SPF SIG Webinar February 21, 2012 Stephen Larson, Administrator
Terry E. Branstad, Governor Kim Reynolds, LT. Governor
Topics of Discussion Brief overview of ABD Alcoholic Beverages Division (ABD) compliance
goals Violations of Iowa Code chapter 123 Reporting violations of Iowa Code chapter 123 to the ABD Helpful resources and tools to use for alcohol compliance Contact Information Q&A
Three Tier System Iowa’s Alcoholic beverages industry operates under a
three-tier system: manufacturer to wholesaler to retailer. It is then purchased by the customer. This system maximizes revenue for state and local programs while minimizing the cost of industry regulation. All liquor, wine and beer purchases must be made through the three-tier system. MANUFACTURER
WHOLESALER
RETAILER
Distiller Vintner • Brewer
Spirits Wine • Beer
On-Premises Off-Premises
What Does a Control State Mean? Iowa became a control state in 1934 when
prohibition ended. The Twenty-First amendment gave states the authority to create new regulatory and enforcement systems for the sale and consumption of alcoholic beverages. The idea was to balance people’s desire for legal alcohol sales with the government’s interest in protecting public health and safety. The Division is responsible for the enforcement of state and federal laws and regulations regarding the sale and use of alcohol and tobacco products.
Map of Control States
http://www.nabca.org/
Definitions Class “E” Licensee - For grocery stores, liquor
stores, convenience stores, etc. Allows commercial establishments to sell liquor for off-premises consumption in original unopened containers Class “C” Liquor License - For taverns, bars, restaurants, etc. Allows commercial establishments to sell liquor, wine, beer and wine coolers for onpremises consumption. Also allows carry-out sales of beer and wine coolers in original unopened containers
ABD Compliance Department Goals Provide a comprehensive compliance
program to enforce the liquor laws of Iowa Code chapter 123 through education, voluntary compliance, and punitive regulations. Open a two-way communication channel with our partners to provide training, resources, assistance, and education regarding alcohol compliance.
How Does an Investigation Begin? Complaints come through several avenues Complaint from public Law Enforcement Complaint to ABD Routine Compliance Checks Routine Audits
ABD Complaint to Law Enforcement Sample letter that
goes to local law enforcement when assistance on an investigation is needed.
Top Liquor Violations Top three violations that are currently taking place in Iowa Infusing No records on licensed premises Keg registration violations
Reasons a Licensee can lose their liquor license
Delinquent Sales taxes Deleted corporations with Iowa Secretary of State No Dram shop insurance Sale to Minor – multiple offenses Misrepresentation on an application Felony conviction of one of the owners Imminent danger to public safety
Right to Enter Premises 123.30(1)(b) No licensee’s premises shall have interior access to
livings quarters without the living quarters privilege As a condition of issuance of a liquor license or beer or wine permit, the applicant must give consent to enforcement officials to enter upon the premises where alcoholic beverages are stored, served, or sold without a warrant during normal business hours of the licensee or permittee to inspect for violations of Iowa Code chapter 123 or ordinances and regulations that cities and boards of supervisors may adopt.
Right to Enter Premises 123.30(1)(b)
All persons who enter upon a licensed
premises to conduct an inspection shall present appropriate identification to the owner of the establishment or the person who appears to be in charge of the establishment prior to commencing an inspection, however this provision does not apply to undercover criminal investigations conducted by peace officers.
Liquor License
Consumption, Off-Licensed Premises 123.46 oA
person may not be intoxicated, or simulate intoxication in a public place o A person shall not use or consume spirits, wine, or beer upon public streets or highways o Beer and wine may be consumed or dispensed in an unlicensed premises or other public place, as long as a city ordinance does not prohibit o A person shall not use or consume spirits in any public place except a premises covered by a liquor control license
Keep Record of Daily Gross Receipts 123.33
o
o
o
License/permit holders are required to keep the daily gross receipts of their business alcohol purchase receipts and invoices ABD recommends the retention of records for a reasonable and customary time period (ABD has advised our customers that 3 years would be reasonable) Use to confirm the licensee/permittee is following 3tier system
Keep Records 123.138 Records of beer purchases Wholesalers required to keep records of the amount of beer sold and to whom it was sold o Retailers are required to keep records of beer purchases documenting date, who it was purchased from, and the amount o
Keg registration stickers required o
Any retailer selling keg beer is required to purchase record booklets and stickers from ABD and apply a keg identification sticker to every keg sold to a consumer. They must also ensure the registration is filled out correctly Name and address of purchaser Drivers license #, non operator’s id card #, or military id # (must contain a picture and signature) Records kept for 90 days on the licensed premises
Illegal Purchase of Beer and Wine for Resale 123.142 & 123.181 All retailers holding a liquor license/beer permit are
required to purchase their beer from an Iowa licensed wholesaler (123.142) o
Bars, restaurants, grocery stores, liquor stores, gas stations, etc.
All retailers holding a wine permit are required to
purchase their wine from an Iowa licensed wholesaler (123.181) o
Exception: A Class “E” liquor license holder may sell one case of wine per brand per day to retailers each day
• All retailers holding a class “E” liquor license must
purchase hard liquor from ABD. All retailers must purchase hard liquor from a Class “E” liquor licensees.
After Hours Sales/Consumption 123.49(2)(b)
After hours activities o No alcohol can be sold, served, consumed, or given away after 2:00am o If the business offers other legal services, such as food, they may stay open to provide those services
Spirits in Container Other Than Original 123.49(2)(d)
Infusing is currently the hot trend o Mixing spirits and other ingredients (fruits, vegetables, spices, etc.) and letting them ferment for days to then be resold as a flavored ‘infused’ product All spirits are required to remain in their original
container o o
Exception: Drinks made for immediate consumption Examples: Bloody Mary, Margarita, etc.
Refilling Bottles 123.49(2)(e) Licensees/permittees are not allowed to do the
following: o Refill or marry bottles - pouring two bottles of one product into the same bottle o Adulterate, add substances, or change in anyway the contents of the original package of spirits, wine, or beer o Can not have possession of any adulterated substance or reused package.
Selling on Credit 123.49(2)(c) Alcohol can’t be sold on credit o Customer may run a tab while at the establishment, but must close and pay for the entire tab at the end of that business day, or before leaving the premises
Officer may confiscate the tabs, or make copies of the tabs for evidence. Officers will then file a report with ABD for further review.
Employing a Person Under 18 123.49(2)(f)
Must be 18 years of age or older to be a
bartender, server and ‘busboy’ of any alcoholic beverages. Must be 16 years of age to sell alcoholic beverages to-go (off-premises sales)
Allowing Persons to Bring Alcoholic Beverages Onto Premises 123.49(2)(g) Spirits can not be brought into a licensed premises except by a licensee and their employees and only products purchased from a Class “E” licensee. • Beer and wine can be brought onto a licensed or unlicensed premises with the permission of the owner. •
Alcohol Sold to Go 123.30(3) Class “E” liquor license holders is the only
classification that can sell spirits to go. Class “C” liquor license holders selling alcohol by the drink to consume on the premises, can not sell spirits to go. Carryout beer is an automatic privilege with this classification • Wine may be sold to go with an additional privilege added to the establishments license
Brand Name or Logo Advertising Outside Premises 123.51
Spirits, beer, and wine brand/logo
advertising is allowed on the inside of the premises Inside the premises includes outdoor services areas where advertisements are not displayed to the public. Signage posted inside the premises that can be seen through the window is allowable
Bootlegging 123.59
• Selling alcohol without a license • Expired license
• Selling/serving outdoors without outdoor
service area privilege • Bringing spirits, wine, or beer across the state border to sell in your licensed establishment. o
Looking for Iowa refund stickers
Licensing Process Licensee completes an online application If applicable – Dram shop company validates
insurance Local authority approves or denies electronic application after city council or board of supervisors has approved or denied Iowa Alcoholic Beverages Division (ABD) approves or denies license
What’s New in Alcohol Compliance New Legislation
Home delivery of alcoholic beverages by retailers o C-store licenses & Class “E” licensees with separate liquor rooms o
Home Delivery of Alcoholic Beverages by Retailers 123.46A The following conditions must be met for home
delivery of alcoholic beverages: o o o o
o o o
Retailer must be licensed to sell for off premise consumption The payment of the spirits, wine, or beer must take place on the licensed premises at the time of the order Alcohol delivered to a person must be for personal consumption and not for resale Deliveries shall be made to only persons 21 years of age or older Deliveries shall not be made to people who are intoxicated Delivery hours are 6am-10pm Monday-Saturday and 8am10pm Sunday Deliveries must be made by the licensee or their employees, not by a third party
Home Delivery of Alcoholic Beverages by Retailers 123.46A Continued…… o
o o
o
Deliveries shall be made in a vehicle owned, leased, or under the control of the licensee/permitee Delivery person must be 21 years of age or older Valid proof of the recipient’s identity and age shall be verified at the time of the delivery, and obtain a signature of the recipient. Licensee/permitee shall maintain records of deliveries showing the quantity delivered, recipients name and address, and the signature of the recipient of the alcohol. The records shall be maintained on the licensed premises for a 3 year period.
C-Store License and Class “E” license with Separate Premises C-store license or convenience stores licensed to sell
spirits o o
New license will allow convenience stores and gas stations to sell spirits without requiring a separate room Spirits can be stored throughout the entire premises and sold for consumption off the premises
Class “E” liquor licenses at gas stations and
convenience stores with separate spirits room o o
o
Must have a “separate premises” or room bound on all four sides from ceiling to floor with solid walls or windows Must have a separate cash register All spirits sales must take place in this room
IowaABD.com Homepage
http://www.IowaABD.com/
Contact Information For any questions on regulation please contact the licensing department at 1-866-469-2223 option 1 Or email
[email protected] Annie Adamovicz – Administrative Hearing Officer
515.281.7426
[email protected] Karen Freund – Director of Regulatory Affairs
515.281.7414
[email protected]
Contact Information Shannon Pogones- Education Outreach Coordinator
515.281.3426
[email protected]
