ABCs of ABD

Topics of Discussion
lcohol Laws & Regulations
ills & Legislation ompliance through Education

lcohol Laws & Regulations
ABD Mission & Core Functions
Laws
Rules

A lcohol Laws & Regulations

Four Core Functions of ABD A lcohol Laws & Regulations regulation licensing To regulate the alcohol industry within the state. To license distributors, retailers and wholesalers Enforce Iowa Laws promote social responsibility To distribute spirits equitably at the wholesale level. education distribution

ills & Legislation
C-Store Sales
Home Delivery
Alcohol Retailer Compliance Training
Other Items

B ills & Legislation
C-Store Sales
Prior to this legislation, a business that sold gasoline was required to have a separate, enclosed room with its own cash register
This is still an option for current and new businesses
Cheaper fee structure

C-Store Sales

C-Store Sales
Each store must obtain its own license
Corporate office may fill out the application for all locations,
A single license will not cover multiple premises

C-Store Sales
By law, the ABD is required to make separate deliveries to each location
Cannot drop off multiple orders to a single business to be distributed from one store to another
Licensed portion of the building must have enough storage area for the entire weekly order or the products will be returned to the ABD

C-Store Sales
Regulations governing all liquor licensees, including penalties for noncompliance, are applicable
An employee must be at least 16 years old to handle, stock and accept payment for spirits
The legal hours of sale are
Monday through Saturday, 6:00 AM to 2:00 AM
Sundays from 8:00 AM to 2:00 AM

Home Delivery of Alcohol: Prior to Delivery
Must be licensed to sell unopened containers for off-premises consumption
May deliver only alcoholic beverages licensed to sell for off-premises consumption
Deliver to homes and “other designated location”
Area designated by purchaser. For example reception hall, etc
Alcohol must be for personal use. Cannot be for resale in anyway

Home Delivery of Alcohol: When Taking Order
Payment must be received on the licensed premises at the time of order
Can be in person or via credit card over the phone
Cannot pay on delivery
Licensee’s responsibility to ensure customer making the order is 21
Employee accepting the order at the licensed premises must be at least 16 years old

Home Delivery of Alcohol: When Taking Order
Deliveries can be made seven days a week, until 10:00 PM
Can start at 6:00 AM on Monday – Saturday
Can start at 8:00 AM on Sunday
Licensee must have the Sunday sales privilege to deliver on Sunday

Home Delivery of Alcohol: During Delivery
Delivery person must be 21
Deliveries must be made in a vehicle of the licensee
Not allowed to deliver in the employee’s vehicle
Customer accepting order must be 21
Must obtain proof of identity & age and customer signature
Customer must not be intoxicated or simulating intoxication
Delivery must be made by licensee’s employee
No 3rd party deliveries allowed.

Home Delivery of Alcohol: After Delivery
Must keep for a period of 3 years:
Signature of recipient
Quantity delivered
Recipient’s name
Recipient’s address
Licensee can develop own record-keeping form as long as it contains all required information
Sample signature form available at IowaABD.com

Home Delivery of Alcohol: Sample Record Keeping Form

Statewide alcohol compliance employee training program
Similar to the Iowa Pledge Online Certification Program for tobacco retailers
Inform employees about state and federal laws regarding the sale of alcoholic beverages. Focus on:
properly checking identification to prevent underage sales
how to refuse a sale
spotting signs of intoxication
Students must pass a final test to receive a certificate of completion

Affirmative defense incentive
May be used once in a four-year period
Business may avoid civil prosecution
May not be used if a sale is made to a minor under the age of eighteen
Employee who made the violation must have been certified through the training program at the time the offense occurred
Business may avoid a civil penalty, but employee will still be subject to a fine

Legislature has appropriated funding
ABD is developing content
Must make Request for Proposal
Give respondents time to develop & submit proposal
Bid awarded
Building of program
Testing
Implementation

Other Legislation
Modified the definition of high alcohol content beer
Prohibits the addition of caffeine and other stimulants
Effectively bans high-proof alcoholic energy drinks in Iowa
Removed obsolete provisions
Consolidated definitions into one section
Iowa Alcoholic Beverages Commission was changed to allow up to two alcohol industry members
Commission has more flexibility in scheduling meetings
Provisions affecting Native Wineries and Micro-Distilleries

ompliance through Education
Education & Outreach
Compliance Program
I-ALERT
Resources

C ompliance Through Education
Developing education and outreach strategy
Compliance program
Goals of the program
Achieve compliance with all laws and regulations through education
Decrease sanctions
Educational resources available to licensees

I Alert E-Policy Tool: IALERT.iowa.gov C ompliance Through Education

C ompliance Through Education ABD Education

C ompliance Through Education ABD Publications

C onclusion
Visit IowaABD.com for news, events & tools
Contact ABD staff with any questions or concerns
ABD strives to create an environment of success for its licensees

Q uestions ?

Contact Information
Karen Freund – Regulatory Compliance, Licensing
515/281-7414
[email_address]
Shannon Pogones – Education & Outreach
515/281-3426
[email_address]
Doug Webb – Industry Relations
515/281.7444
[email_address]

Thank You!

ABCs of ABD

by Iowa Alcoholic Beverages Division on Jul 27, 2011

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ABCs of ABD — Presentation Transcript