House Study Bill 663 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act concerning the sale and off-premises transportation and 1 consumption of certain containers of wine. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6342YC (3) 88 ec/rn

H.F. _____ Section 1. Section 123.178, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. A person holding a class “B” wine permit may sell wine at 3 retail for consumption off the premises. Wine shall be sold 4 for consumption off the premises in original containers only 5 except as provided in subsection 4 . 6 Sec. 2. Section 123.178, Code 2020, is amended by adding the 7 following new subsections: 8 NEW SUBSECTION . 4. Subject to the rules of the division, 9 sales made pursuant to this section may be made in a container 10 other than the original container only if all of the following 11 requirements are met: 12 a. The wine is transferred from the original container to 13 the container to be sold on the licensed premises at the time 14 of sale. 15 b. The person transferring the wine from the original 16 container to the container to be sold shall be eighteen years 17 of age or more. 18 c. The container to be sold shall be no larger than 19 seventy-two ounces. 20 d. The container to be sold shall be securely sealed by a 21 method authorized by the division that is designed so that if 22 the sealed container is reopened or the seal tampered with, it 23 is visibly apparent that the seal on the container of wine has 24 been tampered with or the sealed container has otherwise been 25 reopened. 26 NEW SUBSECTION . 5. A container of wine other than the 27 original container that is sold and sealed in compliance 28 with the requirements of subsection 4 and the rules of the 29 division shall not be deemed an open container subject to the 30 requirements of sections 321.284 and 321.284A if the sealed 31 container is unopened and the seal has not been tampered with, 32 and the contents of the container have not been partially 33 removed. 34 Sec. 3. Section 123.178A, subsection 1, Code 2020, is 35 -1- LSB 6342YC (3) 88 ec/rn 1/ 4

H.F. _____ amended to read as follows: 1 1. A person holding a class “B” native wine permit may sell 2 native wine only at retail for consumption off the premises. 3 Native wine shall be sold for consumption off the premises in 4 original containers only except as provided in subsection 4 . 5 Sec. 4. Section 123.178A, Code 2020, is amended by adding 6 the following new subsections: 7 NEW SUBSECTION . 4. Subject to the rules of the division, 8 sales made pursuant to this section may be made in a container 9 other than the original container only if all of the following 10 requirements are met: 11 a. The wine 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 wine 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 wine has 23 been tampered with or the sealed container has otherwise been 24 reopened. 25 NEW SUBSECTION . 5. A container of wine other than the 26 original container that is sold and sealed in compliance 27 with the requirements of subsection 4 and the rules of the 28 division shall not be deemed an open container subject to the 29 requirements of sections 321.284 and 321.284A if the sealed 30 container is unopened and the seal has not been tampered with, 31 and the contents of the container have not been partially 32 removed. 33 Sec. 5. Section 123.178B, subsection 1, Code 2020, is 34 amended to read as follows: 35 -2- LSB 6342YC (3) 88 ec/rn 2/ 4

H.F. _____ 1. A person holding a class “C” native wine permit may 1 sell native wine only at retail for consumption on or off the 2 premises. Sales of wine for consumption off the premises made 3 pursuant to this section shall be made in original containers 4 except as provided in subsection 5. 5 Sec. 6. Section 123.178B, Code 2020, is amended by adding 6 the following new subsections: 7 NEW SUBSECTION . 5. Subject to the rules of the division, 8 sales made pursuant to this section may be made in a container 9 other than the original container only if all of the following 10 requirements are met: 11 a. The wine 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 wine 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 wine has 23 been tampered with or the sealed container has otherwise been 24 reopened. 25 NEW SUBSECTION . 6. A container of wine other than the 26 original container that is sold and sealed in compliance 27 with the requirements of subsection 5 and the rules of the 28 division shall not be deemed an open container subject to the 29 requirements of sections 321.284 and 321.284A if the sealed 30 container is unopened and the seal has not been tampered with, 31 and the contents of the container have not been partially 32 removed. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 6342YC (3) 88 ec/rn 3/ 4

H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill provides that a person holding a class “B” wine 2 permit, class “B” native wine permit, or class “C” native wine 3 permit who is authorized to sell wine for consumption off 4 the licensed premises may sell wine for consumption of the 5 premises in a container other than the original container if 6 certain requirements are met. The bill requires the wine to 7 be transferred from the original container to the container 8 to be sold on the licensed premises, the person transferring 9 the wine shall be 18 years of age or more, the container to be 10 sold shall be no larger than 72 ounces, and the container to 11 be sold shall be securely sealed by a method authorized by the 12 alcoholic beverages division of the department of commerce. 13 The bill also provides that the sealed container of wine is 14 not considered an open container for purposes of those Code 15 sections prohibiting open containers of alcohol in vehicles. 16 -4- LSB 6342YC (3) 88 ec/rn 4/ 4