Senate
Study
Bill
1032
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/ALCOHOLIC
BEVERAGES
DIVISION
BILL)
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
1194XD
(2)
90
ec/rn
S.F.
_____
H.F.
_____
Section
1.
Section
123.49,
subsection
2,
paragraph
d,
1
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
2
(3)
Mixed
drinks
or
cocktails
mixed
on
premises
covered
3
by
a
class
“C”
retail
alcohol
license
for
consumption
off
the
4
licensed
premises
may
be
sold
if
the
mixed
drink
or
cocktail
is
5
immediately
filled
in
a
sealed
container
packaged
upon
receipt
6
of
an
order
by
a
consumer
of
legal
age
in
a
container
bearing
a
7
lid
or
other
method
of
securing
the
contents
of
the
container
8
and
is
promptly
taken
from
the
licensed
premises
prior
to
9
consumption
of
the
mixed
drink
or
cocktail.
A
mixed
drink
10
or
cocktail
that
is
sold
in
a
sealed
container
in
compliance
11
with
the
requirements
of
this
subparagraph
and
rules
adopted
12
by
the
division
shall
not
be
deemed
an
open
container
subject
13
to
the
requirements
of
sections
321.284
and
321.284A
if
the
14
sealed
container
is
unopened
and
the
seal
has
not
been
tampered
15
with,
and
the
contents
of
the
container
have
not
been
partially
16
removed
.
17
Sec.
2.
Section
123.49,
subsection
2,
paragraph
d,
18
subparagraph
(4),
Code
2023,
is
amended
by
striking
the
19
subparagraph.
20
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
21
importance,
takes
effect
upon
enactment.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
concerns
the
sale
of
mixed
drinks
or
cocktails
26
mixed
on
premises
covered
by
a
class
“C”
retail
alcohol
27
license
for
consumption
off
the
licensed
premises.
The
bill
28
eliminates
the
requirement
that
the
mixed
drinks
or
cocktails
29
be
immediately
filled
in
a
sealed
container
and
strikes
30
provisions
defining
a
sealed
container.
Instead,
the
bill
31
requires
the
mixed
drink
or
cocktail
to
be
packaged
upon
32
receipt
of
an
order
in
a
container
with
a
lid
or
other
method
of
33
securing
the
contents.
The
bill
further
provides
that
mixed
34
drinks
or
cocktails
sold
in
compliance
with
the
requirements
of
35
-1-
LSB
1194XD
(2)
90
ec/rn
1/
2
S.F.
_____
H.F.
_____
the
bill
shall
be
considered
an
open
container
for
purposes
of
1
restrictions
on
drivers
and
passengers
possessing
a
receptacle
2
containing
an
alcoholic
beverage
in
a
motor
vehicle.
The
bill
3
takes
effect
upon
enactment.
4
-2-
LSB
1194XD
(2)
90
ec/rn
2/
2