Senate
File
1
-
Introduced
SENATE
FILE
1
BY
SCHOENJAHN
A
BILL
FOR
An
Act
prohibiting
the
manufacture,
sale,
or
distribution
1
of
caffeinated
alcoholic
beverages,
making
penalties
2
applicable,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1181XS
(2)
84
rn/nh
S.F.
1
Section
1.
Section
123.3,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8B.
“Caffeinated
alcoholic
beverage”
means
3
any
beverage
containing
more
than
one-half
of
one
percent
of
4
alcohol
by
volume,
including
alcoholic
liquor,
wine,
and
beer,
5
to
which
caffeine
is
added.
6
Sec.
2.
Section
123.49,
subsection
2,
Code
2011,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
m.
Manufacture
for
sale,
sell,
offer
or
9
keep
for
sale,
import,
distribute,
transport,
or
possess
any
10
caffeinated
alcoholic
beverage.
11
Sec.
3.
Section
123.50,
subsection
2,
Code
2011,
is
amended
12
to
read
as
follows:
13
2.
The
conviction
of
any
liquor
control
licensee,
wine
14
permittee,
or
beer
permittee
for
a
violation
of
any
of
the
15
provisions
of
section
123.49
,
subject
to
subsection
3
of
this
16
section
,
is
grounds
for
the
suspension
or
revocation
of
the
17
license
or
permit
by
the
division
or
the
local
authority.
18
However,
if
any
liquor
control
licensee
is
convicted
of
any
19
violation
of
subsection
2
,
paragraph
“a”
,
“d”
,
or
“e”
,
or
“m”
20
of
that
section,
or
any
wine
or
beer
permittee
is
convicted
of
21
a
violation
of
paragraph
“a”
,
or
“e”
,
or
“m”
of
that
section,
22
the
liquor
control
license,
wine
permit,
or
beer
permit
shall
23
be
revoked
and
shall
immediately
be
surrendered
by
the
holder,
24
and
the
bond,
if
any,
of
the
license
or
permit
holder
shall
be
25
forfeited
to
the
division.
26
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
27
immediate
importance,
takes
effect
upon
enactment.
28
EXPLANATION
29
This
bill
prohibits
the
manufacturing
for
sale,
sale,
30
offering
or
keeping
for
sale,
importing,
distributing,
31
transporting,
or
possessing
of
a
caffeinated
alcoholic
32
beverage.
The
bill
defines
a
caffeinated
alcoholic
beverage
33
as
any
beverage
containing
more
than
one-half
of
1
percent
of
34
alcohol
by
volume,
including
alcoholic
liquor,
wine,
and
beer,
35
-1-
LSB
1181XS
(2)
84
rn/nh
1/
2
S.F.
1
to
which
caffeine
is
added.
1
A
violation
of
the
bill’s
provisions
is
subject
to
the
2
penalty
provisions
of
Code
section
123.50.
A
violation
3
constitutes
a
simple
misdeameanor
punishable
by
confinement
4
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
5
more
than
$625
or
by
both.
The
bill
additionally
provides
6
that
a
violation
shall
result
in
the
immediate
revocation
and
7
surrender
of
a
liquor
control
license,
wine
permit,
or
beer
8
permit,
and
forfeiture
of
any
required
bond
to
the
alcoholic
9
beverages
division
of
the
department
of
commerce.
10
The
bill
takes
effect
upon
enactment.
11
-2-
LSB
1181XS
(2)
84
rn/nh
2/
2