HF 384 (LSB 1386HV (1) 89)

HOUSE FILE 384

BY  COMMITTEE ON COMMERCE

(SUCCESSOR TO HSB 90)

A BILL FOR

An Act relating to alcohol beverage control concerning certain class “C” liquor control licensees. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.30, subsection 3, paragraph c, subparagraph (1), Code 2021, is amended to read as follows:
   (1)  A class “C” liquor control license may be issued to a commercial establishment but must be issued in the name of the individuals who actually own the entire business and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class “E” liquor control licensees only, wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to patrons by the individual drink for consumption on the premises only. However, alcoholic liquor, wine, and beer in original unopened containers may also be sold for consumption off the premises. In addition, mixed drinks or cocktails may also be sold for consumption off the premises subject to the requirements of section 123.49, subsection 2, paragraph “d”. The holder of a class “C” liquor control license may also hold a special class “A” beer permit for the premises licensed under a class “C” liquor control license for the purpose of operating a brewpub pursuant to this chapter.
    Sec. 2.  Section 123.49, subsection 2, paragraph d, subparagraph (3), Code 2021, is amended to read as follows:
   (3)  Mixed drinks or cocktails mixed on premises covered by a class “C” liquor control license or a class “C” native distilled spirits liquor control license for consumption off the licensed premises may be sold if the mixed drink or cocktail is immediately sealed with a lid or other method of securing the product and is promptly taken from the licensed premises prior to consumption of the mixed drink or cocktail. A mixed drink or cocktail that is sold and sealed in compliance with the requirements of this subparagraph and rules adopted by the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to alcoholic beverage control.
   Code section 123.30, relating to class “C” liquor control licensees, is amended to provide that alcoholic liquor, wine, and beer sold by a licensee for consumption off the premises shall be in original unopened containers.
   Code section 123.49 is amended to provide that mixed drinks or cocktails mixed on premises covered by a class “C” liquor control license or a class “C” native distilled spirits liquor control license for consumption off the licensed premises shall be sold and sealed in compliance with rules adopted by the alcoholic beverages division of the department of commerce.