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House Study Bill 90 - IntroducedA Bill ForAn Act 1relating to alcohol beverage control concerning certain
2class “C” liquor control licensees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.30, subsection 3, paragraph c,
2subparagraph (1), Code 2021, is amended to read as follows:
3(1) A class “C” liquor control license may be issued to
4a commercial establishment but must be issued in the name of
5the individuals who actually own the entire business and shall
6authorize the holder to purchase alcoholic liquors in original
7unopened containers from class “E” liquor control licensees
8only, wine from class “A” wine permittees or class “B” wine
9permittees who also hold class “E” liquor control licenses
10only as provided in sections 123.173 and 123.177, and to sell
11alcoholic beverages to patrons by the individual drink for
12consumption on the premises only. However, alcoholic liquor,
13wine, and beer in original unopened containers may also be sold
14for consumption off the premises. In addition, mixed drinks
15or cocktails may also be sold for consumption off the premises
16subject to the requirements of section 123.49, subsection 2,
17paragraph “d”. The holder of a class “C” liquor control license
18may also hold a special class “A” beer permit for the premises
19licensed under a class “C” liquor control license for the
20purpose of operating a brewpub pursuant to this chapter.
21 Sec. 2. Section 123.49, subsection 2, paragraph d,
22subparagraph (3), Code 2021, is amended to read as follows:
23(3) Mixed drinks or cocktails mixed on premises covered
24by a class “C” liquor control license or a class “C” native
25distilled spirits liquor control license for consumption
26off the licensed premises may be sold if the mixed drink or
27cocktail is immediately sealed with a lid or other method of
28securing the product and is promptly taken from the licensed
29premises prior to consumption of the mixed drink or cocktail.
30A mixed drink or cocktail that is sold and sealed in compliance
31with the requirements of this subparagraph and rules adopted
32by the division shall not be deemed an open container subject
33to the requirements of sections 321.284 and 321.284A if the
34sealed container is unopened and the seal has not been tampered
35with, and the contents of the container have not been partially
-1-1removed.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to alcoholic beverage control.
6Code section 123.30, relating to class “C” liquor control
7licensees, is amended to provide that alcoholic liquor, wine,
8and beer sold by a licensee for consumption off the premises
9shall be in original unopened containers.
10Code section 123.49 is amended to provide that mixed drinks
11or cocktails mixed on premises covered by a class “C” liquor
12control license or a class “C” native distilled spirits liquor
13control license for consumption off the licensed premises shall
14be sold and sealed in compliance with rules adopted by the
15alcoholic beverages division of the department of commerce.
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2class “C” liquor control licensees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.30, subsection 3, paragraph c,
2subparagraph (1), Code 2021, is amended to read as follows:
3(1) A class “C” liquor control license may be issued to
4a commercial establishment but must be issued in the name of
5the individuals who actually own the entire business and shall
6authorize the holder to purchase alcoholic liquors in original
7unopened containers from class “E” liquor control licensees
8only, wine from class “A” wine permittees or class “B” wine
9permittees who also hold class “E” liquor control licenses
10only as provided in sections 123.173 and 123.177, and to sell
11alcoholic beverages to patrons by the individual drink for
12consumption on the premises only. However, alcoholic liquor,
13wine, and beer in original unopened containers may also be sold
14for consumption off the premises. In addition, mixed drinks
15or cocktails may also be sold for consumption off the premises
16subject to the requirements of section 123.49, subsection 2,
17paragraph “d”. The holder of a class “C” liquor control license
18may also hold a special class “A” beer permit for the premises
19licensed under a class “C” liquor control license for the
20purpose of operating a brewpub pursuant to this chapter.
21 Sec. 2. Section 123.49, subsection 2, paragraph d,
22subparagraph (3), Code 2021, is amended to read as follows:
23(3) Mixed drinks or cocktails mixed on premises covered
24by a class “C” liquor control license or a class “C” native
25distilled spirits liquor control license for consumption
26off the licensed premises may be sold if the mixed drink or
27cocktail is immediately sealed with a lid or other method of
28securing the product and is promptly taken from the licensed
29premises prior to consumption of the mixed drink or cocktail.
30A mixed drink or cocktail that is sold and sealed in compliance
31with the requirements of this subparagraph and rules adopted
32by the division shall not be deemed an open container subject
33to the requirements of sections 321.284 and 321.284A if the
34sealed container is unopened and the seal has not been tampered
35with, and the contents of the container have not been partially
-1-1removed.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to alcoholic beverage control.
6Code section 123.30, relating to class “C” liquor control
7licensees, is amended to provide that alcoholic liquor, wine,
8and beer sold by a licensee for consumption off the premises
9shall be in original unopened containers.
10Code section 123.49 is amended to provide that mixed drinks
11or cocktails mixed on premises covered by a class “C” liquor
12control license or a class “C” native distilled spirits liquor
13control license for consumption off the licensed premises shall
14be sold and sealed in compliance with rules adopted by the
15alcoholic beverages division of the department of commerce.
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