House
Study
Bill
90
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/ALCOHOLIC
BEVERAGES
DIVISION
BILL)
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
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1386XD
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S.F.
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H.F.
_____
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
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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
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