Bill Text: IA HSB29 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to sales of mixed drinks or cocktails for consumption off the premises and including effective date provisions.(See HF 433.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2023-02-24 - Committee report approving bill, renumbered as HF 433. [HSB29 Detail]

Download: Iowa-2023-HSB29-Introduced.html
House Study Bill 29 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF COMMERCE/ALCOHOLIC BEVERAGES DIVISION BILL) A BILL FOR An Act relating to sales of mixed drinks or cocktails for 1 consumption off the premises and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1194XD (2) 90 ec/rn
S.F. _____ H.F. _____ Section 1. Section 123.49, subsection 2, paragraph d, 1 subparagraph (3), Code 2023, is amended to read as follows: 2 (3) Mixed drinks or cocktails mixed on premises covered 3 by a class “C” retail alcohol license for consumption off the 4 licensed premises may be sold if the mixed drink or cocktail is 5 immediately filled in a sealed container packaged upon receipt 6 of an order by a consumer of legal age in a container bearing a 7 lid or other method of securing the contents of the container 8 and is promptly taken from the licensed premises prior to 9 consumption of the mixed drink or cocktail. A mixed drink 10 or cocktail that is sold in a sealed container in compliance 11 with the requirements of this subparagraph and rules adopted 12 by the division shall not be deemed an open container subject 13 to the requirements of sections 321.284 and 321.284A if the 14 sealed container is unopened and the seal has not been tampered 15 with, and the contents of the container have not been partially 16 removed . 17 Sec. 2. Section 123.49, subsection 2, paragraph d, 18 subparagraph (4), Code 2023, is amended by striking the 19 subparagraph. 20 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 21 importance, takes effect upon enactment. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill concerns the sale of mixed drinks or cocktails 26 mixed on premises covered by a class “C” retail alcohol 27 license for consumption off the licensed premises. The bill 28 eliminates the requirement that the mixed drinks or cocktails 29 be immediately filled in a sealed container and strikes 30 provisions defining a sealed container. Instead, the bill 31 requires the mixed drink or cocktail to be packaged upon 32 receipt of an order in a container with a lid or other method of 33 securing the contents. The bill further provides that mixed 34 drinks or cocktails sold in compliance with the requirements of 35 -1- LSB 1194XD (2) 90 ec/rn 1/ 2
S.F. _____ H.F. _____ the bill shall be considered an open container for purposes of 1 restrictions on drivers and passengers possessing a receptacle 2 containing an alcoholic beverage in a motor vehicle. The bill 3 takes effect upon enactment. 4 -2- LSB 1194XD (2) 90 ec/rn 2/ 2
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