123.92 - CIVIL LIABILITY FOR DISPENSING OR SALE AND SERVICE OF BEER, WINE, OR INTOXICATING LIQUOR (DRAMSHOP ACT) -- LIABILITY INSURANCE -- UNDERAGE PERSONS.
123.92 CIVIL LIABILITY FOR DISPENSING OR SALE AND
SERVICE OF BEER, WINE, OR INTOXICATING LIQUOR (DRAMSHOP ACT) --
LIABILITY INSURANCE -- UNDERAGE PERSONS.
1. a. Any person who is injured in person or property or
means of support by an intoxicated person or resulting from the
intoxication of a person, has a right of action for all damages
actually sustained, severally or jointly, against any licensee or
permittee, whether or not the license or permit was issued by the
division or by the licensing authority of any other state, who sold
and served any beer, wine, or intoxicating liquor to the intoxicated
person when the licensee or permittee knew or should have known the
person was intoxicated, or who sold to and served the person to a
point where the licensee or permittee knew or should have known the
person would become intoxicated.
b. If the injury was caused by an intoxicated person, a
permittee or licensee may establish as an affirmative defense that
the intoxication did not contribute to the injurious action of the
person.
2. Every liquor control licensee and class "B" beer permittee,
except a class "E" liquor control licensee, shall furnish proof of
financial responsibility by the existence of a liability insurance
policy in an amount determined by the division. If an insurer
provides dramshop liability insurance at a new location to a licensee
or permittee who has a positive loss experience at other locations
for which such insurance is provided by the insurer, and the insurer
bases premium rates at the new location on the negative loss history
of the previous licensee or permittee at that location, the insurer
shall examine and consider adjusting the premium for the new location
not less than thirty months after the insurance is issued, based on
the loss experience of the licensee or permittee at that location
during that thirty-month period of time.
3. a. Notwithstanding section 123.49, subsection 1, any
person who is injured in person or property or means of support by an
intoxicated person who is under legal age or resulting from the
intoxication of a person who is under legal age, has a right of
action for all damages actually sustained, severally or jointly,
against a person who is not a licensee or permittee and who dispensed
or gave any beer, wine, or intoxicating liquor to the intoxicated
underage person when the nonlicensee or nonpermittee who dispensed or
gave the beer, wine, or intoxicating liquor to the underage person
knew or should have known the underage person was intoxicated, or who
dispensed or gave beer, wine, or intoxicating liquor to the underage
person to a point where the nonlicensee or nonpermittee knew or
should have known that the underage person would become intoxicated.
b. If the injury was caused by an intoxicated person who is
under legal age, a person who is not a licensee or permittee and who
dispensed or gave beer, wine, or intoxicating liquor to the underage
person may establish as an affirmative defense that the intoxication
did not contribute to the injurious action of the underage person.
c. For purposes of this subsection, "dispensed" or
"gave" means the act of physically presenting a receptacle
containing beer, wine, or intoxicating liquor to the underage person
whose actions or intoxication results in the sustaining of damages by
another person. However, a person who dispenses or gives beer, wine,
or intoxicating liquor to an underage person shall only be liable for
any damages if the person knew or should have known that the underage
person was under legal age. Section History: Early Form
[C73, § 1557; C97, § 2418; C24, 27, 31, 35, 39, § 2055; C46,
50, 54, 58, 62, § 129.2; C66, 71, § 123.95, 129.2; C73, 75, 77, 79,
81, § 123.92] Section History: Recent Form
85 Acts, ch 32, § 57; 86 Acts, ch 1211, § 12; 88 Acts, ch 1158, §
30; 92 Acts, ch 1136, § 1; 97 Acts, ch 126, § 7; 2009 Acts, ch 128,
§1
Referred to in § 123.95