Walnut Brewery, Inc. v. Iowa Department of Commerce-Alcoholic Beverages Division

This case presents the question whether the Iowa Alcoholic Beverages Division’s (ABD) legal interpretations of Iowa Code sections 123.49(2)(h) and 123.49(3) should be sustained. The ABD interpreted those statutes as requiring the individual who delivers an alcoholic beverage to a customer to ascertain personally that the customer is of legal age, regardless of any efforts previously made by the person who took the order from that customer. As stated by the ABD, “[E]ach individual server is responsible under Iowa law to ascertain a person’s age before serving or providing an alcoholic beverage…