House File 384 - Introduced HOUSE FILE 384 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 90) A BILL FOR An Act relating to alcohol beverage control concerning certain 1 class “C” liquor control licensees. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1386HV (1) 89 je/rn

H.F. 384 Section 1. Section 123.30, subsection 3, paragraph c, 1 subparagraph (1), Code 2021, is amended to read as follows: 2 (1) A class “C” liquor control license may be issued to 3 a commercial establishment but must be issued in the name of 4 the individuals who actually own the entire business and shall 5 authorize the holder to purchase alcoholic liquors in original 6 unopened containers from class “E” liquor control licensees 7 only, wine from class “A” wine permittees or class “B” wine 8 permittees who also hold class “E” liquor control licenses 9 only as provided in sections 123.173 and 123.177 , and to sell 10 alcoholic beverages to patrons by the individual drink for 11 consumption on the premises only. However, alcoholic liquor, 12 wine, and beer in original unopened containers may also be sold 13 for consumption off the premises. In addition, mixed drinks 14 or cocktails may also be sold for consumption off the premises 15 subject to the requirements of section 123.49, subsection 2 , 16 paragraph “d” . The holder of a class “C” liquor control license 17 may also hold a special class “A” beer permit for the premises 18 licensed under a class “C” liquor control license for the 19 purpose of operating a brewpub pursuant to this chapter . 20 Sec. 2. Section 123.49, subsection 2, paragraph d, 21 subparagraph (3), Code 2021, is amended to read as follows: 22 (3) Mixed drinks or cocktails mixed on premises covered 23 by a class “C” liquor control license or a class “C” native 24 distilled spirits liquor control license for consumption 25 off the licensed premises may be sold if the mixed drink or 26 cocktail is immediately sealed with a lid or other method of 27 securing the product and is promptly taken from the licensed 28 premises prior to consumption of the mixed drink or cocktail. 29 A mixed drink or cocktail that is sold and sealed in compliance 30 with the requirements of this subparagraph and rules adopted 31 by the division shall not be deemed an open container subject 32 to the requirements of sections 321.284 and 321.284A if the 33 sealed container is unopened and the seal has not been tampered 34 with, and the contents of the container have not been partially 35 -1- LSB 1386HV (1) 89 je/rn 1/ 2

H.F. 384 removed. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to alcoholic beverage control. 5 Code section 123.30, relating to class “C” liquor control 6 licensees, is amended to provide that alcoholic liquor, wine, 7 and beer sold by a licensee for consumption off the premises 8 shall be in original unopened containers. 9 Code section 123.49 is amended to provide that mixed drinks 10 or cocktails mixed on premises covered by a class “C” liquor 11 control license or a class “C” native distilled spirits liquor 12 control license for consumption off the licensed premises shall 13 be sold and sealed in compliance with rules adopted by the 14 alcoholic beverages division of the department of commerce. 15 -2- LSB 1386HV (1) 89 je/rn 2/ 2