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House File 433 - IntroducedA Bill ForAn Act 1relating to sales of mixed drinks or cocktails for
2consumption off the premises and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.49, subsection 2, paragraph d,
2subparagraph (4), subparagraph division (a), Code 2023, is
3amended to read as follows:
4(a) “Sealed container” means a vessel, including a
5substantial or sturdy plastic container and a vacuum or
6heat-sealed pouch, containing a mixed drink or cocktail
7that is designed to prevent consumption without removal of
8a tamper-evident lid, cap, or seal. “Sealed container” does
9not include a container with a sipping hole or other opening
10for a straw, unless the hole or other opening includes a
11tamper-evident seal, but a straw may be separately provided
12with a sealed container to the consumer for off-premises
13consumption a cup made of plastic that is intended for one-time
14use, or a cup made of paper or polystyrene foam.
15 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
16importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill concerns the sale of mixed drinks or cocktails
21mixed on premises covered by a class “C” retail alcohol license
22for consumption off the licensed premises.
23Current law allows a mixed drink or cocktail sold in a
24sealed container to not be considered an open container for
25purposes of restrictions on drivers and passengers possessing a
26receptacle containing an alcoholic beverage in a motor vehicle.
27The bill modifies the definition of sealed container by
28providing that a cup made of plastic intended for one-time use,
29a cup made of paper or foam, a cup with a hole that includes
30a tamper-evident seal, or a vacuum or heat-sealed pouch, is
31not considered a sealed container. The bill takes effect upon
32enactment.
-1-ec/rn
2consumption off the premises and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.49, subsection 2, paragraph d,
2subparagraph (4), subparagraph division (a), Code 2023, is
3amended to read as follows:
4(a) “Sealed container” means a vessel, including a
5substantial or sturdy plastic container and a vacuum or
6heat-sealed pouch, containing a mixed drink or cocktail
7that is designed to prevent consumption without removal of
8a tamper-evident lid, cap, or seal. “Sealed container” does
9not include a container with a sipping hole or other opening
10for a straw, unless the hole or other opening includes a
11tamper-evident seal, but a straw may be separately provided
12with a sealed container to the consumer for off-premises
13consumption a cup made of plastic that is intended for one-time
14use, or a cup made of paper or polystyrene foam.
15 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
16importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill concerns the sale of mixed drinks or cocktails
21mixed on premises covered by a class “C” retail alcohol license
22for consumption off the licensed premises.
23Current law allows a mixed drink or cocktail sold in a
24sealed container to not be considered an open container for
25purposes of restrictions on drivers and passengers possessing a
26receptacle containing an alcoholic beverage in a motor vehicle.
27The bill modifies the definition of sealed container by
28providing that a cup made of plastic intended for one-time use,
29a cup made of paper or foam, a cup with a hole that includes
30a tamper-evident seal, or a vacuum or heat-sealed pouch, is
31not considered a sealed container. The bill takes effect upon
32enactment.
-1-ec/rn