§ 123.48 — Seizure of false or altered driver’s license or nonoperator’s identification card

Iowa § 123.48

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

Text

1. If a retail alcohol licensee or an employee of the licensee has a reasonable belief
based on factual evidence that a driver’s license as defined in section 321.1, subsection
20A, or nonoperator’s identification card issued pursuant to section 321.190 offered by a
person who wishes to purchase an alcoholic beverage at the licensed premises is altered
or falsified or belongs to another person, the licensee or employee may retain the driver’s

license or nonoperator’s identification card. Within twenty-four hours, the license or
card shall be delivered to the appropriate city or county law enforcement agency of the
jurisdiction in which the licensed premises is located. When the license or card is delivered
to the appropriate law enforcement agency, the licensee shall file a written report of the
circumstances under which the license or card was retained. The local law enforcement
agency may investigate whether a violation of section 321.216, 321.216A, or 321.216B has
occurred. If an investigation is not initiated or a probable cause is not established by the
local law enforcement agency, the driver’s license or nonoperator’s identification card
shall be delivered to the person to whom it was issued. The local law enforcement agency
may forward the license or card with the report to the department of transportation for
investigation, in which case, the department may investigate whether a violation of section
321.216, 321.216A, or 321.216B has occurred. The department of transportation shall return
the license or card to the person to whom it was issued if an investigation is not initiated or
a probable cause is not established.
2. Upon taking possession of a driver’s license or nonoperator’s identification card as
provided in subsection 1, a receipt for the license or card with the date and hour of seizure
noted shall be provided to the person from whom the license or card was seized.
3. A retail alcohol licensee or an employee of the licensee is not subject to criminal
prosecution for, or to civil liability for damages alleged to have resulted from, the retention
and delivery of a driver’s license or a nonoperator’s identification card which is taken
pursuant to subsections 1 and 2. This section shall not be construed to relieve a licensee
or employee of the licensee from civil liability for damages resulting from the use of
unreasonable force in obtaining the altered or falsified driver’s license or nonoperator’s
identification card or the driver’s license or nonoperator’s identification card believed to
belong to another person.