§ 123.37 — Exclusive power to license and levy taxes — disputed taxes

Iowa § 123.37

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

Text

1. The power to establish licenses and permits and levy taxes as imposed in this chapter
is vested exclusively with the state. Unless specifically provided, a local authority shall not
require the obtaining of a special license or permit for the sale of alcoholic beverages at any
establishment, or require the obtaining of a license by any person as a condition precedent
to the person’s employment in the sale, serving, or handling of alcoholic beverages within an
establishment operating under a license or permit.
2. The director may compromise and settle doubtful and disputed claims for taxes
imposed under this chapter or for taxes of doubtful collectibility, notwithstanding section
7D.9. The director may enter into informal settlements pursuant to section 17A.10 to
compromise and settle doubtful and disputed claims for taxes imposed under this chapter.
The director may make a claim under a licensee’s or permittee’s penal bond for taxes of

doubtful collectibility. Whenever a compromise or settlement is made, the director shall
make a complete record of the case showing the tax assessed, reports and audits, if any,
the licensee’s or permittee’s grounds for dispute or contest, together with all evidence of
the dispute or contest, and the amounts, conditions, and settlement or compromise of the
dispute or contest.
3. A licensee or permittee who disputes the amount of tax imposed must pay all tax and
penalty pertaining to the disputed tax liability prior to appealing the disputed tax liability to
the director.
4. The director shall adopt rules establishing procedures for payment of disputed taxes
imposed under this chapter. If it is determined that the tax is not due in whole or in part, the
department shall promptly refund the part of the tax payment which is determined not to be
due.

Legislative History

[C73, 75, 77, 79, 81, §123.37]