Senate
Study
Bill
1193
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
BOUSSELOT)
A
BILL
FOR
An
Act
concerning
alcoholic
beverage
control.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
123.30,
subsection
4,
Code
2025,
is
1
amended
to
read
as
follows:
2
4.
Notwithstanding
any
provision
of
this
chapter
to
the
3
contrary,
a
person
holding
a
retail
alcohol
license
to
sell
4
alcoholic
beverages
for
consumption
on
the
licensed
premises
5
may
permit
a
customer
to
remove
one
unsealed
bottle
of
wine
6
for
consumption
off
the
premises
if
the
customer
has
purchased
7
and
consumed
a
portion
of
the
bottle
of
wine
on
the
licensed
8
premises.
The
licensee
or
the
licensee’s
agent
shall
securely
9
reseal
such
bottle
in
a
bag
designed
so
that
it
is
visibly
10
apparent
that
the
resealed
bottle
of
wine
has
not
been
tampered
11
with
and
provide
a
dated
receipt
for
the
resealed
bottle
of
12
wine
to
the
customer.
A
wine
bottle
resealed
pursuant
to
the
13
requirements
of
this
subsection
is
subject
to
the
requirements
14
of
sections
321.284
and
321.284A
.
A
person
holding
a
retail
15
alcohol
license
to
sell
alcoholic
beverages
for
consumption
on
16
the
licensed
premises
may
permit
a
customer
to
carry
an
open
17
container
of
wine
from
the
person’s
licensed
premises
into
18
another
immediately
adjacent
licensed
premises
that
is
covered
19
by
a
license
or
permit
that
authorizes
the
consumption
of
wine,
20
a
temporarily
closed
public
right-of-way,
or
a
private
place.
21
Sec.
2.
Section
123.30,
Code
2025,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
5.
a.
Notwithstanding
any
provision
of
24
this
chapter
to
the
contrary,
a
person
holding
a
retail
alcohol
25
license
to
sell
alcoholic
beverages
for
consumption
on
the
26
licensed
premises
may
permit
a
customer
to
carry
an
alcoholic
27
beverage
in
an
open
container
from
the
licensed
premises
to
any
28
of
the
following
immediately
adjacent
locations:
29
(1)
A
licensed
premises
authorized
to
sell
the
same
type
of
30
alcoholic
beverage
for
consumption
on
the
licensed
premises.
31
(2)
A
temporarily
closed
public
right-of-way.
32
(3)
A
private
place.
33
b.
The
licensee
of
the
immediately
adjacent
licensed
34
premises,
or
owner
of
the
immediately
adjacent
private
35
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_____
place,
may
refuse
to
allow
the
customer
to
enter
the
licensed
1
premises
or
private
place
with
an
alcoholic
beverage
in
an
open
2
container.
3
Sec.
3.
Section
123.43,
Code
2025,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
5.
For
purposes
of
this
section,
6
“premises”
,
in
addition
to
premises
as
defined
in
section
123.3,
7
may
include
any
of
the
following
noncontiguous
locations,
8
provided
that
such
noncontiguous
locations
are
approved
by
the
9
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
10
department
of
the
treasury:
11
a.
Any
number
of
locations
which
are
only
separated
from
12
the
premises
as
defined
in
section
123.3
by
public
waterways,
13
roads,
or
carrier
rights-of-way.
14
b.
Any
number
of
locations
in
the
same
general
location
as
15
the
premises
as
defined
in
section
123.3.
16
c.
An
additional
warehouse
or
warehouses,
located
somewhere
17
other
than
on
the
premises
as
defined
in
section
123.3
or
a
18
location
described
in
paragraph
“a”
or
“b”
.
19
Sec.
4.
Section
123.43A,
subsection
6,
paragraph
a,
Code
20
2025,
is
amended
to
read
as
follows:
21
a.
Notwithstanding
any
provision
of
this
chapter
to
the
22
contrary
or
the
fact
that
a
person
is
the
holder
of
a
class
23
“A”
native
distilled
spirits
license,
a
native
distillery
may
24
be
granted
a
class
“C”
retail
alcohol
license
as
defined
in
25
section
123.30
for
the
same
premises
licensed
under
a
class
26
“A”
native
distilled
spirits
license
where
the
manufacturing
27
of
native
distilled
spirits
occurs.
A
native
distillery
may
28
be
granted
not
more
than
two
three
class
“C”
retail
alcohol
29
licenses.
A
native
distillery
may
be
issued
a
class
“C”
retail
30
alcohol
license
regardless
of
whether
the
native
distillery
is
31
also
a
manufacturer
of
beer
pursuant
to
a
class
“A”
beer
permit
32
or
a
manufacturer
of
native
wine
pursuant
to
a
class
“A”
wine
33
permit.
34
Sec.
5.
Section
123.45,
subsection
3,
paragraph
b,
Code
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2025,
is
amended
to
read
as
follows:
1
b.
Notwithstanding
any
other
provision
of
this
chapter
or
2
the
fact
that
a
person
is
the
holder
of
a
class
“A”
beer
permit,
3
a
native
brewery
may
be
granted
a
class
“C”
retail
alcohol
4
license
or
a
special
class
“C”
retail
alcohol
license,
both
5
as
defined
in
section
123.30
,
for
the
same
premises
licensed
6
under
a
class
“A”
beer
permit
where
the
manufacturing
of
beer
7
occurs.
A
native
brewery
may
be
granted
not
more
than
two
8
three
class
“C”
retail
alcohol
licenses
or
two
special
class
9
“C”
retail
alcohol
licenses.
A
native
brewery
may
be
issued
a
10
class
“C”
retail
alcohol
license
or
a
special
class
“C”
retail
11
alcohol
license
regardless
of
whether
that
person
is
also
a
12
manufacturer
of
native
distilled
spirits
pursuant
to
a
class
13
“A”
native
distilled
spirits
license
or
a
manufacturer
of
14
native
wine
pursuant
to
a
class
“A”
wine
permit.
15
Sec.
6.
Section
123.127,
subsection
2,
paragraph
g,
Code
16
2025,
is
amended
by
striking
the
paragraph.
17
Sec.
7.
Section
123.130,
subsection
1,
paragraph
a,
Code
18
2025,
is
amended
to
read
as
follows:
19
a.
Any
person
holding
a
class
“A”
beer
permit
issued
by
20
the
department
shall
be
authorized
to
manufacture
and
sell,
or
21
sell
at
wholesale,
beer
for
consumption
off
the
premises,
such
22
sales
within
the
state
to
be
made
only
to
persons
holding
a
23
subsisting
class
“A”
beer
permit,
or
retail
alcohol
licenses,
24
excluding
a
special
class
“B”
retail
native
wine
license,
25
issued
in
accordance
with
the
provisions
of
this
chapter
.
26
However,
a
person
holding
a
class
“A”
beer
permit
issued
by
27
the
department
who
also
holds
a
brewer’s
notice
issued
by
the
28
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
29
department
of
the
treasury
shall
be
authorized
to
sell,
at
30
wholesale,
no
more
than
thirty
thirty-eight
thousand
barrels
31
of
beer
on
an
annual
basis
for
consumption
off
the
premises
to
32
a
licensee
licensees
authorized
under
this
chapter
to
sell
beer
33
at
retail.
34
Sec.
8.
Section
123.130,
subsection
2,
Code
2025,
is
amended
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to
read
as
follows:
1
2.
Pursuant
to
section
123.45,
subsection
3
,
a
native
2
brewery
may
be
granted
not
more
than
two
three
class
“C”
retail
3
alcohol
licenses
or
not
more
than
two
three
special
class
“C”
4
retail
alcohol
licenses.
5
Sec.
9.
Section
123.173,
subsection
2,
Code
2025,
is
amended
6
to
read
as
follows:
7
2.
A
class
“A”
wine
permit
allows
the
holder
to
manufacture
8
and
sell,
or
sell
at
wholesale,
in
this
state,
wine.
The
9
holder
of
a
class
“A”
wine
permit
may
manufacture
in
this
state
10
wine
having
an
alcoholic
content
greater
than
seventeen
percent
11
by
weight
or
twenty-one
and
twenty-five
hundredths
percent
12
of
alcohol
by
volume
for
shipment
outside
this
state.
All
13
class
“A”
premises
shall
be
located
within
the
state.
However,
14
a
native
winery
holding
a
class
“A”
wine
permit
issued
by
15
the
department
who
also
holds
a
basic
permit
issued
by
the
16
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
17
department
of
the
treasury
shall
be
authorized
to
sell,
at
18
wholesale,
no
more
than
one
hundred
fifty
thousand
gallons
of
19
wine
on
an
annual
basis
for
consumption
off
the
premises
to
20
licensees
authorized
under
this
chapter
to
sell
wine
at
retail.
21
Sec.
10.
Section
123.175,
subsection
2,
paragraph
g,
Code
22
2025,
is
amended
by
striking
the
paragraph.
23
Sec.
11.
Section
123.176,
subsection
5,
paragraph
a,
Code
24
2025,
is
amended
to
read
as
follows:
25
a.
Notwithstanding
any
other
provision
of
this
chapter
26
or
the
fact
that
a
person
is
the
holder
of
a
class
“A”
wine
27
permit,
a
person
engaged
in
the
business
of
manufacturing
28
native
wine
may
be
granted
a
class
“C”
retail
alcohol
license
29
or
special
class
“C”
retail
native
wine
license
as
defined
in
30
section
123.30
for
the
same
premises
licensed
under
a
class
“A”
31
wine
permit
where
the
manufacturing
of
native
wine
occurs.
A
32
manufacturer
of
native
wine
may
be
granted
not
more
than
two
33
three
class
“C”
retail
alcohol
licenses
or
special
class
“C”
34
retail
native
wine
licenses.
A
manufacturer
of
native
wine
35
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may
be
issued
a
class
“C”
retail
alcohol
license
or
special
1
class
“C”
retail
native
wine
license
regardless
of
whether
the
2
manufacturer
is
also
a
manufacturer
of
beer
pursuant
to
a
class
3
“A”
beer
permit
or
a
manufacturer
of
native
distilled
spirits
4
pursuant
to
a
class
“A”
native
distilled
spirits
license.
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
relates
to
alcoholic
beverage
control.
9
Under
current
law,
a
person
holding
a
retail
alcohol
license
10
to
sell
alcoholic
beverages
for
consumption
on
the
licensed
11
premises
may
permit
a
customer
to
carry
an
open
container
12
of
wine
from
the
person’s
licensed
premises
into
another
13
immediately
adjacent
licensed
premises
that
is
covered
by
a
14
license
or
permit
that
authorizes
the
consumption
of
wine,
a
15
temporarily
closed
public
right-of-way,
or
a
private
place.
16
The
bill
allows
a
licensee
to
permit
a
customer
to
carry
any
17
alcoholic
beverage
in
an
open
container
to
an
immediately
18
adjacent
licensed
premises
authorized
to
sell
the
same
type
of
19
alcoholic
beverage
for
consumption
on
the
licensed
premises,
20
a
temporarily
closed
public
right-of-way,
or
a
private
place.
21
The
bill
allows
the
licensee
of
the
immediately
adjacent
22
licensed
premises,
or
owner
of
the
immediately
adjacent
private
23
place,
to
refuse
to
allow
the
customer
to
enter
the
licensed
24
premises
or
private
place
with
an
open
container.
25
Under
current
law,
Code
section
123.3
defines
“licensed
26
premises”
or
“premises”
to
mean
all
rooms,
enclosures,
27
contiguous
areas,
or
places
susceptible
of
precise
description
28
satisfactory
to
the
director
of
revenue
where
alcoholic
29
beverages,
wine,
or
beer
is
sold
or
consumed
under
authority
30
of
a
retail
alcohol
license,
wine
permit,
or
beer
permit.
31
A
single
licensed
premises
may
consist
of
multiple
rooms,
32
enclosures,
areas,
or
places
if
they
are
wholly
within
the
33
confines
of
a
single
building
or
contiguous
grounds.
For
34
purposes
of
an
application
for
and
issuance
of
a
class
“A”
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native
distilled
spirits
license,
the
bill
modifies
the
term
1
“premises”
to
include,
in
addition
to
the
definition
in
Code
2
section
123.3,
any
number
of
locations
which
are
only
separated
3
from
the
premises
by
public
waterways,
roads,
or
carrier
4
rights-of-way,
any
number
of
locations
in
the
same
general
5
location
as
the
premises,
and
an
additional
warehouse
or
6
warehouses
located
elsewhere,
if
approved
by
the
alcohol
and
7
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
8
the
treasury
(bureau).
9
Under
current
law,
the
following
retail
alcohol
licenses
10
may
be
issued
to
native
manufacturers
for
the
same
premises
11
where
manufacturing
occurs:
a
native
distillery
may
be
granted
12
not
more
than
two
class
“C”
retail
alcohol
licenses,
a
native
13
brewery
may
be
granted
not
more
than
two
class
“C”
retail
14
alcohol
licenses
or
two
special
class
“C”
retail
alcohol
15
licenses,
and
a
native
winery
may
be
granted
not
more
than
16
two
class
“C”
retail
alcohol
licenses
or
two
special
class
17
“C”
retail
native
wine
licenses.
A
class
“C”
retail
alcohol
18
license
allows
for
the
sale
and
on-premises
consumption
of
19
alcoholic
liquor,
wine,
or
beer
and
the
sale
of
alcoholic
20
liquor,
wine,
and
beer
in
original
unopened
containers
for
21
consumption
off
the
premises.
A
special
class
“C”
retail
22
alcohol
license
allows
for
the
sale
and
consumption
of
wine
23
and
beer
on
the
premises
and
the
sale
of
wine
and
beer
in
24
original
unopened
containers
for
consumption
off
the
premises.
25
A
special
class
“C”
retail
native
wine
license
allows
beer
and
26
native
wine
to
be
sold
for
on-
or
off-premises
consumption.
27
The
bill
allows
native
manufacturers
to
be
issued
not
more
than
28
three
of
the
currently
authorized
retail
alcohol
licenses.
29
Under
current
law,
a
class
“A”
beer
permit
holder
who
also
30
holds
a
brewer’s
notice
issued
by
the
bureau,
also
known
as
a
31
native
brewery,
is
authorized
to
sell,
at
wholesale,
no
more
32
than
30,000
barrels
of
beer
on
an
annual
basis
to
off-premises
33
licensees.
The
bill
increases
this
to
no
more
than
38,000
34
barrels
of
beer.
35
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The
bill
imposes
a
limit
on
a
class
“A”
wine
permit
holder
1
who
also
holds
a
basic
permit
issued
by
the
bureau,
also
2
known
as
a
native
winery,
of
no
more
than
150,000
gallons
of
3
wine
annually
that
may
be
sold
at
wholesale
to
off-premises
4
retailers
of
wine.
5
The
bill
eliminates
the
$10,000
bond
requirement
for
class
6
“A”
beer
permit
holders
and
the
$5,000
bond
requirement
for
7
class
“A”
wine
permit
holders.
8
-7-
LSB
2678XC
(3)
91
ll/ns
7/
7