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Terry E. Branstad, Governor
Stephen Larson, Administrator               Kim Reynolds, LT. Governor




     Local Lessons in Licensing

                           March 14, 2012
OVERVIEW
   Reviewing an application submitted to local authority
   Outdoor Service
   Temporary Transfer of
   Catering Privilege
   Consumption Off Licensed Premises
   Bringing Spirits on to a Licensed Premises
   Brand Name and Logo Advertising on Licensed
    Premises
   New Legislation
   Contact Information
   Q&A
Search
Pending License Applications
Privileges
Applicant
Status of Business
Ownership
Criminal History
Violations
Premises Information
General Premises Information
Applicant Signature
Local Authority Endorsement
Local Authority Endorsement
Outdoor Service Areas

      Important Information
        Designated area (fenced, barricaded,
         etc.)
        Adjacent to existing licensed premises

        Only Products permitted by license
         may be served
      To Apply
        Contact local Authority

        Apply Electronically at IowaABD.com
Outdoor Service Areas

   Designated, Adjacent Area



                                Beer Garden


             Joe’s Bar
Temporary License Transfers
   Important Information
     Only within local authority jurisdiction
     24 Hours Minimum

     No Selling or Serving at Original Location

     Only Products Permitted by License May be Served
      at new location
   To Apply
       Electronically at IowaABD.com
Temporary License Transfers
            Moving an Existing License



 605 Main




                                  651 Main
Catering Privilege


  A Catering Privilege may only be added
   to a 12-month class B or C liquor license.
  Allows licensee to act as an agent of a
   private social host for the purpose of
   providing and serving alcoholic beverages
   at private social gatherings in a private
   place.
  The licensee must serve food with the
   alcoholic beverages. All food and
   beverages must be served without cost to
Catering Privilege

 Neither the licensee nor the social host
  may ask guests to make donations in
  payment for food or alcoholic beverages
 For the purpose of the Catering Privilege,

  a private social gathering is one that
  meets all of the following criteria:
     The place for the social gathering is not a
      licensed alcohol beverage establishment.
     The general public does not have access to
      the private social gathering.
Catering Privilege

   Persons attending the social gathering are limited
    to the social host and the host’s bona fide guests.
   Goods and services are not purchased or sold by
    or to the Guests during the social gathering.
   Guests are not charged or responsible for
    payment of any fees, fares, ticket prices or
    donations to attend the gathering.
   The caterer does not pay rent or other charges
    for use of the private place. (A private social host
    may rent a place for a private social gathering,
    and is solely responsible for any rent or other
    charges for the private place).
Consumption, Off Licensed Premises

   A person may not be intoxicated, or simulate
    intoxication in a public place
   A person shall not use or consume spirits, wine, or beer
    upon public streets or highways
   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 and there is no charge
    for the beer and/or wine
   A person shall not use or consume spirits in any public
    place except a premises covered by a liquor control
    license
Allowing Persons to Bring Alcoholic Beverages
Onto Premises

   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.
Brand Name or Logo Advertising Outside
Premises
 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
What’s New in Alcohol Compliance

   New Legislation
     Home delivery of alcoholic beverages by
      retailers
     C-store licenses & Class “E” licensees
      with separate liquor rooms
Home Delivery of Alcoholic Beverages by
Retailers
   The following conditions must be met for home
    delivery of alcoholic beverages:
       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 8am-
        10pm Sunday
       Deliveries must be made by the licensee or their employees,
        not by a third party
Home Delivery of Alcoholic Beverages by
Retailers

   Continued……
       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
Class “E” C-Store License

   Convenience stores and gas stations licensed to
    sell spirits
     New C-store legislation allows 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” license with Separate Premises

   Class “E” liquor licenses at gas stations and
    convenience stores with separate spirits room
       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 for liquor sales
       All spirits sales must take place in this room
       All storage of spirits must be stored on licensed
        premises
Contact Information

 For questions regarding licensing or regulation
 contact the licensing department at 866.469.2223,
 option 1 Or email Licensing@IowaABD.com

 Annie Adamovicz – Administrative Hearing Officer
 515.281.7126 or Adamovicz@IowaABD.com

 Karen Freund – Directory of Regulatory Affairs
 515.281.7414 or Freund@IowaABD.com

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Local Lessons in Licensing

  • 1. Terry E. Branstad, Governor Stephen Larson, Administrator Kim Reynolds, LT. Governor Local Lessons in Licensing March 14, 2012
  • 2. OVERVIEW  Reviewing an application submitted to local authority  Outdoor Service  Temporary Transfer of  Catering Privilege  Consumption Off Licensed Premises  Bringing Spirits on to a Licensed Premises  Brand Name and Logo Advertising on Licensed Premises  New Legislation  Contact Information  Q&A
  • 16. Outdoor Service Areas  Important Information  Designated area (fenced, barricaded, etc.)  Adjacent to existing licensed premises  Only Products permitted by license may be served  To Apply  Contact local Authority  Apply Electronically at IowaABD.com
  • 17. Outdoor Service Areas  Designated, Adjacent Area Beer Garden Joe’s Bar
  • 18. Temporary License Transfers  Important Information  Only within local authority jurisdiction  24 Hours Minimum  No Selling or Serving at Original Location  Only Products Permitted by License May be Served at new location  To Apply  Electronically at IowaABD.com
  • 19. Temporary License Transfers Moving an Existing License 605 Main 651 Main
  • 20. Catering Privilege  A Catering Privilege may only be added to a 12-month class B or C liquor license.  Allows licensee to act as an agent of a private social host for the purpose of providing and serving alcoholic beverages at private social gatherings in a private place.  The licensee must serve food with the alcoholic beverages. All food and beverages must be served without cost to
  • 21. Catering Privilege  Neither the licensee nor the social host may ask guests to make donations in payment for food or alcoholic beverages  For the purpose of the Catering Privilege, a private social gathering is one that meets all of the following criteria:  The place for the social gathering is not a licensed alcohol beverage establishment.  The general public does not have access to the private social gathering.
  • 22. Catering Privilege  Persons attending the social gathering are limited to the social host and the host’s bona fide guests.  Goods and services are not purchased or sold by or to the Guests during the social gathering.  Guests are not charged or responsible for payment of any fees, fares, ticket prices or donations to attend the gathering.  The caterer does not pay rent or other charges for use of the private place. (A private social host may rent a place for a private social gathering, and is solely responsible for any rent or other charges for the private place).
  • 23. Consumption, Off Licensed Premises  A person may not be intoxicated, or simulate intoxication in a public place  A person shall not use or consume spirits, wine, or beer upon public streets or highways  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 and there is no charge for the beer and/or wine  A person shall not use or consume spirits in any public place except a premises covered by a liquor control license
  • 24. Allowing Persons to Bring Alcoholic Beverages Onto Premises  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.
  • 25. Brand Name or Logo Advertising Outside Premises  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
  • 26. What’s New in Alcohol Compliance  New Legislation  Home delivery of alcoholic beverages by retailers  C-store licenses & Class “E” licensees with separate liquor rooms
  • 27. Home Delivery of Alcoholic Beverages by Retailers  The following conditions must be met for home delivery of alcoholic beverages:  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 8am- 10pm Sunday  Deliveries must be made by the licensee or their employees, not by a third party
  • 28. Home Delivery of Alcoholic Beverages by Retailers  Continued……  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
  • 29. Class “E” C-Store License  Convenience stores and gas stations licensed to sell spirits  New C-store legislation allows 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
  • 30. Class “E” license with Separate Premises  Class “E” liquor licenses at gas stations and convenience stores with separate spirits room  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 for liquor sales  All spirits sales must take place in this room  All storage of spirits must be stored on licensed premises
  • 31. Contact Information For questions regarding licensing or regulation contact the licensing department at 866.469.2223, option 1 Or email Licensing@IowaABD.com Annie Adamovicz – Administrative Hearing Officer 515.281.7126 or Adamovicz@IowaABD.com Karen Freund – Directory of Regulatory Affairs 515.281.7414 or Freund@IowaABD.com

Notes de l'éditeur

  1. After a successful log-in, the “License Search” screen will display. To retrieve applications that are pending approval, under “License Status” select “Submitted to Local Authority” and then click “Search.” Next, the “License List” screen will display all applications pending approval for your jurisdiction.
  2. Select the license you wish to approve from the “License List” screen and click “View.” When a paper document is required for your City Council or Board of Supervisors to approve, click “Print.” If a Local Authority requires additional pages printed from the application that are not available through the “View Public Records” log on, follow the instructions below: Printing a page from an application:  1. Open Microsoft Word. 2. Log on to E-Licensing.  3. Open license application you want to print  4. Click to the page you want to print. 5. Highlight the information you want to print 6. On your keyboard, press “Ctrl” and “C” 7. Go to Microsoft Word and hit “Edit” and then “Paste”.If you need to print more than one page of the application, complete the above for each page you want to print. After you “paste” the information, use your “return” key to get you to a new page in your document for pasting the next page of the application.
  3. Navigate through the license application by clicking “Next” or by using the navigation links on the left-hand side of the screen.  Local authorities cannot edit a submitted application. If any application changes are needed, local authority will need to contact the Iowa ABD.Review the privileges screen so you are aware of the different license classifications and privileges that are being added to the application
  4. 1. Check address of premises to ensure it is within your jurisdiction2. Ensure the address is correct for the premises3. Ensure name of applicant is correct
  5. If status is a corporation, ensure corporation name is recorded under “applicant” on applicant pageIf Sole Proprietor and there are 2 owners, ensure both names are listed under “applicant” on the applicant page.3. If general partnership, ensure all partners are listed under “applicant” on the applicant page.
  6. If sole propriertor, general partnership or limited partnership, percentage should equal 100%2. Ensure correct names are recorded on the applicant page under “applicant”
  7. 1. If convicted of a felony and has not been pardoned by the governor, the owner cannot hold a liquor license2. If applicant answers “yes” to questions #2, review criminal history on “violations” page
  8. Ensure the violation is not a felony conviction.Review the violations history to ensure good moral character, which may include following laws.