Iowa Code

Iowa Code § 123.28 (2026)

Restrictions on transportation

✓ current as of July 2026

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1. It is lawful to transport, carry, or convey alcoholic liquors from the place of purchase by the department to a state warehouse or depot established by the department or from one such place to another and, when so permitted by this chapter, it is lawful for the department, a common carrier, or other person to transport, carry, or convey alcoholic liquor sold from a state warehouse, depot, or point of purchase by the state to any place to which the liquor may be lawfully delivered under this chapter.

2. The department shall deliver alcoholic liquor purchased by class “E” retail alcohol licensees. Class “E” retail alcohol licensees may deliver alcoholic liquor purchased by class “C”, class “D”, or class “F” retail alcohol licensees, and class “C”, class “D”, or class “F” retail alcohol licensees may transport alcoholic liquor purchased from class “E” retail alcohol licensees.

3. A common carrier or other person shall not break or open or allow to be broken or \n Tue Dec 09 22:28:05 2025 Iowa Code 2026, Chapter 123 (93, 2) §123.28, ALCOHOLIC BEVERAGE CONTROL 18\n\nopened a container or package containing alcoholic liquor or use or drink or allow to be used or drunk any alcoholic liquor while it is being transported or conveyed.

4. This section does not prohibit a private person from transporting individual bottles or containers of alcoholic liquor exempted pursuant to section 123.22 and individual bottles or containers bearing the identifying mark prescribed in section 123.26 which have been opened previous to the commencement of the transportation.

5. This section does not affect the right of a retail alcohol license holder to purchase, possess, or transport alcoholic liquors subject to this chapter. [C35, §1921-f26; C39, §1921.026; C46, 50, 54, 58, 62, 66, 71, §123.26; C73, 75, 77, 79, 81, §123.28; 81 Acts, ch 6, §12] 84 Acts, ch 1275, §1; 85 Acts, ch 196, §1; 86 Acts, ch 1020, §1; 86 Acts, ch 1246, §738; 87 Acts, ch 170, §1; 95 Acts, ch 48, §1; 2017 Acts, ch 119, §4; 2018 Acts, ch 1060, §11; 2019 Acts, ch 113, §10; 2022 Acts, ch 1099, §27, 88; 2023 Acts, ch 19, §2378 Open containers in motor vehicles, see §321.284 \n

Notes of Decisions

Cited in 3 cases, 1987–1991 · leading case: State v. Dykes, 471 N.W.2d 846 (Iowa 1991).

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State v. Dykes, 471 N.W.2d 846 (Iowa 1991). · cites it 2× “See Iowa Code § 123.28 . That statute prohibits a driver from having an open container of an alcoholic beverage in a vehicle while on a public street or highway.”

State v. Rosenstiel, 473 N.W.2d 59 (Iowa 1991). “The record made at the suppression hearing reveals that Officer Briggs’ observation triggered his suspicion of two possible crimes in progress: (1) violation of the open container law, Iowa Code § 123.28 and (2) operating while intoxicated, Iowa Code § 321J.”

State v. Iowa Dist. Court, 410 N.W.2d 684 (Iowa 1987). “See Iowa Code § 123.28 (1985). Sections 2, 3, and 5 address the Sunday sale of alcohol and beer.”

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