This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.  

Iowa’s Governing Liquor Authority

Iowa’s Governing Liquor Authority:

• The State of Iowa’s governing liquor authority is the Alcoholic Beverages Division.
• The phone number for the Alcoholic Beverages Division is: 515-281-7407.
• The website for the Alcoholic Beverages Division is: www.iowaabd.com.
• Iowa’s Legislature is the body responsible for enacting the state’s alcohol laws.
• Responsible alcohol service training is voluntary.
• Posting of alcohol warning signs is not a state requirement.

• Iowa is a control state:

• The state government controls the sale and distribution of alcohol.

Liquor License and Alcohol Beverage Laws for the State of Iowa

Iowa’s Alcoholic Beverages Division requires:

• Licensees to uphold all the liquor laws for the state of Iowa.

• Licensees to also be knowledgeable of and abide by any local ordinances as well.

Under Iowa’s Alcohol Laws:

• There are no specific laws regarding happy hour, drink specials or promotions. Local ordinances should be consulted.
• Licensees may provide a combination of food and drink for a special price.

Identification

In the state of Iowa:

·         Acceptable forms of identification are not regulated by the state.

·         The Alcoholic Beverages Division does recommend that licensees check IDs

·         A valid ID must include:

• A photo of the person.
• The date of birth of the person.

• Licensees and their employees are authorized to confiscate any ID that they believe to be false. For any state-issued IDs, a written receipt must be given to the individual from whom the ID was seized. The confiscated ID must be turned over to local law enforcement and the licensee must file a written report of the incident within 24 hours.
• When confiscating a state-issued ID, the licensee may be subject to civil liability or criminal prosecution if while obtaining the ID:

o        The proper procedures were not followed.

o        Excessive force was used.

• Should a licensee or employee be given a citation for serving a minor, the following may be allowed as a possible defense:

• The minor misrepresented their age while making the purchase of alcohol.
• A reasonable effort was made to determine that the person was of legal age to purchase alcohol.

Iowa’s Laws Regarding Age

 Under Iowa law:

• A person must be at least 21 years old to purchase and consume alcohol.
• It is illegal to sell or serve alcohol to a minor.
• Entry by minors into a licensed establishment is not governed by the state. Local ordinances should be consulted.
• Minors may be employed as Barbacks and Busboys at the age of 16 so long as they do not serve any alcoholic beverages.

Dram Shop Laws for the State of Iowa

 Dram Shop Liability:

• Licensees can be held civilly liable:

o        For serving an intoxicated person.

o        For serving a person to the point of being visibly intoxicated.

• Licensees can also be held civilly liable if a reasonable person in their situation would have known that the service of alcohol would lead to the intoxication of the person being served.
• Servers are not held civilly liable for serving intoxicated customers but they can be held criminally liable.
• Please note that although it is not expressly stated, it is assumed that licensees and employees can be held liable for serving a minor.
• Licensees must carry a liquor liability insurance policy. (Class E licensees are excluded from this requirement.)
• The licensee and/or the employee may have a defense if they can provide evidence that the person’s intoxication did not actually contribute to the damage or injury.

ADDENDUM:  IOWA’S DRAM SHOP LAW

123.92 Civil liability for dispensing or sale and service of beer, wine, or intoxicating liquor (Dram Shop Act) - liability insurance – underage persons.

Any person who is injured in person or property or means of support by an intoxicated person or resulting from the intoxication of a person, has a right of action for all damages actually sustained, severally or jointly, against any licensee or permittee, whether or not the license or permit was issued by the division or by the licensing authority of any other state, who sold and served any beer, wine, or intoxicating liquor to the intoxicated person when the licensee or permittee knew or should have known the person was intoxicated, or who sold to and served the person to a point where the licensee or permittee knew or should have known the person would become intoxicated. If the injury was caused by an intoxicated person, a permittee or licensee may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the person. The remedy provided by this section shall apply both prospectively, to actions filed on or after July 1, 1992, and retrospectively, to actions pending in trial or appellate courts prior to July 1, 1992.

Every liquor control licensee and class "B" beer permittee, except a class "E" liquor control licensee, shall furnish proof of financial responsibility by the existence of a liability insurance policy in an amount determined by the division.

Notwithstanding section 123.49, subsection 1, any person who is injured in person or property or means of support by an intoxicated person who is under legal age or resulting from the intoxication of a person who is under legal age, has a right of action for all damages actually sustained, severally or jointly, against a person who is not a licensee or permittee and who dispensed or gave any beer, wine, or intoxicating liquor to the intoxicated underage person when the nonlicensee or nonpermittee who dispensed or gave the beer, wine, or intoxicating liquor to the underage person knew or should have known the underage person was intoxicated, or who dispensed or gave beer, wine, or intoxicating liquor to the underage person to a point where the nonlicensee or nonpermittee knew or should have known that the underage person would become intoxicated. If the injury was caused by an intoxicated person who is under legal age, a person who is not a licensee or permittee and who dispensed or gave beer, wine, or intoxicating liquor to the underage person may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the underage person. For purposes of this paragraph, "dispensed" or "gave" means the act of physically presenting a receptacle containing beer, wine, or intoxicating liquor to the underage person whose actions or intoxication results in the sustaining of damages by another person. However, a person who dispenses or gives beer, wine, or intoxicating liquor to an underage person shall only be liable for any damages if the person knew or should have known that the underage person was under legal age.

[C73, §1557; C97, §2418; C24, 27, 31, 35, 39, § 2055; C46, 50, 54, 58, 62, §129.2; C66, 71, §123.95, 129.2; C73, 75, 77, 79, 81, §123.92] 85 Acts, ch 32, §57; 86 Acts, ch 1211, §12; 88 Acts, ch 1158, §30; 92 Acts, ch 1136, §1; 97 Acts, ch 126, §7