ALCOHOL COMPLIANCE PRESENTATION Terry E. Branstad, Governor Kim Reynolds, LT. Governor Stephen Larson, Administrator
AC4C Compliance Presentation
Jan 20, 2015
December 13, 2011 AC4C Fall Retreat compliance presentation.
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
ALCOHOL COMPLIANCE PRESENTATION
Terry E. Branstad, Governor
Kim Reynolds, LT. Governor
Stephen Larson, Administrator
Topics of Discussion
Alcoholic Beverages Division (ABD) compliance goals
Violations of Iowa Code chapter 123Reporting violations of Iowa Code
chapter 123 to the ABDHelpful resources and tools to use for
alcohol compliance Contact Information Q&A
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 on-premises 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 publicLaw Enforcement Complaint to ABDRoutine Compliance ChecksRoutine 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 offensesMisrepresentation on an application Felony conviction of one of the owners Imminent danger to public safety
Right to Enter Premises123.30(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 Premises123.30(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 Premises123.46
o A 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 Receipts123.33
o License/permit holders are required to keep the daily gross receipts of their business alcohol purchase receipts and invoices
o ABD recommends the retention of records for a reasonable and customary time period (ABD has advised our customers that 3 years would be reasonable)
o Use to confirm the licensee/permittee is following 3-tier system
Keep Records123.138
Records of beer purchaseso Wholesalers required to keep records of the amount of beer sold and to whom it was soldo Retailers are required to keep records of beer purchases documenting date, who it was purchased from, and the amount
Keg registration stickers requiredo 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 Resale123.142 & 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/Consumption123.49(2)(b)
After hours activitieso No alcohol can be sold, served, consumed, or given
away after 2:00amo If the business offers other legal services, such as
food, they may stay open to provide those services
Spirits in Container Other Than Original123.49(2)(d)
Infusing is currently the hot trendo 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 containero Exception: Drinks made for immediate consumptiono Examples: Bloody Mary, Margarita, etc.
Refilling Bottles123.49(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 bottleo 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 credito 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 18123.49(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 Go123.30(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 Premises123.51
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
Bootlegging123.59
• 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 Legislationo Home delivery of alcoholic beverages
by retailerso C-store licenses & Class “E”
licensees with separate liquor rooms
Home Delivery of Alcoholic Beverages by Retailers123.46A
The following conditions must be met for home delivery of alcoholic beverages:
o Retailer must be licensed to sell for off premise consumption o The payment of the spirits, wine, or beer must take place on
the licensed premises at the time of the ordero Alcohol delivered to a person must be for personal
consumption and not for resaleo Deliveries shall be made to only persons 21 years of age or
oldero Deliveries shall not be made to people who are intoxicatedo Delivery hours are 6am-10pm Monday-Saturday and 8am-
10pm Sundayo Deliveries must be made by the licensee or their employees,
not by a third party
Home Delivery of Alcoholic Beverages by Retailers123.46A
Continued……
o Deliveries shall be made in a vehicle owned, leased, or under the control of the licensee/permitee
o Delivery person must be 21 years of age or oldero 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.
o 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 spiritso New license will allow convenience stores and gas
stations to sell spirits without requiring a separate room o Spirits can be stored throughout the entire premises and
sold for consumption off the premisesClass “E” liquor licenses at gas stations and
convenience stores with separate spirits roomo Must have a “separate premises” or room bound on all
four sides from ceiling to floor with solid walls or windows
o Must have a separate cash registero All spirits sales must take place in this room
eLicensing
https://elicensing.iowaabd.com/LicenseSearch.aspx
License Search
eLicensing Search
eLicensing Search Screen 2
eLicensing Search
License Classifications
http://www.iowaabd.com/alcohol/licensees/licensing/licenses
Education
http://www.IowaABD.com/education
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
Karen Freund – Director of Regulatory [email protected]
Related Documents
