This chapter shall be cited as the “Iowa Alcoholic Beverage Control Act”, and shall be
deemed an exercise of the police power of the state, for the protection of the welfare, health,
peace, morals, and safety of the people of the state, and all its provisions shall be liberally
construed for the accomplishment of that purpose. It is declared to be public policy that the
traffic in alcoholic liquors is so affected with a public interest that it should be regulated to
the extent of prohibiting all traffic in them, except as provided in this chapter.
[C35, §1921-f1; C39, §1921.001; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §123.1]
85 Acts, ch 32, §3; 86 Acts, ch 1122, §1
\n
Notes of Decisions
Cited in
34
cases (
4 in the last 5 years), 1969–2026 · leading case:
Slager v. HWA Corp., 435 N.W.2d 349 (Iowa 1989).
Slager v. HWA Corp., 435 N.W.2d 349 (Iowa 1989).
· cites it 12× “See Iowa Code § 123.1 . Rather than encouraging compliance with chapter 123, such an interpretation would discourage it.”
Haafke v. Mitchell, 347 N.W.2d 381 (Iowa 1984).
· cites it 12× “" Iowa Code § 123.1 . We concluded: In light of the [cited] authorities and the declared policy of chapter 123 it is our view section 123.”
Eddy v. Casey's Gen. Store, Inc., 485 N.W.2d 633 (Iowa 1992).
· cites it 18× “Iowa Code § 123.1 . All it requires of a liquor vendor is that he use due care in the furnishing of alcohol.”
Kelly v. Sinclair Oil Corp., 476 N.W.2d 341 (Iowa 1991).
· cites it 8× “We conclude that it does for two related reasons. First is the fact that, where alcohol is served for on-premises consumption, it is consumed in the permittee's or licensee's facilities where the permittee or licensee owner or employees have the opportunity to observe their…”
State v. Booth, 670 N.W.2d 209 (Iowa 2003).
· cites it 8× “" Iowa Code § 123.1 . This statement of legislative intent is consistent with the conclusions of "several jurisdictions" that, statutes proscribing public intoxication serve two general purposes.”
De More by De More v. Dieters, 334 N.W.2d 734 (Iowa 1983).
· cites it 4× “Iowa Code § 123.1 (1981). “Traffic”, however, is another word that connotes affirmative action — commerce, trade, or “the pass- *738 ing of goods or commodities from one person to another for an equivalent in goods or money.”
Iowa Grocery Indus. Ass'n v. City of Des Moines, 712 N.W.2d 675 (Iowa 2006).
· cites it 4× “Iowa Code § 123.1 (emphasis added). A subsequent section defining the term “local authority” also supports the conclusion that, subject to a handful of exceptions, the general assembly reserved in itself the power to regulate Iowa’s alcoholic beverage industry.”
State of Iowa v. Walter Scott Sutton, 853 N.W.2d 284 (Iowa Ct. App. 2014).
· cites it 3× “” See Iowa Code § 123.1 . This chapter does not define intoxication, but it only deals with regulating alcoholic beverages.”
Bauer v. Dann, 428 N.W.2d 658 (Iowa 1988).
· cites it 4× “" Iowa Code § 123.1 . Similarly, recognition of a common-law cause of action, as we have here, will have the therapeutic effect of discouraging violations of that statute.”
Bankord v. DeRock, 423 F. Supp. 602 (N.D. Iowa 1976).
· cites it 4× “See Iowa Code § 123.1 (1975). It is the defendant’s contention that since the Act exists in derogation of the common law, it should be strictly construed to permit only statewide application.”
Berge v. Harris, 170 N.W.2d 621 (Iowa 1969).
· cites it 4× “Actually, as evidenced by the provisions of both our dram shop acts, their purpose is to make those who excessively supply intoxicants to another, liable for any resulting damage.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.