§ 123.46A — Delivery of alcoholic beverages by retailers

Iowa § 123.46A

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

Text

1. Licensees authorized to sell alcoholic liquor, wine, or beer in original unopened
containers for consumption off the licensed premises may deliver alcoholic liquor, wine, or
beer to a home, another licensed premises if there is identical ownership of the premises by
the licensee, or other designated location in this state. Deliveries shall be limited to alcoholic
beveragesauthorizedbythelicensee’slicense. Ordersdeliveredtoanotherlicensedpremises
shall contain only those alcoholic beverages authorized for sale by the retail alcohol license
covering the premises to which the alcoholic beverages will be delivered. Orders delivered
§123.46A, ALCOHOLIC BEVERAGE CONTROL 40
to another licensed premises shall be fulfilled using the alcoholic beverages inventory owned
by the licensee who will receive the order for delivery. If the recipient refuses or fails to
pick up the delivery, or is ineligible to receive the delivery, the alcoholic beverages shall be
returned to the licensee who fulfilled the order.
2. Licensees authorized to sell wine, beer, or mixed drinks or cocktails for consumption
off the licensed premises in a container other than the original container may deliver the
wine, beer, or mixed drinks or cocktails to a home or other designated location in this state
only if the container other than the original container has been sold and securely sealed in
compliance with this chapter or the rules of the department. Deliveries shall be limited to
alcoholic beverages authorized by the licensee’s license.
3. Alldeliveriesofalcoholicliquor,wine,beer,ormixeddrinksorcocktailsshallbesubject
to the following requirements and restrictions:
a. Payment for the alcoholic liquor, wine, beer, or mixed drinks or cocktails shall be
received by the licensee at the time of order.
b. Orders for deliveries may be taken by the licensee between the hours of 2:00 a.m. and
6:00a.m.onanydayoftheweek, notwithstandinganyprovisionofsection123.49, subsection
2, paragraph “b”, to the contrary.
c. Alcoholic liquor, wine, beer, or mixed drinks or cocktails delivered to a person shall be
for personal use and not for resale.
d. Deliveries shall only be made to persons in this state who are twenty-one years of age
or older.
e. Deliveriesshallnotbemadetoapersonwhoisintoxicatedorissimulatingintoxication.
f. Deliveries shall occur between 6:00 a.m. and 10:00 p.m. Monday through Sunday on the
same day the order for alcoholic liquor, wine, beer, or mixed drinks or cocktails is removed
from the licensed premises.
g. Delivery of alcoholic liquor, wine, beer, or mixed drinks or cocktails shall be made by
the licensee, the licensee’s employee, or a third party, provided the licensee has entered into a
written agreement with the third party that authorizes the third party to act as an agent of the
licenseeforthepurposeofdeliveringalcoholicliquor,wine,beer,ormixeddrinksorcocktails.
Each licensee shall submit to the department electronically, or in a manner prescribed by the
director, a list of names and addresses of all third parties it has authorized to act as its agent
for the purpose of delivering alcoholic liquor, wine, beer, or mixed drinks or cocktails. The
licensee shall provide the department with amendments to the list as necessary to ensure the
department possesses an accurate, current list.
h. Delivery personnel shall be twenty-one years of age or older.
i. Valid proof of the recipient’s identity and age shall be obtained at the time of delivery,
andthesignatureofapersontwenty-oneyearsofageoroldershallbeobtainedasacondition
of delivery.
j. Licensees shall maintain records of deliveries which include the quantity delivered, the
recipient’s name and address, and the signature of the recipient of the alcoholic liquor, wine,
beer, or mixed drinks or cocktails. The records shall be maintained on the licensed premises
for a period of three years.
4. Aviolationofthissectionoranyotherprovisionofthischaptershallsubjectthelicensee
to the penalty provisions of section 123.39. If the licensee, an employee of the licensee, or a
person delivering alcoholic liquor, wine, beer, or mixed drinks or cocktails for a third party
acting on behalf of the licensee pursuant to a written agreement violates this section, the
licensee shall not be assessed a penalty under section 123.39 if the licensee establishes all of
the following:
a. The violation was committed off of the licensee’s premises after the liquor, wine, beer,
or mixed drinks or cocktails was removed from the licensee’s premises in fulfillment of a
delivery order.
b. (1) If the person who committed the violation is an employee of the licensee, that no
other violation of this section was committed by any employee of the licensee within the
two-year period immediately preceding the date of violation.
(2) Ifthepersonwhocommittedtheviolationisapersondeliveringforathirdpartyacting
on behalf of the licensee, that no other violation of this section was committed by any person

delivering for the same third party while the third party was acting on behalf of the licensee
within the two-year period immediately preceding the date of violation.
5. Nothing in this section shall impact the direct shipment of wine as regulated by section
123.187.