House Study Bill 713



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            COMMERCE, REGULATION AND
                                            LABOR BILL BY CHAIRPERSON
                                            JENKINS)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning off=premises transportation and consumption of
  2    resealed bottles of wine.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6436HC 81
  5 ec/je/5

PAG LIN



  1  1    Section 1.  Section 123.30, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4.  Notwithstanding any provision of this
  1  4 chapter to the contrary, a restaurant holding a license to
  1  5 sell alcoholic liquors for consumption on the licensed
  1  6 premises may permit a customer to remove one unsealed bottle
  1  7 of wine for consumption off the premises if the customer has
  1  8 purchased a meal and consumed a portion of the bottle of wine
  1  9 with such meal on the licensed premises.  The licensee or the
  1 10 licensee's agent shall securely reseal such bottle in a bag
  1 11 designed so that it is visibly apparent that the resealed
  1 12 bottle of wine has not been tampered with and provide a dated
  1 13 receipt for the resealed bottle of wine and the meal to the
  1 14 customer.  A wine bottle resealed pursuant to the requirements
  1 15 of this subsection shall not be deemed an open container
  1 16 subject to the requirements of sections 321.284 and 321.284A.
  1 17                           EXPLANATION
  1 18    This bill provides that a restaurant holding a liquor
  1 19 control license allowing the restaurant to sell alcohol for
  1 20 on=premises consumption can permit a customer to remove one
  1 21 unsealed bottle of wine for consumption off the premises if
  1 22 the customer has purchased a meal and consumed a portion of
  1 23 the bottle of wine with such meal on the licensed premises.
  1 24 The bill provides that the restaurant shall place the bottle
  1 25 in a bag with a receipt for the wine and meal of the customer.
  1 26 The bill also provides that the resealed bottle of wine is not
  1 27 considered an open container for purposes of those Code
  1 28 sections prohibiting open containers of alcohol in vehicles.
  1 29 LSB 6436HC 81
  1 30 ec:nh/je/5