Iowa Code § 123.135

Current through March 29, 2024

Section 123.135 - Brewer's certificate of compliance - penalties

1. A manufacturer, brewer, bottler, importer, or vendor of beer, or any agent thereof, desiring to ship or sell beer, or have beer brought into this state for resale by a class "A" beer permittee, shall first make application for and be issued a brewer's certificate of compliance by the director for that purpose. The certificate of compliance expires at the end of one year from the date of issuance and shall be renewed for a like period upon application to the director unless otherwise revoked for cause. Each completed application for a certificate of compliance or renewal of a certificate shall be submitted electronically, or in a manner prescribed by the director, and shall be accompanied by a fee of two hundred dollars payable to the department. Each holder of a certificate of compliance shall furnish the information in a manner the director requires.

2. At the time of applying for a certificate of compliance, each applicant shall file with the department a list of all class "A" beer permittees with whom it intends to do business and shall designate the geographic area in which its products are to be distributed by such permittee. The listing of class "A" beer permittees and geographic area as filed with the department shall be amended by the holder of a certificate of compliance as necessary to keep the listing current with the department.

3. All class "A" beer permit holders shall sell only those brands of beer which are manufactured, brewed, bottled, shipped, or imported by a person holding a current certificate of compliance. Any employee or agent working for or representing the holder of a certificate of compliance within this state shall submit electronically, or in a manner prescribed by the director, the employee's or agent's name and address with the department.

4. It shall be unlawful for any holder of a certificate of compliance or the holder's agent, or any class "A" beer permit holder or the beer permit holder's agent, to grant to any retail alcohol license holder, directly or indirectly, any rebates, free goods, or quantity discounts on beer which are not uniformly offered to all retail alcohol licensees.

5. Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the holder of a brewer's certificate of compliance or a class "A" beer permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the certificate or permit, or revocation of the certificate or permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.

Iowa Code § 123.135

89 Acts, ch 221, §6; 89 Acts, ch 252, §3; 2010 Acts, ch 1031, § 95, 96; 2012 Acts, ch 1021, §38; 2013 Acts, ch 35, §12; 2015 Acts, ch 53, § 9; 2016 Acts, ch 1073, § 45; 2017 Acts, ch 119, § 31; 2019 Acts, ch 113, § 44, 45; 2022 Acts, ch 1099, § 12, 15, 62, 88; 2023 Acts, ch 19, § 2438

Amended by 2023 Iowa, ch 19, s 2438, eff. 7/1/2023.

Amended by 2022 Iowa, ch 1099, s 62, eff. 1/1/2023.

Amended by 2022 Iowa, ch 1099, s 12, eff. 1/1/2023.

Amended by 2019 Iowa, ch 113, s 45, eff. 5/10/2019.

Amended by 2019 Iowa, ch 113, s 44, eff. 5/10/2019.

Amended by 2017 Iowa, ch 119, s 31, eff. 7/1/2017.

Amended by 2016 Iowa, ch 1073, s 45, eff. 7/1/2016.

Amended by 2015 Iowa, ch 53, s 9, eff. 7/1/2015.

Amended by 2013 Iowa, ch 35, s 12, eff. 7/1/2013.

C73, 75, 77, 79, 81, §123.135
89 Acts, ch 221, §6; 89 Acts, ch 252, §3; 2010 Acts, ch 1031, §95, 96; 2012 Acts, ch 1021, §38

Referred to in §123.32, 123.35

Subsections 1 - 3 amended