185—4.10(123) Filling and selling of mixed drinks or cocktails in a container other than the original container. Class “C” and class “C” native distilled spirits liquor control licensees and the licensee’s employees may fill and sell mixed drinks or cocktails in a container other than the original container subject to the requirements and restrictions provided in 2020 Iowa Acts, House File 2540, sections 10, 11, 12, and 13, and this rule.
	4.10(1) Definitions.
“Alcoholic liquor,” for the purposes of this rule, means “alcoholic liquor” as defined in Iowa Code section 123.3(5).
“Mixed drink or cocktail,” for the purposes of this rule, means “mixed drink or cocktail” as defined in Iowa Code section 123.3(32).
“Native distilled spirits,” for the purposes of this rule, means “native distilled spirits” as defined in Iowa Code section 123.3(34).
“Original container,” for the purposes of this rule, means a vessel containing alcoholic liquor or native distilled spirits that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture.
“Sealed container,” for the purposes of this rule, means a vessel containing a mixed drink or cocktail that is designed to prevent consumption without removal of the tamper-evident lid, cap, or seal. “Sealed container” does not include a container with a lid with sipping holes or openings for straws, a cup made of plastic that is intended for one-time use, or a cup made of paper or polystyrene foam.
“Tamper-evident,” for the purposes of this rule, means a lid, cap, or seal that visibly demonstrates when a container has been opened.
	4.10(2) Filling requirements.
	a. 	A sealed container shall be filled and sold only by the licensee or the licensee’s employees who are 18 years of age or older.
	b. 	A sealed container shall be filled only upon receipt of an order by a consumer of legal age.
	c. 	A sealed container shall be filled only with mixed drinks or cocktails composed in whole or in part with alcoholic liquor or native distilled spirits from an original container purchased from a class “E” liquor licensee.
	d. 	The filling of a sealed container shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations.
	4.10(3) Sealing requirements. A sealed container shall bear one of the following tamper-evident sealing methods:
	a. 	A plastic heat shrink wrap band, strip, or sleeve extending around the cap or lid to form a seal that must be broken when the container is opened.
	b. 	A screw top cap or lid that breaks apart when the container is opened.
	c. 	A vacuum or heat-sealed pouch containing the mixed drink or cocktail.
	4.10(4) Labeling requirements. A sealed container shall bear a label affixed to the container in a conspicuous place legibly indicating the following information:
	a. 	The business name of the licensee that sold the mixed drink or cocktail.
	b. 	The words “CONTAINS ALCOHOL.”
	4.10(5) Sealed container not deemed an open container. A sealed container shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed container is unopened, the seal has not been tampered with, and the contents of the sealed container have not been partially removed.
	4.10(6) Restrictions.
	a. 	A sealed container shall not be filled in advance of a sale.
	b. 	A sealed container shall not meet the definition of “canned cocktail” as defined in Iowa Code section 123.3(11).
	c. 	A licensee or a licensee’s employees shall not allow a consumer to fill a sealed container.
	d. 	The filling and selling of a sealed container shall be limited to the hours in which alcoholic beverages may be legally sold.
	e. 	A sealed container shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication.
	4.10(7) Record keeping requirements.
	a. 	A licensee shall maintain records, in printed or electronic format, of all sales of sealed containers. The records shall state the following:
	(1)	The business name of the licensee that sold the mixed drink or cocktail.
	(2)	The date and time of the sale.
	(3)	A description of the product sold.
	b. 	A licensee shall keep the required records for a three-year period from the date the record was created.
	c. 	Records shall be open to inspection pursuant to Iowa Code section 123.30(1), and may be subject to administrative subpoena issued by the administrator.
	4.10(8) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee to the penalty provisions provided in Iowa Code chapter 123.
This rule is intended to implement Iowa Code sections 123.30, 123.43A, and 123.49.
[ARC 5221C, IAB 10/7/20, effective 10/1/20]