SF 2277 (LSB 5355SV (3) 84)

SENATE FILE 2277

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SF 2089)

A BILL FOR

An Act concerning the authority of a liquor control licensee to keep certain mixed drinks or cocktails on the licensed premises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.49, subsection 2, paragraph d, Code Supplement 2011, is amended to read as follows:
   d.
  (1)  Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division, and except mixed drinks or cocktails mixed on the premises for immediate consumption
 
on the licensed premises or as otherwise provided by this paragraph “d”. This prohibition does not apply to common carriers holding a class “D” liquor control license.
   (2)  Mixed drinks or cocktails mixed on the premises that are not for immediate consumption may be consumed on the licensed premises subject to the requirements of this subparagraph pursuant to rules adopted by the division. The rules shall provide that the mixed drinks or cocktails be stored, for no longer than seventy-two hours, in a labeled container in a quantity that does not exceed three gallons. The rules shall also provide that added flavors and other nonbeverage ingredients included in the mixed drinks or cocktails shall not include added caffeine or other added stimulants including but not limited to guarana, ginseng, and taurine. In addition, the rules shall require that the licensee keep records as to when the contents in a particular container were mixed and the recipe used for that mixture.
EXPLANATION
   This bill concerns the authority of a liquor control licensee to keep alcoholic liquor in any container except the original package purchased from the alcoholic beverages division of the department of commerce. Under current law, a liquor control licensee can only permit mixed drinks or cocktails mixed on the premises if they are for immediate consumption. The bill allows drinks or cocktails to be mixed on the premises and kept in a separate container of no more than three gallons for no longer than 72 hours. The bill also requires the alcoholic beverages division to adopt rules regarding the ability to mix drinks or cocktails and provides that the rules shall limit the ability to use certain stimulants in the mixed drinks and require the licensee to keep records of when the contents were mixed and the recipe used for the mixture.