H.F. 2358 Section 1. Section 123.49, subsection 2, paragraphs d and e, 1 Code Supplement 2011, are amended to read as follows: 2 d. Keep on premises covered by a liquor control license 3 any alcoholic liquor in any container except the original 4 package purchased from the division, and except mixed drinks 5 or cocktails mixed on the premises for immediate consumption 6 on the licensed premises . This prohibition does not apply to 7 common carriers holding a class “D” liquor control license. 8 e. Reuse for packaging alcoholic liquor or wine any 9 container or receptacle used originally for packaging 10 alcoholic liquor or wine; or adulterate, by the addition of any 11 substance, the contents or remaining contents of an original 12 package of an alcoholic liquor or wine; or knowingly possess 13 any original package which has been so reused or adulterated. 14 This paragraph “e” shall not apply to mixed drinks or cocktails 15 mixed on the premises for consumption on the licensed premises 16 as authorized under paragraph “d” . 17 EXPLANATION 18 This bill concerns the authority of a liquor control 19 licensee to keep any alcoholic liquor in any container except 20 the original package purchased from the alcoholic beverages 21 division of the department of commerce. Under current law, 22 a liquor control licensee can only permit mixed drinks or 23 cocktails mixed on the premises if they are for immediate 24 consumption. The bill allows drinks or cocktails to be mixed 25 on the premises and kept in a separate container or in the 26 original container of alcohol or wine so long as the mixed 27 drink or cocktail is consumed on the licensed premises. 28 -1- LSB 5185HH (3) 84 ec/nh 1/ 1