Iowa Code § 123.176

Current through March 29, 2024

Section 123.176 - Native wines

1. Subject to rules of the department, manufacturers of native wines from grapes, cherries, other fruits or other fruit juices, vegetables, vegetable juices, dandelions, clover, honey, or any combination of these ingredients, holding a class "A" wine permit as required by this chapter, may sell, keep, or offer for sale and deliver the wine. Notwithstanding section 123.24, subsection 2, paragraph "b", or any other provision of this chapter, manufacturers of native wine may obtain and possess grape brandy from the department for the sole purpose of manufacturing wine.

2. Native wine may be sold at retail for off-premises consumption when sold on the premises of the manufacturer, or in a retail establishment operated by the manufacturer. Sales may also be made to class "A" or retail alcohol licensees as authorized by sections 123.30 and 123.177. A manufacturer of native wines shall not sell the wines other than as permitted in this chapter and shall not allow wine sold to be consumed upon the premises of the manufacturer. However, prior to sale, native wines may be tasted pursuant to the rules of the department on the premises where made, when no charge is made for the tasting.

3. A manufacturer of native wines may ship wine in closed containers to individual purchasers inside this state by obtaining a wine direct shipper permit pursuant to section 123.187.

4. A class "A" wine permit issued for a native wine manufacturer shall only allow the native wine manufacturer to sell, keep, or offer for sale and deliver the manufacturer's native wines as provided under this section.

a. Notwithstanding any other provision of this chapter or the fact that a person is the holder of a class "A" wine permit, a person engaged in the business of manufacturing native wine may be granted a class "C" retail alcohol license or special class "C" retail native wine license as defined in section 123.30 for the same premises licensed under a class "A" wine permit where the manufacturing of native wine occurs. A manufacturer of native wine may be granted not more than two class "C" retail alcohol licenses or special class "C" retail native wine licenses. A manufacturer of native wine may be issued a class "C" retail alcohol license or special class "C" retail native wine license regardless of whether the manufacturer is also a manufacturer of beer pursuant to a class "A" beer permit or a manufacturer of native distilled spirits pursuant to a class "A" native distilled spirits license.

b. Notwithstanding any other provision of this chapter or the fact that a person is the holder of a class "A" wine permit, a person engaged in the business of manufacturing native wine may be granted a five-day class "C" retail alcohol license or five-day special class "C" retail native wine license as described in section 123.34 for premises other than the premises licensed under a class "A" wine permit where the manufacturing of native wine occurs. A manufacturer of native wine may be granted not more than six five-day class "C" retail alcohol licenses or five-day special class "C" retail native wine licenses during a calendar year. A manufacturer of native wine may be issued a five-day class "C" retail alcohol license or five-day special class "C" retail native wine license regardless of whether the manufacturer is also a manufacturer of beer pursuant to a class "A" beer permit or a manufacturer of native distilled spirits pursuant to a class "A" native distilled spirits license.

6. Notwithstanding any other provision of this chapter, a person employed by a manufacturer of native wine holding a class "A" wine permit may be employed by a brewery with a class "A" beer permit provided the person has no ownership interest in either licensed premises.

7. A manufacturer may use the space and equipment of another manufacturer for the purpose of manufacturing native wine, provided that such an alternating proprietorship arrangement is approved by the alcohol and tobacco tax and trade bureau of the United States department of the treasury. A separate class "A" wine permit shall be issued to each manufacturer, and each manufacturer shall be subject to the provisions of this chapter and the rules of the department. Notwithstanding subsection 5, not more than one class "C" retail alcohol license shall be issued to a premises with alternating proprietorships.

8. A manufacturer of native wines shall file with the department, on or before the fifteenth day of each calendar month, all documents filed with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all wine premises operations and excise tax return reports.

9. For the purposes of this section, "manufacturer" includes only those persons who process in Iowa the fruit, vegetables, dandelions, clover, honey, or any combination of these ingredients, by fermentation into wines.

Iowa Code § 123.176

85 Acts, ch 32, §49; 85 Acts, ch 198, §1; 2003 Acts, ch 143, §4, 5, 17; 2009 Acts, ch 73, §1; 2011 Acts, ch 17, § 11; 2011 Acts, ch 30, § 8; 2015 Acts, ch 53, § 2; 2016 Acts, ch 1008, § 8; 2017 Acts, ch 119, § 46; 2018 Acts, ch 1060, § 41; 2019 Acts, ch 113, § 33 - 35, 62; 2019 Acts, ch 160, §3 2021 Acts, ch 133, §4; 2022 Acts, ch 1099, § 78, 88; 2023 Acts, ch 19, § 2451; 2023 Acts, ch 157, §9

Amended by 2024 Iowa, ch Chapter 1087,s 5, eff. 7/1/2024.

Amended by 2023 Iowa, ch 157, s 9, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 2451, eff. 7/1/2023.

Amended by 2022 Iowa, ch 1099, s 78, eff. 1/1/2023.

Amended by 2021 Iowa, ch 133, s 4, eff. 7/1/2021.

Amended by 2019 Iowa, ch 160, s 3, eff. 7/1/2019.

Renumbered from Iowa Code s 123.56 by 2019 Iowa, ch 113, s 62, eff. 5/10/2019.

Amended by 2019 Iowa, ch 113, s 33, eff. 5/10/2019.

Amended by 2019 Iowa, ch 113 , s 34, eff. 5/10/2019.

Amended by 2019 Iowa, ch 113, s 35 eff. 5/10/2019.

Amended by 2018 Iowa, ch 1060, s 41, eff. 4/2/2018.

Amended by 2017 Iowa, ch 119, s 46, eff. 7/1/2017.

Amended by 2016 Iowa, ch 1008, s 8, eff. 7/1/2016.

Amended by 2015 Iowa, ch 53, s 2, eff. 7/1/2015.

C35, §1921-f56; C39, §1921.056; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 123.56
85 Acts, ch 32, §49; 85 Acts, ch 198, §1; 2003 Acts, ch 143, §4, 5, 17; 2009 Acts, ch 73, §1; 2011 Acts, ch 17, §11; 2011 Acts, ch 30, §8

Referred to in §123.3

[ ()]2022 amendment to subsections 2, 5, and 7 effective January 1, 2023; 2022 Acts, ch 1099, § 88

[ ()]Subsections 2, 5, and 7 amended