Minors & Alcoholic Beverages

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  • A person must be at least 21 years of age to consume alcoholic beverages in the state of Iowa.
  • Licensees, including their employees and agents, must have proof that a person is of legal-drinking age before selling or serving an alcoholic beverage.
  • Liquor, wine or beer may be given to a person under legal age for medicinal or educational purposes in a private home by a parent or legal guardian who is present.

Iowa Code sections §123.47, 123.47(2) and §123.49(2)(h)

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Age to be in Licensed Establishments

  • Iowa law does not prohibit minors from being in licensed establishments.
  • Some local authorities may have ordinances prohibiting minors from being in licensed establishments.
  • If the local authority has such an ordinance, the ordinance applies.

Iowa Code section §123.39(2), and Iowa Administrative Code 185-4.35

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Criminal Penalties for Sales-to-Minors Violations

It is against the law for any licensee, including their employees and agents, to sell, give, or provide alcoholic beverages to individuals below the legal drinking age . Violating this regulation is a simple misdemeanor, with the following fines:

  • $1,925 when committed by the licensee
  • $645 when committed by an employee or agent

Iowa Code section §123.50(1)

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Criminal Penalties for Minors

When the violation is committed by a minor under age 18, the matter is handled by the juvenile court.

Courts may impose penalties for a minor (18 to 20 years of age) for:

  • Purchasing, or attempting to purchase an alcoholic beverage
  • Controlling, or possessing an alcoholic beverage.

The penalty varies by the number of violations that have occurred.

  • First violation - simple misdemeanor punishable by a $100 fine.
  • Second violation - simple misdemeanor punishable by a fine of $500. Additionally, the person in violation shall choose between:
    • Completing a substance abuse evaluation, or
    • The suspension of the person's motor vehicle operating privileges for a period not to exceed one year.
  • Third and subsequent violations are simple misdemeanor punishable by:
    • A fine of $500
    • Suspension of the person's motor vehicle operating privileges for a period not to exceed one year.

Iowa Code section §123.47

Administrative sanctions are separate from criminal penalties. Both may be imposed. When licensees, their employees, or agents supply liquor, wine or beer to someone under the legal-drinking age, the following administrative sanctions may be imposed against the alcoholic beverages license.

  • First violation or first violation within two years - $500 civil penalty or 14-day license suspension.
  • Second violation in two years - 30-day license suspension and $1,500 civil penalty.
  • Third violation in three years - 60-day license suspension and $1,500 civil penalty.
  • Fourth violation in three years - revocation of the license.

Administrative sanctions are automatic when there is a criminal conviction under Iowa Code section §123.49(2)(h). This means there is no administrative hearing held. When there is no criminal conviction, administrative sanctions are imposed through an administrative hearing.

Iowa Code sections §123.39(1)(c), §123.49(2)(h) and §123.50(3)
 

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