§ 123.95 — Premises must be licensed — exception as to conventions and social gatherings

Iowa § 123.95

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

Text

1. Apersonshallnotallowthedispensingorconsumptionofalcoholicliquor,exceptwines
and beer, in any establishment unless the establishment is licensed under this chapter or
except as otherwise provided in this section.
2. a. The holder of an annual class “C” retail alcohol license may act as the agent of a
private social host for the purpose of providing and serving alcoholic beverages as part of a
food catering service for a private social gathering in a private place, provided the licensee
has applied for and been granted a catering privilege by the department. The holder of an
annual special class “C” retail alcohol license shall not act as the agent of a private social host
for the purpose of providing and serving wine and beer as part of a food catering service for
a private social gathering in a private place. An applicant for a class “C” retail alcohol license
shall state on the application for the license that the licensee intends to engage in catering
food and alcoholic beverages for private social gatherings and the catering privilege shall be
noted on the license.
b. The private social host or the licensee shall not solicit payment of any kind, including
donations, for the food or alcoholic beverages from the guests, and the alcoholic beverages
and food shall be served without cost to the guests.
c. Section 123.92 does not apply to a retail alcohol licensee who acts in accordance with
this section when the retail alcohol licensee is providing and serving food and alcoholic
beverages as an agent of a private social host at a private social gathering in a private place
which is not on the licensed premises.
d. A licensee who engages in catering food and alcoholic beverages for private social
gatherings shall maintain a record on the licensed premises which includes the name
and address of the host of the private social gathering, and the date for which catering
was provided. The record maintained pursuant to this section shall be open to inspection
pursuant to section 123.30, subsection 1, during normal business hours of the licensee.
3. However, bona fide conventions or meetings may bring their own legal liquor onto
the licensed premises if the liquor is served to delegates or guests without cost. All other
provisions of this chapter shall be applicable to such premises. The provisions of this section
shall have no application to private social gatherings of friends or relatives in a private home
or private place which is not of a commercial nature nor where goods or services may be
purchased or sold nor any charge or rent or other thing of value is exchanged for the use of
such premises for any purpose other than for sleeping quarters.

Legislative History

[C66, 71, §123.96; C73, 75, 77, 79, 81, §123.95]