HF 69 (LSB 1111YH (5) 91)

HOUSE FILE 69

BY  A. MEYER

A BILL FOR

An Act relating to the sale, possession, and consumption of alcoholic liquor, wine, or beer on public school property under certain circumstances, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.46, subsection 2, Code 2025, 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.
   b.  A person shall not use or consume alcoholic liquor in any public place except premises covered by a retail alcohol license.
   c.  A person shall not possess or consume alcoholic liquors liquor, wine, or beer on public school property or while attending a public or private school-related function.  However, a school board may authorize the sale, possession, and consumption of alcoholic liquor, wine, or beer on public school property in conjunction with a social event or other nonschool-related function deemed appropriate by the school board. The authorization must require that the sale, possession, and consumption of alcoholic liquor, wine, or beer only occur on public school property that is a licensed premises under a five-day retail alcohol license issued pursuant to section 123.34.
   d.  A person shall not be intoxicated in a public place.
   e.  A person violating this subsection is guilty of a simple misdemeanor.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows for the sale, possession, and consumption of alcoholic liquor, wine, or beer on public school property if authorized by the school board in conjunction with a social event or other nonschool-related function deemed appropriate by the school board and if the premises is covered by a five-day retail alcohol license. Persons may possess or consume alcoholic liquor, wine, or beer at nonschool-related functions on private school property under current law in accordance with Code section 123.46(2).
   Under current law and the bill, the department of revenue, with the approval of a local authority, may issue a retail alcohol license to an applicant to sell alcoholic liquor, wine, or beer at functions sponsored or authorized by the local authority (Code section 123.32(3)). Local authorities may adopt ordinances or regulations for the location of the premises of retail alcohol licensed establishments and for governing any other activities or matters which may affect the retail sale and consumption of alcoholic beverages and the health, welfare, and morals of the community involved (Code section 123.39(2)). Possession or consumption of alcoholic liquor, wine, or beer at public or private higher education facilities is not affected by the bill (Code section 123.3(48)).
   A person who violates Code section 123.46(2) is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   The bill takes effect upon enactment.