ABCs of ABD

Topics of Discussion

lcohol Laws & Regulations

ills & Legislation

ompliance through Education

lcohol Laws & Regulations

• ABD Mission & Core Functions• Laws• Rules

Alcohol Laws & Regulations

Alcohol Laws & Regulations

Four Core Functions of ABD regulation licensing

To regulate the alcohol industry within the state.

To license distributors, retailers and wholesalers

Enforce Iowa Laws promote social responsibility

To distribute spirits equitably at the wholesale level.

education distribution

Alcohol Laws & Regulations

Alcohol Laws & Regulations

Alcohol Laws & Regulations

ills & Legislation

• C-Store Sales• Home Delivery• Alcohol Retailer Compliance Training• Other Items

Bills & LegislationC-Store Sales• Prior to this legislation, a business that sold

gasoline was required to have a separate, enclosed room with its own cash register

• This is still an option for current and new businesses– Cheaper fee structure

Bills & LegislationC-Store Sales

Bills & LegislationC-Store Sales• Each store must obtain its own license• Corporate office may fill out the application

for all locations, • A single license will not cover multiple

premises

Bills & LegislationC-Store Sales• By law, the ABD is required to make separate

deliveries to each location• Cannot drop off multiple orders to a single

business to be distributed from one store to another

• Licensed portion of the building must have enough storage area for the entire weekly order or the products will be returned to the ABD

Bills & LegislationC-Store Sales• Regulations governing all liquor licensees,

including penalties for noncompliance, are applicable

• An employee must be at least 16 years old to handle, stock and accept payment for spirits

• The legal hours of sale are – Monday through Saturday, 6:00 AM to 2:00 AM– Sundays from 8:00 AM to 2:00 AM

Bills & LegislationHome Delivery of Alcohol: Prior to Delivery• Must be licensed to sell unopened containers for off-

premises consumption• May deliver only alcoholic beverages licensed to sell

for off-premises consumption• Deliver to homes and “other designated location” • Area designated by purchaser. For example

reception hall, etc• Alcohol must be for personal use. Cannot be for

resale in anyway

Bills & LegislationHome Delivery of Alcohol: When Taking Order• Payment must be received on the licensed premises

at the time of order• Can be in person or via credit card over the phone• Cannot pay on delivery• Licensee’s responsibility to ensure customer making

the order is 21• Employee accepting the order at the licensed

premises must be at least 16 years old

Bills & LegislationHome Delivery of Alcohol: When Taking Order• Deliveries can be made seven days a week,

until 10:00 PM• Can start at 6:00 AM on Monday – Saturday• Can start at 8:00 AM on Sunday– Licensee must have the Sunday sales privilege

to deliver on Sunday

Bills & LegislationHome Delivery of Alcohol: During Delivery• Delivery person must be 21• Deliveries must be made in a vehicle of the licensee– Not allowed to deliver in the employee’s vehicle

• Customer accepting order must be 21• Must obtain proof of identity & age and customer

signature• Customer must not be intoxicated or simulating

intoxication• Delivery must be made by licensee’s employee– No 3rd party deliveries allowed.

Bills & LegislationHome Delivery of Alcohol: After Delivery• Must keep for a period of 3 years:– Signature of recipient– Quantity delivered– Recipient’s name– Recipient’s address

• Licensee can develop own record-keeping form as long as it contains all required information

• Sample signature form available at IowaABD.com

Bills & LegislationHome Delivery of Alcohol: Sample Record Keeping Form

Bills & LegislationAlcohol Retailer Compliance Training• Statewide alcohol compliance employee training

program • Similar to the Iowa Pledge Online Certification Program

for tobacco retailers • Inform employees about state and federal laws

regarding the sale of alcoholic beverages. Focus on:– properly checking identification to prevent underage sales– how to refuse a sale– spotting signs of intoxication

• Students must pass a final test to receive a certificate of completion

Bills & LegislationAlcohol Retailer Compliance Training• Affirmative defense incentive• May be used once in a four-year period • Business may avoid civil prosecution • May not be used if a sale is made to a minor under the

age of eighteen • Employee who made the violation must have been

certified through the training program at the time the offense occurred

• Business may avoid a civil penalty, but employee will still be subject to a fine

Alcohol Laws & Regulations

Bills & LegislationAlcohol Retailer Compliance Training• Legislature has appropriated funding• ABD is developing content• Must make Request for Proposal– Give respondents time to develop & submit proposal

• Bid awarded• Building of program• Testing• Implementation

Bills & LegislationOther Legislation• Modified the definition of high alcohol content beer – Prohibits the addition of caffeine and other stimulants – Effectively bans high-proof alcoholic energy drinks in Iowa

• Removed obsolete provisions • Consolidated definitions into one section• Iowa Alcoholic Beverages Commission was changed to

allow up to two alcohol industry members • Commission has more flexibility in scheduling meetings• Provisions affecting Native Wineries and

Micro-Distilleries

ompliance through Education

• Education & Outreach• Compliance Program• I-ALERT• Resources

• Developing education and outreach strategy• Compliance program • Goals of the program• Achieve compliance with all laws and

regulations through education • Decrease sanctions

• Educational resources available to licensees

Compliance Through Education

Compliance Through Education

I Alert E-Policy Tool: IALERT.iowa.gov

Compliance Through Education

ABD Education

Compliance Through Education

ABD Publications

• Visit IowaABD.com for news, events & tools• Contact ABD staff with any questions or

concerns• ABD strives to create an environment of

success for its licensees

Conclusion

Questions?

Contact Information

• Karen Freund – Regulatory Compliance, Licensing515/281-7414Freund@IowaABD.com

• Shannon Pogones – Education & Outreach515/281-3426Pogones@IowaABD.com

• Doug Webb – Industry Relations515/281.7444Webb@IowaABD.com

Thank You!