HF 2325 (LSB 5587HV (2) 91)

HOUSE FILE 2325

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 2074)

A BILL FOR

An Act permitting a city to create social 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)  A social district, if the holder of the retail alcohol license is a participating licensee within a social district and in compliance with the ordinance adopted under section 414.34.
    Sec. 2.  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 a social district if the possession or consumption complies with the ordinance adopted under section 414.34.
    Sec. 3.  NEW SECTION.  414.34  Social districts.
   1.  As used in this section:
   a.  “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 social district.
   b.  “Retail alcohol licensee” means the holder of a class “C” or special class “C” license issued under section 123.30.
   c.  “Social district” means a defined area in which the possession and consumption of alcoholic liquor, wine, and beer is allowed on public streets, sidewalks, and other public spaces within the boundaries of the district that are consistent with this section.
   2.  A city may define an area by ordinance that designates a social 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 on public streets, sidewalks, and other public places within the district.
   c.  Requirements for marked container use and 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 social 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.
   c.  A prohibition on any participating retail alcohol licensee or other establishment located within the social district from denying entry to the premises of the licensee or establishment to persons who possess alcoholic beverages from other participating retail alcohol licensees.
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 social districts (district) allowing for the possession or consumption of alcoholic beverages in certain public places.
   A city may define by ordinance an area which may be used by holders of class “C” or special class “C” retail alcohol licenses in a district. 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 a defined area that allows 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 and the use of such containers, (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; authorize the possession or consumption of alcoholic beverages in a manner contrary to the provisions of Code chapter 123 (alcohol beverage control); or prohibit a participating retail alcohol licensee in the district or other establishment in the district from denying entry to persons who possess alcohol from other participating retail alcohol licensees in the district.