HF 2074 (LSB 5587YH (2) 91)

HOUSE FILE 2074

BY  COLLINS

A BILL FOR

An Act permitting a city to create entertainment districts allowing for the possession or consumption of alcoholic beverages in certain public places.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.30, subsection 5, paragraph a, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  An entertainment district, if the holder of the retail alcohol license is a participating licensee within an entertainment district and in compliance with the ordinance adopted under section 414.34.
    Sec. 2.  Section 123.32, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Licensed premises for entertainment districts.  A local authority that is a city may define, by ordinance as provided in section 414.34, licensed premises which shall be used by holders of retail alcohol licenses in an entertainment district. The licensed premises defined by ordinance shall be used by the holders of a class “C” or a special class “C” license.
    Sec. 3.  Section 123.46, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place except premises covered by a retail alcohol license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending a public or private school-related function. A person shall not be intoxicated in a public place. A person violating this subsection is guilty of a simple misdemeanor.
   b.  Notwithstanding paragraph “a”, a person may possess or consume alcoholic liquor, wine, or beer upon the public streets, highways, or public places within an entertainment district if the possession or consumption complies with the ordinance adopted under section 414.34.
    Sec. 4.  NEW SECTION.  414.34  Entertainment districts.
   1.  As used in this section:
   a.  “Entertainment district” or “district” means licensed premises that allow for the possession and consumption of alcoholic liquor, wine, and beer on public streets, sidewalks, and other public spaces within the boundaries of the district that are consistent with this section.
   b.  “Licensed premises” means the same as defined in section 123.3, except that it is limited to a place that is wholly within the confines of contiguous grounds.
   c.  “Marked container” means a nonglass container that identifies the retail alcohol licensee providing the alcoholic liquor, beer, or wine in the container to the consumer within the entertainment district.
   d.  “Retail alcohol licensee” means the holder of a class “C” or special class “C” license issued under section 123.30.
   2.  A city may define licensed premises by ordinance that designates an entertainment district for use by retail alcohol licensees.
   3.  An ordinance adopted pursuant to this section must include all of the following:
   a.  A legal description or map of the district.
   b.  The days and hours the possession and consumption of alcoholic liquor, wine, and beer are permitted within the district.
   c.  Requirements for marked container identification.
   d.  Participation requirements for retail alcohol licensees within the district.
   e.  Enforcement provisions and penalties for violations.
   f.  Procedures for the revocation or suspension of all of the following:
   (1)  The participation of retail alcohol licensees for violations.
   (2)  The entertainment district itself for public safety concerns or other matters.
   4.  An ordinance adopted by a city shall not be construed to authorize any of the following:
   a.  Consumption of an alcoholic beverage in a motor vehicle or on the public streets, sidewalks, and other public spaces during the times when the ordinance is not in effect.
   b.  Possession or consumption of an alcoholic beverage in a manner contrary to the provisions of chapter 123 except as otherwise provided by an ordinance adopted pursuant to this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill permits a city to create entertainment districts (district) allowing for the possession or consumption of alcoholic beverages in certain public places.
   A city may define by ordinance a licensed premises which may be used by holders of class “C” or special class “C” retail alcohol licenses in a district. “Licensed premises” generally includes areas where alcoholic beverages may be sold or consumed under the authority of a retail alcohol license. A class “C” license allows commercial establishments like bars and restaurants to sell alcoholic liquor, wine, and beer, and a special class “C” license allows such establishments to sell just wine and beer.
   The bill defines a “district” to mean licensed premises that allow for the possession and consumption of alcoholic liquor, wine, and beer on public roadways, sidewalks, and other public spaces within the boundaries of the district.
   An ordinance adopted pursuant to the bill is required to include the following: (1) a legal description or map of the district, (2) the days and hours the possession and consumption of alcoholic beverages is permitted, (3) the requirements for containers containing alcoholic beverages consumed in the district, (4) the requirements for retail alcohol licensees participating in the district, (5) enforcement provisions, and (6) revocation and suspension provisions for the retail alcohol licensees and the district.
   The bill specifies an ordinance shall not be construed to authorize the consumption of alcoholic beverages in a motor vehicle or on public streets, sidewalks, and other public spaces during the times when the ordinance is not in effect, or the possession or consumption of alcoholic beverages in a manner contrary to the provisions of Code chapter 123 (alcohol beverage control).