Frequently Asked Questions

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Retailers & Distributors
Question Answer
Are one-time use cups legal for you to give me?

No.  Manufacturers and wholesalers may sell – not give – one-time usage cups made of paper, paper laminate, or plastic.  Iowa law requires manufacturers and wholesalers to charge the retailer an amount equal to or greater than the cost of the one-time usage cups.   Iowa Code § 123.45.
 

Can I require a beer purchase to win something?

Usually, consideration + chance = gambling.  Thus, requiring the purchase of a beer to enter a drawing for a prize is most likely gambling.  Because answers to questions often differ based on circumstances, the Division recommends licensees and permittees contact the Iowa Division of Inspections and Appeals Gaming Unit at 515.281.6848 with gambling-related the questions.
 

Can you accept 2-party checks as payment for beer?

No.  Retailers must pay for beer purchases by business check, electronic funds transfers, prepaid accounts or cash.  Iowa Code §123.45.  A two-party check indicates the wholesaler is not the party purchasing the beer as required by statute.

 

Can you buy me a draft system or walk-in cooler?

No.  Manufacturers and wholesalers are prohibited from directly or indirectly supplying, furnishing, giving or paying for any equipment used in the storage, handling, serving or dispensing of alcoholic beverages and food.  Iowa Code § 123.45.

 

Can you co-op advertise with me?

Yes, as long as the payment is not offered as an inducement to exclude a competitor’s products.  Co-op advertising with one retailer obligates the manufacturer or wholesaler to pay for co-op advertising for all retail customers.  Iowa Code §§ 123.135 and 123.186; 27 C.F.R. §§ 6.21 and 6.52.
 

Can you give me a cooler that has no refrigeration and the retailer will supply the ice? The cooler will be used for all brands of alcohol, water and soda.

No.  Manufacturers and wholesalers are prohibited from directly or indirectly supplying, furnishing, giving or paying for any equipment used in the storage, handling, serving or dispensing of alcoholic beverages and food.  Iowa Code §123.45and 185 IAC 16.4
 

Can you give me beer dispensing equipment, coil boxes or draft truck with tapping equipment on the side?

No.  Manufacturers and wholesalers are prohibited from directly or indirectly supplying, furnishing, giving or paying for any equipment used in the storage, handling, serving or dispensing of alcoholic beverages and food.  Iowa Code § 123.45.
 

Can you give me beer for my anniversary, grand opening, birthday party, etc., etc. party?

Yes, but since Iowa law prohibits manufacturers and wholesalers from discriminating between retailers, the manufacturer or wholesaler is required to give a like amount of free beer to all retail customers.   Iowa Code §§ 123.135. 
 

Can you give me logoed buckets or pitchers?

No.  Manufacturers and wholesalers are prohibited from directly or indirectly supplying, furnishing, giving or paying for any equipment used in the storage, handling, serving or dispensing of alcoholic beverages and food.  Iowa Code § 123.45.
 

Can you give me logoed glassware?

No.  Manufacturers and wholesalers are prohibited from directly or indirectly supplying, furnishing, giving or paying for durable glassware for retail licensees and permittees.  Iowa Code § 123.45.

 

Can you give me t-shirts for my employees to wear?

Yes, manufacturers and wholesalers may give or sell t-shirts to retailer’s employees as point-of-sale items. The t-shirts must bear substantial advertising matter about the product or the manufacturer or wholesaler.  Providing t-shirts and other point-of sale items to one retailer obligates the wholesaler to provide t-shirts and other point-of-sale items to all retail customers if requested.  Iowa Code §§ 123.45, 123.135 and 123.186; 27 C.F.R, § 6.84.
 

Can you loan me a refrigerated truck for the weekend to store extra product in?

No.  Manufacturers and wholesalers are prohibited from directly or indirectly supplying, furnishing, giving or paying for any equipment used in the storage, handling, serving or dispensing of alcoholic beverages and food.  Iowa Code § 123.45.
 

Can you pick up and credit beer that we are discontinuing as a result of a reset?

No.  The return of overstocked and slow-moving beer and wine by wholesalers and manufacturers is prohibited by both federal and state law.  Iowa Code § 123.186 and 27 C.F.R. § 11.45.

 

Can you pick up and credit beer – it’s been damaged by a customer or it’s been damaged by store personnel?

No.  State and federal law prohibits the return product due to damage by customers or store personnel.  Iowa Code § 123.186; 27 C.F.R. § 11.45.
 

Can you pick up and credit this beer – it’s not selling?

No.  The return of overstocked and slow-moving beer and wine by wholesalers and manufacturers is prohibited by both federal and state law.  Iowa Code § 123.186 and 27 C.F.R. § 11.45.
 

Can you provide me outside banners with beer logos and beer specials on them?

No.  Iowa law prohibits advertising on the outside of licensed premises if the advertising contains a brand name or other matter readily identified with the brand.  Thus, a manufacturer or wholesaler may provide outside banners to retailers as long as the banners do not contain a brand name, logo or other advertising manner readily identified with a brand name.  Iowa Code § 123.51.
 

Can you provide single-serve glide racks for my store?

No.  Manufacturers and wholesalers are prohibited from directly or indirectly supplying, furnishing, giving or paying for any equipment used in the storage, handling, serving or dispensing of alcoholic beverages and food.  Iowa Code § 123.45.

Can you sell me a quantity buy on a package with a discount and if the product doesn’t sell in a specific time frame, can you buy that beer back at full cost?

No.  The return of overstocked and slow-moving beer by wholesalers and manufacturers is prohibited by both federal and state law. Iowa Code § 123.186; 27 C.F.R. § 11.45.
 

Can you sell me beer if you are holding a bad check from me?

No.  Holding a bad check is essentially an extension of credit and therefore additional sales are not permitted until the bad check has cleared your bank.  Iowa Code § 123.45.   

 

Can you sell me the 100 case buy and deliver half to each of my two stores?

No.  Transferring products between retail premises is prohibited.  Each premises is separately licensed, and required to operate as a separate business.  Iowa Code §§ 123.123, 123.132 and 123.140.    

Can you sponsor my band, softball team, race car, and concert?

Yes, as long as the sponsorships are not offered as an inducement to exclude a competitor’s product.  If the manufacturer or wholesaler sponsors an event for one retailer, the manufacturer or wholesaler is required to sponsor a like event for all other retail customers if asked to do so.  Iowa Code §§ 123.45, 123.135 and 186.

Can you supply me a couple of people to work as bartenders this weekend; we are going to be busy?

No.  Manufacturers and wholesalers, as well as their jobbers, representatives, brokers, employees, and agents are prohibited from directly or indirectly being interested in the conduct or operation of a retail licensee or permittee.   Iowa Code § 123.45.
 

Can you supply me with tents, tables and chairs for me to use at my outdoor event?

No.  An industry member is prohibited from giving, selling, renting, or lending equipment, furnishings or fixtures to a retailer for use by the retailer or in the retail establishment.  185 IAC 16.4,  27 CFR 6.21 and  Iowa Code §123.45
 

Can you tag our bar/bar promotion to your radio spots?

Yes, as long as the promotion is not offered as an inducement to exclude a competitor’s products. Tagging a bar promotion to the manufacturer’s or wholesaler’s radio spot obligates the manufacturer or wholesaler to provide the same service to all retail customers if requested.  Iowa Code §§ 123.135 and 123.186; 27 C.F.R. §§ 6.21 and 6.51 through 6.56.

Can you tag our community event to your radio spots?

Yes, as long as the radio spots are not offered as an inducement to exclude a competitor’s products.  The tagging of an event for one community obligates the manufacturer and wholesaler to tag an event to all other communities licensed under a liquor, wine or beer license or permit.  Iowa Code §§ 123.135 and 123.186; 27 C.F.R. §§ 6.21 and 6.51 through 6.56.
 

Can you take back this brand and exchange it with another? I have too much inventory this week of the brand I want exchanged. I’ll buy again next week.

No.  The return of overstocked and slow-moving beer by wholesalers and manufacturers is prohibited by both federal and state law.  Iowa Code § 123.186; 27 C.F.R. § 11.45.
 

Give me coupons (I don’t care what brand it is or if I handle) and I will promote whatever product you want at a lower price.

Manufacturers and wholesalers may offer coupons for redemption by consumers – not to retailers for redemption by retailers.   Iowa Code § 123.135 and 123.186; 27 C.F.R. § 6.96.
 

Give me picnic pumps and I will turn them in for credit and that will let me run your product at a hot price.

Manufacturers and wholesaler may sell – not give – picnic pumps to retailers.  Therefore, manufacturers and wholesalers cannot directly or indirectly give picnic pumps to retailers.  Doing so may result in a civil penalty or suspension for the manufacturer or wholesaler, as well as the retailer.  Iowa Code §§ 123.45 and 123.186.   

 

How come liquor and wine companies can do some of these things and you can’t?

The laws governing liquor, beer and wine are essentially the same.  The primary differences include:

  • Glassware – Liquor manufacturers and brokers may sell durable glassware to retailers, but wine and beer manufacturers and wholesalers are limited to selling one-time usage glassware to retailers.
  •  Credit – Retailers are required to pay for liquor and beer purchases on or before delivery, while wine wholesalers may extend credit for a period up to 30-days from delivery.


Iowa Code §§ 123.45, 123.135 and 123.181.

I will put your beer on tap if you give me free kegs, glasses, etc.

While retailers may try to negotiate benefits from wholesalers, the law prohibits the granting of some requests.  For example, manufacturers and wholesalers are prohibited by statute from selling or providing durable glassware to retailers.  If a beer manufacturer or wholesaler gives a keg of beer to one retail customer, the manufacturer or wholesaler is obligated to give a keg to all retail customers.   Iowa Code §§123.45, 123.135 and 123.186.
 

I’m going on vacation. Can you hold my check for 3 days until I can make a deposit?

No.  Holding a check for a period of time is considered an extension of credit.  Retailers are required to pay for beer on or before delivery.  Failure to pay for beer at the time of delivery is a violation which may result in a civil penalty or suspension for both the wholesaler and the retailer.  Iowa Code § 123.45. 
 

Licensing
Question Answer
Can 6 or 8 month seasonal license be renewed?

Only 12 month licenses can be renewed. Seasonal licenses, which are 5 and 14 day, 6 and 8 month licenses, must be re-applied for each year as a new license.

Can I transfer my license to another city?

Licenses may be transferred only within the boundaries of the approving local authority. If the license application approval was from a county board of supervisors, the license may be transferred only within the unincorporated are of the same county – not to an incorporated city within that county. If the license application was approved by a city council, the license may be transferred only within the same city – not to an unincorporated area of that county or to another incorporated city.

Does the Iowa Alcoholic Beverages Division regulate social gambling?

Social gambling in Iowa is overseen by the Department of Inspections and Appeals.The Department may be contacted at 515.281.6848.

If I cancel my license will I receive a refund?

License fees are refunded in whole quarters. The quarter begins on the effective date of your license.

What are the legal ages to serve and sell alcoholic beverages in Iowa?

A licensee's employees and agents must be at least:

  • 16 to sell liquor, wine, or beer in original unopened containers for off-premises consumption (grocery stores, convenience stores, liquor stores, etc.).
  • 18 to sell, serve and dispense liquor, wine, or beer for on-premises consumption (restaurants, bars, clubs, etc.).
  • 21 to deliver liquor, wine, or beer in original unopened containers to a home or other designated location for personal use (licensees and permittees authorized to sell liquor, wine, or beer for off-premises consumption).

Note: Age requirements apply to the licensee’s family members as well as non-family employees. If there is a local ordinance governing minors in licensed establishments, the ordinance applies.

Iowa Code sections §123.46A, §123.47, §123.49(2)(f), and185-4.25 Iowa Administrative Code

Tobacco - General
Question Answer
Do I have to have a tobacco permit to sell alternative nicotine/vapor products?

Yes. Chapter 453A of the Iowa code requires that any person offering cigarettes, tobacco products, vapor products or alternative nicotine products for sale to the consumer hold a valid tobacco permit. Only one permit is required for selling cigarettes only, tobacco products only, alternative nicotine products only, vapor products only or any combination of these products.

Is there a minimum age to purchase alternative nicotine/vapor products?

Yes. A person has to be at least 18 years old to purchase or attempt to purchase any tobacco, tobacco products, alternative nicotine products, vapor products or cigarettes.

What are alternative and nicotine vapor products?

Alternative Nicotine Product:

A product, not consisting of or containing tobacco, that provides for the ingestion into the body of nicotine, whether by chewing, absorbing, dissolving, inhaling, snorting, or sniffing, or by other means. Alternative nicotine products do not include cigarettes, tobacco products, or vapor products, or a product that is regulated as a drug or device by the United State food and drug administration under chapter V of the federal Food, Drug and Cosmetic Act.

Vapor Product:

Any non-combustible product which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States food and drug administration under chapter V of the federal Food, Drug and Cosmetic Act.

General
Question Answer
Does the Iowa Alcoholic Beverages Division regulate social gambling?

Social gambling in Iowa is overseen by the Department of Inspections and Appeals.The Department may be contacted at 515.281.6848.

How do I request a return?

File a return using our electronic form.

If I find a defective product after the three business days cutoff, can I still get credit?

Yes. TTB regulations allow returns after the cutoff if the product received is defective. Examples of qualifying defective products include broken seals, dented plastic, bottle missing in a case, defective label, no label, chipped neck, leaky bottles, etc. However, product may not be returned if damaged by store personnel. 

Products
Question Answer
How do I request a return?

File a return using our electronic form.

If I find a defective product after the three business days cutoff, can I still get credit?

Yes. TTB regulations allow returns after the cutoff if the product received is defective. Examples of qualifying defective products include broken seals, dented plastic, bottle missing in a case, defective label, no label, chipped neck, leaky bottles, etc. However, product may not be returned if damaged by store personnel. 

Tobacco - Law Enforcement
Question Answer
I accidentally made a data entry error. I cannot edit the form, how can I fix it?

Since the electronic compliance check report submitted acts as an invoice billing ABD for the compliance check, you are not able to alter the report once it is submitted. It is important that you alert ABD to this error immediately, as compliance/non-compliance notifications are generated from the reports your department submits, alerting local retailers how they did on the recent compliance check. Contact ABD using the contact information provided at the bottom of the page.

I do not see all of my retailers on my list. How can I add a retailer to my list? How can I delete a retailer from my list?

ABD does not always get the most current information from the local authorities (City Clerk/County Auditor). Contact ABD and let me know a retailer needs to be added or removed from your list. ABD will then contact the City Clerk/County Auditor to obtain a copy of the approved permit application for the new retailer or verify that a retailer no longer holds a valid permit. ABD will make the appropriate changes to the website.

I keep getting an error message that reads “javascript error….” What is wrong with my computer?

Check to see that you are using Internet Explorer as the I-PLEDGE Enforcement site is only compatible with Internet Explorer. If you do not have Internet Explorer, it can be downloaded at no cost by going to www.micrsoft.com. Once on the Microsoft homepage, scroll down to the bottom of the page and click on Internet Explorer under downloads.

I tried to log into the I-PLEDGE Enforcement site and the system told me that my credentials are invalid. What do I need to do?

This error usually occurs when a password is entered incorrectly. User IDs and passwords are case sensitive. Make sure you are entering your user ID and password correctly. If you continue to have a problem, contact ABD using the contact information provided at the bottom of the page.

What are alternative nicotine and vapor products?

Alternative Nicotine Product:

A product, not consisting of or containing tobacco, that provides for the ingestion into the body of nicotine, whether by chewing, absorbing, dissolving, inhaling, snorting, or sniffing, or by other means. Alternative nicotine products do not include cigarettes, tobacco products, or vapor products, or a product that is regulated as a drug or device by the United State food and drug administration under chapter V of the federal Food, Drug and Cosmetic Act.

Vapor Product:

Any non-combustible product which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States food and drug administration under chapter V of the federal Food, Drug and Cosmetic Act.


Based on advice from the Iowa Attorney General’s Office, the last line of the above definition eliminates cessation products from being included under the law. Therefore, the purchase of cessation products should not be attempted during tobacco, alternative nicotine and vapor product compliance checks. The three types of over the counter cessation products currently approved by the FDA are nicotine gum, transdermal patches, and nicotine lozenges.

Delivery
Question Answer
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Printed from the website on January 16, 2018 at 5:37am.