Senate amendment to House File 384 H-1434 Amend House File 384, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 1, after line 29 by inserting: 3 < Sec. ___. Section 123.36, subsection 6, Code 2021, is 4 amended to read as follows: 5 6. Any club, hotel, motel, native distillery, 6 passenger-carrying boat or ship, railway corporation, air 7 common carrier, or commercial establishment holding a liquor 8 control license, subject to section 123.49, subsection 2 , 9 paragraph “b” , may apply for and receive permission to sell and 10 dispense alcoholic beverages as authorized by section 123.30 to 11 patrons between the hours of 8:00 6:00 a.m. on Sunday and 2:00 12 a.m. on the following Monday. For the privilege of selling 13 beer, wine, and alcoholic liquor on the premises on Sunday the 14 liquor control license fee of the applicant shall be increased 15 by twenty percent of the regular fee prescribed for the license 16 pursuant to this section , and the privilege shall be noted on 17 the liquor control license. > 18 2. Page 2, line 25, by striking < 8:00 > and inserting < 8:00 19 6:00 > 20 3. Page 3, by striking lines 3 and 4 and inserting < Monday 21 through Saturday, and between 8:00 a.m. and 10:00 p.m. Sunday. > 22 4. Page 4, after line 10 by inserting: 23 < Sec. ___. Section 123.49, subsection 2, paragraph b, Code 24 2021, is amended to read as follows: 25 b. Sell or dispense any alcoholic beverage on the premises 26 covered by the license or permit, or permit its consumption 27 thereon between the hours of 2:00 a.m. and 6:00 a.m. on a 28 weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 29 a.m. on the following Monday, however, a holder of a liquor 30 control license or retail wine or beer permit granted the 31 privilege of selling alcoholic liquor, wine, or beer on Sunday 32 may sell or dispense alcoholic liquor, wine, or beer between 33 the hours of 8:00 6:00 a.m. on Sunday and 2:00 a.m. on the 34 following Monday. > 35 -1- HF 384.2340.S (1) 89 mb 1/ 3 #1. #2. #3. #4.
5. By striking page 4, line 32, through page 6, line 10, and 1 inserting: 2 < (3) Mixed drinks or cocktails mixed on premises covered 3 by a class “C” liquor control license or a class “C” native 4 distilled spirits liquor control license for consumption 5 off the licensed premises may be sold if the mixed drink or 6 cocktail is immediately sealed with a lid or other method 7 of securing the product filled in a sealed container and is 8 promptly taken from the licensed premises prior to consumption 9 of the mixed drink or cocktail. A mixed drink or cocktail 10 that is sold and sealed in a sealed container in compliance 11 with the requirements of this subparagraph and rules adopted 12 by the division shall not be deemed an open container subject 13 to the requirements of sections 321.284 and 321.284A if the 14 sealed container is unopened and the seal has not been tampered 15 with, and the contents of the container have not been partially 16 removed. 17 Sec. ___. Section 123.49, subsection 2, paragraph d, Code 18 2021, is amended by adding the following new subparagraph: 19 NEW SUBPARAGRAPH . (4) For purposes of this paragraph: 20 (a) “Sealed container” means a vessel, including a 21 substantial or sturdy plastic container and a vacuum or 22 heat-sealed pouch, containing a mixed drink or cocktail 23 that is designed to prevent consumption without removal of 24 a tamper-evident lid, cap, or seal. “Sealed container” does 25 not include a container with a sipping hole or other opening 26 for a straw, unless the hole or other opening includes a 27 tamper-evident seal, but a straw may be separately provided 28 with a sealed container to the consumer for off-premises 29 consumption. 30 (b) “Tamper-evident” means a lid, cap, or seal that visibly 31 demonstrates when a container has been opened. 32 Sec. ___. Section 123.134, subsection 4, Code 2021, is 33 amended to read as follows: 34 4. Any club, hotel, motel, or commercial establishment 35 -2- HF 384.2340.S (1) 89 mb 2/ 3 #5.
holding a class “B” beer permit, subject to the provisions of 1 section 123.49, subsection 2 , paragraph “b” , may apply for 2 and receive permission to sell and dispense beer to patrons 3 on Sunday for consumption on or off the premises between 4 the hours of 8:00 6:00 a.m. on Sunday and 2:00 a.m. on the 5 following Monday. Any class “C” beer permittee may sell beer 6 for consumption off the premises between the hours of 8:00 6:00 7 a.m. on Sunday and 2:00 a.m. on the following Monday. For the 8 privilege of selling beer on Sunday the beer permit fees of the 9 applicant shall be increased by twenty percent of the regular 10 fees prescribed for the permit pursuant to this section and the 11 privilege shall be noted on the beer permit. 12 Sec. ___. Section 123.150, Code 2021, is amended to read as 13 follows: 14 123.150 Sunday sales before New Year’s Day. 15 Notwithstanding section 123.36, subsection 6 , section 16 123.49, subsection 2 , paragraph “b” , and section 123.134, 17 subsection 4 , a holder of any class of liquor control license 18 or the holder of a class “B” beer permit may sell or dispense 19 alcoholic liquor, wine, or beer to patrons for consumption on 20 the premises between the hours of 8:00 6:00 a.m. on Sunday and 21 2:00 a.m. on Monday when that Monday is New Year’s Day and beer 22 for consumption off the premises between the hours of 8:00 6:00 23 a.m. on Sunday and 2:00 a.m. on the following Monday when that 24 Sunday is the day before New Year’s Day. The liquor control 25 license fee or beer permit fee of licensees and permittees 26 permitted to sell or dispense liquor, wine, or beer on a Sunday 27 when that Sunday is the day before New Year’s Day shall not be 28 increased because of this privilege. The special privileges 29 granted in this section are in force only during the specified 30 times provided in this section . > 31 6. Title page, line 2, after < licenses > by inserting < , 32 hours of sale of alcoholic beverages on Sunday, > 33 7. By renumbering as necessary. 34 -3- HF 384.2340.S (1) 89 mb 3/ 3 #6.