House File 309 - Introduced HOUSE FILE 309 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 59) A BILL FOR An Act relating to canned cocktails and including effective 1 date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1141HV (2) 88 ec/rn

H.F. 309 Section 1. Section 123.3, Code 2019, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 10A. “Canned cocktail” means a mixed drink 3 or cocktail that is premixed and packaged in a metal can and 4 contains more than six and twenty-five hundredths percent of 5 alcohol by volume but not more than fifteen percent of alcohol 6 by volume. 7 NEW SUBSECTION . 28A. “Mixed drink or cocktail” means an 8 alcoholic beverage, composed in whole or in part of alcoholic 9 liquor, that is combined with other alcoholic beverages or 10 nonalcoholic beverages or ingredients including but not limited 11 to ice, water, soft drinks, or flavorings. 12 Sec. 2. Section 123.3, subsection 5, Code 2019, is amended 13 to read as follows: 14 5. “Alcoholic liquor” means the varieties of liquor defined 15 in subsections 3 and 44 which contain more than five percent of 16 alcohol by weight, beverages made as described in subsection 7 17 which beverages contain more than five percent of alcohol by 18 weight or six and twenty-five hundredths percent of alcohol by 19 volume but which are not wine as defined in subsection 48 , or 20 high alcoholic content beer as defined in subsection 20 , or 21 canned cocktails as defined in subsection 10A, and every other 22 liquid or solid, patented or not, containing spirits and every 23 beverage obtained by the process described in subsection 48 24 containing more than seventeen percent alcohol by weight or 25 twenty-one and twenty-five hundredths percent of alcohol by 26 volume, and susceptible of being consumed by a human being, 27 for beverage purposes. Alcohol manufactured in this state 28 for use as fuel pursuant to an experimental distilled spirits 29 plant permit or its equivalent issued by the federal bureau of 30 alcohol, tobacco and firearms is not an “alcoholic liquor” . 31 Sec. 3. NEW SECTION . 123.126A Canned cocktails —— 32 applicability. 33 Unless otherwise provided by this chapter, the provisions 34 of this chapter applicable to beer shall also apply to canned 35 -1- LSB 1141HV (2) 88 ec/rn 1/ 2

H.F. 309 cocktails. 1 Sec. 4. Section 123A.2, Code 2019, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 6A. “Canned cocktail” means as defined in 4 section 123.3. 5 Sec. 5. NEW SECTION . 123A.13 Canned cocktails —— 6 applicability of chapter. 7 The provisions of this chapter that apply to a brewer and 8 wholesaler of beer shall apply to a manufacturer and wholesaler 9 of canned cocktails. 10 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 11 importance, takes effect upon enactment. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill concerns canned cocktails. 16 Code section 123.3 is amended by adding definitions for 17 “canned cocktail” and “mixed drink or cocktail” and amending 18 the definition of “alcoholic liquor”. “Canned cocktail” is 19 defined as a mixed drink or cocktail that is premixed, packaged 20 in a metal can, and contains more than 6.25 percent, but not 21 more than 15 percent, of alcohol by volume. “Mixed drink or 22 cocktail” is defined as an alcoholic beverage, consisting in 23 whole or in part of alcoholic liquors, that is combined with 24 other alcoholic or nonalcoholic beverages. The definition of 25 “alcoholic liquor” is also amended to exclude canned cocktails. 26 New Code section 123.126A provides that the provisions of 27 Code chapter 123 applicable to beer shall also apply to canned 28 cocktails. 29 New Code section 123A.13 provides that the provisions of 30 Code chapter 123A that apply to brewers and wholesalers of 31 beer also apply to manufacturers and wholesalers of canned 32 cocktails. 33 The bill takes effect upon enactment. 34 -2- LSB 1141HV (2) 88 ec/rn 2/ 2