Senate File 447 - Introduced





                                       SENATE FILE       
                                       BY  COMMITTEE ON COMMERCE

                                       (SUCCESSOR TO SF 251)


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

                                      A BILL FOR

  1 An Act concerning off=premises consumption of resealed bottles of
  2    wine.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2528SV 83
  5 ec/nh/5

PAG LIN



  1  1    Section 1.  Section 123.30, Code 2009, 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 person holding a license to sell
  1  5 alcoholic liquors for consumption on the licensed premises may
  1  6 permit a customer to remove one unsealed bottle of wine for
  1  7 consumption off the premises if the customer has purchased and
  1  8 consumed a portion of the bottle of wine on the licensed
  1  9 premises.  The licensee or the licensee's agent shall securely
  1 10 reseal such bottle in a bag designed so that it is visibly
  1 11 apparent that the resealed bottle of wine has not been
  1 12 tampered with and provide a dated receipt for the resealed
  1 13 bottle of wine to the customer.  A wine bottle resealed
  1 14 pursuant to the requirements of this subsection is subject to
  1 15 the requirements of sections 321.284 and 321.284A.
  1 16                           EXPLANATION
  1 17    This bill provides that a person holding a liquor control
  1 18 license allowing the consumption of alcohol for on=premises
  1 19 consumption can permit a customer to remove one unsealed
  1 20 bottle of wine for consumption off the premises if the
  1 21 customer has purchased and consumed a portion of the bottle of
  1 22 wine on the licensed premises.  The bill provides that the
  1 23 licensee shall place the bottle in a bag with a receipt for
  1 24 the wine of the customer.  The bill provides that the resealed
  1 25 bottle of wine is still considered an open container for
  1 26 purposes of those Code sections prohibiting open containers of
  1 27 alcohol in vehicles.
  1 28 LSB 2528SV 83
  1 29 ec/nh/5