House File 384 H-1058 Amend House File 384 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 123.3, subsection 11, Code 2021, is 3 amended to read as follows: 4 11. “Canned cocktail” means a mixed drink or cocktail that 5 is premixed and packaged in a metal can and contains more than 6 six and twenty-five hundredths percent of alcohol by volume but 7 not more than fifteen percent of alcohol by volume. A mixed 8 drink or cocktail mixed and packaged in a metal can pursuant to 9 section 123.49, subsection 2, paragraph “d” , subparagraph 3, 10 shall not be considered a canned cocktail. > 11 2. Page 1, after line 20 by inserting: 12 < Sec. ___. Section 123.46A, subsections 1 and 2, Code 2021, 13 are amended to read as follows: 14 1. Licensees and permittees authorized to sell alcoholic 15 liquor, wine, or beer in original unopened containers for 16 consumption off the licensed premises may deliver alcoholic 17 liquor, wine, or beer to a home, another licensed premises if 18 there is identical ownership of the premises by the licensee 19 or permittee, or other designated location in this state. 20 Deliveries shall be limited to alcoholic beverages authorized 21 by the licensee’s or permittee’s license or permit. Orders 22 delivered to another licensed premises shall contain only those 23 alcoholic beverages authorized for sale by the liquor control 24 license or retail wine or beer permit covering the premises 25 to which the alcoholic beverages will be delivered. Orders 26 delivered to another licensed premises shall be fulfilled using 27 the alcoholic beverages inventory owned by the licensee or 28 permittee who will receive the order for delivery. If the 29 recipient refuses or fails to pick up the delivery, or is 30 ineligible to receive the delivery, the alcoholic beverages 31 shall be returned to the licensee or permittee who fulfilled 32 the order. 33 2. All deliveries of alcoholic liquor, wine, or beer , or 34 mixed drinks or cocktails shall be subject to the following 35 -1- HF384.440 (2) 89 je/rn 1/ 6 #1. #2.

requirements and restrictions: 1 a. Payment for the alcoholic liquor, wine, or beer , or 2 mixed drinks or cocktails shall be received by the licensee or 3 permittee at the time of order. 4 b. Orders for deliveries may be taken by the licensee 5 or permittee between the hours of 2:00 a.m. and 6:00 a.m. 6 on a day other than Sunday, and orders for deliveries may 7 be taken between the hours of 2:00 a.m. and 8:00 a.m. on a 8 Sunday provided the licensee or permittee has been granted the 9 privilege of selling alcoholic liquor, wine, or beer , or mixed 10 drinks or cocktails on Sunday, notwithstanding any provision of 11 section 123.49, subsection 2 , paragraph “b” , to the contrary. 12 c. Alcoholic liquor, wine, or beer , or mixed drinks or 13 cocktails delivered to a person shall be for personal use and 14 not for resale. 15 d. Deliveries shall only be made to persons in this state 16 who are twenty-one years of age or older. 17 e. Deliveries shall not be made to a person who is 18 intoxicated or is simulating intoxication. 19 f. Deliveries shall occur between 6:00 a.m. and 10:00 p.m. 20 Monday through Saturday, and between 8:00 a.m. and 10:00 p.m. 21 Sunday. 22 g. Delivery of alcoholic liquor, wine, or beer , or mixed 23 drinks or cocktails shall be made by the licensee or permittee, 24 or the licensee’s or permittee’s employee, and not by a third 25 party. 26 h. Delivery personnel shall be twenty-one years of age or 27 older. 28 i. Deliveries shall be made in a vehicle owned, leased, or 29 under the control of the licensee or permittee. 30 j. Valid proof of the recipient’s identity and age shall 31 be obtained at the time of delivery, and the signature of a 32 person twenty-one years of age or older shall be obtained as a 33 condition of delivery. 34 k. Licensees and permittees shall maintain records 35 -2- HF384.440 (2) 89 je/rn 2/ 6

of deliveries which include the quantity delivered, the 1 recipient’s name and address, and the signature of the 2 recipient of the alcoholic liquor, wine, or beer , or mixed 3 drinks or cocktails . The records shall be maintained on the 4 licensed premises for a period of three years. 5 l. Orders delivered to another licensed premises shall 6 contain only those alcoholic beverages authorized for sale 7 by the liquor control license or retail wine or beer permit 8 covering the premises to receive the delivery. 9 m. Orders delivered to another licensed premises shall be 10 fulfilled using the alcoholic beverages inventory owned by the 11 licensee or permittee who received the order for delivery. If 12 the recipient refuses or fails to pick up the delivery, or is 13 ineligible to receive the delivery, the alcoholic beverages 14 shall be returned to the licensee or permittee who fulfilled 15 the order. 16 Sec. ___. Section 123.46A, Code 2021, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 1A. Licensees and permittees authorized to 19 sell wine, beer, or mixed drinks or cocktails for consumption 20 off the licensed premises in a container other than the 21 original container may deliver the wine, beer, or mixed drinks 22 or cocktails to a home or other designated location in this 23 state only if the container other than the original container 24 has been sold and securely sealed in compliance with this 25 chapter or the rules of the division. Deliveries shall be 26 limited to alcoholic beverages authorized by the licensee’s or 27 permittee’s license or permit. > 28 3. By striking page 1, line 22, through page 2, line 1, and 29 inserting < subparagraphs (2) and (3), Code 2021, are amended 30 to read as follows: 31 (2) Mixed drinks or cocktails mixed on the premises that are 32 not for immediate consumption may be consumed on the licensed 33 premises subject to the requirements of this subparagraph 34 pursuant to rules adopted by the division. The rules shall 35 -3- HF384.440 (2) 89 je/rn 3/ 6 #3.

provide that the mixed drinks or cocktails be stored, for 1 no longer than seventy-two hours, in a labeled container in 2 a quantity that does not exceed three gallons. The rules 3 shall also provide that added flavors and other nonbeverage 4 ingredients included in the mixed drinks or cocktails shall 5 not include hallucinogenic substances or added caffeine or 6 other added stimulants including but not limited to guarana, 7 ginseng, and taurine. In addition, the The rules shall also 8 require that the licensee keep records as to when the contents 9 in a particular container were mixed and the recipe used for 10 that mixture. In addition, mixed drinks or cocktails mixed 11 on the premises pursuant to this subparagraph may be sold 12 for consumption off the licensed premises as provided in and 13 subject to the requirements of subparagraph (3). 14 (3) Mixed drinks or cocktails mixed on premises covered by 15 a class “C” liquor control license or a class native distilled 16 spirits liquor control license for consumption off the licensed 17 premises may be sold only if all of the mixed drink or cocktail 18 is immediately sealed with a lid or other method of securing 19 the product and is promptly taken from the licensed premises 20 prior to consumption of the mixed drink or cocktail. A mixed 21 drink or cocktail that is sold and sealed in compliance with 22 the requirements of this subparagraph shall not be deemed an 23 open container subject to the requirements of sections 321.284 24 and 321.284A if the sealed container is unopened and the seal 25 has not been tampered with, and the contents of the container 26 have not been partially removed. following requirements are 27 met: 28 (a) The mixed drink or cocktail shall be enclosed in a 29 sealed container, which has a secure lid, cap, or other closure 30 designed to prevent consumption without removing, opening, or 31 breaking the lid, cap, or other closure. 32 (b) The lid, cap, or other closure must be tamper-evident. 33 For purposes of this subsection, “tamper-evident” means the 34 container is sealed with material such as wax dip, heat shrink 35 -4- HF384.440 (2) 89 je/rn 4/ 6

wrap, adhesive tape, a screw top, or another material or method 1 designed to reveal the removal, opening, or breaking of the 2 lid, cap, or other closure. 3 (c) The container shall not be made of disposable paper, 4 plastic, or polystyrene foam, and shall not be an expanded 5 polystyrene foam cup. Substantial or sturdy plastic containers 6 and vacuum or heat-sealed pouches are permitted. 7 (d) The container shall not include any sipping hole or 8 other opening for a straw unless the hole or other opening 9 includes a tamper-evident seal preventing consumption without 10 being removed or otherwise broken. A straw may be separately 11 provided to the consumer for use off the licensed premises. 12 (e) The container shall be filled only with mixed drinks or 13 cocktails composed in whole or in part with alcoholic liquor or 14 native distilled spirits from an original container purchased 15 from a class “E” liquor control licensee. 16 (f) The filling of the container shall at all times be 17 conducted in compliance with applicable state and federal food 18 safety statutes and regulations. 19 Sec. ___. Section 123.49, subsection 2, paragraph d, Code 20 2021, is amended by adding the following new subparagraph: 21 NEW SUBPARAGRAPH . (4) A container of mixed drinks or 22 cocktails that is sold and sealed in compliance with the 23 requirements of subparagraph (3) shall not be deemed an open 24 container subject to the requirements of sections 321.284 and 25 321.284A if the sealed container is unopened and the seal has 26 not been tampered with, and the contents of the container have 27 not been partially removed. > 28 4. Title page, line 2, by striking < licensees > and inserting 29 < licenses and the delivery of certain alcoholic beverages > 30 5. By renumbering as necessary. 31 ______________________________ MITCHELL of Henry -5- HF384.440 (2) 89 je/rn 5/ 6 #4. #5.