ARC 8731C

ALCOHOLIC BEVERAGES DIVISION[185]

Notice of Intended Action

The Department of Revenue hereby proposes to rescind Chapter 4, “Retail Alcohol Licenses—Beer Permits—Wine Permits,” Chapter 5, “License and Permit Division,” Chapter 8, “Transportation and Warehouse,” Chapter 9, “Personal Importation of Alcoholic Liquor, Wine, and Beer,” and Chapter 16, “Trade Practices,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 123.10, 123.49, and 123.186.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 17A.18, 123.3, 123.4, 123.10, 123.22, 123.24, 123.30 through 123.31B, 123.33, 123.35, 123.38, 123.39, 123.45, 123.49, 123.50, 123.59, 123.92 through 123.94, 123.122, 123.127, 123.171, 123.175, 123.176, 123.183, and 123.186.

Purpose and Summary

Chapters 4, 5, 8, 9, and 16 are all designed for alcohol license, permit, and certificate of compliance holders to better understand requirements they must follow pertaining to their license or permit type. As part of the government reorganization pursuant to 2023 Iowa Acts, Senate File 514, the Department proposes to rescind the existing chapters under agency [185] and adopt them as new 701—Chapters 1000 through 1003 in separate proposed rulemakings herein (IAB 2/5/25).

Regulatory Analysis

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Alcoholic Beverages Division for a waiver of the discretionary provisions, if any, pursuant to 185—Chapter 19.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on February 25, 2025. Comments should be directed to:

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed: