Senate File 401 - Introduced SENATE FILE 401 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1032) (COMPANION TO LSB 1194HV BY COMMITTEE ON COMMERCE) A BILL FOR An Act relating to sales of mixed drinks or cocktails for 1 consumption off the premises and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1194SV (3) 90 ec/rn
S.F. 401 Section 1. Section 123.49, subsection 2, paragraph d, 1 subparagraph (4), subparagraph division (a), Code 2023, is 2 amended to read as follows: 3 (a) “Sealed container” means a vessel , including a 4 substantial or sturdy plastic container and a vacuum or 5 heat-sealed pouch, containing a mixed drink or cocktail 6 that is designed to prevent consumption without removal of 7 a tamper-evident lid, cap, or seal. “Sealed container” does 8 not include a container with a sipping hole or other opening 9 for a straw, unless the hole or other opening includes a 10 tamper-evident seal, but a straw may be separately provided 11 with a sealed container to the consumer for off-premises 12 consumption a cup made of plastic that is intended for one-time 13 use, or a cup made of paper or polystyrene foam . 14 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 15 importance, takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill concerns the sale of mixed drinks or cocktails 20 mixed on premises covered by a class “C” retail alcohol license 21 for consumption off the licensed premises. 22 Current law allows a mixed drink or cocktail sold in a 23 sealed container to not be considered an open container for 24 purposes of restrictions on drivers and passengers possessing a 25 receptacle containing an alcoholic beverage in a motor vehicle. 26 The bill modifies the definition of sealed container by 27 providing that a cup made of plastic intended for one-time use, 28 a cup made of paper or foam, a cup with a hole that includes 29 a tamper-evident seal, or a vacuum or heat-sealed pouch, is 30 not considered a sealed container. The bill takes effect upon 31 enactment. 32 -1- LSB 1194SV (3) 90 ec/rn 1/ 1