House File 769 - Introduced HOUSE FILE 769 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 69) A BILL FOR An Act relating to the sale, possession, and consumption of 1 alcoholic liquor, wine, or beer on public school property 2 under certain circumstances, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1111HV (2) 91 ll/ns

H.F. 769 Section 1. Section 123.46, subsection 2, Code 2025, is 1 amended to read as follows: 2 2. a. A person shall not use or consume alcoholic liquor, 3 wine, or beer upon the public streets or highways. 4 b. A person shall not use or consume alcoholic liquor in 5 any public place except premises covered by a retail alcohol 6 license. 7 c. A person shall not possess or consume alcoholic 8 liquors liquor , wine, or beer on public school property or 9 while attending a public or private school-related function. 10 However, a school board may authorize the sale, possession, and 11 consumption of alcoholic liquor, wine, or beer on public school 12 property in conjunction with a nonschool-related function 13 deemed appropriate by the school board. The authorization must 14 require that the sale, possession, and consumption of alcoholic 15 liquor, wine, or beer only occur on public school property that 16 is a licensed premises under a five-day retail alcohol license 17 issued pursuant to section 123.34 to a person other than the 18 school board. 19 d. A person shall not be intoxicated in a public place. 20 e. A person violating this subsection is guilty of a simple 21 misdemeanor. 22 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 23 importance, takes effect upon enactment. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill allows for the sale, possession, and consumption 28 of alcoholic liquor, wine, or beer on public school property 29 if authorized by the school board in conjunction with a 30 nonschool-related function deemed appropriate by the school 31 board and if the premises is covered by a five-day retail 32 alcohol license issued to a person other than the school board. 33 Persons may possess or consume alcoholic liquor, wine, or beer 34 at nonschool-related functions on private school property under 35 -1- LSB 1111HV (2) 91 ll/ns 1/ 2

H.F. 769 current law in accordance with Code section 123.46(2). 1 Under current law and the bill, the department of revenue, 2 with the approval of a local authority, may issue a retail 3 alcohol license to an applicant to sell alcoholic liquor, 4 wine, or beer at functions sponsored or authorized by the 5 local authority (Code section 123.32(3)). Local authorities 6 may adopt ordinances or regulations for the location of the 7 premises of retail alcohol licensed establishments and for 8 governing any other activities or matters which may affect 9 the retail sale and consumption of alcoholic beverages and 10 the health, welfare, and morals of the community involved 11 (Code section 123.39(2)). Possession or consumption of 12 alcoholic liquor, wine, or beer at public or private higher 13 education facilities is not affected by the bill (Code section 14 123.3(48)). 15 A person who violates Code section 123.46(2) is guilty of 16 a simple misdemeanor. A simple misdemeanor is punishable by 17 confinement for no more than 30 days and a fine of at least $105 18 but not more than $855. 19 The bill takes effect upon enactment. 20 -2- LSB 1111HV (2) 91 ll/ns 2/ 2