Read the full stored bill text
House
File
769
-
Introduced
HOUSE
FILE
769
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
69)
A
BILL
FOR
An
Act
relating
to
the
sale,
possession,
and
consumption
of
1
alcoholic
liquor,
wine,
or
beer
on
public
school
property
2
under
certain
circumstances,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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769
Section
1.
Section
123.46,
subsection
2,
Code
2025,
is
1
amended
to
read
as
follows:
2
2.
a.
A
person
shall
not
use
or
consume
alcoholic
liquor,
3
wine,
or
beer
upon
the
public
streets
or
highways.
4
b.
A
person
shall
not
use
or
consume
alcoholic
liquor
in
5
any
public
place
except
premises
covered
by
a
retail
alcohol
6
license.
7
c.
A
person
shall
not
possess
or
consume
alcoholic
8
liquors
liquor
,
wine,
or
beer
on
public
school
property
or
9
while
attending
a
public
or
private
school-related
function.
10
However,
a
school
board
may
authorize
the
sale,
possession,
and
11
consumption
of
alcoholic
liquor,
wine,
or
beer
on
public
school
12
property
in
conjunction
with
a
nonschool-related
function
13
deemed
appropriate
by
the
school
board.
The
authorization
must
14
require
that
the
sale,
possession,
and
consumption
of
alcoholic
15
liquor,
wine,
or
beer
only
occur
on
public
school
property
that
16
is
a
licensed
premises
under
a
five-day
retail
alcohol
license
17
issued
pursuant
to
section
123.34
to
a
person
other
than
the
18
school
board.
19
d.
A
person
shall
not
be
intoxicated
in
a
public
place.
20
e.
A
person
violating
this
subsection
is
guilty
of
a
simple
21
misdemeanor.
22
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
23
importance,
takes
effect
upon
enactment.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
allows
for
the
sale,
possession,
and
consumption
28
of
alcoholic
liquor,
wine,
or
beer
on
public
school
property
29
if
authorized
by
the
school
board
in
conjunction
with
a
30
nonschool-related
function
deemed
appropriate
by
the
school
31
board
and
if
the
premises
is
covered
by
a
five-day
retail
32
alcohol
license
issued
to
a
person
other
than
the
school
board.
33
Persons
may
possess
or
consume
alcoholic
liquor,
wine,
or
beer
34
at
nonschool-related
functions
on
private
school
property
under
35
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769
current
law
in
accordance
with
Code
section
123.46(2).
1
Under
current
law
and
the
bill,
the
department
of
revenue,
2
with
the
approval
of
a
local
authority,
may
issue
a
retail
3
alcohol
license
to
an
applicant
to
sell
alcoholic
liquor,
4
wine,
or
beer
at
functions
sponsored
or
authorized
by
the
5
local
authority
(Code
section
123.32(3)).
Local
authorities
6
may
adopt
ordinances
or
regulations
for
the
location
of
the
7
premises
of
retail
alcohol
licensed
establishments
and
for
8
governing
any
other
activities
or
matters
which
may
affect
9
the
retail
sale
and
consumption
of
alcoholic
beverages
and
10
the
health,
welfare,
and
morals
of
the
community
involved
11
(Code
section
123.39(2)).
Possession
or
consumption
of
12
alcoholic
liquor,
wine,
or
beer
at
public
or
private
higher
13
education
facilities
is
not
affected
by
the
bill
(Code
section
14
123.3(48)).
15
A
person
who
violates
Code
section
123.46(2)
is
guilty
of
16
a
simple
misdemeanor.
A
simple
misdemeanor
is
punishable
by
17
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
$105
18
but
not
more
than
$855.
19
The
bill
takes
effect
upon
enactment.
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