123.1 Public policy declared. This chapter shall be cited as the “Iowa Alcoholic Beverage Control Act”, and shall be deemed an exercise of the police power of the state, for the protection of the welfare, health, peace, morals, and safety of the people of the state, and all its provisions shall be liberally construed for […]
123.10 Rules. The administrator, with the approval of the commission and subject to chapter 17A, may adopt rules as necessary to carry out this chapter. The administrator’s authority extends to, but is not limited to, the following: 1. Prescribing the duties of officers, clerks, agents, or other employees of the division and regulating their conduct […]
123.100 Packages in transit. Any peace officer of the county under process or warrant to the peace officer directed shall have the right to open any box, barrel, or other vessel or package for examination, if the peace officer has reasonable ground for believing that it contains alcoholic liquor, wine, or beer, either before or […]
123.101 Record of shipments. It shall be the duty of all common carriers, or corporations, or persons who shall for hire carry any alcoholic liquor, wine, or beer into the state, or from one point to another within the state, for the purpose of delivery, and who shall deliver such alcoholic liquor, wine, or beer […]
123.102 Inspection of shipping records. The records required by section 123.101 shall, during business hours, be open to inspection by any peace or law enforcing officer. It is a simple misdemeanor to refuse such inspection. [SS15, §2421-c, -d; C24, 27, 31, 35, 39, §1941; C46, 50, 54, 58, 62, 66, 71, §125.21; C73, 75, 77, […]
123.103 Record and certification upon delivery. The full name and residence or place of business of the consignee of a shipment billed in whole or in part as alcoholic liquor, wine, or beer, shall be properly recorded at the time of delivery and the consignee shall certify that the alcoholic liquor, wine, or beer is […]
123.104 Unlawful delivery. It is a simple misdemeanor for any corporation, common carrier, person, or any agent or employee thereof: 1. To deliver any alcoholic liquor, wine, or beer to any person other than to the consignee. 2. To deliver any alcoholic liquor, wine, or beer without having the same properly recorded as provided in […]
123.105 Immunity from damage. In no case shall any corporation, common carrier, person, or the agent thereof, be liable in damages for complying with any requirements of this chapter. [SS15, §2421-c; C24, 27, 31, 35, 39, §1944; C46, 50, 54, 58, 62, 66, 71, §125.24; C73, 75, 77, 79, 81, §123.105]
123.106 Federal statutes. The requirements of this chapter relative to the shipment and delivery of alcoholic liquor, wine, or beer and the records to be kept thereof shall be construed in harmony with federal statutes relating to interstate commerce in such liquor, wine, or beer. [SS15, §2421-e; C24, 27, 31, 35, 39, §1945; C46, 50, […]
123.107 Unnecessary allegations. 1. In any indictment or information under this chapter, it shall not be necessary: a. To set out exactly the kind or quantity of alcoholic liquor, wine, or beer manufactured, sold, given in evasion of the statute, or kept for sale. b. To set out the exact time of manufacture, sale, gift, […]
123.108 Second conviction defined. The second or subsequent convictions provided for in this chapter shall be convictions on separate informations or indictments, and, unless shown in the information or indictment, the charge shall be held to be for a first offense. [R60, §1562; C73, §1540; C97, §2425; C24, 27, 31, 35, 39, §1955; C46, 50, […]
123.109 Record of conviction. On the trial of any cause in which the accused is charged with a second or subsequent offense, a duly authenticated copy of the former judgment in any court in which such conviction was had shall be competent evidence of such former conviction. [SS15, §2461-n; C24, 27, 31, 35, 39, §1956; […]
123.11 Compensation and expenses. Members of the commission, the administrator, and other employees of the division shall be allowed their actual and necessary expenses while traveling on business of the division outside of their place of residence, however, an itemized account of such expenses shall be verified by the claimant and approved by the administrator. […]
123.110 Proof of sale. It shall not be necessary in every case to prove payment in order to prove a sale within the meaning and intent of this chapter. [R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, §1957; C46, 50, 54, 58, 62, 66, 71, §126.12; C73, 75, 77, 79, 81, §123.110]
123.111 Purchaser as witness. The person purchasing any alcoholic liquor, wine, or beer sold in violation of this chapter shall in all cases be a competent witness to prove such sale. [R60, §1569; C73, §1549; C97, §2424; C24, 27, 31, 35, 39, §1958; C46, 50, 54, 58, 62, 66, 71, §126.13; C73, 75, 77, 79, […]
123.112 Peace officer as witness. Every peace officer shall give evidence, when called upon, of any facts within the peace officer’s knowledge tending to prove a violation of the provisions of this chapter. [R60, §1578; C73, §1551; C97, §2428; S13, §2428; C24, 27, 31, 35, 39, §1959; C46, 50, 54, 58, 62, 66, 71, §126.14; […]
123.113 Judgment lien. For all fines and costs assessed or judgments rendered of any kind against any person for a violation of any provision of this chapter, or costs paid by the county on account of such violation, the personal and real property of the violator, whether exempt or not, except the homestead, as well […]
123.114 Enforcement of lien. Costs paid by the county for the prosecution of actions or proceedings, civil or criminal, under this chapter, as well as the fines inflicted or judgments rendered, may be enforced against the property upon which the lien attaches by execution, or by action against the owner of the property to subject […]
123.115 Defense. In any prosecution under this chapter for the unlawful transportation of alcoholic liquor, wine, or beer it shall be a defense that the character and contents of the shipment or thing transported were not known to the accused or to the accused’s agent or employee. [C97, §2419; C24, §2059; C27, 31, 35, §1945-a2; […]
123.116 Right to receive alcoholic liquor, wine, or beer. The consignee of alcoholic liquor, wine, or beer shall, on demand of the carrier transporting such alcoholic liquor, wine, or beer, furnish the carrier, at the place of delivery, with legal proof of the consignee’s legal right to receive such alcoholic liquor, wine, or beer at […]
