1. A person shall not allow the dispensing or consumption of alcoholic liquor, except wines and beer, in any establishment unless the establishment is licensed under this chapter or except as otherwise provided in this section.
2. a. The holder of an annual class “C” retail alcohol license may act as the agent of a private social host for the purpose of providing and serving alcoholic beverages as part of a food catering service for a private social gathering in a private place, provided the licensee has applied for and been granted a catering privilege by the department. The holder of an annual special class “C” retail alcohol license shall not act as the agent of a private social host for the purpose of providing and serving wine and beer as part of a food catering service for a private social gathering in a private place. An applicant for a class “C” retail alcohol license shall state on the application for the license that the licensee intends to engage in catering food and alcoholic beverages for private social gatherings and the catering privilege shall be noted on the license.
b. The private social host or the licensee shall not solicit payment of any kind, including donations, for the food or alcoholic beverages from the guests, and the alcoholic beverages and food shall be served without cost to the guests.
c. Section 123.92 does not apply to a retail alcohol licensee who acts in accordance with this section when the retail alcohol licensee is providing and serving food and alcoholic beverages as an agent of a private social host at a private social gathering in a private place which is not on the licensed premises.
d. A licensee who engages in catering food and alcoholic beverages for private social gatherings shall maintain a record on the licensed premises which includes the name and address of the host of the private social gathering, and the date for which catering was provided. The record maintained pursuant to this section shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee.
3. However, bona fide conventions or meetings may bring their own legal liquor onto the licensed premises if the liquor is served to delegates or guests without cost. All other provisions of this chapter shall be applicable to such premises. The provisions of this section shall have no application to private social gatherings of friends or relatives in a private home or private place which is not of a commercial nature nor where goods or services may be purchased or sold nor any charge or rent or other thing of value is exchanged for the use of such premises for any purpose other than for sleeping quarters. [C66, 71, §123.96; C73, 75, 77, 79, 81, §123.95] 85 Acts, ch 32, §58; 93 Acts, ch 91, §20; 2019 Acts, ch 113, §36; 2022 Acts, ch 1099, §55, 88; 2023 Acts, ch 19, §2429 Referred to in §7D.16, 123.49\n\n 123.96 Reserved.\n\nTue Dec 09 22:28:06 2025 Iowa Code 2026, Chapter 123 (93, 2) §123.97, ALCOHOLIC BEVERAGE CONTROL 58\n\n 123.97 Covered into general fund. Repealed by 2022 Acts, ch 1099, §87, 88. \n
Notes of Decisions
Wendelin v. Russell, 147 N.W.2d 188 (Iowa 1966).
· cites it 33× “We shall here deal with Division I as plaintiff-administrator’s cause of action. The first question presented is whether an estate representative of a person killed by reason of intoxication of another has a cause of action under the Dramshop Act, section 123.”
Haafke v. Mitchell, 347 N.W.2d 381 (Iowa 1984).
· cites it 18× “The General Assembly revised title VI and in the process repealed the broad form and retained the narrow form, which is section 123.”
Pose v. Roosevelt Hotel Comapny, 208 N.W.2d 19 (Iowa 1973).
· cites it 34× “This is an appeal by plaintiffs from a judgment entered against them following an adverse jury verdict in a law action instituted to recover damages under the provisions of the Iowa Dramshop Act, section 123.95, The Code, 1966. This litigation is a consequence of an automobile…”
Federated Mut. Implement & Hardware Ins. Co. v. Dunkelberger, 172 N.W.2d 137 (Iowa 1969).
· cites it 18× “” The later statute, section 123.95, which does not repeal the former one, provides: “Every husband, wife, child, parent, guardian, employer or other person who shall be injured in person or property or means of support by any intoxicated person or resulting from the…”
Nelson v. Restaurants of Iowa, Inc., 338 N.W.2d 881 (Iowa 1983).
· cites it 11× “Section 24 of that bill provided in pertinent part: Every husband, wife, child, parent, guardian, employer or other person who shall be injured in person or property or means of support by any intoxicated person or resulting from the intoxication of any such person, shall have a…”
Cochran v. Lovelace, 209 N.W.2d 130 (Iowa 1973).
· cites it 38× “95 provides: "Every husband, wife, child, parent, guardian, employer or other person who *132 shall be injured in person or property or means of support by any intoxicated person or resulting from the intoxication of any such person, shall have a right of action, severally or…”
Baker v. Beal, 225 N.W.2d 106 (Iowa 1975).
· cites it 8× “” This action, grounded on the “new” dram shop statute, § 123.95, The Code, 1966, prayed for $35,000 in damages for plaintiff’s loss of means of support.”
Slager v. HWA Corp., 435 N.W.2d 349 (Iowa 1989).
· cites it 4× “2d 188, 194 (1966) (joint and several liability first appeared in section 123.95, now section 123.92) ("[Dram shop statute] specifically provides the defendants may be jointly and severally liable, which provision is absent in the old law.”
Evans v. Kennedy, 162 N.W.2d 182 (Iowa 1968).
· cites it 18× “In its ruling upon the motion to strike the trial court gave as its reason “that Section 123.95 of the 1966 Code of Iowa, generally known as ‘The Dram Shop Act’, was not enacted for the benefit of one who voluntarily becomes intoxicated and then injures or kills himself while…”
Clark v. Mincks, 364 N.W.2d 226 (Iowa 1985).
· cites it 4× “(In Williams we held that the enactment of the 1963 statute Iowa Code section 123.95), which treated only the liability of licensees and permittees, did not repeal or abrogate the broader "any person" liability previously created by section 129.”
Berge v. Harris, 170 N.W.2d 621 (Iowa 1969).
· cites it 4× “Furthermore, I again submit sections 123.95 and 129.2, Code of Iowa, 1966, commonly referred to as dram shop acts, were enacted for the socially beneficial purpose of deterring the sale or gift of intoxicants to any person to the point such individual becomes intoxicated.”
Williams v. Klemesrud, 197 N.W.2d 614 (Iowa 1972).
· cites it 2× “2, imposing liability on “any person,” conflicts with § 123.95 (which imposes liability only on liquor licensees and permittees) and is therefore superseded.”
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