Iowa 2021-2022 Regular Session Status: Enacted

HF 384 — A bill for an act relating to alcohol beverage control concerning certain class “C” liquor control licenses, hours of sale of alcoholic beverages on Sunday, and the delivery of certain alcoholic beverages. (Formerly HSB 90.) Effective date: 07/01/2021.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2021. Enacted.

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Bill Text

What changed in the latest version

244 added · 262 removed

244 line(s) added, 262 removed.

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K i m R e y n o l d s O f f i c e o f t h e G o v e r n o r A d a m G r e g g G O V E R N O R L T G O V E R N O R June8,2021 T h e Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 Dear Mr.Secretary, Iherebytransmit;
House File 384 - Enrolled House File 384 AN ACT RELATING TO ALCOHOL BEVERAGE CONTROL CONCERNING CERTAIN CLASS “C” LIQUOR CONTROL LICENSES, HOURS OF SALE OF ALCOHOLIC BEVERAGES ON SUNDAY, AND THE DELIVERY OF CERTAIN ALCOHOLIC BEVERAGES.
HouseFile384,anActrelatingtoalcoholbeveragecontrolconcerningcertainClass"C" Liquorcontrollicenses,hoursofsaleofalcoholicbeveragesonSunday,andthedeliveryof certainalcoholicbeverages.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveHouseFileisherebyapprovedonthisdate.
Sincerelv, Governor of lo cc:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319 515.281.5211 FAX 515.725.352WWW.GOVERNOR.IOWA.GOV RIGHT rill11lillII11.11111III1:11:11I lilillllllilililHIMM IIIHIilllllliliHIIILIIJIIIHW ;is£i Hi !i n!S!S]iJiMsi »inis3igi Hi ni!ni ui Mi ni!i!i n!i!i ti !i ni!il H o u s e F i l e 3 8 4 A N A C T R E L A T I N G T O A L C O H O L B E V E R A G E C O N T R O L C O N C E R N I N G C E R T A I N C L A S S "C" LIQUOR CONTROL LICENSES, HOURS OP SALE OF ALCOHOLIC BEVERAGES ON SUNDAY, AND THE DELIVERY OF CERTAIN ALCOHOLIC B E V E R A G E S .
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O F T H E S T A T E O F I O W A :
Section 123.3, subsection 11, Code 2021, is a m e n d e d t o r e a d a s f o l l o w s :
Section 123.3, subsection 11, Code 2021, is amended to read as follows:
"^Canned cocktail" means a mixed drink or cocktail that is premixed and packaged in a metal can and contains more than six and twenty-five hundredths percent of alcohol by volume but not more than fifteen percent of alcohol by volume.
“Canned cocktail” means a mixed drink or cocktail that is premixed and packaged in a metal can and contains more than six and twenty-five hundredths percent of alcohol by volume but not more than fifteen percent of alcohol by volume.
A mixed drink or cocktail mixed and packaged in a metal can pursuant to section 123.49, subsection 2, paragraph "^d", subparagraph (3), s h a l l n o t b e c o n s i d e r e d a c a n n e d c o c k t a i l .
A mixed drink or cocktail mixed and packaged in a metal can pursuant to section 123.49, subsection 2, paragraph “d”, subparagraph (3), shall not be considered a canned cocktail.
(1) A class "C" liquor control license may be issued to a c o m m e r c i a l establishment b u t m u s t be issued in the name o f the individuals who actually own the entire business and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class ^^E" liquor control licensees only, wine from class '"A" wine permittees or class ^^B" wine permittees who also hold class ^^E" liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to patrons by the individual drink for House File 384, p.
(1) A class “C” liquor control license may be issued to a commercial establishment but must be issued in the name of the individuals who actually own the entire business and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class “E” liquor control licensees only, wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to patrons by the individual drink for House File 384, p.
In addition, mixed drinks or cocktails may also be sold for consumption off the premises subject to the requirements of section 123.49, subsection 2, paragraph The holder of a class liquor control license may also hold a special class beer permit for the premises licensed under a class "^C" liquor control license for the purpose of operating a brewpub pursuant to this chapter.
In addition, mixed drinks or cocktails may also be sold for consumption off the premises subject to the requirements of section 123.49, subsection 2, paragraph “d”.
The holder of a class “C” liquor control license may also hold a special class “A” beer permit for the premises licensed under a class “C” liquor control license for the purpose of operating a brewpub pursuant to this chapter.
Section 123.36, subsection 6 , Code 2021, is amended t or e a a sf o l l o w s :
Section 123.36, subsection 6, Code 2021, is amended to read as follows:
Any club, hotel, motel, native distillery, passenger-carrying boat or ship, railway corporation, air common carrier, or commercial establishment holding a liquor control license, subject to section 123.49, subsection 2, paragraph may apply for and receive permission to sell and dispense alcoholic beverages as authorized by section 123.30 to patrons between the hours of 8:00 6:00 a.m.
Any club, hotel, motel, native distillery, passenger-carrying boat or ship, railway corporation, air common carrier, or commercial establishment holding a liquor control license, subject to section 123.49, subsection 2, paragraph “b”, may apply for and receive permission to sell and dispense alcoholic beverages as authorized by section 123.30 to patrons between the hours of 8:00 6:00 a.m.
Section 123.46A, subsections 1 and 2, Code 2021, are a m e n dt or e aa sf o l l o w s :
Section 123.46A, subsections 1 and 2, Code 2021, are amended to read as follows:
Deliveries shall be limited to alcoholic beverages authorized by the licensee's or permittee's license or permit.
Deliveries shall be limited to alcoholic beverages authorized by the licensee’s or permittee’s license or permit.
Orders delivered to another licensed premises shall be fulfilled using House Pile 384, p.
Orders delivered to another licensed premises shall be fulfilled using House File 384, p.
If the recipient refuses or fails to pick up the delivery, or is ineligible to receive the delivery, the alcoholic beverages shall be returned to the licensee or permittee who fulfilled t h o r d e r .
If the recipient refuses or fails to pick up the delivery, or is ineligible to receive the delivery, the alcoholic beverages shall be returned to the licensee or permittee who fulfilled the order.
All deliveries of alcoholic liquor, wine, or- beer, or mixed drinks or cocktails shall be subject to the following requirements and restrictions:
All deliveries of alcoholic liquor, wine, or beer, or mixed drinks or cocktails shall be subject to the following requirements and restrictions:
Payment for the alcoholic liquor, wine, er- beer, or mixed drinks or cocktails shall be received by the licensee or permittee at the time of order.
Payment for the alcoholic liquor, wine, or beer, or mixed drinks or cocktails shall be received by the licensee or permittee at the time of order.
on a day other than Sunday, and orders for deliveries may be t a k eb e t w t h h o u o f 2 :
on a day other than Sunday, and orders for deliveries may be taken between the hours of 2:00 a.m.
0a .
and 8:00 6:00 a.m.
ma n 8 ;
on a Sunday provided the licensee or permittee has been granted the privilege of selling alcoholic liquor, wine, or beer, or mixed drinks or cocktails on Sunday, notwithstanding any provision of section 123.49, subsection 2, paragraph “b”, to the contrary.
06 :
0 a .
mo na Sunday provided the licensee or permittee has been granted the privilege of selling alcoholic liquor, wine, or- beer, or mixed drinks or cocktails on Sunday, notwithstanding any provision of section 123.49, subsection 2, paragraph ''''b", to the contrary.
Alcoholic liquor, wine, or- beer, or mixed drinks or cocktails delivered to a person shall be for personal use and n o t f or e s a l e .
Alcoholic liquor, wine, or beer, or mixed drinks or cocktails delivered to a person shall be for personal use and not for resale.
Delivery of alcoholic liquor, wine, or- beer, or mixed drinks or cocktails shall be made by the licensee or permittee, or the licensee's or permittee's employee, and not by a third party.
Delivery of alcoholic liquor, wine, or beer, or mixed drinks or cocktails shall be made by the licensee or permittee, or the licensee’s or permittee’s employee, and not by a third party.
Delivery personnel shall be twenty-one years of age or o l d e r .
Delivery personnel shall be twenty-one years of age or older.
Valid proof of the recipient's identity and age shall House File 384, p.
Valid proof of the recipient’s identity and age shall House File 384, p.
Licensees and permittees shall maintain records of deliveries which include the quantity delivered, the recipient's name and address, and the signature of the recipient of the alcoholic liquor, wine, or- beer, or mixed d r i n k sc o c k t a T h er e c o r d s b em a i n t a o nt h e licensed premises for a period of three years.
Licensees and permittees shall maintain records of deliveries which include the quantity delivered, the recipient’s name and address, and the signature of the recipient of the alcoholic liquor, wine, or beer, or mixed drinks or cocktails.
J-5—Orders dolivGrod to another liconsod promises shall contain only those alcoholic beverages authorized for sale by the liquor control license or retail wine or beer permit covering the premises to receive the delivery.
The records shall be maintained on the licensed premises for a period of three years.
m-.—Orders delivered to another licensed premises shall be fulfilled using the alcoholic beverages inventory owned by the licensee or permittee who received the order for delivery.
l.
1# the recipient refuses or fails to pick up the delivery, or is ineligible to receive the delivery, the alcoholic beverages shall be returned to the licensee or permittee who fulfilled t h o r d e r .
Orders delivered to another licensed premises shall contain only those alcoholic beverages authorized for sale by the liquor control license or retail wine or beer permit covering the premises to receive the delivery.
m.
Orders delivered to another licensed premises shall be fulfilled using the alcoholic beverages inventory owned by the licensee or permittee who received the order for delivery.
If the recipient refuses or fails to pick up the delivery, or is ineligible to receive the delivery, the alcoholic beverages shall be returned to the licensee or permittee who fulfilled the order.
lA.
1A.
Deliveries shall be limited to alcoholic beverages authorized by the licensee's or permittee's license or permit..
Deliveries shall be limited to alcoholic beverages authorized by the licensee’s or permittee’s license or permit.
Section 123.49, subsection 2, paragraph b.
Section 123.49, subsection 2, paragraph b, Code 2021, is amended to read as follows:
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Code 2021, is amended to read as follows:
Sell or dispense any alcoholic beverage on the premises covered by the license or permit, or permit its consumption t h e r eb e t w t h h o u o f2 :
Sell or dispense any alcoholic beverage on the premises covered by the license or permit, or permit its consumption thereon between the hours of 2:00 a.m.
0 a .
and 6:00 a.m.
ma n 6 :
on a weekday, and between the hours of 2:00 a.m.
0a .
m o na weekday, and between the hours of 2:00 a.m.
Section 123.49, subsection 2, paragraph d, subparagraphs (2) and (3), Code 2021, are amended to read as f o l l o w s :
Section 123.49, subsection 2, paragraph d, subparagraphs (2) and (3), Code 2021, are amended to read as follows:
In addition^ the The rules shall also require that the licensee keep records as to when the contents in a particular container were mixed and the recipe used for that mixture.
In addition, the The rules shall also require that the licensee keep records as to when the contents in a particular container were mixed and the recipe used for that mixture.
(3) Mixed drinks or cocktails mixed on premises covered by a class liquor control license or a class native distilled spirits liquor control license for consumption off the licensed premises may be sold if the mixed drink or cocktail is immediately sealed with a lid or other method of securing the product filled in a sealed container and is promptly taken from the licensed premises prior to consumption o ft h m i x ed r i o rc o c k t a A m i x d r i o rc o c k t a i l that is sold and sealed in a sealed container in compliance with the requirements of this subparagraph and rules adopted by the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered House File 384, p.
(3) Mixed drinks or cocktails mixed on premises covered by a class “C” liquor control license or a class “C” native distilled spirits liquor control license for consumption off the licensed premises may be sold if the mixed drink or cocktail is immediately sealed with a lid or other method of securing the product filled in a sealed container and is promptly taken from the licensed premises prior to consumption of the mixed drink or cocktail.
6 with, and the contents of the container have not been partially r e m o v e d .
A mixed drink or cocktail that is sold and sealed in a sealed container in compliance with the requirements of this subparagraph and rules adopted by the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered House File 384, p.
6 with, and the contents of the container have not been partially removed.
Section 123.49, subsection 2, paragraph d.
Section 123.49, subsection 2, paragraph d, Code 2021, is amended by adding the following new subparagraph:
Code 2021, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH .
NEW SUBPARAGRAPH.
(a) "^Sealed container" means a vessel, including a substantial or sturdy plastic container and a vacuum or heat-sealed pouch, containing a mixed drink or cocktail that is designed to prevent consumption without removal of a tamper-evident lid, cap, or seal.
(a) “Sealed container” means a vessel, including a substantial or sturdy plastic container and a vacuum or heat-sealed pouch, containing a mixed drink or cocktail that is designed to prevent consumption without removal of a tamper-evident lid, cap, or seal.
^Sealed container" does not include a container with a sipping hole or other opening for a straw, unless the hole or other opening includes a tamper-evident seal, but a straw may be separately provided with a sealed container to the consumer for off-premises consumption.
“Sealed container” does not include a container with a sipping hole or other opening for a straw, unless the hole or other opening includes a tamper-evident seal, but a straw may be separately provided with a sealed container to the consumer for off-premises consumption.
(b) "^Tamper-evident" means a lid, cap, or seal that visibly demonstrates when a container has been opened.
(b) “Tamper-evident” means a lid, cap, or seal that visibly demonstrates when a container has been opened.
Section 123.134, subsection 4, Code 2021, is amended t or e a a sf o l l o w s :
Section 123.134, subsection 4, Code 2021, is amended to read as follows:
Any club, hotel, motel, or commercial establishment holding a class "b" beer permit, subject to the provisions of section 123.49, subsection 2, paragraph may apply for and receive permission to sell and dispense beer to patrons on Sunday for consumption on or off the premises between the hours of 8:00 6:00 a.m.
Any club, hotel, motel, or commercial establishment holding a class “B” beer permit, subject to the provisions of section 123.49, subsection 2, paragraph “b”, may apply for and receive permission to sell and dispense beer to patrons on Sunday for consumption on or off the premises between the hours of 8:00 6:00 a.m.
Any class ^"C" beer permittee may sell beer for consumption off the premises between the hours of 8;00 6:00 a.m.
Any class “C” beer permittee may sell beer for consumption off the premises between the hours of 8:00 6:00 a.m.
Section 123.150, Code 2021, is amended to read as f o l l o w s :
Section 123.150, Code 2021, is amended to read as follows:
123.150 Sunday sales before New Year's Day.
123.150 Sunday sales before New Year’s Day.
Notwithstanding section 123.36, subsection 6, section 123.49, subsection 2, paragraph and section 123.134, subsection 4, a holder of any class of liquor control license or the holder of a class ~B" beer permit may sell or dispense House File 384, p.
Notwithstanding section 123.36, subsection 6, section 123.49, subsection 2, paragraph “b”, and section 123.134, subsection 4, a holder of any class of liquor control license or the holder of a class “B” beer permit may sell or dispense House File 384, p.
7 alcoholic liquor, wine, or beer to patrons for consumption on the premises between the hours of 8;00 6:00 a.m.
7 alcoholic liquor, wine, or beer to patrons for consumption on the premises between the hours of 8:00 6:00 a.m.
on Monday when that Monday is New Year's Day and beer for consumption off the premises between the hours of 8:00 6:00 a.m.
on Monday when that Monday is New Year’s Day and beer for consumption off the premises between the hours of 8:00 6:00 a.m.
on the following Monday when that Sunday is the day before New Year's Day.
on the following Monday when that Sunday is the day before New Year’s Day.
The liquor control license fee or beer permit fee of licensees and permittees permitted to sell or dispense liquor, wine, or beer on a Sunday when that Sunday is the day before New Year's Day shall not be increased because of this privilege.
The liquor control license fee or beer permit fee of licensees and permittees permitted to sell or dispense liquor, wine, or beer on a Sunday when that Sunday is the day before New Year’s Day shall not be increased because of this privilege.
The special privileges granted in this section are in force only during the specified times.provided in this section.
The special privileges granted in this section are in force only during the specified times provided in this section.
P A G R A S S L E Y Speaker of t P r e s i do ft h S e n a t e I hereby certify that this bill originated in the House and is known as House File 384, Eighty-ninth General Assembly.
______________________________ ______________________________ PAT GRASSLEY JAKE CHAPMAN Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 384, Eighty-ninth General Assembly.
M^d^N N ELSON Chief Clerlwof the House Approved 2 0 2 1 K I R E Y N O L D S G o v e r n o r
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2021 ______________________________ KIM REYNOLDS Governor
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Amendments

4 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Explanation of vote.

  4. Explanation of vote.

  5. Explanation of vote.

  6. Message from House.

  7. Immediate message.

  8. Passed House, yeas 85, nays 1.

  9. House concurred in Senate amendment H-1434.

  10. Senate amendment H-1434 filed.

  11. Message from Senate.

  12. Immediate message.

  13. Passed Senate, yeas 45, nays 3.

  14. Amendment S-3095 adopted, as amended.

  15. Amendment S-3149 adopted.

  16. Amendment S-3149 to S-3095 filed.

  17. Placed on calendar under unfinished business.

  18. Amendment S-3095 filed.

  19. Committee report, recommending amendment and passage.

  20. Subcommittee recommends passage.

  21. Subcommittee Meeting: 03/10/2021 1:30PM RM 24A.

  22. Subcommittee: Johnson, Bisignano, and Koelker.

  23. Explanation of vote.

  24. Explanation of vote.

  25. Referred to State Government.

  26. Read first time, passed on file.

  27. Message from House.

  28. Explanation of vote.

  29. Immediate message.

  30. Passed House, yeas 92, nays none.

  31. Amendment H-1058 adopted.

  32. Amendment H-1058 filed.

  33. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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This bill has been enacted into law. Introduced February 04, 2021. Enacted.
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