General Provisions Relating to Alcoholic Beverages | MidpageGeneral Provisions Relating to Alcoholic Beverages
123.1Public policy declared123.2General prohibition123.3Definitions123.4Alcoholic beverage control123.5Alcoholic beverages commission created — appointment — removal — vacancies123.6Commission meetings123.7Duties of director123.8Duties of commission123.9Powers of director123.10Rules123.11Compensation and expenses123.12Exemption from suit123.13Prohibitions on commission members and employees123.14Alcoholic beverage control law enforcement123.15Favors from licensee or permittee123.16Annual report123.17Beer and liquor control fund — allocations to substance use disorder programs — use of civil penalties123.18Appropriations123.19Distiller’s certificate of compliance — injunction — penalty123.20Powers123.21Rules123.22State monopoly123.23Distiller’s certificate of compliance — injunction — penalty123.24Alcoholic liquor sales by the department — dishonored payments — liquor prices123.25Consumption on premises123.26Restrictions on sales — seals — labeling123.27Sales and deliveries prohibited123.28Restrictions on transportation123.29Patent and proprietary products and sacramental wine123.30Retail alcohol licenses — classes123.31Retail alcohol licenses — application123.31AAuthority under class “B”, class “C”, special class “C”, and class “E” retail alcohol license123.31BAuthority under special class “B” retail native wine license123.31CAuthority under special class “C” retail native wine license123.32Action by local authorities and department on applications for retail alcohol licenses, native distilled spirits licenses, and wine and beer permits123.33Records123.34Seasonal, fourteen-day, and five-day licenses — fees123.35Expiration of licenses, permits, and certificates of compliance — automatic renewals123.36Retail alcohol license fees123.37Exclusive power to license and levy taxes — disputed taxes123.38Nature of permit or license — surrender — transfer123.38AConfidential investigative records123.39Suspension or revocation of license or permit — civil penalty123.40Effect of revocation123.41Manufacturer’s license — alcoholic liquor123.42Broker’s permit123.43Class “A” native distilled spirits license — application and issuance — fees123.43ANative distilleries123.44Gifts prohibited123.45General limitations on business interests — licensing of native breweries123.46Consumption or intoxication in public places — notifications — chemical tests — expungement123.46ADelivery of alcoholic beverages by retailers123.47Persons under eighteen years of age, persons eighteen, nineteen, or twenty years of age, and persons twenty-one years of age and older123.47BParental and school notification — persons under eighteen years of age123.48Seizure of false or altered driver’s license or nonoperator’s identification card123.49Miscellaneous prohibitions123.49ARestriction on alcoholic beverages containing tetrahydrocannabinol123.50Criminal and civil penalties123.50AAlcohol compliance employee training program123.51Advertisements for alcoholic liquor, wine, or beer123.52Prohibited sale123.53Beer and liquor control fund — allocations to substance abuse — use of civil penalties123.54Appropriations123.55Annual report123.56Public safety nuisances — procedure123.57Examination of accounts123.58Auditing123.59Bootlegging — penalties123.60Nuisances123.61Penalty123.62Injunction123.63Temporary writ123.64Notice123.65Scope of injunction123.66Trial of action123.67General reputation123.68Contempt123.69Trial of contempt action123.70Injunction against bootlegger123.71Conditions on injunction proceeding123.72Order of abatement of nuisance123.73Use of abated premises123.74Fees123.75Proceeds of sale123.76Abatement of nuisance123.77Abatement before judgment123.78Existing liens123.79Abatement bond a lien123.80Attested copies filed123.81Forfeiture of bond123.82Procedure123.83Method of trial123.84Judgment123.85Appeal123.86County attorney to prosecute123.87Prompt service123.88Evidence123.89Counts123.90Penalties generally123.91Second and subsequent conviction123.92Civil liability for dispensing or sale and service of any alcoholic beverage (Dramshop Act) — liability insurance — underage persons123.93Limitation of action123.94Inurement of action prohibited123.95Premises must be licensed — exception as to conventions and social gatherings123.98Labeling shipments123.99False statements123.100Packages in transit123.101Record of shipments123.102Inspection of shipping records123.103Record and certification upon delivery123.104Unlawful delivery123.105Immunity from damage123.106Federal statutes123.107Unnecessary allegations123.108Second conviction defined123.109Record of conviction123.110Proof of sale123.111Purchaser as witness123.112Peace officer as witness123.113Judgment lien123.114Enforcement of lien123.115Defense123.116Right to receive alcoholic liquor, wine, or beer123.117Delivery to sheriff123.118Destruction123.119Evidence123.120Attempt to destroy123.121Venue