House Study Bill 29 - IntroducedA Bill ForAn Act 1relating to sales of mixed drinks or cocktails for
2consumption off the premises and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 123.49, subsection 2, paragraph d,
2subparagraph (3), Code 2023, is amended to read as follows:
   3(3)  Mixed drinks or cocktails mixed on premises covered
4by a class “C” retail alcohol license for consumption off the
5licensed premises may be sold if the mixed drink or cocktail is
6immediately filled in a sealed container packaged upon receipt
7of an order by a consumer of legal age in a container bearing a
8lid or other method of securing the contents of the container

9 and is promptly taken from the licensed premises prior to
10consumption of the mixed drink or cocktail. A mixed drink
11or cocktail that is sold in a sealed container in compliance
12with the requirements of this subparagraph and rules adopted
13by the division
shall not be deemed an open container subject
14to the requirements of sections 321.284 and 321.284A if the
15sealed container is unopened and the seal has not been tampered
16with, and the contents of the container have not been partially
17removed
.
18   Sec. 2.  Section 123.49, subsection 2, paragraph d,
19subparagraph (4), Code 2023, is amended by striking the
20subparagraph.
21   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate
22importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26This bill concerns the sale of mixed drinks or cocktails
27mixed on premises covered by a class “C” retail alcohol
28license for consumption off the licensed premises. The bill
29eliminates the requirement that the mixed drinks or cocktails
30be immediately filled in a sealed container and strikes
31provisions defining a sealed container. Instead, the bill
32requires the mixed drink or cocktail to be packaged upon
33receipt of an order in a container with a lid or other method of
34securing the contents. The bill further provides that mixed
35drinks or cocktails sold in compliance with the requirements of
-1-1the bill shall be considered an open container for purposes of
2restrictions on drivers and passengers possessing a receptacle
3containing an alcoholic beverage in a motor vehicle. The bill
4takes effect upon enactment.
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