S-3095

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

______________________________
COMMITTEE ON STATE GOVERNMENT

ROBY SMITH, CHAIRPERSON