House File 384 S-3095 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 1, before line 30 by inserting: 19 < Sec. ___. Section 123.43A, subsection 6, Code 2021, is 20 amended to read as follows: 21 6. Notwithstanding any provision of this chapter to the 22 contrary or the fact that a person is the holder of a class 23 “A” native distilled spirits license, a native distillery 24 which, combining all production facilities of the business, 25 produces and manufactures not more than one hundred thousand 26 proof gallons of native distilled spirits on an annual basis 27 may sell those native distilled spirits manufactured on the 28 premises of the native distillery for consumption on the 29 premises by applying for a class “C” native distilled spirits 30 liquor control license as provided in section 123.30 . A 31 native distillery may be granted not more than one two class 32 “C” native distilled spirits liquor control license licenses . 33 All native distilled spirits sold by a native distillery for 34 on-premises consumption and mixed drinks or cocktails sold 35 -1- HF384.1546 (5) 89 je/rn 1/ 6 #1. #2.
for consumption off the premises shall be purchased from a 1 class “E” liquor control licensee. A manufacturer of native 2 distilled spirits may be issued a class “C” native distilled 3 spirits liquor control license regardless of whether the 4 manufacturer is also a manufacturer of beer pursuant to a class 5 “A” beer permit or a manufacturer of native wine pursuant to a 6 class “A” wine permit. 7 Sec. ___. Section 123.45, subsection 3, Code 2021, is 8 amended to read as follows: 9 3. A person engaged in the wholesaling of beer or wine 10 may sell only disposable glassware, which is constructed of 11 paper, paper laminated, or plastic materials and designed 12 primarily for personal consumption on a one-time usage 13 basis, to retailers for use within the premises of licensed 14 establishments, for an amount which is greater than or equal 15 to an amount which represents the greater of either the amount 16 paid for the disposable glassware by the supplier or the amount 17 paid for the disposable glassware by the wholesaler. Also, a 18 person engaged in the business of manufacturing beer may sell 19 beer at retail for consumption on or off the premises of the 20 manufacturing facility and, notwithstanding any other provision 21 of this chapter or the fact that a person is the holder of a 22 class “A” beer permit, may be granted not more than one two 23 class “B” beer permit permits as defined in section 123.124 24 for that purpose regardless of whether that person is also a 25 manufacturer of native distilled spirits pursuant to a class 26 “A” native distilled spirits license or a manufacturer of 27 native wine pursuant to a class “A” wine permit. > 28 3. Page 2, line 25, by striking < 8:00 > and inserting < 8:00 29 6:00 > 30 4. Page 3, by striking lines 3 and 4 and inserting < Monday 31 through Saturday, and between 8:00 a.m. and 10:00 p.m. Sunday. > 32 5. Page 4, after line 10 by inserting: 33 < Sec. ___. Section 123.49, subsection 2, paragraph b, Code 34 2021, is amended to read as follows: 35 -2- HF384.1546 (5) 89 je/rn 2/ 6 #3. #4. #5.
b. Sell or dispense any alcoholic beverage on the premises 1 covered by the license or permit, or permit its consumption 2 thereon between the hours of 2:00 a.m. and 6:00 a.m. on a 3 weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 4 a.m. on the following Monday, however, a holder of a liquor 5 control license or retail wine or beer permit granted the 6 privilege of selling alcoholic liquor, wine, or beer on Sunday 7 may sell or dispense alcoholic liquor, wine, or beer between 8 the hours of 8:00 6:00 a.m. on Sunday and 2:00 a.m. on the 9 following Monday. > 10 6. By striking page 4, line 32, through page 6, line 10, and 11 inserting: 12 < (3) Mixed drinks or cocktails mixed on premises covered 13 by a class “C” liquor control license or a class “C” native 14 distilled spirits liquor control license for consumption 15 off the licensed premises may be sold if the mixed drink or 16 cocktail is immediately sealed with a lid or other method 17 of securing the product filled in a sealed container and is 18 promptly taken from the licensed premises prior to consumption 19 of the mixed drink or cocktail. A mixed drink or cocktail 20 that is sold and sealed in a sealed container in compliance 21 with the requirements of this subparagraph and rules adopted 22 by the division shall not be deemed an open container subject 23 to the requirements of sections 321.284 and 321.284A if the 24 sealed container is unopened and the seal has not been tampered 25 with, and the contents of the container have not been partially 26 removed. 27 Sec. ___. Section 123.49, subsection 2, paragraph d, Code 28 2021, is amended by adding the following new subparagraph: 29 NEW SUBPARAGRAPH . (4) For purposes of this paragraph: 30 (a) “Sealed container” means a vessel, including a 31 substantial or sturdy plastic container and a vacuum or 32 heat-sealed pouch, containing a mixed drink or cocktail 33 that is designed to prevent consumption without removal of 34 a tamper-evident lid, cap, or seal. “Sealed container” does 35 -3- HF384.1546 (5) 89 je/rn 3/ 6 #6.
not include a container with a sipping hole or other opening 1 for a straw, unless the hole or other opening includes a 2 tamper-evident seal, but a straw may be separately provided 3 with a sealed container to the consumer for off-premises 4 consumption. 5 (b) “Tamper-evident” means a lid, cap, or seal that visibly 6 demonstrates when a container has been opened. 7 Sec. ___. Section 123.134, subsection 4, Code 2021, is 8 amended to read as follows: 9 4. Any club, hotel, motel, or commercial establishment 10 holding a class “B” beer permit, subject to the provisions of 11 section 123.49, subsection 2 , paragraph “b” , may apply for 12 and receive permission to sell and dispense beer to patrons 13 on Sunday for consumption on or off the premises between 14 the hours of 8:00 6:00 a.m. on Sunday and 2:00 a.m. on the 15 following Monday. Any class “C” beer permittee may sell beer 16 for consumption off the premises between the hours of 8:00 6:00 17 a.m. on Sunday and 2:00 a.m. on the following Monday. For the 18 privilege of selling beer on Sunday the beer permit fees of the 19 applicant shall be increased by twenty percent of the regular 20 fees prescribed for the permit pursuant to this section and the 21 privilege shall be noted on the beer permit. 22 Sec. ___. Section 123.150, Code 2021, is amended to read as 23 follows: 24 123.150 Sunday sales before New Year’s Day. 25 Notwithstanding section 123.36, subsection 6 , section 26 123.49, subsection 2 , paragraph “b” , and section 123.134, 27 subsection 4 , a holder of any class of liquor control license 28 or the holder of a class “B” beer permit may sell or dispense 29 alcoholic liquor, wine, or beer to patrons for consumption on 30 the premises between the hours of 8:00 6:00 a.m. on Sunday and 31 2:00 a.m. on Monday when that Monday is New Year’s Day and beer 32 for consumption off the premises between the hours of 8:00 6:00 33 a.m. on Sunday and 2:00 a.m. on the following Monday when that 34 Sunday is the day before New Year’s Day. The liquor control 35 -4- HF384.1546 (5) 89 je/rn 4/ 6
license fee or beer permit fee of licensees and permittees 1 permitted to sell or dispense liquor, wine, or beer on a Sunday 2 when that Sunday is the day before New Year’s Day shall not be 3 increased because of this privilege. The special privileges 4 granted in this section are in force only during the specified 5 times provided in this section . > 6 7. Page 6, after line 10 by inserting: 7 < Sec. ___. Section 123.130, subsection 2, Code 2021, is 8 amended to read as follows: 9 2. Pursuant to section 123.45, subsection 3 , a native 10 brewery may be granted not more than one two class “B” beer 11 permit permits as defined in section 123.124 for the purpose of 12 selling beer at retail for consumption on or off the premises 13 of the manufacturing facility. 14 Sec. ___. Section 123.176, subsection 5, Code 2021, is 15 amended to read as follows: 16 5. Notwithstanding any other provision of this chapter , a 17 person engaged in the business of manufacturing native wine may 18 sell native wine at retail for consumption on the premises of 19 the manufacturing facility by applying for a class “C” native 20 wine permit as provided in section 123.178B . A manufacturer 21 of native wine may be granted not more than one two class “C” 22 native wine permit permits . A manufacturer of native wine may 23 be issued a class “C” native wine permit regardless of whether 24 the manufacturer is also a manufacturer of beer pursuant to a 25 class “A” beer permit or a manufacturer of native distilled 26 spirits pursuant to a class “A” native distilled spirits 27 license. > 28 8. Title page, line 1, after < concerning > by inserting 29 < native distilleries, beer manufacturers, native breweries, and 30 native wine manufacturers, > 31 9. Title page, line 2, after < licenses > by inserting < , 32 hours of sale of alcoholic beverages on Sunday, > 33 10. By renumbering as necessary. 34 -5- HF384.1546 (5) 89 je/rn 5/ 6 #7. #8. #9.
______________________________ COMMITTEE ON STATE GOVERNMENT ROBY SMITH, CHAIRPERSON -6- HF384.1546 (5) 89 je/rn 6/ 6