HOUSE FILE 25

BY  M. SMITH

A BILL FOR

An Act prohibiting the manufacturing, selling, or distributing of caffeinated alcoholic beverages, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 123.3, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  8B.  “Caffeinated alcoholic beverage” means any beverage containing more than one-half of one percent of alcohol by volume, including alcoholic liquor, wine, and beer, to which caffeine is added.
   Sec. 2.  Section 123.49, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  m.  Manufacture for sale, sell, offer or keep for sale, import, distribute, transport, or possess any caffeinated alcoholic beverage.
   Sec. 3.  Section 123.50, subsection 2, Code 2011, is amended to read as follows:
   2.  The conviction of any liquor control licensee, wine permittee, or beer permittee for a violation of any of the provisions of section 123.49, subject to subsection 3 of this section, is grounds for the suspension or revocation of the license or permit by the division or the local authority. However, if any liquor control licensee is convicted of any violation of subsection 2, paragraph “a”, “d”,or“e”, or “m” of that section, or any wine or beer permittee is convicted of a violation of paragraph “a”,or“e”, or “m” of that section, the liquor control license, wine permit, or beer permit shall be revoked and shall immediately be surrendered by the holder, and the bond, if any, of the license or permit holder shall be forfeited to the division.
   Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill prohibits the manufacturing for sale, sale, offering or keeping for sale, importing, distributing, transporting, or possessing of a caffeinated alcoholic beverage. The bill defines a caffeinated alcoholic beverage as any beverage containing more than one-half of 1 percent of alcohol by volume, including alcoholic liquor, wine, and beer, to which caffeine is added.
   A violation of the bill’s provisions is subject to the penalty provisions of Code section 123.50. A violation constitutes a simple misdeameanor punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. The bill additionally provides that a violation shall result in the immediate revocation and surrender of a liquor control license, wine permit, or beer permit, and forfeiture of any required bond to the alcoholic beverages division of the department of commerce.
   The bill takes effect upon enactment.