Iowa Code

Iowa Code § 123.43 (2026)

Class “A” native distilled spirits license — application and issuance — fees

✓ current as of July 2026

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1. A person applying for a class “A” native distilled spirits license shall submit an application electronically, or in a manner prescribed by the director, which shall set forth under oath the following: a. The name and place of residence of the applicant. b. The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business. c. The location of the premises where the applicant intends to operate. d. The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises. e. When required by the director, and in such form and containing such information as the director may require, a description of the premises where the applicant intends to use the license, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises. f. Whether any person specified in paragraph “b” has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory. g. Any other information as required by the director. 2. Except as otherwise provided in this chapter, the director shall issue a class “A” native distilled spirits license to any applicant who establishes all of the following: a. That the applicant has submitted a completed application as required by subsection 1. b. That the applicant is a person of good moral character as provided in section 123.3, subsection 40. This paragraph does not apply if the applicant is the state of Iowa or a state agency as defined in section 669.2. c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state. This paragraph does not apply if the applicant is the state of Iowa or a state agency as defined in section 669.2. d. That the applicant has filed with the department a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of alcoholic liquor. e. That the premises where the applicant intends to use the license conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building. f. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt. 3. A class “A” native distilled spirits license for a native distillery shall be issued and renewed annually upon payment of a fee of three hundred dollars. 4. A violation of the requirements of this chapter shall subject the licensee to the general\n\nTue Dec 09 22:28:05 2025 Iowa Code 2026, Chapter 123 (93, 2) §123.43, ALCOHOLIC BEVERAGE CONTROL 36\n\npenalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the license after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A. 5. For purposes of this section, “premises”, in addition to premises as defined in section 123.3, may include any of the following noncontiguous locations, provided that such noncontiguous locations are approved by the alcohol and tobacco tax and trade bureau of the United States department of the treasury: a. Any number of locations which are only separated from the premises as defined in section 123.3 by public waterways, roads, or carrier rights-of-way. b. Any number of locations in the same general location as the premises as defined in section 123.3. c. An additional warehouse or warehouses, located somewhere other than on the premises as defined in section 123.3 or a location described in paragraph “a” or “b”. 2017 Acts, ch 119, §44; 2018 Acts, ch 1060, §26; 2019 Acts, ch 113, §28; 2022 Acts, ch 1099, §10, 15; 2023 Acts, ch 19, §2411 – 2414; 2025 Acts, ch 31, §8, 9, 15 Referred to in §123.32, 123.43A Subsection 2, paragraphs b and c amended NEW subsection 5

Notes of Decisions

Cited in 13 cases, 1953–2000 · leading case: Lewis v. State, 256 N.W.2d 181 (Iowa 1977).

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Lewis v. State, 256 N.W.2d 181 (Iowa 1977). · cites it 13× “Count I was based upon sections 123.43 and 129.2, The Code, and alleged Stroman’s intoxicated condition at the time of the accident was the result of a negligent and wrongful sale of intoxicating liquor by the State through its liquor store employees to Stroman, a minor under…”

Clark v. Mincks, 364 N.W.2d 226 (Iowa 1985). · cites it 12× “We said: We therefore hold the sale or furnishing of intoxicating liquor in violation of section 123.”

Fuhrman v. Total Petroleum, Inc., 398 N.W.2d 807 (Iowa 1987). · cites it 8× “[1] We held that "the sale or furnishing of intoxicating liquor in violation of section 123.43 may well be the proximate cause of injuries sustained as a result of an intoxicated individual's tortious conduct and liability may thus be imposed upon the violators in favor of the…”

Snyder v. Davenport, 323 N.W.2d 225 (Iowa 1982). · cites it 6× “In Lewis the injured plaintiff sued a state liquor commission employee for selling liquor to a minor in violation of section 123.43, The Code 1966. We held that “the sale or furnishing of intoxicating liquor [to a minor] in violation of section 123.”

Slager v. HWA Corp., 435 N.W.2d 349 (Iowa 1989). · cites it 4× “2d 181, 191-92 (Iowa 1977) (holding, in a case in which negligence was based on the illegal sale of alcohol to a minor in violation of Iowa Code section 123.43 (now section 123.47), that proximate cause was an issue to be resolved by the finder of fact); Haafke v.”

Haafke v. Mitchell, 347 N.W.2d 381 (Iowa 1984). · cites it 4× “We concluded: In light of the [cited] authorities and the declared policy of chapter 123 it is our view section 123.43 [sale to minors] sets a minimum standard of care for conduct generally required of the reasonably prudent man under like circumstances for purposes of a common…”

Garofalo v. Lambda Chi Alpha Fraternity, 616 N.W.2d 647 (Iowa 2000). · cites it 4× “Lewis held that section 123.43predecessor to section 123.”

De More by De More v. Dieters, 334 N.W.2d 734 (Iowa 1983). · cites it 4× “Being unable to anticipate and analyze every law and ordinance that a minor person might be encouraged or somehow caused to violate, we cannot and do not here decide when civil liability may result from each alleged violation of Iowa Code section 233.”

Bauer v. Dann, 428 N.W.2d 658 (Iowa 1988). · cites it 4× “We also held, regarding proximate cause, that the sale or furnishing of intoxicating liquor in violation of section 123.43 [now section 123.47] may well be the proximate cause of injuries sustained as a result of an intoxicated individual's tortious conduct and liability may…”

Nutting v. Zieser, 482 N.W.2d 424 (Iowa 1992). · cites it 4× “The appeal in Lewis involved the state's liability, if any, under Iowa Code section 123.43 (1966), which was a criminal statute prohibiting the furnishing of intoxicating beverages to minors.”

City of Des Moines v. Reisman, 83 N.W.2d 197 (Iowa 1957). · cites it 6× “" Code section 123.43 in the Liquor Control Act, on the other hand, forbids (with certain exceptions) the selling, giving or otherwise supplying of liquor "to any such person under the age of twenty-one years " or knowingly permitting "any person under that age to consume…”

State v. Davis, 56 N.W.2d 881 (Iowa 1953). · cites it 6× “On January 10,1952, defendant, Gilbert Davis, was indicted by the grand jury of Wapello County, Iowa, and charged with the crime of giving and supplying liquor to a minor under the age of twenty-one years and in violation of section 123.43 .of the 1950 Code of Iowa.”

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