§ 123.130 — Authority under class “A” and special class “A” beer permits

Iowa § 123.130

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 123: ALCOHOLIC BEVERAGE CONTROL

Text

1. a. Any person holding a class “A” beer permit issued by the department shall be
authorized to manufacture and sell, or sell at wholesale, beer for consumption off the
premises, such sales within the state to be made only to persons holding a subsisting class
“A” beer permit, or retail alcohol licenses, excluding a special class “B” retail native wine
license, issued in accordance with the provisions of this chapter. However, a person holding
a class “A” beer permit issued by the department who also holds a brewer’s notice issued
by the alcohol and tobacco tax and trade bureau of the United States department of the
treasury shall be authorized to sell, at wholesale, no more than thirty thousand barrels of
beer on an annual basis for consumption off the premises to a licensee authorized under this
chapter to sell beer at retail.
b. A person holding a class “A” beer permit may sell beer to distributors outside of the
state that are authorized by the laws of that jurisdiction to sell beer at wholesale.
c. A class “A” or special class “A” beer permit does not grant authority to manufacture wine
as defined in section 123.3, subsection 53.
2. Pursuant to section 123.45, subsection 3, a native brewery may be granted not more
than two class “C” retail alcohol licenses or not more than two special class “C” retail alcohol
licenses.
3. All class “A” premises shall be located within the state. All beer received by the holder
of a class “A” beer permit from the holder of a certificate of compliance before being resold
must first come to rest on the licensed premises of the permit holder, must be inventoried,
and is subject to the barrel tax when resold as provided in section 123.136. A class “A” beer
permittee shall not store beer overnight except on premises licensed under a class “A” beer
permit.
4. a. All special class “A” premises shall be located within the state.

b. Except as provided in paragraph “c”, a person who holds a special class “A” beer
permit for the same location at which the person holds a class “C” or special class “C” retail
alcohol license for the purpose of operating as a brewpub may manufacture and sell beer
to be consumed on the premises, may sell beer at retail at the manufacturing premises for
consumption off the premises, may sell beer to a class “A” beer permittee for resale purposes,
and may sell beer to distributors outside of the state that are authorized by the laws of that
jurisdiction to sell beer at wholesale.
c. A person who holds a special class “A” beer permit for the same location at which the
person holds a class “C” or special class “C” retail alcohol license for the purpose of operating
as a brewpub may manufacture beer under an alternating proprietorship arrangement as
provided in subsection 5. However, the person may not sell beer to be consumed on the
premises where manufactured or sell beer at retail for consumption off the premises where
manufactured unless the person is also the holder of a class “C” or special class “C” retail
alcohol license issued for the premises of the alternating proprietorship whose space and
equipment is being used for the purpose of manufacturing beer.
d. The permit issued to holders of a special class “A” beer permit shall clearly state on its
face that the permit is limited.
5. a. For purposes of this subsection, “manufacturer” includes only those persons who
hold a class “A” or special class “A” beer permit and manufacture beer in Iowa.
b. Notwithstandinganyprovisionoflawtothecontrary,amanufacturermayusethespace
and equipment of another manufacturer for the purpose of manufacturing beer, provided
that such an alternating proprietorship arrangement has been approved by the alcohol and
tobacco tax and trade bureau of the United States department of the treasury. A separate
class “A” or special class “A” beer permit shall be issued to each manufacturer, and each
manufacturershallbesubjecttotheprovisionsofthischapterandtherulesofthedepartment.
c. Notwithstanding any provision of law to the contrary, not more than one class “C” retail
alcohol license or special class “C” retail license shall be issued to a premises with alternating
proprietorships as authorized by this subsection.
6. A manufacturer of beer issued a class “A” or special class “A” beer permit shall file with
the department, on or before the fifteenth day of each calendar month, all documents filed
with the alcohol and tobacco tax and trade bureau of the United States department of the
treasury, including all brewer’s operation and excise tax return reports.

Legislative History

[C35, §1921-f105; C39, §1921.106; C46, 50, 54, 58, 62, 66, 71, §124.11; C73, 75, 77, 79, 81, §123.130]