 142D.2, 175A.1, 455B.301, 455C.1, 455C.5, 455C.16