Senate
File
456
-
Introduced
SENATE
FILE
456
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1171)
A
BILL
FOR
An
Act
concerning
the
sale
and
off-premises
transportation
and
1
consumption
of
certain
containers
of
beer.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1712SV
(3)
86
ec/nh
S.F.
456
Section
1.
Section
123.132,
Code
2015,
is
amended
to
read
1
as
follows:
2
123.132
Authority
under
class
“C”
permit.
3
1.
The
holder
of
a
class
“C”
permit
shall
be
allowed
to
sell
4
beer
to
consumers
at
retail
for
consumption
off
the
premises.
5
The
sales
made
pursuant
to
this
section
shall
be
made
in
6
original
containers
only
except
as
provided
in
subsection
2
.
7
2.
Subject
to
the
rules
of
the
division,
sales
made
pursuant
8
to
this
section
may
be
made
in
a
container
other
than
the
9
original
container
only
if
all
of
the
following
requirements
10
are
met:
11
a.
The
beer
is
transferred
from
the
original
container
to
12
the
container
to
be
sold
on
the
licensed
premises
at
the
time
13
of
sale.
14
b.
The
person
transferring
the
beer
from
the
original
15
container
to
the
container
to
be
sold
shall
be
eighteen
years
16
of
age
or
more.
17
c.
The
container
to
be
sold
shall
be
no
larger
than
18
seventy-two
ounces.
19
d.
The
container
to
be
sold
shall
be
securely
sealed
by
a
20
method
authorized
by
the
division
that
is
designed
so
that
if
21
the
sealed
container
is
reopened
or
the
seal
tampered
with,
it
22
is
visibly
apparent
that
the
seal
on
the
container
of
beer
has
23
been
tampered
with
or
the
sealed
container
has
otherwise
been
24
reopened.
25
3.
A
container
of
beer
other
than
the
original
container
26
that
is
sold
and
sealed
in
compliance
with
the
requirements
of
27
subsection
2
and
the
division’s
rules
shall
not
be
deemed
an
28
open
container
subject
to
the
requirements
of
sections
321.284
29
and
321.284A
if
the
sealed
container
is
unopened
and
the
seal
30
has
not
been
tampered
with.
31
4.
The
holder
of
a
class
“C”
permit
or
the
permittee’s
32
agents
or
employees
shall
not
sell
beer
to
other
retail
license
33
or
permit
holders
knowing
or
having
reasonable
cause
to
believe
34
that
the
beer
will
be
resold
in
another
licensed
establishment.
35
-1-
LSB
1712SV
(3)
86
ec/nh
1/
2
S.F.
456
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
provides
that
a
person
holding
a
class
“C”
permit
4
authorized
to
sell
beer
for
consumption
off
the
licensed
5
premises
may
sell
beer
in
a
container
other
than
the
original
6
container
if
certain
requirements
are
met.
The
bill
requires
7
the
beer
to
be
transferred
from
the
original
container
to
the
8
container
to
be
sold
on
the
licensed
premises,
the
person
9
transferring
the
beer
shall
be
18
years
of
age
or
more,
10
the
container
to
be
sold
shall
be
no
larger
than
72
ounces,
11
and
the
container
to
be
sold
shall
be
securely
sealed
by
a
12
method
authorized
by
the
alcoholic
beverages
division
of
the
13
department
of
commerce.
The
bill
also
provides
that
the
sealed
14
container
of
beer
is
not
considered
an
open
container
for
15
purposes
of
those
Code
sections
prohibiting
open
containers
of
16
alcohol
in
vehicles.
17
-2-
LSB
1712SV
(3)
86
ec/nh
2/
2