SF 456 (LSB 1712SV (5) 86)

CONCERNING THE SALE AND OFF-PREMISES TRANSPORTATION AND CONSUMPTION OF CERTAIN CONTAINERS OF BEER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.132, Code 2015, is amended to read as follows:
   123.132  Authority under class “C” permit.
   1.  The holder of a class “C” permit shall be allowed to sell beer to consumers at retail for consumption off the premises. The sales made pursuant to this section shall be made in original containers only except as provided in subsection 2.
   2.  Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:
   a.  The beer is transferred from the original container to the container to be sold on the licensed premises at the time of sale.
   b.  The person transferring the beer from the original container to the container to be sold shall be eighteen years of age or more.
   c.  The container to be sold shall be no larger than seventy-two ounces.
   d.  The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of beer has been tampered with or the sealed container has otherwise been reopened.
   3.  A container of beer other than the original container that is sold and sealed in compliance with the requirements of subsection 2 and the division’s rules shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with.
   4.  The holder of a class “C” permit or the permittee’s agents or employees shall not sell beer to other retail license or permit holders knowing or having reasonable cause to believe that the beer will be resold in another licensed establishment.

______________________________
PAM JOCHUM

President of the Senate

______________________________
KRAIG PAULSEN

Speaker of the House

   I hereby certify that this bill originated in the Senate and is known as Senate File 456, Eighty-sixth General Assembly.

______________________________
MICHAEL E. MARSHALL

Secretary of the Senate
Approved _______________, 2015

______________________________
TERRY E. BRANSTAD

Governor