Iowa Admin. Code r. 185-9.2 - Personal importation in excess of the amounts provided-waiver
The administrator may provide for the issuance of a waiver for an individual of legal age desiring to import alcoholic liquor, wine, or beer in excess of the amounts provided in Iowa Code section 123.22, 123.171, or 123.122. The decision on whether the circumstances justify the issuance of a waiver shall be made at the discretion of the administrator upon consideration of all the relevant factors.
(1)
Criteria. The division may, in response to a completed
request, issue a waiver, as applied to the circumstances of a specific
situation if the division finds each of the following:
a. The requester is an individual of legal
age;
b. The requester is an
individual who was domiciled outside the state within one year of the
request;
c. The alcoholic liquor,
wine, or beer imported pursuant to the waiver shall be only for personal
consumption in a private home or other private accommodation and only if it is
not sold, exchanged, bartered, dispensed, or given in consideration of purchase
for any property or services or in evasion of the requirements of Iowa Code
chapter 123; and
d. The alcoholic
liquor, wine, or beer imported pursuant to the waiver shall be in unopened
original containers.
(2)
Domicile. Domicile, for the purposes of establishing when an
individual is "domiciled outside the state," shall be determined in accordance
with rule 701-38.17 (422).
(3)
Request. All requests
for a waiver to import alcoholic liquor, wine, or beer in excess of the amount
provided in Iowa Code section
123.22,
123.171,
or
123.122
shall be submitted in writing by completing a request for import authorization
form and returning it to the division, as instructed.
(4)
Content of form. A
request for import authorization form shall be prescribed by the division and
shall include the following information: the name, date of birth, and personal
contact information of the requester; full residential history of the requester
for the past three years without gaps; a statement of reasons that the
requester believes will justify import authorization; the destination address
for the imported alcoholic beverages; the name, date of birth, and personal
contact information of the recipient of the alcoholic beverages, if different
from that of the requester; a detailed inventory of the alcoholic beverages for
which the requester seeks import authorization; and any other information the
administrator may require.
(5)
Burden of persuasion. When a request is filed for a waiver
pursuant to this rule, the burden of persuasion shall be on the requester to
demonstrate by clear and convincing evidence that the division should exercise
its discretion in the granting of the waiver.
(6)
Notice. The division
shall acknowledge a request for a waiver upon receipt of a completed request
for import authorization form.
(7)
Additional information. Prior to granting or denying a request
for a waiver, the division may request additional information from the
requester relative to the request and surrounding circumstances.
(8)
Investigation. The
division may conduct an investigation as the administrator deems necessary to
determine that the requester meets the criteria in subrule 9.2(1) or to verify
the accuracy of the information provided by the requester.
(9)
Ruling. A letter
granting or denying a request for a waiver to import alcoholic liquor, wine, or
beer in excess of the amount provided in Iowa Code section
123.22,
123.171,
or
123.122
shall be in writing and shall contain a description of the precise scope and
duration of the waiver if one is issued.
(10)
Duration of waiver. A
waiver issued pursuant to this rule shall allow only for the importation of the
inventory of alcoholic beverages detailed on the request for import
authorization form. If a waiver is granted, there is no automatic right to
renewal.
(11)
Public
availability. The division shall maintain a record of all waivers
granted or denied under this rule. All rulings in response to requests for
waivers shall be indexed and available to members of the public at the
Alcoholic Beverages Division, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021.
Waivers containing information that the division is authorized or required to
keep confidential shall be edited prior to public inspection.
(12)
Cancellation. A waiver
issued by the division pursuant to this rule may be withdrawn, canceled, or
modified if, after appropriate notice, the division finds any of the following:
a. The requester of the waiver withheld or
misrepresented material facts relevant to the propriety or desirability of the
waiver; or
b. The recipient of the
waiver has failed to comply with any of the conditions contained in the
waiver.
(13)
Violations. Violation of a condition in a waiver is equivalent
to a violation of Iowa Code section
123.10,
123.22,
123.171,
or
123.122,
as applicable. The recipient of a waiver under this rule who violates a
condition of the waiver may be subject to the same remedies or penalties as a
person who violates the applicable Iowa Code section.
(14)
Defense. After the
division grants a waiver under this rule, the waiver is a defense within its
terms and the specific facts indicated therein for the recipient of the waiver
in any proceedings in which the waiver in question is sought to be
invoked.
(15)
Appeals. Granting or denying a request for a waiver is final
agency action under Iowa Code chapter 17A.
Notes
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