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