§ 123.43 — Class “A” native distilled spirits license — application and issuance — fees

Iowa § 123.43

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

Text

1. A person applying for a class “A” native distilled spirits license shall submit an
application electronically, or in a manner prescribed by the director, which shall set forth
under oath the following:
a. The name and place of residence of the applicant.
b. The names and addresses of all persons or, in the case of a corporation, limited liability
company, or any other similar legal entity, the officers, directors, and persons owning or
controlling ten percent or more of the capital stock thereof, having a financial interest, by
way of loan, ownership, or otherwise, in the business.
c. The location of the premises where the applicant intends to operate.
d. The name of the owner of the premises and if the owner of the premises is not the
applicant, whether the applicant is the actual lessee of the premises.
e. When required by the director, and in such form and containing such information as
the director may require, a description of the premises where the applicant intends to use
the license, to include a sketch or drawing of the premises and, if applicable, the number of
square feet of interior floor space which comprises the retail sales area of the premises.
f. Whether any person specified in paragraph “b” has ever been convicted of any offense
against the laws of the United States, or any state or territory thereof, or any political
subdivision of any such state or territory.
g. Any other information as required by the director.
2. Except as otherwise provided in this chapter, the director shall issue a class “A” native
distilled spirits license to any applicant who establishes all of the following:
a. That the applicant has submitted a completed application as required by subsection 1.
b. That the applicant is a person of good moral character as provided in section 123.3,
subsection 40. This paragraph does not apply if the applicant is the state of Iowa or a state
agency as defined in section 669.2.
c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant
is authorized to do business in the state. This paragraph does not apply if the applicant is the
state of Iowa or a state agency as defined in section 669.2.
d. That the applicant has filed with the department a basic permit issued by the alcohol
andtobaccotaxandtradebureauoftheUnitedStatesdepartmentofthetreasury, andthatthe
applicant will faithfully observe and comply with all laws, rules, and regulations governing
the manufacture and sale of alcoholic liquor.
e. That the premises where the applicant intends to use the license conforms to all
applicable laws, health regulations, and fire regulations, and constitutes a safe and proper
place or building.
f. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1,
to enter upon the premises without a warrant during the business hours of the applicant to
inspect for violations of the provisions of this chapter or ordinances and regulations that local
authorities may adopt.
3. A class “A” native distilled spirits license for a native distillery shall be issued and
renewed annually upon payment of a fee of three hundred dollars.
4. A violation of the requirements of this chapter shall subject the licensee to the general

penaltiesprovidedinthischapterandshallconstitutegroundsforimpositionofacivilpenalty
or suspension or revocation of the license after notice and opportunity for a hearing pursuant
to section 123.39 and chapter 17A.
5. For purposes of this section, “premises”, in addition to premises as defined in section
123.3, may include any of the following noncontiguous locations, provided that such
noncontiguous locations are approved by the alcohol and tobacco tax and trade bureau of
the United States department of the treasury:
a. Any number of locations which are only separated from the premises as defined in
section 123.3 by public waterways, roads, or carrier rights-of-way.
b. Any number of locations in the same general location as the premises as defined in
section 123.3.
c. Anadditionalwarehouseorwarehouses,locatedsomewhereotherthanonthepremises
as defined in section 123.3 or a location described in paragraph “a” or “b”.