123.48 - SEIZURE OF FALSE OR ALTERED DRIVER'S LICENSE OR NONOPERATOR IDENTIFICATION CARD.
123.48 SEIZURE OF FALSE OR ALTERED DRIVER'S LICENSE
OR NONOPERATOR IDENTIFICATION CARD.
1. If a liquor control licensee or wine or beer permittee or an
employee of the licensee or permittee has a reasonable belief based
on factual evidence that a driver's license as defined in section
321.1, subsection 20A, or nonoperator identification card issued
pursuant to section 321.190 offered by a person who wishes to
purchase an alcoholic beverage at the licensed premises is altered or
falsified or belongs to another person, the licensee, permittee, or
employee may retain the driver's license or nonoperator
identification card. Within twenty-four hours, the card shall be
delivered to the appropriate city or county law enforcement agency of
the jurisdiction in which the licensed premises is located. When the
card is delivered to the appropriate law enforcement agency, the
licensee shall file a written report of the circumstances under which
the card was retained. The local law enforcement agency may
investigate whether a violation of section 321.216, 321.216A, or
321.216B has occurred. If an investigation is not initiated or a
probable cause is not established by the local law enforcement
agency, the driver's license or nonoperator identification card shall
be delivered to the person to whom it was issued. The local law
enforcement agency may forward the card with the report to the
department of transportation for investigation, in which case, the
department may investigate whether a violation of section 321.216,
321.216A, or 321.216B has occurred. The department of transportation
shall return the card to the person to whom it was issued if an
investigation is not initiated or a probable cause is not
established.
2. Upon taking possession of an identification card as provided
in subsection 1, a receipt for the card with the date and hour of
seizure noted shall be provided to the person from whom the card was
seized.
3. A liquor control licensee or wine or beer permittee or an
employee of the licensee or permittee is not subject to criminal
prosecution for, or to civil liability for damages alleged to have
resulted from, the retention and delivery of a driver's license or a
nonoperator identification card which is taken pursuant to
subsections 1 and 2. This section shall not be construed to relieve
a licensee, permittee, or employee of the licensee or permittee from
civil liability for damages resulting from the use of unreasonable
force in obtaining the altered or falsified driver's license or
identification card or the driver's license or identification card
believed to belong to another person. Section History: Recent Form
94 Acts, ch 1105, §3; 96 Acts, ch 1090, §1; 98 Acts, ch 1073, §9,
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