§ 123.43A — Native distilleries

Iowa § 123.43A

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

Text

1. Subject to rules of the department, a native distillery holding a class “A” native distilled
spirits license issued pursuant to section 123.43 may sell or offer for sale native distilled
spirits. As provided in this section, sales of native distilled spirits manufactured on the
premises may be made at retail for off-premises consumption when sold on the premises of
the native distillery that manufactures native distilled spirits. All sales intended for resale in
this state shall be made through the state’s wholesale distribution system.
2. A native distillery shall not sell more than nine liters per person per day, of native
distilled spirits on the premises of the native distillery. However, a native distillery shall
not directly ship native distilled spirits for sale at retail. The native distillery shall maintain
recordsofindividualpurchasesofnativedistilledspiritsatthenativedistilleryforthreeyears.
3. A native distillery shall not sell native distilled spirits other than as permitted in this
chapter and shall not allow native distilled spirits sold for consumption off the premises to be
consumed upon the premises of the native distillery. However, native distilled spirits may be
tasted pursuant to the rules of the department on the premises where fermented, distilled, or
matured, when no charge is made for the tasting.
4. The sale of native distilled spirits to the department for wholesale disposition and
sale by the department shall be subject to the requirements of this chapter regarding such
disposition and sale.
5. A native distillery issued a class “A” native distilled spirits license shall file with the
department, on or before the fifteenth day of each calendar month, all documents filed by
the native distillery with the alcohol and tobacco tax and trade bureau of the United States
department of the treasury, including all production, storage, and processing reports.
6. a. Notwithstanding any provision of this chapter to the contrary or the fact that a
person is the holder of a class “A” native distilled spirits license, a native distillery may be
granted a class “C” retail alcohol license as defined in section 123.30 for the same premises
licensed under a class “A” native distilled spirits license where the manufacturing of native
distilled spirits occurs. A native distillery may be granted not more than two class “C” retail
alcohol licenses. A native distillery may be issued a class “C” retail alcohol license regardless
of whether the native distillery is also a manufacturer of beer pursuant to a class “A” beer
permit or a manufacturer of native wine pursuant to a class “A” wine permit.
b. Notwithstanding any provision of this chapter to the contrary or the fact that a person
is the holder of a class “A” native distilled spirits license, a native distillery may be granted a
five-day class “C” retail alcohol license as described in section 123.34 for premises other than
thepremiseslicensedunderaclass“A”nativedistilledspiritslicensewherethemanufacturing
of native distilled spirits occurs. A native distillery may be granted not more than six five-day
class “C” retail alcohol licenses during a calendar year. A native distillery may be issued a
five-day class “C” retail alcohol license regardless of whether the native distillery is also a

manufacturer of beer pursuant to a class “A” beer permit or a manufacturer of native wine
pursuant to a class “A” wine permit.
7. A native distillery may sell the native distilled spirits it manufactures to customers
outside the state.
8. A manufacturer may use the space and equipment of another manufacturer for
the purpose of manufacturing native distilled spirits, provided that such an alternating
proprietorship arrangement is approved by the alcohol and tobacco tax and trade bureau
of the United States department of the treasury. A separate class “A” native distilled spirits
license shall be issued to each manufacturer, and each manufacturer shall be subject to
the provisions of this chapter and the rules of the department. Notwithstanding subsection
6, not more than one class “C” retail alcohol license shall be issued to a premises with
alternating proprietorships.