123.49 - MISCELLANEOUS PROHIBITIONS.

        123.49  MISCELLANEOUS PROHIBITIONS.
         1.  A person shall not sell, dispense, or give to an intoxicated
      person, or one simulating intoxication, any alcoholic liquor, wine,
      or beer.
         a.  A person other than a person required to hold a license or
      permit under this chapter who dispenses or gives an alcoholic
      beverage, wine, or beer in violation of this subsection is not
      civilly liable to an injured person or the estate of a person for
      injuries inflicted on that person as a result of intoxication by the
      consumer of the alcoholic beverage, wine, or beer.
         b.  The general assembly declares that this subsection shall
      be interpreted so that the holding of Clark v. Mincks, 364
      N.W.2d. 226 (Iowa 1985) is abrogated in favor of prior judicial
      interpretation finding the consumption of alcoholic beverages, wine,
      or beer rather than the serving of alcoholic beverages, wine, or beer
      as the proximate cause of injury inflicted upon another by an
      intoxicated person.
         2.  A person or club holding a liquor control license or retail
      wine or beer permit under this chapter, and the person's or club's
      agents or employees, shall not do any of the following:
         a.  Knowingly permit any gambling, except in accordance with
      chapter 99B, 99D, 99F, or 99G, or knowingly permit solicitation for
      immoral purposes, or immoral or disorderly conduct on the premises
      covered by the license or permit.
         b.  Sell or dispense any alcoholic beverage or beer on the
      premises covered by the license or permit, or permit its consumption
      thereon between the hours of two a.m. and six a.m.  on a weekday, and
      between the hours of two a.m. on Sunday and six a.m. on the following
      Monday, however, a holder of a liquor control license or retail beer
      permit granted the privilege of selling alcoholic liquor or beer on
      Sunday may sell or dispense alcoholic liquor or beer between the
      hours of eight a.m. on Sunday and two a.m. on the following Monday.
         c.  Sell alcoholic beverages, wine, or beer to any person on
      credit, except with a bona fide credit card.  This provision does not
      apply to sales by a club to its members, to sales by a hotel or motel
      to bona fide registered guests, nor to retail sales by the managing
      entity of a convention center, civic center, or events center.
         d.  Keep on premises covered by a liquor control license any
      alcoholic liquor in any container except the original package
      purchased from the division, and except mixed drinks or cocktails
      mixed on the premises for immediate consumption.  This prohibition
      does not apply to common carriers holding a class "D" liquor control
      license.
         e.  Reuse for packaging alcoholic liquor or wine any container
      or receptacle used originally for packaging alcoholic liquor or wine;
      or adulterate, by the addition of any substance, the contents or
      remaining contents of an original package of an alcoholic liquor or
      wine; or knowingly possess any original package which has been so
      reused or adulterated.
         f.  Employ a person under eighteen years of age in the sale or
      serving of alcoholic liquor, wine, or beer for consumption on the
      premises where sold.
         g.  Allow any person other than the licensee, permittee, or
      employees of the licensee or permittee, to use or keep on the
      licensed premises any alcoholic liquor in any bottle or other
      container which is designed for the transporting of such beverages,
      except as permitted in section 123.95.  This paragraph does not apply
      to the lodging quarters of a class "B" liquor control licensee or
      wine or beer permittee, or to common carriers holding a class "D"
      liquor control license.
         h.  Sell, give, or otherwise supply any alcoholic beverage,
      wine, or beer to any person, knowing or failing to exercise
      reasonable care to ascertain whether the person is under legal age,
      or permit any person, knowing or failing to exercise reasonable care
      to ascertain whether the person is under legal age, to consume any
      alcoholic beverage, wine, or beer.
         i.  In the case of a retail beer or wine permittee, knowingly
      allow the mixing or adding of alcohol or any alcoholic beverage to
      beer, wine, or any other beverage in or about the permittee's place
      of business.
         j.  Knowingly permit or engage in any criminal activity on the
      premises covered by the license or permit.
         k.  Sell or dispense any wine on the premises covered by the
      permit or permit the consumption on the premises between the hours of
      two a.m. and six a.m. on a weekday, and between the hours of two a.m.
      on Sunday and six a.m. on the following Monday, however, a holder of
      a wine permit authorized to sell wine on Sunday may sell or dispense
      wine between the hours of eight a.m. on Sunday and two a.m. on the
      following Monday.
         l.  Sell, give, possess, or otherwise supply a machine which
      is used to vaporize an alcoholic beverage for the purpose of being
      consumed in a vaporized form.
         3.  A person under legal age shall not misrepresent the person's
      age for the purpose of purchasing or attempting to purchase any
      alcoholic beverage, wine, or beer from any licensee or permittee.  If
      any person under legal age misrepresents the person's age, and the
      licensee or permittee establishes that the licensee or permittee made
      reasonable inquiry to determine whether the prospective purchaser was
      over legal age, the licensee or permittee is not guilty of selling
      alcoholic liquor, wine, or beer to a person under legal age.
         4.  No privilege of selling alcoholic liquor, wine, or beer on
      Sunday as provided in sections 123.36, subsection 6, and 123.134,
      subsection 5, shall be granted to a club or other organization which
      places restrictions on admission or membership in the club or
      organization on the basis of sex, race, religion, or national origin.
      However, the privilege may be granted to a club or organization which
      places restrictions on membership on the basis of sex, if the club or
      organization has an auxiliary organization open to persons of the
      other sex.  
         Section History: Early Form
         [C35, § 1921-f46, 1921-f114, 1921-g3; C39, § 1921.046, 1921.115,
      1921.116; C46, 50, 54, 58, 62, 66, 71, § 123.46, 124.20, 124.21;
      C73, 75, 77, 79, 81, § 123.49] 
         Section History: Recent Form
         84 Acts, ch 1275, § 3; 85 Acts, ch 32, § 38--42; 86 Acts, ch 1002,
      § 5; 86 Acts, ch 1211, § 11; 89 Acts, ch 67, § 26; 90 Acts, ch 1175,
      § 8; 91 Acts, ch 245, §2, 3; 94 Acts, ch 1172, §4; 97 Acts, ch 126, §
      4; 2003 Acts, ch 178, §108, 121; 2003 Acts, ch 179, §142; 2004 Acts,
      ch 1155, §1; 2006 Acts, ch 1033, §1
         Referred to in § 123.36, 123.39, 123.50, 123.92, 123.134, 123.150,
      602.6405, 805.8C(2)
         Civil liability for dispensing or sale and service to intoxicated
      persons; see § 123.92
         For scheduled fines applicable to violations of subsection 2,
      paragraph h, see § 805.8C, subsection 2