Read the full stored bill text
House
File
2074
-
Introduced
HOUSE
FILE
2074
BY
COLLINS
A
BILL
FOR
An
Act
permitting
a
city
to
create
entertainment
districts
1
allowing
for
the
possession
or
consumption
of
alcoholic
2
beverages
in
certain
public
places.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5587YH
(2)
91
jm/ns
H.F.
2074
Section
1.
Section
123.30,
subsection
5,
paragraph
a,
Code
1
2026,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(4)
An
entertainment
district,
if
3
the
holder
of
the
retail
alcohol
license
is
a
participating
4
licensee
within
an
entertainment
district
and
in
compliance
5
with
the
ordinance
adopted
under
section
414.34.
6
Sec.
2.
Section
123.32,
Code
2026,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
3A.
Licensed
premises
for
entertainment
9
districts.
A
local
authority
that
is
a
city
may
define,
by
10
ordinance
as
provided
in
section
414.34,
licensed
premises
11
which
shall
be
used
by
holders
of
retail
alcohol
licenses
in
12
an
entertainment
district.
The
licensed
premises
defined
by
13
ordinance
shall
be
used
by
the
holders
of
a
class
“C”
or
a
14
special
class
“C”
license.
15
Sec.
3.
Section
123.46,
subsection
2,
Code
2026,
is
amended
16
to
read
as
follows:
17
2.
a.
A
person
shall
not
use
or
consume
alcoholic
liquor,
18
wine,
or
beer
upon
the
public
streets
or
highways.
A
person
19
shall
not
use
or
consume
alcoholic
liquor
in
any
public
20
place
except
premises
covered
by
a
retail
alcohol
license.
21
A
person
shall
not
possess
or
consume
alcoholic
liquors,
22
wine,
or
beer
on
public
school
property
or
while
attending
a
23
public
or
private
school-related
function.
A
person
shall
not
24
be
intoxicated
in
a
public
place.
A
person
violating
this
25
subsection
is
guilty
of
a
simple
misdemeanor.
26
b.
Notwithstanding
paragraph
“a”
,
a
person
may
possess
27
or
consume
alcoholic
liquor,
wine,
or
beer
upon
the
public
28
streets,
highways,
or
public
places
within
an
entertainment
29
district
if
the
possession
or
consumption
complies
with
the
30
ordinance
adopted
under
section
414.34.
31
Sec.
4.
NEW
SECTION
.
414.34
Entertainment
districts.
32
1.
As
used
in
this
section:
33
a.
“Entertainment
district”
or
“district”
means
licensed
34
premises
that
allow
for
the
possession
and
consumption
of
35
-1-
LSB
5587YH
(2)
91
jm/ns
1/
4
H.F.
2074
alcoholic
liquor,
wine,
and
beer
on
public
streets,
sidewalks,
1
and
other
public
spaces
within
the
boundaries
of
the
district
2
that
are
consistent
with
this
section.
3
b.
“Licensed
premises”
means
the
same
as
defined
in
section
4
123.3,
except
that
it
is
limited
to
a
place
that
is
wholly
5
within
the
confines
of
contiguous
grounds.
6
c.
“Marked
container”
means
a
nonglass
container
that
7
identifies
the
retail
alcohol
licensee
providing
the
alcoholic
8
liquor,
beer,
or
wine
in
the
container
to
the
consumer
within
9
the
entertainment
district.
10
d.
“Retail
alcohol
licensee”
means
the
holder
of
a
class
“C”
11
or
special
class
“C”
license
issued
under
section
123.30.
12
2.
A
city
may
define
licensed
premises
by
ordinance
that
13
designates
an
entertainment
district
for
use
by
retail
alcohol
14
licensees.
15
3.
An
ordinance
adopted
pursuant
to
this
section
must
16
include
all
of
the
following:
17
a.
A
legal
description
or
map
of
the
district.
18
b.
The
days
and
hours
the
possession
and
consumption
of
19
alcoholic
liquor,
wine,
and
beer
are
permitted
within
the
20
district.
21
c.
Requirements
for
marked
container
identification.
22
d.
Participation
requirements
for
retail
alcohol
licensees
23
within
the
district.
24
e.
Enforcement
provisions
and
penalties
for
violations.
25
f.
Procedures
for
the
revocation
or
suspension
of
all
of
the
26
following:
27
(1)
The
participation
of
retail
alcohol
licensees
for
28
violations.
29
(2)
The
entertainment
district
itself
for
public
safety
30
concerns
or
other
matters.
31
4.
An
ordinance
adopted
by
a
city
shall
not
be
construed
to
32
authorize
any
of
the
following:
33
a.
Consumption
of
an
alcoholic
beverage
in
a
motor
vehicle
34
or
on
the
public
streets,
sidewalks,
and
other
public
spaces
35
-2-
LSB
5587YH
(2)
91
jm/ns
2/
4
H.F.
2074
during
the
times
when
the
ordinance
is
not
in
effect.
1
b.
Possession
or
consumption
of
an
alcoholic
beverage
in
2
a
manner
contrary
to
the
provisions
of
chapter
123
except
as
3
otherwise
provided
by
an
ordinance
adopted
pursuant
to
this
4
section.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
permits
a
city
to
create
entertainment
districts
9
(district)
allowing
for
the
possession
or
consumption
of
10
alcoholic
beverages
in
certain
public
places.
11
A
city
may
define
by
ordinance
a
licensed
premises
which
12
may
be
used
by
holders
of
class
“C”
or
special
class
“C”
13
retail
alcohol
licenses
in
a
district.
“Licensed
premises”
14
generally
includes
areas
where
alcoholic
beverages
may
be
sold
15
or
consumed
under
the
authority
of
a
retail
alcohol
license.
A
16
class
“C”
license
allows
commercial
establishments
like
bars
17
and
restaurants
to
sell
alcoholic
liquor,
wine,
and
beer,
and
a
18
special
class
“C”
license
allows
such
establishments
to
sell
19
just
wine
and
beer.
20
The
bill
defines
a
“district”
to
mean
licensed
premises
that
21
allow
for
the
possession
and
consumption
of
alcoholic
liquor,
22
wine,
and
beer
on
public
roadways,
sidewalks,
and
other
public
23
spaces
within
the
boundaries
of
the
district.
24
An
ordinance
adopted
pursuant
to
the
bill
is
required
to
25
include
the
following:
(1)
a
legal
description
or
map
of
the
26
district,
(2)
the
days
and
hours
the
possession
and
consumption
27
of
alcoholic
beverages
is
permitted,
(3)
the
requirements
for
28
containers
containing
alcoholic
beverages
consumed
in
the
29
district,
(4)
the
requirements
for
retail
alcohol
licensees
30
participating
in
the
district,
(5)
enforcement
provisions,
and
31
(6)
revocation
and
suspension
provisions
for
the
retail
alcohol
32
licensees
and
the
district.
33
The
bill
specifies
an
ordinance
shall
not
be
construed
to
34
authorize
the
consumption
of
alcoholic
beverages
in
a
motor
35
-3-
LSB
5587YH
(2)
91
jm/ns
3/
4
H.F.
2074
vehicle
or
on
public
streets,
sidewalks,
and
other
public
1
spaces
during
the
times
when
the
ordinance
is
not
in
effect,
2
or
the
possession
or
consumption
of
alcoholic
beverages
in
a
3
manner
contrary
to
the
provisions
of
Code
chapter
123
(alcohol
4
beverage
control).
5
-4-
LSB
5587YH
(2)
91
jm/ns
4/
4