Bill Text: IA HSB298 | 2025-2026 | 91st General Assembly | Introduced
Bill Title: A bill for an act concerning alcoholic beverage control.
Spectrum: Committee Bill
Status: (Introduced) 2025-03-05 - Subcommittee recommends passage. [HSB298 Detail]
Download: Iowa-2025-HSB298-Introduced.html
House
Study
Bill
298
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
BLOOMINGDALE)
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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2931YC
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ll/ns
H.F.
_____
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
123.43A,
subsection
6,
paragraph
a,
Code
4
2025,
is
amended
to
read
as
follows:
5
a.
Notwithstanding
any
provision
of
this
chapter
to
the
6
contrary
or
the
fact
that
a
person
is
the
holder
of
a
class
7
“A”
native
distilled
spirits
license,
a
native
distillery
may
8
be
granted
a
class
“C”
retail
alcohol
license
as
defined
in
9
section
123.30
for
the
same
premises
licensed
under
a
class
10
“A”
native
distilled
spirits
license
where
the
manufacturing
11
of
native
distilled
spirits
occurs.
A
native
distillery
may
12
be
granted
not
more
than
two
three
class
“C”
retail
alcohol
13
licenses.
A
native
distillery
may
be
issued
a
class
“C”
retail
14
alcohol
license
regardless
of
whether
the
native
distillery
is
15
also
a
manufacturer
of
beer
pursuant
to
a
class
“A”
beer
permit
16
or
a
manufacturer
of
native
wine
pursuant
to
a
class
“A”
wine
17
permit.
18
Sec.
4.
Section
123.45,
subsection
3,
paragraph
b,
Code
19
2025,
is
amended
to
read
as
follows:
20
b.
Notwithstanding
any
other
provision
of
this
chapter
or
21
the
fact
that
a
person
is
the
holder
of
a
class
“A”
beer
permit,
22
a
native
brewery
may
be
granted
a
class
“C”
retail
alcohol
23
license
or
a
special
class
“C”
retail
alcohol
license,
both
24
as
defined
in
section
123.30
,
for
the
same
premises
licensed
25
under
a
class
“A”
beer
permit
where
the
manufacturing
of
beer
26
occurs.
A
native
brewery
may
be
granted
not
more
than
two
27
three
class
“C”
retail
alcohol
licenses
or
two
special
class
28
“C”
retail
alcohol
licenses.
A
native
brewery
may
be
issued
a
29
class
“C”
retail
alcohol
license
or
a
special
class
“C”
retail
30
alcohol
license
regardless
of
whether
that
person
is
also
a
31
manufacturer
of
native
distilled
spirits
pursuant
to
a
class
32
“A”
native
distilled
spirits
license
or
a
manufacturer
of
33
native
wine
pursuant
to
a
class
“A”
wine
permit.
34
Sec.
5.
Section
123.130,
subsection
1,
paragraph
a,
Code
35
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2025,
is
amended
to
read
as
follows:
1
a.
Any
person
holding
a
class
“A”
beer
permit
issued
by
2
the
department
shall
be
authorized
to
manufacture
and
sell,
or
3
sell
at
wholesale,
beer
for
consumption
off
the
premises,
such
4
sales
within
the
state
to
be
made
only
to
persons
holding
a
5
subsisting
class
“A”
beer
permit,
or
retail
alcohol
licenses,
6
excluding
a
special
class
“B”
retail
native
wine
license,
7
issued
in
accordance
with
the
provisions
of
this
chapter
.
8
However,
a
person
holding
a
class
“A”
beer
permit
issued
by
9
the
department
who
also
holds
a
brewer’s
notice
issued
by
the
10
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
11
department
of
the
treasury
shall
be
authorized
to
sell,
at
12
wholesale,
no
more
than
thirty
thirty-eight
thousand
barrels
13
of
beer
on
an
annual
basis
for
consumption
off
the
premises
to
14
a
licensee
licensees
authorized
under
this
chapter
to
sell
beer
15
at
retail.
16
Sec.
6.
Section
123.130,
subsection
2,
Code
2025,
is
amended
17
to
read
as
follows:
18
2.
Pursuant
to
section
123.45,
subsection
3
,
a
native
19
brewery
may
be
granted
not
more
than
two
three
class
“C”
retail
20
alcohol
licenses
or
not
more
than
two
three
special
class
“C”
21
retail
alcohol
licenses.
22
Sec.
7.
Section
123.173,
subsection
2,
Code
2025,
is
amended
23
to
read
as
follows:
24
2.
A
class
“A”
wine
permit
allows
the
holder
to
manufacture
25
and
sell,
or
sell
at
wholesale,
in
this
state,
wine.
The
26
holder
of
a
class
“A”
wine
permit
may
manufacture
in
this
state
27
wine
having
an
alcoholic
content
greater
than
seventeen
percent
28
by
weight
or
twenty-one
and
twenty-five
hundredths
percent
29
of
alcohol
by
volume
for
shipment
outside
this
state.
All
30
class
“A”
premises
shall
be
located
within
the
state.
However,
31
a
native
winery
holding
a
class
“A”
wine
permit
issued
by
32
the
department
who
also
holds
a
basic
permit
issued
by
the
33
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
34
department
of
the
treasury
shall
be
authorized
to
sell,
at
35
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wholesale,
no
more
than
one
hundred
fifty
thousand
gallons
of
1
wine
on
an
annual
basis
for
consumption
off
the
premises
to
2
licensees
authorized
under
this
chapter
to
sell
wine
at
retail.
3
Sec.
8.
Section
123.175,
subsection
2,
paragraph
g,
Code
4
2025,
is
amended
by
striking
the
paragraph.
5
Sec.
9.
Section
123.176,
subsection
5,
paragraph
a,
Code
6
2025,
is
amended
to
read
as
follows:
7
a.
Notwithstanding
any
other
provision
of
this
chapter
8
or
the
fact
that
a
person
is
the
holder
of
a
class
“A”
wine
9
permit,
a
person
engaged
in
the
business
of
manufacturing
10
native
wine
may
be
granted
a
class
“C”
retail
alcohol
license
11
or
special
class
“C”
retail
native
wine
license
as
defined
in
12
section
123.30
for
the
same
premises
licensed
under
a
class
“A”
13
wine
permit
where
the
manufacturing
of
native
wine
occurs.
A
14
manufacturer
of
native
wine
may
be
granted
not
more
than
two
15
three
class
“C”
retail
alcohol
licenses
or
special
class
“C”
16
retail
native
wine
licenses.
A
manufacturer
of
native
wine
17
may
be
issued
a
class
“C”
retail
alcohol
license
or
special
18
class
“C”
retail
native
wine
license
regardless
of
whether
the
19
manufacturer
is
also
a
manufacturer
of
beer
pursuant
to
a
class
20
“A”
beer
permit
or
a
manufacturer
of
native
distilled
spirits
21
pursuant
to
a
class
“A”
native
distilled
spirits
license.
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
relates
to
alcoholic
beverage
control.
26
Under
current
law,
a
person
holding
a
retail
alcohol
license
27
to
sell
alcoholic
beverages
for
consumption
on
the
licensed
28
premises
may
permit
a
customer
to
carry
an
open
container
29
of
wine
from
the
person’s
licensed
premises
into
another
30
immediately
adjacent
licensed
premises
that
is
covered
by
a
31
license
or
permit
that
authorizes
the
consumption
of
wine,
a
32
temporarily
closed
public
right-of-way,
or
a
private
place.
33
The
bill
allows
a
licensee
to
permit
a
customer
to
carry
any
34
alcoholic
beverage
in
an
open
container
to
an
immediately
35
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adjacent
licensed
premises
authorized
to
sell
the
same
type
of
1
alcoholic
beverage
for
consumption
on
the
licensed
premises,
2
a
temporarily
closed
public
right-of-way,
or
a
private
place.
3
The
bill
allows
the
licensee
of
the
immediately
adjacent
4
licensed
premises,
or
owner
of
the
immediately
adjacent
private
5
place,
to
refuse
to
allow
the
customer
to
enter
the
licensed
6
premises
or
private
place
with
an
open
container.
7
Under
current
law,
the
following
retail
alcohol
licenses
8
may
be
issued
to
native
manufacturers
for
the
same
premises
9
where
manufacturing
occurs:
a
native
distillery
may
be
granted
10
not
more
than
two
class
“C”
retail
alcohol
licenses,
a
native
11
brewery
may
be
granted
not
more
than
two
class
“C”
retail
12
alcohol
licenses
or
two
special
class
“C”
retail
alcohol
13
licenses,
and
a
native
winery
may
be
granted
not
more
than
14
two
class
“C”
retail
alcohol
licenses
or
two
special
class
15
“C”
retail
native
wine
licenses.
A
class
“C”
retail
alcohol
16
license
allows
for
the
sale
and
on-premises
consumption
of
17
alcoholic
liquor,
wine,
or
beer
and
the
sale
of
alcoholic
18
liquor,
wine,
and
beer
in
original
unopened
containers
for
19
consumption
off
the
premises.
A
special
class
“C”
retail
20
alcohol
license
allows
for
the
sale
and
consumption
of
wine
21
and
beer
on
the
premises
and
the
sale
of
wine
and
beer
in
22
original
unopened
containers
for
consumption
off
the
premises.
23
A
special
class
“C”
retail
native
wine
license
allows
beer
and
24
native
wine
to
be
sold
for
on-
or
off-premises
consumption.
25
The
bill
allows
native
manufacturers
to
be
issued
not
more
than
26
three
of
the
currently
authorized
retail
alcohol
licenses.
27
Under
current
law,
a
class
“A”
beer
permit
holder
who
also
28
holds
a
brewer’s
notice
issued
by
the
alcohol
and
tobacco
29
tax
and
trade
bureau
of
the
United
States
department
of
30
the
treasury
(bureau),
also
known
as
a
native
brewery,
is
31
authorized
to
sell,
at
wholesale,
no
more
than
30,000
barrels
32
of
beer
on
an
annual
basis
to
off-premises
licensees.
The
bill
33
increases
this
to
no
more
than
38,000
barrels
of
beer.
34
The
bill
imposes
a
limit
on
a
class
“A”
wine
permit
holder
35
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_____
who
also
holds
a
basic
permit
issued
by
the
bureau,
also
1
known
as
a
native
winery,
of
no
more
than
150,000
gallons
of
2
wine
annually
that
may
be
sold
at
wholesale
to
off-premises
3
retailers
of
wine.
4
The
bill
eliminates
the
$5,000
bond
requirement
for
class
5
“A”
wine
permit
holders.
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