House File 768 - Enrolled
House File 768
AN ACT
CONCERNING LICENSING OF AND SALES BY NATIVE DISTILLERIES,
BEER MANUFACTURERS, NATIVE BREWERIES, AND NATIVE WINE
MANUFACTURERS.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.43A, subsection 6, Code 2021, is
2 amended to read as follows:
3 6. Notwithstanding any provision of this chapter to the
4 contrary or the fact that a person is the holder of a class
5 “A” native distilled spirits license, a native distillery
6 which, combining all production facilities of the business,
7 produces and manufactures not more than one hundred thousand
8 proof gallons of native distilled spirits on an annual basis
9 may sell those native distilled spirits manufactured on the
10 premises of the native distillery for consumption on the
11 premises by applying for a class “C” native distilled spirits
12 liquor control license as provided in section 123.30. A
13 native distillery may be granted not more than one two class
14 “C” native distilled spirits liquor control license licenses.
15 All native distilled spirits sold by a native distillery for
16 on-premises consumption and mixed drinks or cocktails sold
17 for consumption off the premises shall be purchased from a
18 class “E” liquor control licensee. A manufacturer of native
19 distilled spirits may be issued a class “C” native distilled
20 spirits liquor control license regardless of whether the
21 manufacturer is also a manufacturer of beer pursuant to a class
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22 “A” beer permit or a manufacturer of native wine pursuant to a
23 class “A” wine permit.
24 Sec. 2. Section 123.45, subsection 3, Code 2021, is amended
25 to read as follows:
26 3. A person engaged in the wholesaling of beer or wine
27 may sell only disposable glassware, which is constructed of
28 paper, paper laminated, or plastic materials and designed
29 primarily for personal consumption on a one-time usage
30 basis, to retailers for use within the premises of licensed
31 establishments, for an amount which is greater than or equal
32 to an amount which represents the greater of either the amount
33 paid for the disposable glassware by the supplier or the amount
34 paid for the disposable glassware by the wholesaler. Also, a
35 person engaged in the business of manufacturing beer may sell
1 beer at retail for consumption on or off the premises of the
2 manufacturing facility and, notwithstanding any other provision
3 of this chapter or the fact that a person is the holder of a
4 class “A” beer permit, may be granted not more than one two
5 class “B” beer permit permits as defined in section 123.124
6 for that purpose regardless of whether that person is also a
7 manufacturer of native distilled spirits pursuant to a class
8 “A” native distilled spirits license or a manufacturer of
9 native wine pursuant to a class “A” wine permit.
10 Sec. 3. Section 123.130, subsection 2, Code 2021, is amended
11 to read as follows:
12 2. Pursuant to section 123.45, subsection 3, a native
13 brewery may be granted not more than one two class “B” beer
14 permit permits as defined in section 123.124 for the purpose of
15 selling beer at retail for consumption on or off the premises
16 of the manufacturing facility.
17 Sec. 4. Section 123.176, subsection 5, Code 2021, is amended
18 to read as follows:
19 5. Notwithstanding any other provision of this chapter, a
20 person engaged in the business of manufacturing native wine may
21 sell native wine at retail for consumption on the premises of
22 the manufacturing facility by applying for a class “C” native
23 wine permit as provided in section 123.178B. A manufacturer
24 of native wine may be granted not more than one two class “C”
25 native wine permit permits. A manufacturer of native wine may
 House File 768, p. 3
26 be issued a class “C” native wine permit regardless of whether
27 the manufacturer is also a manufacturer of beer pursuant to a
28 class “A” beer permit or a manufacturer of native distilled
29 spirits pursuant to a class “A” native distilled spirits
30 license.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 768, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2021 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 123.43A, 123.124, 123.45
Reprinted: 123.43A, 123.124, 123.45
Enrolled: 123.43A, 123.124, 123.45