123.53 - BEER AND LIQUOR CONTROL FUND -- ALLOCATIONS TO SUBSTANCE ABUSE -- USE OF CIVIL PENALTIES.
123.53 BEER AND LIQUOR CONTROL FUND -- ALLOCATIONS TO
SUBSTANCE ABUSE -- USE OF CIVIL PENALTIES.
1. There shall be established within the office of the treasurer
of state a fund to be known as the beer and liquor control fund. The
fund shall consist of any moneys appropriated by the general assembly
for deposit in the fund and moneys received from the sale of
alcoholic liquors by the division, from the issuance of permits and
licenses, and of moneys and receipts received by the division from
any other source.
2. a. The director of the department of administrative
services shall periodically transfer from the beer and liquor control
fund to the general fund of the state those revenues of the division
which are not necessary for the purchase of liquor for resale by the
division, or for remittances to local authorities or other sources as
required by this chapter, or for other obligations and expenses of
the division which are paid from such fund.
b. All moneys received by the division from the issuance of
vintner's certificates of compliance and wine permits shall be
transferred by the director of the department of administrative
services to the general fund of the state.
3. Notwithstanding subsection 2, if gaming revenues under
sections 99D.17 and 99F.11 are insufficient in a fiscal year to meet
the total amount of such revenues directed to be deposited in the
revenue bonds debt service fund during the fiscal year pursuant to
section 8.57, subsection 6, paragraph "e", the difference shall
be paid from moneys deposited in the beer and liquor control fund
prior to transfer of such moneys to the general fund pursuant to
subsection 2 and prior to the transfer of such moneys pursuant to
subsections 5 and 6. If moneys deposited in the beer and liquor
control fund are insufficient during the fiscal year to pay the
difference, the remaining difference shall be paid from moneys
deposited in the beer and liquor control fund in subsequent fiscal
years as such moneys become available.
4. The treasurer of state shall, each quarter, prepare an
estimate of the gaming revenues and of the moneys to be deposited in
the beer and liquor control fund that will become available during
the remainder of the appropriate fiscal year for the purposes
described in subsection 3. The department of management, the
department of inspections and appeals, and the department of commerce
shall take appropriate actions to provide that the sum of the amount
of gaming revenues available to be deposited into the revenue bonds
debt service fund during a fiscal year and the amount of moneys to be
deposited in the beer and liquor control fund available to be
deposited into the revenue bonds debt service fund during such fiscal
year will be sufficient to cover any anticipated deficiencies.
5. After any transfer provided for in subsection 3 is made, the
department of commerce shall transfer into a special revenue account
in the general fund of the state, a sum of money at least equal to
seven percent of the gross amount of sales made by the division from
the beer and liquor control fund on a monthly basis but not less than
nine million dollars annually. Of the amounts transferred, two
million dollars, plus an additional amount determined by the general
assembly, shall be appropriated to the Iowa department of public
health for use by the staff who administer the comprehensive
substance abuse program under chapter 125 for substance abuse
treatment and prevention programs. Any amounts received in excess of
the amounts appropriated to the Iowa department of public health for
use by the staff who administer the comprehensive substance abuse
program under chapter 125 shall be considered part of the general
fund balance.
6. After any transfers provided for in subsections 3 and 5, the
department of commerce shall transfer to the division from the beer
and liquor control fund and before any other transfer to the general
fund, an amount sufficient to pay the costs incurred by the division
for collecting and properly disposing of the liquor containers.
7. Civil penalties imposed and collected by the division shall be
credited to the general fund of the state. The moneys from the civil
penalties shall be used by the division, subject to appropriation by
the general assembly, for the purposes of providing educational
programs, information and publications for alcoholic beverage
licensees and permittees, local authorities, and law enforcement
agencies regarding the laws and rules which govern the alcoholic
beverages industry, and for promoting compliance with alcoholic
beverage laws and rules. Section History: Early Form
[C35, § 1921-f50; C39, § 1921.050; C46, 50, 54, 58, 62, 66,
71, § 123.50; C73, 75, 77, 79, 81, § 123.53] Section History: Recent Form
85 Acts, ch 32, § 45--47; 86 Acts, ch 1246, § 603, 747; 88 Acts,
ch 1151, § 1; 88 Acts, ch 1250, § 10; 92 Acts, ch 1242, § 25; 93
Acts, ch 91, § 19; 99 Acts, ch 199, §32; 2003 Acts, ch 145, §286;
2005 Acts, ch 179, §144, 146; 2006 Acts, ch 1010, §51; 2007 Acts, ch
126, §23; 2009 Acts, ch 41, §263; 2009 Acts, ch 173, §31, 32, 36
Referred to in § 8.57, 24.14, 123.24, 123.183