Read the full stored bill text
House
File
2325
-
Introduced
HOUSE
FILE
2325
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
2074)
A
BILL
FOR
An
Act
permitting
a
city
to
create
social
districts
allowing
1
for
the
possession
or
consumption
of
alcoholic
beverages
in
2
certain
public
places.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
123.30,
subsection
5,
paragraph
a,
Code
1
2026,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(4)
A
social
district,
if
the
holder
of
3
the
retail
alcohol
license
is
a
participating
licensee
within
a
4
social
district
and
in
compliance
with
the
ordinance
adopted
5
under
section
414.34.
6
Sec.
2.
Section
123.46,
subsection
2,
Code
2026,
is
amended
7
to
read
as
follows:
8
2.
a.
A
person
shall
not
use
or
consume
alcoholic
liquor,
9
wine,
or
beer
upon
the
public
streets
or
highways.
A
person
10
shall
not
use
or
consume
alcoholic
liquor
in
any
public
11
place
except
premises
covered
by
a
retail
alcohol
license.
12
A
person
shall
not
possess
or
consume
alcoholic
liquors,
13
wine,
or
beer
on
public
school
property
or
while
attending
a
14
public
or
private
school-related
function.
A
person
shall
not
15
be
intoxicated
in
a
public
place.
A
person
violating
this
16
subsection
is
guilty
of
a
simple
misdemeanor.
17
b.
Notwithstanding
paragraph
“a”
,
a
person
may
possess
18
or
consume
alcoholic
liquor,
wine,
or
beer
upon
the
public
19
streets,
highways,
or
public
places
within
a
social
district
20
if
the
possession
or
consumption
complies
with
the
ordinance
21
adopted
under
section
414.34.
22
Sec.
3.
NEW
SECTION
.
414.34
Social
districts.
23
1.
As
used
in
this
section:
24
a.
“Marked
container”
means
a
nonglass
container
that
25
identifies
the
retail
alcohol
licensee
providing
the
alcoholic
26
liquor,
beer,
or
wine
in
the
container
to
the
consumer
within
27
the
social
district.
28
b.
“Retail
alcohol
licensee”
means
the
holder
of
a
class
“C”
29
or
special
class
“C”
license
issued
under
section
123.30.
30
c.
“Social
district”
means
a
defined
area
in
which
the
31
possession
and
consumption
of
alcoholic
liquor,
wine,
and
32
beer
is
allowed
on
public
streets,
sidewalks,
and
other
33
public
spaces
within
the
boundaries
of
the
district
that
are
34
consistent
with
this
section.
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2.
A
city
may
define
an
area
by
ordinance
that
designates
a
1
social
district
for
use
by
retail
alcohol
licensees.
2
3.
An
ordinance
adopted
pursuant
to
this
section
must
3
include
all
of
the
following:
4
a.
A
legal
description
or
map
of
the
district.
5
b.
The
days
and
hours
the
possession
and
consumption
of
6
alcoholic
liquor,
wine,
and
beer
are
permitted
on
public
7
streets,
sidewalks,
and
other
public
places
within
the
8
district.
9
c.
Requirements
for
marked
container
use
and
identification.
10
d.
Participation
requirements
for
retail
alcohol
licensees
11
within
the
district.
12
e.
Enforcement
provisions
and
penalties
for
violations.
13
f.
Procedures
for
the
revocation
or
suspension
of
all
of
the
14
following:
15
(1)
The
participation
of
retail
alcohol
licensees
for
16
violations.
17
(2)
The
social
district
itself
for
public
safety
concerns
18
or
other
matters.
19
4.
An
ordinance
adopted
by
a
city
shall
not
be
construed
to
20
authorize
any
of
the
following:
21
a.
Consumption
of
an
alcoholic
beverage
in
a
motor
vehicle
22
or
on
the
public
streets,
sidewalks,
and
other
public
spaces
23
during
the
times
when
the
ordinance
is
not
in
effect.
24
b.
Possession
or
consumption
of
an
alcoholic
beverage
in
25
a
manner
contrary
to
the
provisions
of
chapter
123
except
as
26
otherwise
provided
by
an
ordinance
adopted
pursuant
to
this
27
section.
28
c.
A
prohibition
on
any
participating
retail
alcohol
29
licensee
or
other
establishment
located
within
the
social
30
district
from
denying
entry
to
the
premises
of
the
licensee
or
31
establishment
to
persons
who
possess
alcoholic
beverages
from
32
other
participating
retail
alcohol
licensees.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
permits
a
city
to
create
social
districts
2
(district)
allowing
for
the
possession
or
consumption
of
3
alcoholic
beverages
in
certain
public
places.
4
A
city
may
define
by
ordinance
an
area
which
may
be
used
5
by
holders
of
class
“C”
or
special
class
“C”
retail
alcohol
6
licenses
in
a
district.
A
class
“C”
license
allows
commercial
7
establishments
like
bars
and
restaurants
to
sell
alcoholic
8
liquor,
wine,
and
beer,
and
a
special
class
“C”
license
allows
9
such
establishments
to
sell
just
wine
and
beer.
10
The
bill
defines
a
“district”
to
mean
a
defined
area
that
11
allows
for
the
possession
and
consumption
of
alcoholic
liquor,
12
wine,
and
beer
on
public
roadways,
sidewalks,
and
other
public
13
spaces
within
the
boundaries
of
the
district.
14
An
ordinance
adopted
pursuant
to
the
bill
is
required
to
15
include
the
following:
(1)
a
legal
description
or
map
of
the
16
district,
(2)
the
days
and
hours
the
possession
and
consumption
17
of
alcoholic
beverages
is
permitted,
(3)
the
requirements
for
18
containers
containing
alcoholic
beverages
consumed
in
the
19
district
and
the
use
of
such
containers,
(4)
the
requirements
20
for
retail
alcohol
licensees
participating
in
the
district,
21
(5)
enforcement
provisions,
and
(6)
revocation
and
suspension
22
provisions
for
the
retail
alcohol
licensees
and
the
district.
23
The
bill
specifies
an
ordinance
shall
not
be
construed
to
24
authorize
the
consumption
of
alcoholic
beverages
in
a
motor
25
vehicle
or
on
public
streets,
sidewalks,
and
other
public
26
spaces
during
the
times
when
the
ordinance
is
not
in
effect;
27
authorize
the
possession
or
consumption
of
alcoholic
beverages
28
in
a
manner
contrary
to
the
provisions
of
Code
chapter
123
29
(alcohol
beverage
control);
or
prohibit
a
participating
retail
30
alcohol
licensee
in
the
district
or
other
establishment
in
the
31
district
from
denying
entry
to
persons
who
possess
alcohol
from
32
other
participating
retail
alcohol
licensees
in
the
district.
33
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