SENATE FILE 2089

BY  BOLKCOM, DVORSKY, and BERTRAND

A BILL FOR

An Act concerning the authority of a liquor control licensee to keep certain mixed drinks or cocktails on the licensed premises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.49, subsection 2, paragraphs d and e, Code Supplement 2011, are amended to read as follows:
   d.  Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division, and except mixed drinks or cocktails mixed on the premises for immediate consumption
 
on the licensed premises. This prohibition does not apply to common carriers holding a class “D” liquor control license.
   e.  Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been so reused or adulterated.
 
This paragraph “e” shall not apply to mixed drinks or cocktails mixed on the premises for consumption on the licensed premises as authorized under paragraph “d”.
EXPLANATION
   This bill concerns the authority of a liquor control licensee to keep any alcoholic liquor in any container except the original package purchased from the alcoholic beverages division of the department of commerce. Under current law, a liquor control licensee can only permit mixed drinks or cocktails mixed on the premises if they are for immediate consumption. The bill allows drinks or cocktails to be mixed on the premises and kept in a separate container or in the original container of alcohol or wine so long as the mixed drink or cocktail is consumed on the licensed premises.