123.45 - LIMITATIONS ON BUSINESS INTERESTS.
123.45 LIMITATIONS ON BUSINESS INTERESTS.
Except as provided in section 123.6, a commission member or
division employee shall not, directly or indirectly, individually, or
as a member of a partnership or shareholder in a corporation, have
any interest in dealing in or in the manufacture of alcoholic liquor,
wine, or beer, and shall not receive any kind of profit nor have any
interest in the purchase or sale of alcoholic liquor, wine, or beer
by persons so authorized under this chapter. However, this provision
does not prohibit any member or employee from lawfully purchasing and
keeping alcoholic liquor, wine, or beer in the member's or employee's
possession for personal use.
A person engaged in the business of manufacturing, bottling, or
wholesaling alcoholic beverages, wine, or beer, or any jobber,
representative, broker, employee, or agent of such a person, shall
not directly or indirectly supply, furnish, give, or pay for any
furnishings, fixtures, or equipment used in the storage, handling,
serving, or dispensing of alcoholic beverages, wine, beer, or food
within the place of business of a licensee or permittee authorized
under this chapter to sell at retail; nor shall the person directly
or indirectly extend any credit for alcoholic beverages or beer or
pay for any such license or permit, nor directly or indirectly be
interested in the ownership, conduct, or operation of the business of
another licensee or permittee authorized under this chapter to sell
at retail, nor hold a retail liquor control license or retail wine or
beer permit. However, a person engaged in the wholesaling of beer or
wine may sell only disposable glassware, which is constructed of
paper, paper laminated, or plastic materials and designed primarily
for personal consumption on a one-time usage basis, to retailers for
use within the premises of licensed establishments, for an amount
which is greater than or equal to an amount which represents the
greater of either the amount paid for the disposable glassware by the
supplier or the amount paid for the disposable glassware by the
wholesaler. Also, a person engaged in the business of manufacturing
beer may sell beer at retail for consumption on or off the premises
of the manufacturing facility and, notwithstanding any other
provision of this chapter or the fact that a person is the holder of
a class "A" beer permit, may be granted not more than one class "B"
beer permit as defined in section 123.124 for that purpose. A
licensee or permittee who permits or assents to or is a party in any
way to a violation or infringement of this section is guilty of a
violation of this section. Section History: Early Form
[C35, § 1921-f40, 1921-f115; C39, § 1921.040, 1921.117; C46,
50, 54, 58, 62, 66, 71, § 123.40, 124.22; C73, 75, 77, 79, 81, §
123.45; 81 Acts, ch 57, § 1; 82 Acts, ch 1024, § 2] Section History: Recent Form
85 Acts, ch 32, §35; 88 Acts, ch 1241, §13; 91 Acts, ch 24, §1