123.38 - NATURE OF PERMIT OR LICENSE -- SURRENDER -- TRANSFER.
123.38 NATURE OF PERMIT OR LICENSE -- SURRENDER --
TRANSFER.
A special liquor permit, liquor control license, wine permit, or
beer permit is a personal privilege and is revocable for cause. It
is not property nor is it subject to attachment and execution nor
alienable nor assignable, and it shall cease upon the death of the
permittee or licensee. However, the administrator of the division
may in the administrator's discretion allow the executor or
administrator of a permittee or licensee to operate the business of
the decedent for a reasonable time not to exceed the expiration date
of the permit or license. Every permit or license shall be issued in
the name of the applicant and no person holding a permit or license
shall allow any other person to use it.
Any licensee or permittee, or the licensee's or permittee's
executor or administrator, or any person duly appointed by the court
to take charge of and administer the property or assets of the
licensee or permittee for the benefit of the licensee's or
permittee's creditors, may voluntarily surrender a license or permit
to the division. When a license or permit is surrendered the
division shall notify the local authority, and the division or the
local authority shall refund to the person surrendering the license
or permit, a proportionate amount of the fee received by the division
or the local authority for the license or permit as follows: if a
license or permit is surrendered during the first three months of the
period for which it was issued, the refund shall be three-fourths of
the amount of the fee; if surrendered more than three months but not
more than six months after issuance, the refund shall be one-half of
the amount of the fee; if surrendered more than six months but not
more than nine months after issuance, the refund shall be one-fourth
of the amount of the fee. No refund shall be made, however, for any
special liquor permit, nor for a liquor control license, wine permit,
or beer permit surrendered more than nine months after issuance. For
purposes of this paragraph, any portion of license or permit fees
used for the purposes authorized in section 331.424, subsection 1,
paragraphs "a" and "b", and in section 331.424A, shall not be
deemed received either by the division or by a local authority. No
refund shall be made to any licensee or permittee, upon the surrender
of the license or permit, if there is at the time of surrender, a
complaint filed with the division or local authority, charging the
licensee or permittee with a violation of this chapter. If upon a
hearing on a complaint the license or permit is not revoked or
suspended, then the licensee or permittee is eligible, upon surrender
of the license or permit, to receive a refund as provided in this
section; but if the license or permit is revoked or suspended upon
hearing the licensee or permittee is not eligible for the refund of
any portion of the license or permit fee.
The local authority may in its discretion authorize a licensee or
permittee to transfer the license or permit from one location to
another within the same incorporated city, or within a county outside
the corporate limits of a city, provided that the premises to which
the transfer is to be made would have been eligible for a license or
permit in the first instance and such transfer will not result in the
violation of any law. All transfers authorized, and the particulars
of same, shall be reported to the administrator by the local
authority. The administrator may by rule establish a uniform
transfer fee to be assessed by all local authorities upon licensees
or permittees to cover the administrative costs of such transfers,
such fee to be retained by the local authority involved. Section History: Early Form
[C35, § 1921-f29, -f100; C39, § 1921.029, 1921.100; C46, 50,
54, 58, 62, 66, 71, § 123.29, 124.6; C73, 75, 77, 79, 81, § 123.38]
Section History: Recent Form
85 Acts, ch 32, §31; 95 Acts, ch 206, § 5, 12