Senate File 2107 - Introduced SENATE FILE 2107 BY LOFGREN A BILL FOR An Act permitting a city to create entertainment districts 1 allowing for the possession or consumption of alcoholic 2 beverages in certain public places. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5587XS (1) 91 jm/ns

S.F. 2107 Section 1. Section 123.30, subsection 5, paragraph a, Code 1 2026, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) An entertainment district, if 3 the holder of the retail alcohol license is a participating 4 licensee within an entertainment district and in compliance 5 with the ordinance adopted under section 414.34. 6 Sec. 2. Section 123.32, Code 2026, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 3A. Licensed premises for entertainment 9 districts. A local authority that is a city may define, by 10 ordinance as provided in section 414.34, licensed premises 11 which shall be used by holders of retail alcohol licenses in 12 an entertainment district. The licensed premises defined by 13 ordinance shall be used by the holders of a class “C” or a 14 special class “C” license. 15 Sec. 3. Section 123.46, subsection 2, Code 2026, is amended 16 to read as follows: 17 2. a. A person shall not use or consume alcoholic liquor, 18 wine, or beer upon the public streets or highways. A person 19 shall not use or consume alcoholic liquor in any public 20 place except premises covered by a retail alcohol license. 21 A person shall not possess or consume alcoholic liquors, 22 wine, or beer on public school property or while attending a 23 public or private school-related function. A person shall not 24 be intoxicated in a public place. A person violating this 25 subsection is guilty of a simple misdemeanor. 26 b. Notwithstanding paragraph “a” , a person may possess 27 or consume alcoholic liquor, wine, or beer upon the public 28 streets, highways, or public places within an entertainment 29 district if the possession or consumption complies with the 30 ordinance adopted under section 414.34. 31 Sec. 4. NEW SECTION . 414.34 Entertainment districts. 32 1. As used in this section: 33 a. “Entertainment district” or “district” means licensed 34 premises that allow for the possession and consumption of 35 -1- LSB 5587XS (1) 91 jm/ns 1/ 4

S.F. 2107 alcoholic liquor, wine, and beer on public streets, sidewalks, 1 and other public spaces within the boundaries of the district 2 that are consistent with this section. 3 b. “Licensed premises” means the same as defined in section 4 123.3, except that it is limited to a place that is wholly 5 within the confines of contiguous grounds. 6 c. “Marked container” means a nonglass container that 7 identifies the retail alcohol licensee providing the alcoholic 8 liquor, beer, or wine in the container to the consumer within 9 the entertainment district. 10 d. “Retail alcohol licensee” means the holder of a class “C” 11 or special class “C” license issued under section 123.30. 12 2. A city may define licensed premises by ordinance that 13 designates an entertainment district for use by retail alcohol 14 licensees. 15 3. An ordinance adopted pursuant to this section must 16 include all of the following: 17 a. A legal description or map of the district. 18 b. The days and hours the possession and consumption of 19 alcoholic liquor, wine, and beer are permitted within the 20 district. 21 c. Requirements for marked container identification. 22 d. Participation requirements for retail alcohol licensees 23 within the district. 24 e. Enforcement provisions and penalties for violations. 25 f. Procedures for the revocation or suspension of all of the 26 following: 27 (1) The participation of retail alcohol licensees for 28 violations. 29 (2) The entertainment district itself for public safety 30 concerns or other matters. 31 4. An ordinance adopted by a city shall not be construed to 32 authorize any of the following: 33 a. Consumption of an alcoholic beverage in a motor vehicle 34 or on the public streets, sidewalks, and other public spaces 35 -2- LSB 5587XS (1) 91 jm/ns 2/ 4

S.F. 2107 during the times when the ordinance is not in effect. 1 b. Possession or consumption of an alcoholic beverage in 2 a manner contrary to the provisions of chapter 123 except as 3 otherwise provided by an ordinance adopted pursuant to this 4 section. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill permits a city to create entertainment districts 9 (district) allowing for the possession or consumption of 10 alcoholic beverages in certain public places. 11 A city may define by ordinance a licensed premises which 12 may be used by holders of class “C” or special class “C” 13 retail alcohol licenses in a district. “Licensed premises” 14 generally includes areas where alcoholic beverages may be sold 15 or consumed under the authority of a retail alcohol license. A 16 class “C” license allows commercial establishments like bars 17 and restaurants to sell alcoholic liquor, wine, and beer, and a 18 special class “C” license allows such establishments to sell 19 just wine and beer. 20 The bill defines a “district” to mean licensed premises that 21 allow for the possession and consumption of alcoholic liquor, 22 wine, and beer on public roadways, sidewalks, and other public 23 spaces within the boundaries of the district. 24 An ordinance adopted pursuant to the bill is required to 25 include the following: (1) a legal description or map of the 26 district, (2) the days and hours the possession and consumption 27 of alcoholic beverages is permitted, (3) the requirements for 28 containers containing alcoholic beverages consumed in the 29 district, (4) the requirements for retail alcohol licensees 30 participating in the district, (5) enforcement provisions, and 31 (6) revocation and suspension provisions for the retail alcohol 32 licensees and the district. 33 The bill specifies an ordinance shall not be construed to 34 authorize the consumption of alcoholic beverages in a motor 35 -3- LSB 5587XS (1) 91 jm/ns 3/ 4

S.F. 2107 vehicle or on public streets, sidewalks, and other public 1 spaces during the times when the ordinance is not in effect, 2 or the possession or consumption of alcoholic beverages in a 3 manner contrary to the provisions of Code chapter 123 (alcohol 4 beverage control). 5 -4- LSB 5587XS (1) 91 jm/ns 4/ 4