123.50 - CRIMINAL AND CIVIL PENALTIES.
123.50 CRIMINAL AND CIVIL PENALTIES.
1. Any person who violates any of the provisions of section
123.49, except subsection 2, paragraph "h", or who fails to affix
upon sale, defaces, or fails to record a keg identification sticker
or produce a record of keg identification stickers pursuant to
section 123.138, shall be guilty of a simple misdemeanor. A person
who violates section 123.49, subsection 2, paragraph "h", commits
a simple misdemeanor punishable as a scheduled violation under
section 805.8C, subsection 2.
2. The conviction of any liquor control licensee, wine permittee,
or beer permittee for a violation of any of the provisions of section
123.49, subject to subsection 3 of this section, is grounds for the
suspension or revocation of the license or permit by the division or
the local authority. However, if any liquor control licensee is
convicted of any violation of subsection 2, paragraph "a",
"d", or "e", of that section, or any wine or beer permittee
is convicted of a violation of paragraph "a" or "e" of that
section, the liquor control license, wine permit, or beer permit
shall be revoked and shall immediately be surrendered by the holder,
and the bond, if any, of the license or permit holder shall be
forfeited to the division.
3. If any licensee, wine permittee, beer permittee, or employee
of a licensee or permittee is convicted or found in violation of
section 123.49, subsection 2, paragraph "h", the administrator or
local authority shall, in addition to criminal penalties fixed for
violations by this section, assess a civil penalty as follows:
a. A first violation shall subject the licensee or permittee
to a civil penalty in the amount of five hundred dollars. Failure to
pay the civil penalty as ordered under section 123.39 shall result in
automatic suspension of the license or permit for a period of
fourteen days.
b. A second violation within two years shall subject the
licensee or permittee to a thirty-day suspension and a civil penalty
in the amount of one thousand five hundred dollars.
c. A third violation within three years shall subject the
licensee or permittee to a sixty-day suspension and a civil penalty
in the amount of one thousand five hundred dollars.
d. A fourth violation within three years shall result in
revocation of the license or permit.
e. For purposes of this subsection:
(1) The date of any violation shall be used in determining the
period between violations.
(2) Suspension shall be limited to the specific license or permit
for the premises found in violation.
(3) Notwithstanding section 123.40, revocation shall be limited
to the specific license or permit found in violation and shall not
disqualify a licensee or permittee from holding a license or permit
at a separate location.
4. In addition to any other penalties imposed under this chapter,
the division shall assess a civil penalty up to the amount of five
thousand dollars upon a class "E" liquor control licensee when the
class "E" liquor license is revoked for a violation of section
123.59. Failure to pay the civil penalty as required under this
subsection shall result in forfeiture of the bond to the division.
Section History: Early Form
[C35, § 1921-f46, 1921-f127; C39, § 1921.046, 1921.132; C46,
50, 54, 58, 62, 66, 71, § 123.46, 124.37; C73, 75, 77, 79, 81, §
123.50] Section History: Recent Form
84 Acts, ch 1275, § 4; 84 Acts, ch 1292, § 1; 85 Acts, ch 32, §
43; 86 Acts, ch 1246, § 745; 88 Acts, ch 1088, § 6; 88 Acts, ch 1241,
§ 14; 89 Acts, ch 252, § 2; 93 Acts, ch 91, § 18; 94 Acts, ch 1172,
§5; 97 Acts, ch 126, § 5, 6; 98 Acts, ch 1204, § 1, 2; 2001 Acts, ch
137, § 5; 2004 Acts, ch 1008, §1; 2007 Acts, ch 46, §1
Referred to in § 99B.10B, 99B.14, 123.141
License or permit suspension upon revocation of amusement device
permit; §99B.10B