§ 123.23 — Distiller’s certificate of compliance — injunction — penalty

Iowa § 123.23

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

Text

1. Any manufacturer, distiller, or importer of alcoholic liquors shipping, selling, or having
alcoholic liquors brought into this state for resale by the state shall, as a condition precedent
to the privilege of so trafficking in alcoholic liquors in this state, annually make application
for and hold a distiller’s certificate of compliance which shall be issued by the director for
that purpose. No brand of alcoholic liquor shall be sold by the department in this state unless
the manufacturer, distiller, importer, and all other persons participating in the distribution of
that brand in this state have obtained a certificate. The certificate of compliance shall expire
at the end of one year from the date of issuance and shall be renewed for a like period upon
application to the director unless otherwise suspended or revoked for cause. Each completed
application for a certificate of compliance or renewal shall be submitted electronically, or
in a manner prescribed by the director, and shall be accompanied by a fee of two hundred
dollarspayabletothedepartment. However,thissubsectionneednotapplytoamanufacturer,
distiller, or importer who ships or sells in this state no more than eleven gallons or its case
equivalent during any fiscal year as a result of “special orders” which might be placed, as
defined and allowed by departmental rules adopted under this chapter.
2. Atthetimeofapplyingforacertificateofcompliance, eachapplicantshallsubmittothe
department electronically, or in a manner prescribed by the director, the name and address
of its authorized agent for service of process which shall remain effective until changed for
another, and a list of names and addresses of all representatives, employees, or attorneys
whom the applicant has appointed in the state of Iowa to represent it for any purpose. The
listing shall be amended by the certificate holder as necessary to keep the listing current with
the department.
3. The director and the attorney general are authorized to require any certificate holder or
person listed as the certificate holder’s representative, employee, or attorney to disclose such
financial and other records and transactions as may be considered relevant in discovering
violations of this chapter or of rules and regulations of the department under this chapter or
of any other provision of law by any person.
4. Any violation of the requirements of this chapter or rules adopted pursuant to this
chapter shall subject the holder of a distiller’s certificate of compliance to the general
penalties provided in this chapter and shall constitute grounds for imposition of a civil
penalty, suspension of the certificate, or revocation of the certificate, after notice and
opportunity for a hearing pursuant to section 123.39 and chapter 17A. However, willful
failure to comply with requirements which may be imposed under subsection 3 is grounds
for suspension or revocation of the certificate of compliance only.
5. Thissectionshallnotrequirethelistingofthosepersonswhoareemployedonpremises

wherealcoholicliquorsaremanufactured,processed,bottled,orpackagedinIowaorpersons
who are thereafter engaged in the transporting of such alcoholic liquors to the department.
6. The attorney general may also proceed pursuant to the provisions of section 714.16
in order to gain compliance with subsection 3 of this section and may obtain an injunction
prohibiting any further violations of this chapter or other provisions of law. Any violation of
that injunction shall be punished as contempt of court pursuant to chapter 665 except that
the maximum fine that may be imposed shall not exceed fifty thousand dollars.

Legislative History

[C73, 75, 77, 79, 81, §123.19]