§ 123.50 — Criminal and civil penalties

Iowa § 123.50

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

Text

1. Any person who violates any of the provisions of section 123.49, except section 123.49,
subsection 2, paragraph “h”, or who fails to affix upon sale, defaces, or fails to record a
keg identification label or produce a record of keg identification labels pursuant to section
123.138, shall be guilty of a simple misdemeanor. A person who violates section 123.49,
subsection 2, paragraph “h”, commits a simple misdemeanor punishable as a scheduled
violation under section 805.8C, subsection 2.
2. The conviction of any retail alcohol licensee for a violation of any of the provisions
of section 123.49, subject to subsection 3 of this section, is grounds for the suspension or
revocation of the license by the department or the local authority. However, if any retail
alcohol licensee is convicted of any violation of section 123.49, subsection 2, paragraph “a”
or “e”, or any retail alcohol licensee, excluding a special class “B” or class “D” retail alcohol
licensee, is convicted of a violation of section 123.49, subsection 2, paragraph “d”, the retail
alcohol license shall be revoked and shall immediately be surrendered by the holder, and
the bond, if any, of the license holder shall be forfeited to the department. However, the
department shall retain only that portion of the bond equal to the amount the department
determines the license holder owes the department.
3. If any retail alcohol licensee or employee of a licensee is convicted or found in violation
ofsection123.49, subsection2, paragraph“h”, thedirectororlocalauthorityshall, inaddition
to criminal penalties fixed for violations by this section, assess a civil penalty as follows:
a. A first violation shall subject the licensee to a civil penalty in the amount of five
hundred dollars. Failure to pay the civil penalty as ordered under section 123.39 shall result
in automatic suspension of the license for a period of fourteen days.
b. A second violation within two years shall subject the licensee to a thirty-day suspension
and a civil penalty in the amount of one thousand five hundred dollars.
c. A third violation within three years shall subject the licensee to a sixty-day suspension
and a civil penalty in the amount of one thousand five hundred dollars.
d. A fourth violation within three years shall result in revocation of the license.
e. For purposes of this subsection:
(1) The date of any violation shall be used in determining the period between violations.
(2) Suspension shall be limited to the specific license for the premises found in violation.
(3) Notwithstanding section 123.40, revocation shall be limited to the specific license
found in violation and shall not disqualify a licensee from holding a license at a separate
location.
4. In addition to any other penalties imposed under this chapter, the department shall
assess a civil penalty up to the amount of five thousand dollars upon a class “E” retail alcohol
licensee when the class “E” retail alcohol license is revoked for a violation of section 123.59.
Failuretopaythecivilpenaltyasrequiredunderthissubsectionshallresultinforfeitureofthe
bond to the department. However, the department shall retain only that portion of the bond
equal to the amount the department determines the license holder owes the department.
5. If an employee of a retail alcohol licensee violates section 123.49, subsection 2,
paragraph “h”, the licensee shall not be assessed a penalty under subsection 3, and the
violation shall be deemed not to be a violation of section 123.49, subsection 2, paragraph “h”,
for the purpose of determining the number of violations for which a penalty may be assessed
pursuant to subsection 3, if, at the time of the violation, the employee holds a valid certificate
of completion of either the alcohol compliance employee training program pursuant to
section 123.50A or a third-party responsible alcohol service program approved by the
director, and if the violation involves selling, giving, or otherwise supplying any alcoholic
beverage to a person between the ages of eighteen and twenty years of age. A violation
involving a person under the age of eighteen years of age shall not qualify for the bar against
assessment of a penalty pursuant to subsection 3, for a violation of section 123.49, subsection
2, paragraph “h”. A licensee may assert only once in a four-year period the bar under this

subsection against assessment of a penalty pursuant to subsection 3, for a violation of section
123.49, subsection 2, paragraph “h”, that takes place at the same place of business location.

Legislative History

[C35, §1921-f46, 1921-f127; C39, §1921.046, 1921.132; C46, 50, 54, 58, 62, 66, 71, §123.46, 124.37; C73, 75, 77, 79, 81, §123.50]