House
File
2780
H-8375
Amend
House
File
2780
as
follows:
1
1.
Page
2,
after
line
3
by
inserting:
2
<
Sec.
___.
Section
123.30,
subsection
5,
paragraph
a,
Code
3
2026,
is
amended
by
adding
the
following
new
subparagraph:
4
NEW
SUBPARAGRAPH
.
(4)
A
social
district,
if
the
holder
of
5
the
retail
alcohol
license
is
a
participating
licensee
within
a
6
social
district
and
in
compliance
with
the
ordinance
adopted
7
under
section
414.34.
8
Sec.
___.
Section
123.46,
subsection
2,
Code
2026,
is
9
amended
to
read
as
follows:
10
2.
a.
A
person
shall
not
use
or
consume
alcoholic
liquor,
11
wine,
or
beer
upon
the
public
streets
or
highways.
A
person
12
shall
not
use
or
consume
alcoholic
liquor
in
any
public
13
place
except
premises
covered
by
a
retail
alcohol
license.
14
A
person
shall
not
possess
or
consume
alcoholic
liquors,
15
wine,
or
beer
on
public
school
property
or
while
attending
a
16
public
or
private
school-related
function.
A
person
shall
not
17
be
intoxicated
in
a
public
place.
A
person
violating
this
18
subsection
is
guilty
of
a
simple
misdemeanor.
19
b.
Notwithstanding
paragraph
“a”
,
a
person
may
possess
20
or
consume
alcoholic
liquor,
wine,
or
beer
upon
the
public
21
streets,
highways,
or
public
places
within
a
social
district
22
if
the
possession
or
consumption
complies
with
the
ordinance
23
adopted
under
section
414.34.
>
24
2.
Page
6,
after
line
32
by
inserting:
25
<
Sec.
___.
NEW
SECTION
.
414.34
Social
districts.
26
1.
As
used
in
this
section:
27
a.
“Marked
container”
means
a
nonglass
container
that
28
identifies
the
retail
alcohol
licensee
providing
the
alcoholic
29
liquor,
beer,
or
wine
in
the
container
to
the
consumer
within
30
the
social
district.
31
b.
“Retail
alcohol
licensee”
means
the
holder
of
a
class
“C”
32
or
special
class
“C”
license
issued
under
section
123.30.
33
c.
“Social
district”
means
a
defined
area
in
which
the
34
possession
and
consumption
of
alcoholic
liquor,
wine,
and
35
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2780.4062
(2)
91
jm/ns
1/
3
#1.
#2.
beer
is
allowed
on
public
streets,
sidewalks,
and
other
1
public
spaces
within
the
boundaries
of
the
district
that
are
2
consistent
with
this
section.
3
2.
A
city
may
define
an
area
by
ordinance
that
designates
a
4
social
district
for
use
by
retail
alcohol
licensees.
5
3.
An
ordinance
adopted
pursuant
to
this
section
must
6
include
all
of
the
following:
7
a.
A
legal
description
or
map
of
the
district.
8
b.
The
days
and
hours
the
possession
and
consumption
of
9
alcoholic
liquor,
wine,
and
beer
are
permitted
on
public
10
streets,
sidewalks,
and
other
public
places
within
the
11
district.
12
c.
Requirements
for
marked
container
use
and
identification.
13
d.
Participation
requirements
for
retail
alcohol
licensees
14
within
the
district.
15
e.
Enforcement
provisions
and
penalties
for
violations.
16
f.
Procedures
for
the
revocation
or
suspension
of
all
of
the
17
following:
18
(1)
The
participation
of
retail
alcohol
licensees
for
19
violations.
20
(2)
The
social
district
itself
for
public
safety
concerns
21
or
other
matters.
22
4.
An
ordinance
adopted
by
a
city
shall
not
be
construed
to
23
authorize
any
of
the
following:
24
a.
Consumption
of
an
alcoholic
beverage
in
a
motor
vehicle
25
or
on
the
public
streets,
sidewalks,
and
other
public
spaces
26
during
the
times
when
the
ordinance
is
not
in
effect.
27
b.
Possession
or
consumption
of
an
alcoholic
beverage
in
28
a
manner
contrary
to
the
provisions
of
chapter
123
except
as
29
otherwise
provided
by
an
ordinance
adopted
pursuant
to
this
30
section.
31
c.
A
prohibition
on
any
participating
retail
alcohol
32
licensee
or
other
establishment
located
within
the
social
33
district
from
denying
entry
to
the
premises
of
the
licensee
or
34
establishment
to
persons
who
possess
alcoholic
beverages
from
35
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2780.4062
(2)
91
jm/ns
2/
3
other
participating
retail
alcohol
licensees.
>
1
3.
Title
page,
line
1,
by
striking
<
control,
including
>
and
2
inserting
<
control
by
providing
for
>
3
4.
Title
page,
line
3,
after
<
manufacturers,
>
by
inserting
4
<
permitting
cities
to
create
social
districts
for
the
5
consumption
of
alcoholic
beverages,
>
6
______________________________
COLLINS
of
Des
Moines
-3-
HF
2780.4062
(2)
91
jm/ns
3/
3
#3.
#4.