SF 2451

Senate
File
2451
-
Introduced
SENATE
FILE
2451
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3168)
(COMPANION
TO
HF
2647
BY
COMMITTEE
ON
STATE
GOVERNMENT)
A
BILL
FOR
An
Act
relating
to
transferring
alcoholic
beverages
between
the
1
premises
of
certain
retail
alcohol
licensees
with
identical
2
ownership.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6116SV
(1)
91
jm/ns
S.F.
2451
Section
1.
Section
123.46A,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
Licensees
authorized
to
sell
alcoholic
liquor,
wine,
3
or
beer
in
original
unopened
containers
for
consumption
off
4
the
licensed
premises
may
deliver
alcoholic
liquor,
wine,
5
or
beer
to
a
home
,
another
licensed
premises
if
there
is
6
identical
ownership
of
the
premises
by
the
licensee,
or
7
other
designated
location
in
this
state.
Deliveries
shall
be
8
limited
to
alcoholic
beverages
authorized
by
the
licensee’s
9
license.
Orders
delivered
to
another
licensed
premises
shall
10
contain
only
those
alcoholic
beverages
authorized
for
sale
11
by
the
retail
alcohol
license
covering
the
premises
to
which
12
the
alcoholic
beverages
will
be
delivered.
Orders
delivered
13
to
another
licensed
premises
shall
be
fulfilled
using
the
14
alcoholic
beverages
inventory
owned
by
the
licensee
who
will
15
receive
the
order
for
delivery.
If
the
recipient
refuses
or
16
fails
to
pick
up
the
delivery,
or
is
ineligible
to
receive
the
17
delivery,
the
alcoholic
beverages
shall
be
returned
to
the
18
licensee
who
fulfilled
the
order.
19
Sec.
2.
NEW
SECTION
.
123.46B
Transfers
of
alcoholic
liquor
20
by
retailers.
21
1.
Notwithstanding
any
other
provision
of
this
chapter
22
to
the
contrary,
a
licensee
authorized
to
sell
alcoholic
23
liquor
in
original
unopened
containers
for
consumption
off
24
the
licensed
premises
may
transfer
alcoholic
liquor
between
25
licensed
premises
with
identical
ownership
as
the
transferring
26
licensee,
and
the
transfer
shall
not
be
considered
a
delivery
27
under
section
123.46A.
28
2.
A
transfer
pursuant
to
subsection
1
shall
be
considered
29
inventory
owned
by
the
licensee
transferring
the
alcoholic
30
liquor
until
placement
on
the
premises
of
the
licensee
31
receiving
the
alcoholic
liquor,
at
which
point
the
alcoholic
32
liquor
shall
be
considered
inventory
owned
by
the
licensee
33
receiving
the
alcoholic
liquor
for
regulatory
and
enforcement
34
purposes
under
this
chapter.
35
-1-
LSB
6116SV
(1)
91
jm/ns
1/
3
S.F.
2451
3.
A
licensee
conducting
a
transfer
under
this
section
1
shall
maintain
records
indicating
the
date
of
the
transfer,
2
the
quantity
and
type
of
alcoholic
liquor
transferred,
and
the
3
licensee
receiving
the
transfer.
Records
shall
be
maintained
4
for
three
years
from
the
date
of
the
transfer
and
shall
be
made
5
accessible
and
open
to
inspection
pursuant
to
section
123.30,
6
subsection
1,
during
normal
business
hours
of
the
licensee.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
transferring
alcoholic
beverages
11
between
the
premises
of
certain
retail
alcohol
licensees
with
12
identical
ownership.
13
Under
current
Code
section
123.46A
(delivery
of
alcoholic
14
beverages
by
retailers),
licensees
authorized
to
sell
alcoholic
15
liquor,
wine,
or
beer
in
original
unopened
containers
for
16
consumption
off
the
licensed
premises
may
deliver
alcoholic
17
liquor,
wine,
or
beer
to
a
home,
another
licensed
premises
if
18
there
is
identical
ownership
of
the
premises
by
the
licensee,
19
or
other
designated
location
in
this
state.
The
bill
strikes
20
the
specified
authorization
to
deliver
to
another
licensed
21
premises
if
there
is
identical
ownership
of
the
premises
by
the
22
licensee.
23
The
bill
allows
a
licensee
authorized
to
sell
alcoholic
24
liquor
for
consumption
off
premises
to
transfer
alcoholic
25
liquor
between
licensed
premises
with
identical
ownership
as
26
the
transferring
licensee.
The
bill
specifies
such
a
transfer
27
shall
not
be
considered
a
delivery
under
Code
section
123.46A.
28
A
transfer
of
alcoholic
liquor
pursuant
to
the
bill
shall
29
be
considered
inventory
owned
by
the
licensee
transferring
30
the
alcoholic
liquor
until
placement
on
the
premises
of
the
31
licensee
receiving
the
alcoholic
liquor.
After
placement
on
32
the
premises
of
the
licensee
receiving
the
alcoholic
liquor,
33
the
bill
specifies
the
alcoholic
liquor
is
considered
the
34
inventory
of
the
licensee
receiving
the
alcoholic
liquor
for
35
-2-
LSB
6116SV
(1)
91
jm/ns
2/
3
S.F.
2451
regulatory
and
enforcement
purposes.
1
A
licensee
conducting
the
transfer
of
alcoholic
liquor
2
pursuant
to
the
bill
is
required
to
maintain
records
of
the
3
transfer
for
three
years
and
to
make
the
records
accessible
to
4
the
department
of
revenue.
5
-3-
LSB
6116SV
(1)
91
jm/ns
3/
3