123.95 - PREMISES MUST BE LICENSED -- EXCEPTION AS TO CONVENTIONS AND SOCIAL GATHERINGS.
123.95 PREMISES MUST BE LICENSED -- EXCEPTION AS TO
CONVENTIONS AND SOCIAL GATHERINGS.
1. A person shall not allow the dispensing or consumption of
alcoholic liquor, except wines and beer, in any establishment unless
the establishment is licensed under this chapter or except as
otherwise provided in this section. The holder of an annual class
"B" liquor control license or an annual class "C" liquor control
license may act as the agent of a private social host for the purpose
of providing and serving alcoholic liquor, wine, and beer as part of
a food catering service for a private social gathering in a private
place. The holder of an annual special class "C" liquor control
license shall not act as the agent of a private social host for the
purpose of providing and serving wine and beer as part of a food
catering service for a private social gathering in a private place.
The private social host or the licensee shall not solicit donations
in payment for the food or alcoholic beverages from the guests, and
the alcoholic beverages and food shall be served without cost to the
guests. Section 123.92 does not apply to a liquor control licensee
who acts in accordance with this section when the liquor control
licensee is providing and serving food and alcoholic beverages as an
agent of a private social host at a private social gathering in a
private place which is not on the licensed premises.
2. An applicant for a class "B" liquor control license or class
"C" liquor control license shall state on the application for the
license that the licensee intends to engage in catering food and
alcoholic beverages for private social gatherings and the catering
privilege shall be noted on the license or permit. A licensee who
engages in catering food and alcoholic beverages for private social
gatherings shall maintain a record on the licensed premises which
includes the name and address of the host of the private social
gathering, and the date for which catering was provided. The record
maintained pursuant to this section shall be open to inspection
pursuant to section 123.30, subsection 1, during normal business
hours of the licensee.
3. However, bona fide conventions or meetings may bring their own
legal liquor onto the licensed premises if the liquor is served to
delegates or guests without cost. All other provisions of this
chapter shall be applicable to such premises. The provisions of this
section shall have no application to private social gatherings of
friends or relatives in a private home or private place which is not
of a commercial nature nor where goods or services may be purchased
or sold nor any charge or rent or other thing of value is exchanged
for the use of such premises for any purpose other than for sleeping
quarters. Section History: Early Form
[C66, 71, § 123.96; C73, 75, 77, 79, 81, § 123.95] Section History: Recent Form
85 Acts, ch 32, § 58; 93 Acts, ch 91, § 20
Referred to in § 7D.16, 123.49