Senate Study Bill 1118 - IntroducedA Bill ForAn Act 1relating to canned cocktails and including effective
2date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 123.3, Code 2019, is amended by adding
2the following new subsections:
3   NEW SUBSECTION.  10A.  “Canned cocktail” means a mixed drink
4or cocktail that is premixed and packaged in a metal can and
5contains more than six and twenty-five hundredths percent of
6alcohol by volume but not more than fifteen percent of alcohol
7by volume.
8   NEW SUBSECTION.  28A.  “Mixed drink or cocktail” means an
9alcoholic beverage, composed in whole or in part of alcoholic
10liquor, that is combined with other alcoholic beverages or
11nonalcoholic beverages or ingredients including but not limited
12to ice, water, soft drinks, or flavorings.
13   Sec. 2.  Section 123.3, subsection 5, Code 2019, is amended
14to read as follows:
   155.  “Alcoholic liquor” means the varieties of liquor defined
16in subsections 3 and 44 which contain more than five percent of
17alcohol by weight, beverages made as described in subsection 7
18which beverages contain more than five percent of alcohol by
19weight or six and twenty-five hundredths percent of alcohol by
20volume but which are not wine as defined in subsection 48, or
21 high alcoholic content beer as defined in subsection 20, or
22canned cocktails as defined in subsection 10A,
and every other
23liquid or solid, patented or not, containing spirits and every
24beverage obtained by the process described in subsection 48
25containing more than seventeen percent alcohol by weight or
26twenty-one and twenty-five hundredths percent of alcohol by
27volume, and susceptible of being consumed by a human being,
28for beverage purposes. Alcohol manufactured in this state
29for use as fuel pursuant to an experimental distilled spirits
30plant permit or its equivalent issued by the federal bureau of
31alcohol, tobacco and firearms is not an “alcoholic liquor”.
32   Sec. 3.  NEW SECTION.  123.126A  Canned cocktails —
33applicability.
   34Unless otherwise provided by this chapter, the provisions
35of this chapter applicable to beer shall also apply to canned
-1-1cocktails.
2   Sec. 4.  Section 123A.2, Code 2019, is amended by adding the
3following new subsection:
4   NEW SUBSECTION.  6A.  “Canned cocktail” means as defined in
5section 123.3.
6   Sec. 5.  NEW SECTION.  123A.13  Canned cocktails —
7applicability of chapter.
   8The provisions of this chapter that apply to a brewer and
9wholesaler of beer shall apply to a manufacturer and wholesaler
10of canned cocktails.
11   Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of immediate
12importance, takes effect upon enactment.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
   16This bill concerns canned cocktails.
   17Code section 123.3 is amended by adding definitions for
18“canned cocktail” and “mixed drink or cocktail” and amending
19the definition of “alcoholic liquor”. “Canned cocktail” is
20defined as a mixed drink or cocktail that is premixed, packaged
21in a metal can, and contains more than 6.25 percent, but not
22more than 15 percent, of alcohol by volume. “Mixed drink or
23cocktail” is defined as an alcoholic beverage, consisting in
24whole or in part of alcoholic liquors, that is combined with
25other alcoholic or nonalcoholic beverages. The definition of
26“alcoholic liquor” is also amended to exclude canned cocktails.
   27New Code section 123.126A provides that the provisions of
28Code chapter 123 applicable to beer shall also apply to canned
29cocktails.
   30New Code section 123A.13 provides that the provisions of
31Code chapter 123A that apply to brewers and wholesalers of
32beer also apply to manufacturers and wholesalers of canned
33cocktails.
   34The bill takes effect upon enactment.
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