Iowa Code

Iowa Code § 123.5 (2026)

Alcoholic beverages commission created — appointment — removal — vacancies

✓ current as of July 2026

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1. An alcoholic beverages commission is created within the department. The commission is composed of five members, not more than three of whom shall belong to the same political party.

2. Members shall be appointed by the governor, subject to confirmation by the senate. Appointments shall be for five-year staggered terms beginning and ending as provided by section 69.19. A member may be reappointed for one additional term.

3. Members of the commission shall be chosen on the basis of managerial ability and experience as business executives. Not more than two members of the commission may be the holder of or have an interest in a permit or license to manufacture alcoholic liquor, wine, or beer or to sell alcoholic liquor, wine, or beer at wholesale or retail.

4. Any commission member shall be subject to removal for any of the causes and in the manner provided by chapter 66 relating to removal from office. Removal shall not be in lieu of any other punishment that may be prescribed by the laws of this state.

5. Any vacancy on the commission shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term. [C35, §1921-f6; C39, §1921.006; C46, 50, 54, 58, 62, 66, 71, §123.6; C73, 75, 77, 79, 81, §123.5] 86 Acts, ch 1245, §732; 2015 Acts, ch 30, §39; 2023 Acts, ch 19, §2356 Referred to in §123.13 Confirmation, see §2.32 \n

Notes of Decisions

Cited in 5 cases, 1955–2016 · leading case: Iowa Individual Health Benefit Reinsurance Ass'n v. State Univ. of Iowa, Iowa State Univ. of Sci. & Tech., & Univ. of N. Iowa, 876 N.W.2d 800 (Iowa 2016).

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Iowa Individual Health Benefit Reinsurance Ass'n v. State Univ. of Iowa, Iowa State Univ. of Sci. & Tech., & Univ. of N. Iowa, 876 N.W.2d 800 (Iowa 2016). · cites it 2× “See Iowa Code § 123.5 (1) (“An alcoholic beverages commission is created.”

Federated Mut. Implement & Hardware Ins. Co. v. Dunkelberger, 172 N.W.2d 137 (Iowa 1969). · cites it 2× “We note section 123.5(6) provides that for interpreting chapter 123 (including, of course, section 123.”

Sioux Assocs., Inc. v. Iowa Liquor Control Comm'n, 132 N.W.2d 421 (Iowa 1965). · cites it 4× “" Section 123.5 (19) of the Liquor Control Act defines "public place" as follows: "`Public place' includes any place, building or conveyance to which the public has or is permitted to have access and any place of public resort.”

State v. Perry, 69 N.W.2d 412 (Iowa 1955). · cites it 2× “” Defendant contends there was no evidence this club was a public place.”

State v. Pinckney, 276 N.W.2d 433 (Iowa 1979). “A council, created by § 123.5, is given the power and responsibility to enforce liquor control.”

— Iowa Code § 123.5(19) — 1 case

Sioux Assocs., Inc. v. Iowa Liquor Control Comm'n, 132 N.W.2d 421 (Iowa 1965). “" Section 123.5 (19) of the Liquor Control Act defines "public place" as follows: "`Public place' includes any place, building or conveyance to which the public has or is permitted to have access and any place of public resort.”

— Iowa Code § 123.5(6) — 1 case

Federated Mut. Implement & Hardware Ins. Co. v. Dunkelberger, 172 N.W.2d 137 (Iowa 1969). “We note section 123.5(6) provides that for interpreting chapter 123 (including, of course, section 123.”

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