§ 123.173A — Charity beer, spirits, and wine special event license

Iowa § 123.173A

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

Text

1. For purposes of this section:
a. “Authorized nonprofit entity” includes a nonprofit entity which has a principal office
in the state, a nonprofit corporation organized under chapter 504, or a foreign corporation
as defined in section 504.141, whose income is exempt from federal taxation under section
501(c) of the Internal Revenue Code.
b. “Charity auction” means an auction conducted by an authorized nonprofit entity which
includes beer, spirits, and wine.
c. “Charity event” means an event at which an authorized nonprofit entity may serve
the event’s attendees beer, spirits, and wine for consumption on the premises of the event,
regardless of whether the entity charges an admission fee to the event or otherwise collects
the cost of the beer, spirits, and wine served from the event’s attendees.
d. “Charity special event” means a charity auction, charity event, or a combined charity
auction and charity event.
2. Upon application to the department and receipt of a charity beer, spirits, and wine
special event license, an authorized nonprofit entity may conduct a charity special event
subject to the requirements of this section.
3. A charity auction conducted by a charity beer, spirits, and wine special event licensee
shall comply with the following requirements:
a. The authorized nonprofit entity conducting the charity auction shall obtain the beer,
spirits, and wine to be auctioned at the charity auction from an Iowa retail alcohol licensee,
or may receive donations of beer, spirits, or wine to be auctioned at the charity auction from
persons who purchased the donated beer, spirits, or wine from an Iowa retail alcohol licensee
or an Iowa class “A” native distilled spirits licensee and who present a receipt documenting
the purchase at the time the beer, spirits, or wine is donated. The authorized nonprofit entity
conducting the charity auction shall retain a copy of the receipt for a period of one year from
the date of the charity beer, spirits, and wine auction.
b. The beer, spirits, and wine sold at the charity auction shall be in original containers for
consumption off of the premises where the charity auction is conducted. No other alcoholic
beveragemaybesoldbythecharitybeer,spirits,andwinespecialeventlicenseeatthecharity
auction. A purchaser of beer, spirits, or wine at a charity auction shall not take possession of
the beer, spirits, or wine until the person is leaving the event. A purchaser of beer, spirits, or
wine at a charity auction shall not open the container or consume or permit the consumption
ofthebeer, spirits, orwinepurchasedonthepremiseswherethecharityauctionisconducted.
A purchaser of beer, spirits, or wine at a charity auction shall not resell the beer, spirits, or
wine.
c. A retail alcohol licensee or class “A” native distilled spirits licensee shall not purchase
beer, spirits, orwineatacharityauction. Thecharityauctionmaybeconductedonapremises
forwhichaclass“B”orclass“C”retailalcohollicensehasbeenissued, providedthattheretail
alcohol licensee does not participate in the charity auction, supply beer, spirits, or wine to be
auctioned at the charity auction, or receive any of the proceeds of the charity auction.
4. A charity event conducted by a charity beer, spirits, and wine special event licensee
shall comply with the following requirements:
a. The charity event shall be conducted on a premises covered by a valid retail alcohol
license issued by the department.
b. The authorized nonprofit entity conducting a charity event shall have a written
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agreement with the retail alcohol licensee covering the premises where the charity event is to
be conducted specifying that that licensee shall act as the agent of the authorized nonprofit
entity for the purpose of providing and serving alcoholic beverages to the attendees of the
charity event.
c. The retail alcohol licensee covering the premises where the charity event is to be
conducted shall supply all alcoholic beverages served to the attendees of the charity event.
d. Onlythosetypesofalcoholicbeveragesasareauthorizedtobesoldbytheretailalcohol
license covering the premises where the charity event is to be conducted are to be served to
the attendees of the charity event.
5. An application for a charity beer, spirits, and wine special event license to conduct a
charity special event shall include all of the following information:
a. The date and time when the charity special event is to be conducted and the location
of the premises in this state where the charity special event is to be physically conducted.
b. The retail alcohol license number issued by the department for the premises where a
charity event is to be conducted, if applicable.
c. A certification that the objective of the charity special event is to raise funds solely to be
used for educational, religious, or charitable purposes and that the entire proceeds from the
charity special event are to be expended for any of the purposes described in section 423.3,
subsection 78.
6. Anauthorizednonprofitentityshallbeeligibletoreceivenomorethantwocharitybeer,
spirits, and wine special event licenses during a calendar year and each charity beer, spirits,
and wine special event license shall be valid for a period not to exceed thirty-six consecutive
hours.
7. Any violation of the requirements of this chapter or the rules adopted pursuant to this
chapter shall subject the charity beer, spirits, and wine special event license holder to the
generalpenaltiesprovidedinthischapterandshallconstitutegroundsforimpositionofacivil
penalty, suspension of the license, or revocation of the permit after notice and opportunity
for a hearing pursuant to section 123.39 and chapter 17A.