185—4.5(123) Mixed drinks or cocktails not for immediate consumption. A class “C,” class “D,” or class “F” retail alcohol licensee may mix, store, and allow the consumption of mixed drinks or cocktails which are not for immediate consumption for up to 72 hours, subject to the requirements and restrictions provided in Iowa Code section 123.49(2)“d” and this rule.
	4.5(1) Definitions.
“Immediate consumption,” for the purposes of this rule, means the compounding and fulfillment of a mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail.
“Mixed drink or cocktail,” for the purposes of this rule, means an alcoholic beverage as defined in Iowa Code section 123.3(32).
	4.5(2) Location. Mixed drinks or cocktails which are not for immediate consumption shall be mixed, stored, and consumed on the retail alcohol licensed premises.
	4.5(3) Quantity. A mixed drink or cocktail which is not for immediate consumption shall be mixed and stored in, and dispensed from, a labeled container in a quantity not to exceed three gallons.
	4.5(4) Container. A mixed drink or cocktail which is not for immediate consumption shall at all times be in a container compliant with applicable state and federal food safety statutes and regulations.
	a. 	The mixed drink or cocktail shall be mixed and remain stored in the same container.
	b. 	The mixed drink or cocktail shall be removed from the stored container for one of the following dispensing purposes:
	(1)	To compound and fulfill a mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail.
	(2)	For transfer into a pourable container. The pourable container shall have affixed a label compliant with subrule 4.5(5) displaying label information identical to that on the container from which the contents were poured. The expiration date and time shall not be extended by the transfer of product to a pourable container.
	c. 	The mixed drink or cocktail may be strained into another container when each of the following conditions is met:
	(1)	The mixed drink or cocktail is returned without delay to the labeled container from which it was strained.
	(2)	The container and process are compliant with applicable state and federal food safety statutes and regulations.
	d. 	An original package of alcoholic liquor as purchased from the division or an original package of wine shall not be used to mix, store, or dispense a mixed drink or cocktail, pursuant to Iowa Code section 123.49(2)“d” and “e.”
	e. 	The mixed drink or cocktail shall not be mixed, stored, or dispensed from a container bearing an alcoholic beverage name brand.
	4.5(5) Label. A label shall be placed on a container when the contents of the mixed drink or cocktail are placed into the empty container.
	a. 	Contents are defined in subrule 4.5(6).
	b. 	The label shall be subject to the following requirements and restrictions:
	(1)	The label shall be affixed to the container in a conspicuous place.
	(2)	The label shall legibly identify the month, day, and year the contents are placed into the empty container.
	(3)	The label shall legibly identify the time the contents were placed into the empty container. The time shall be reported to the minute utilizing the 12-hour clock, and include either the ante meridian (AM) or post meridian (PM) part of time.
	(4)	The label shall legibly identify the month, day, and year the contents expire.
	(5)	The label shall legibly identify the time the contents expire. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4).
	(6)	The label shall legibly specify the title of the recipe used for the contents of the container.
	(7)	The label shall legibly identify the person who prepared the contents of the container.
	(8)	The label shall legibly identify the size of the batch within the container and be conspicuously marked with the words “CONTAINS ALCOHOL.”
	(9)	The label shall be removed from the container once the entire contents have been consumed, transferred to a pourable container pursuant to subparagraph 4.5(4)“b”(2), or destroyed and disposed of in accordance with applicable law.
	(10)	A label shall not be reused, nor shall a removed label be reapplied to a container.
	(11)	A new label, subject to the requirements and restrictions of paragraph 4.5(5)“b,” shall be placed on the container for each prepared batch of mixed drinks or cocktails which is not for immediate consumption.
	c. 	A licensee may access a label template on the website of the division located at www.IowaABD.com.
	4.5(6) Contents. Contents include alcoholic beverages, nonalcoholic ingredients, or combination thereof, which are not for immediate consumption.
	a. 	A licensee is limited to utilizing alcoholic beverages in the mixed drink or cocktail which are authorized by the license.
	b. 	A licensee shall utilize alcoholic beverages in the mixed drink or cocktail which are obtained as prescribed by Iowa Code chapter 123.
	c. 	The added flavors and other nonbeverage ingredients of the mixed drink or cocktail shall not include hallucinogenic substances, added caffeine or added stimulants including but not limited to guarana, ginseng, and taurine, or a controlled substance as defined in Iowa Code section 124.401.
	4.5(7) Disposal.
	a. 	Any mixed drink or cocktail, or portion thereof, not consumed within 72 hours of the contents’ being placed into the empty container is expired and shall be destroyed and disposed of in accordance with applicable law.
	b. 	An expired mixed drink or cocktail which is not for immediate consumption shall not be:
	(1)	Added to an empty container and relabeled; or
	(2)	Added to another mixed drink or cocktail which is not for immediate consumption.
	4.5(8) Records. A licensee shall maintain accurate and legible records for each prepared batch of mixed drinks or cocktails which is not for immediate consumption.
	a. 	Records shall contain:
	(1)	The month, day, and year the contents are placed into the empty container.
	(2)	The time the contents are placed into the empty container. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4).
	(3)	Each alcoholic beverage, including the brand and the amount, placed in the container. The amount of each alcoholic beverage shall be reported utilizing the metric system.
	(4)	Each nonalcoholic ingredient placed in the container.
	(5)	The recipe title and directions for preparing the contents of the container.
	(6)	The size of the batch.
	(7)	The identity of the person who prepared the contents of the container.
	(8)	The month, day, and year the contents of the container are destroyed and disposed of or entirely consumed.
	(9)	The time the contents of the container are destroyed and disposed of or entirely consumed. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4).
	(10)	The method of destruction and disposal or shall specify that the entire contents were consumed.
	(11)	The identity of the person who destroyed and disposed of the contents, if the contents were not consumed.
	b. 	A licensee may access record-keeping forms on the website of the division located at www.IowaABD.com, by sending a request by fax to (515)281-7375, or by sending a request by mail to Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021.
	c. 	Records shall be maintained on the licensed premises for a period of three years and shall be open to inspection pursuant to Iowa Code section 123.33.
	4.5(9) Dispensing machines. A dispensing machine which contains a mixed drink or cocktail with alcoholic beverages is subject to the requirements and restrictions of this rule.
	4.5(10) Food safety compliance. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails which are not for immediate consumption shall comply with all applicable state and federal food safety statutes and regulations.
	4.5(11) Federal alcohol compliance. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails which are not for immediate consumption shall comply with all applicable federal statutes and regulations. Prohibitions include but are not limited to processing with non-tax-paid alcoholic liquor, aging alcoholic liquor in barrels, heating alcoholic liquor, bottling alcoholic liquor, and refilling alcoholic liquor or wine bottles.
	4.5(12) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee to the penalty provisions of Iowa Code section 123.39.
This rule is intended to implement Iowa Code section 123.49(2).
[ARC 7073C, IAB 9/20/23, effective 10/25/23; Editorial change: IAC Supplement 11/15/23]