123.30 - LIQUOR CONTROL LICENSES -- CLASSES.
123.30 LIQUOR CONTROL LICENSES -- CLASSES.
1. a. A liquor control license may be issued to any person
who is of good moral character as defined by this chapter.
b. As a condition for issuance of a liquor control license or
wine or beer permit, the applicant must give consent to members of
the fire, police, and health departments and the building inspector
of cities; the county sheriff, deputy sheriff, members of the
department of public safety, representatives of the division and of
the department of inspections and appeals, certified police officers,
and any official county health officer to enter upon areas of the
premises where alcoholic beverages are stored, served, or sold,
without a warrant during business hours of the licensee or permittee
to inspect for violations of this chapter or ordinances and
regulations that cities and boards of supervisors may adopt.
However, a subpoena issued under section 421.17 or a warrant is
required for inspection of private records, a private business
office, or attached living quarters. Persons who are not certified
peace officers shall limit the scope of their inspections of licensed
premises to the regulatory authority under which the inspection is
conducted. All persons who enter upon a licensed premises to conduct
an inspection shall present appropriate identification to the owner
of the establishment or the person who appears to be in charge of the
establishment prior to commencing an inspection; however, this
provision does not apply to undercover criminal investigations
conducted by peace officers.
c. As a further condition for the issuance of a class "E"
liquor control license, the applicant shall post a bond in a sum of
not less than five thousand nor more than fifteen thousand dollars as
determined on a sliding scale established by the division; however, a
bond shall not be required if all purchases of alcoholic liquor from
the division by the licensee are made by cash payment or by means
that ensure that the division will receive full payment in advance of
delivery of the alcoholic liquor.
d. A class "E" liquor control license may be issued to a city
council for premises located within the limits of the city if there
are no class "E" liquor control licensees operating within the limits
of the city and no other applications for a class "E" license for
premises located within the limits of the city at the time the city
council's application is filed. If a class "E" liquor control
license is subsequently issued to a private person for premises
located within the limits of the city, the city council shall
surrender its license to the division within one year of the date
that the class "E" liquor control licensee begins operating,
liquidate any remaining assets connected with the liquor store, and
cease operating the liquor store.
2. No liquor control license shall be issued for premises which
do not conform to all applicable laws, ordinances, resolutions, and
health and fire regulations. Nor shall any licensee have or maintain
any interior access to residential or sleeping quarters unless
permission is granted by the administrator in the form of a living
quarters permit.
3. Liquor control licenses issued under this chapter shall be of
the following classes:
a. Class "A". A class "A" liquor control license may be
issued to a club and shall authorize the holder to purchase alcoholic
liquors from class "E" liquor control licensees only, wine from class
"A" wine permittees or class "B" wine permittees who also hold class
"E" liquor control licenses only, and native wines from native wine
manufacturers, and to sell liquors, wine, and beer to bona fide
members and their guests by the individual drink for consumption on
the premises only.
b. Class "B". A class "B" liquor control license may be
issued to a hotel or motel and shall authorize the holder to purchase
alcoholic liquors from class "E" liquor control licensees only, wine
from class "A" wine permittees or class "B" wine permittees who also
hold class "E" liquor control licenses only, and native wines from
native wine manufacturers, and to sell liquors, wine, and beer to
patrons by the individual drink for consumption on the premises only.
However, beer may also be sold for consumption off the premises.
Each license shall be effective throughout the premises described in
the application.
c. Class "C".
(1) A class "C" liquor control license may be issued to a
commercial establishment but must be issued in the name of the
individuals who actually own the entire business and shall authorize
the holder to purchase alcoholic liquors from class "E" liquor
control licensees only, wine from class "A" wine permittees or class
"B" wine permittees who also hold class "E" liquor control licenses
only, and native wines from native wine manufacturers, and to sell
liquors, wine, and beer to patrons by the individual drink for
consumption on the premises only. However, beer may also be sold for
consumption off the premises.
(2) A special class "C" liquor control license may be issued and
shall authorize the holder to purchase wine from class "A" wine
permittees or class "B" wine permittees who also hold class "E"
liquor control licenses only, and to sell wine and beer to patrons by
the individual drink for consumption on the premises only. However,
beer may also be sold for consumption off the premises. The license
issued to holders of a special class "C" license shall clearly state
on its face that the license is limited.
d. Class "D".
(1) A class "D" liquor control license may be issued to a railway
corporation, to an air common carrier, and to passenger-carrying
boats or ships for hire with a capacity of twenty-five persons or
more operating in inland or boundary waters, and shall authorize the
holder to sell or furnish alcoholic beverages, wine, and beer to
passengers for consumption only on trains, watercraft as described in
this section, or aircraft, respectively. Each license is valid
throughout the state. Only one license is required for all trains,
watercraft, or aircraft operated in the state by the licensee.
However, if a watercraft is an excursion gambling boat licensed under
chapter 99F, the owner shall obtain a separate class "D" liquor
control license for each excursion gambling boat operating in the
waters of this state.
(2) A class "D" liquor control licensee who operates a train or a
watercraft intrastate only, or an excursion gambling boat licensed
under chapter 99F, shall purchase alcoholic liquor from a class "E"
liquor control licensee only, wine from a class "A" wine permittee or
a class "B" wine permittee who also holds a class "E" liquor control
license only, and beer from a class "A" beer permittee only.
e. Class "E".
(1) A class "E" liquor control license may be issued and shall
authorize the holder to purchase alcoholic liquor from the division
only and to sell the alcoholic liquor to patrons for consumption off
the licensed premises and to other liquor control licensees. A class
"E" license shall not be issued to premises at which gasoline is
sold. A holder of a class "E" liquor control license may hold other
retail liquor control licenses or retail wine or beer permits, but
the premises licensed under a class "E" liquor control license shall
be separate from other licensed premises, though the separate
premises may have a common entrance. However, the holder of a class
"E" liquor control license may also hold a class "B" wine or class
"C" beer permit or both for the premises licensed under a class "E"
liquor control license.
(2) The division may issue a class "E" liquor control license for
premises covered by a liquor control license or wine or beer permit
for on-premises consumption, if the premises are in a county having a
population under nine thousand five hundred in which no other class
"E" liquor control license has been issued by the division, and no
other application for a class "E" license has been made within the
previous twelve consecutive months.
4. Notwithstanding any provision of this chapter to the contrary,
a person holding a license to sell alcoholic liquors for consumption
on the licensed premises may permit a customer to remove one unsealed
bottle of wine for consumption off the premises if the customer has
purchased and consumed a portion of the bottle of wine on the
licensed premises. The licensee or the licensee's agent shall
securely reseal such bottle in a bag designed so that it is visibly
apparent that the resealed bottle of wine has not been tampered with
and provide a dated receipt for the resealed bottle of wine to the
customer. A wine bottle resealed pursuant to the requirements of
this subsection is subject to the requirements of sections 321.284
and 321.284A. Section History: Early Form
[C35, § 1921-f27; C39, § 1921.027; C46, 50, 54, 58, 62, 66,
71, § 123.27; C73, 75, 77, 79, 81, § 123.30] Section History: Recent Form
85 Acts, ch 32, § 22; 86 Acts, ch 1246, § 741, 742; 87 Acts, ch
22, § 4--6; 88 Acts, ch 1088, §2, 3; 88 Acts, ch 1241, §6, 7; 90
Acts, ch 1175, § 6; 91 Acts, ch 203, § 1; 93 Acts, ch 91, §7, 8; 2009
Acts, ch 41, §263; 2009 Acts, ch 74, §1
Referred to in § 12.43, 123.33, 123.36, 123.95, 123.127, 123.128,
123.129, 123.138, 123.175, 123.185