Read the full stored bill text
Senate
File
610
-
Introduced
SENATE
FILE
610
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SF
387)
(SUCCESSOR
TO
SSB
1089)
(COMPANION
TO
HF
470
BY
COMMITTEE
ON
STATE
GOVERNMENT)
A
BILL
FOR
An
Act
relating
to
alcoholic
beverages,
including
license
1
authorizations
and
fee
determinations,
and
including
2
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1392SZ
(1)
91
ll/ns
S.F.
610
DIVISION
I
1
DEFINITIONS
AND
LICENSE
AUTHORIZATIONS
2
Section
1.
Section
123.3,
subsections
10
and
32,
Code
2025,
3
are
amended
to
read
as
follows:
4
10.
“Canned
cocktail”
means
a
mixed
drink
or
cocktail
,
the
5
alcohol
component
of
which
is
primarily
composed
of
alcoholic
6
liquor,
that
is
premixed
and
packaged
in
a
metal
can
and
7
contains
more
than
one-half
of
one
percent
of
alcohol
by
volume
8
but
not
more
than
fifteen
percent
of
alcohol
by
volume.
A
9
mixed
drink
or
cocktail
mixed
and
packaged
in
a
metal
can
10
pursuant
to
section
123.49,
subsection
2
,
paragraph
“d”
,
11
subparagraph
(3),
shall
not
be
considered
a
canned
cocktail.
12
32.
“Mixed
drink
or
cocktail”
means
an
alcoholic
beverage,
13
composed
in
whole
or
in
part
of
alcoholic
liquor,
wine,
or
14
beer,
that
is
combined
with
other
alcoholic
beverages
or
15
nonalcoholic
beverages
or
ingredients
including
but
not
limited
16
to
ice,
water,
soft
drinks,
or
flavorings.
17
Sec.
2.
Section
123.30,
subsection
1,
paragraph
a,
Code
18
2025,
is
amended
to
read
as
follows:
19
a.
A
retail
alcohol
license
may
be
issued
to
any
person
20
who
is
of
good
moral
character
as
defined
by
this
chapter
,
the
21
state
of
Iowa,
or
any
state
agency
as
defined
in
section
669.2
.
22
Sec.
3.
Section
123.30,
subsection
3,
paragraph
b,
23
subparagraph
(2),
subparagraph
division
(c),
Code
2025,
is
24
amended
to
read
as
follows:
25
(c)
The
holder
of
a
special
class
“C”
retail
alcohol
26
license
shall
be
authorized
to
sell
wine
and
beer
to
patrons
27
by
the
individual
drink
for
consumption
on
the
premises
only.
28
However,
wine
and
beer
in
original
unopened
containers
may
29
also
be
sold
for
consumption
off
the
premises.
In
addition,
a
30
mixed
drink
or
cocktail
that
does
not
contain
alcoholic
liquor
31
may
be
sold
for
consumption
off
the
premises
subject
to
the
32
requirements
of
section
123.49,
subsection
2,
paragraph
“d”
.
33
Sec.
4.
Section
123.31,
subsection
2,
paragraphs
b
and
c,
34
Code
2025,
are
amended
to
read
as
follows:
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b.
That
the
applicant
is
a
person
of
good
moral
character
1
as
provided
in
section
123.3,
subsection
40
.
This
paragraph
2
does
not
apply
if
the
applicant
is
the
state
of
Iowa
or
a
state
3
agency
as
defined
in
section
669.2.
4
c.
That
the
applicant
is
a
citizen
of
the
state
of
Iowa
5
or,
if
a
corporation,
that
the
applicant
is
authorized
to
do
6
business
in
the
state.
This
paragraph
does
not
apply
if
the
7
applicant
is
the
state
of
Iowa
or
a
state
agency
as
defined
in
8
section
669.2.
9
Sec.
5.
Section
123.31C,
subsection
1,
Code
2025,
is
amended
10
to
read
as
follows:
11
1.
A
person
holding
a
special
class
“C”
retail
native
12
wine
license
may
sell
beer
and
native
wine
only
at
retail
for
13
consumption
on
or
off
the
premises.
Sales
of
beer
and
native
14
wine
for
consumption
off
the
premises
made
pursuant
to
this
15
section
shall
be
made
in
original
containers
except
as
provided
16
in
subsection
5
.
A
sale
of
a
mixed
drink
or
cocktail
that
does
17
not
contain
alcoholic
liquor
may
be
sold
for
consumption
off
18
the
premises
subject
to
the
requirements
of
section
123.49,
19
subsection
2,
paragraph
“d”
.
20
Sec.
6.
Section
123.43,
subsection
2,
paragraphs
b
and
c,
21
Code
2025,
are
amended
to
read
as
follows:
22
b.
That
the
applicant
is
a
person
of
good
moral
character
23
as
provided
in
section
123.3,
subsection
40
.
This
paragraph
24
does
not
apply
if
the
applicant
is
the
state
of
Iowa
or
a
state
25
agency
as
defined
in
section
669.2.
26
c.
That
the
applicant
is
a
citizen
of
the
state
of
Iowa
27
or,
if
a
corporation,
that
the
applicant
is
authorized
to
do
28
business
in
the
state.
This
paragraph
does
not
apply
if
the
29
applicant
is
the
state
of
Iowa
or
a
state
agency
as
defined
in
30
section
669.2.
31
Sec.
7.
Section
123.49,
subsection
2,
paragraph
d,
32
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
33
(3)
Mixed
drinks
or
cocktails
mixed
on
premises
covered
by
34
a
class
“C”
or
special
class
“C”
retail
alcohol
license
,
or
a
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special
class
“C”
retail
native
wine
license,
for
consumption
1
off
the
licensed
premises
may
be
sold
if
the
mixed
drink
or
2
cocktail
is
immediately
filled
in
a
sealed
container
and
is
3
promptly
taken
from
the
licensed
premises
prior
to
consumption
4
of
the
mixed
drink
or
cocktail.
A
mixed
drink
or
cocktail
5
that
is
sold
in
a
sealed
container
in
compliance
with
the
6
requirements
of
this
subparagraph
and
rules
adopted
by
the
7
department
shall
not
be
deemed
an
open
container
subject
to
the
8
requirements
of
sections
321.284
and
321.284A
if
the
sealed
9
container
is
unopened
and
the
seal
has
not
been
tampered
with,
10
and
the
contents
of
the
container
have
not
been
partially
11
removed.
12
Sec.
8.
Section
123.127,
subsection
2,
paragraphs
b
and
c,
13
Code
2025,
are
amended
to
read
as
follows:
14
b.
That
the
applicant
is
a
person
of
good
moral
character
15
as
provided
in
section
123.3,
subsection
40
.
This
paragraph
16
does
not
apply
if
the
applicant
is
the
state
of
Iowa
or
a
state
17
agency
as
defined
in
section
669.2.
18
c.
That
the
applicant
is
a
citizen
of
the
state
of
Iowa
19
or,
if
a
corporation,
that
the
applicant
is
authorized
to
do
20
business
in
the
state.
This
paragraph
does
not
apply
if
the
21
applicant
is
the
state
of
Iowa
or
a
state
agency
as
defined
in
22
section
669.2.
23
Sec.
9.
Section
123.175,
subsection
2,
paragraphs
b
and
c,
24
Code
2025,
are
amended
to
read
as
follows:
25
b.
That
the
applicant
is
a
person
of
good
moral
character
26
as
provided
in
section
123.3,
subsection
40
.
This
paragraph
27
does
not
apply
if
the
applicant
is
the
state
of
Iowa
or
a
state
28
agency
as
defined
in
section
669.2.
29
c.
That
the
applicant
is
a
citizen
of
the
state
of
Iowa
30
or,
if
a
corporation,
that
the
applicant
is
authorized
to
do
31
business
in
the
state.
This
paragraph
does
not
apply
if
the
32
applicant
is
the
state
of
Iowa
or
a
state
agency
as
defined
in
33
section
669.2.
34
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
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deemed
of
immediate
importance,
takes
effect
upon
enactment.
1
DIVISION
II
2
LICENSE
FEE
DETERMINATION
3
Sec.
11.
Section
123.36,
subsection
1,
paragraph
a,
4
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
5
(4)
For
premises
located
outside
the
corporate
limits
of
6
any
city,
a
fee
equal
to
that
charged
to
for
a
premises
with
7
of
the
same
square
footage
in
the
nearest
incorporated
city
8
located
nearest
the
premises
to
be
licensed
,
as
determined
by
9
the
address
assigned
by
the
United
States
postal
service
.
If
10
there
is
doubt
as
to
which
of
two
or
more
differing
corporate
11
limits
is
the
nearest,
the
license
fee
which
is
the
largest
12
shall
prevail.
However,
if
the
premises
is
located
in
an
13
unincorporated
town,
for
purposes
of
this
paragraph,
the
14
unincorporated
town
shall
be
treated
as
if
it
is
a
city.
15
Sec.
12.
Section
123.36,
subsection
1,
paragraph
c,
16
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
17
(4)
Commercial
establishments
located
outside
the
corporate
18
limits
of
any
city,
a
fee
equal
to
that
charged
in
the
19
incorporated
city
located
nearest
the
premises
to
be
licensed,
20
and
in
case
there
is
doubt
as
to
which
of
two
or
more
differing
21
corporate
limits
is
the
nearest,
the
license
fee
which
is
the
22
largest
shall
prevail
as
determined
by
the
address
assigned
by
23
the
United
States
postal
service
.
However,
if
a
commercial
24
establishment
is
located
in
an
unincorporated
town,
for
25
purposes
of
this
paragraph,
the
unincorporated
town
shall
be
26
treated
as
if
it
is
a
city.
27
Sec.
13.
Section
123.36,
subsection
1,
paragraph
d,
28
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
29
(4)
Commercial
establishments
located
outside
the
corporate
30
limits
of
any
city,
a
fee
equal
to
that
charged
in
the
31
incorporated
city
located
nearest
the
premises
to
be
licensed,
32
and
in
case
there
is
doubt
as
to
which
of
two
or
more
differing
33
corporate
limits
is
the
nearest,
the
license
fee
which
is
the
34
largest
shall
prevail
as
determined
by
the
address
assigned
by
35
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the
United
States
postal
service
.
However,
if
a
commercial
1
establishment
is
located
in
an
unincorporated
town,
for
2
purposes
of
this
paragraph,
the
unincorporated
town
shall
be
3
treated
as
if
it
is
a
city.
4
Sec.
14.
Section
123.36,
subsection
1,
paragraph
g,
5
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
6
(4)
For
premises
located
outside
the
corporate
limits
of
7
any
city,
a
fee
equal
to
that
charged
to
for
a
premises
with
8
of
the
same
square
footage
in
the
nearest
incorporated
city
9
located
nearest
the
premises
to
be
licensed
,
as
determined
by
10
the
address
assigned
by
the
United
States
postal
service
.
If
11
there
is
doubt
as
to
which
of
two
or
more
differing
corporate
12
limits
is
the
nearest,
the
license
fee
which
is
the
largest
13
shall
prevail.
However,
if
the
premises
is
located
in
an
14
unincorporated
town,
for
purposes
of
this
paragraph,
the
15
unincorporated
town
shall
be
treated
as
if
it
is
a
city.
16
Sec.
15.
APPLICABILITY.
This
division
of
this
Act
applies
17
to
licenses
issued
or
renewed
on
or
after
November
10,
2025.
18
A
license
issued
prior
to
that
date
and
in
effect
on
that
date
19
shall
continue
in
full
force
and
effect
with
the
authority
20
originally
granted
by
the
license
until
expiration
or
renewal.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
alcoholic
beverages.
25
DEFINITIONS
AND
LICENSE
AUTHORIZATIONS.
The
bill
modifies
26
the
definition
of
“canned
cocktail”
by
specifying
that
the
27
alcohol
component
is
primarily
alcoholic
liquor,
and
expands
28
the
definition
of
“mixed
drink
or
cocktail”
to
include
29
alcoholic
beverages
composed
of
wine
or
beer.
The
bill
30
authorizes
a
special
class
“C”
retail
alcohol
licensee
or
a
31
special
class
“C”
retail
native
wine
licensee
to
sell
mixed
32
drinks
or
cocktails
for
consumption
off
the
premises
pursuant
33
to
Code
section
123.49(2)(d)(3),
if
the
beverage
does
not
34
contain
alcoholic
liquor.
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The
bill
specifically
authorizes
the
state
of
Iowa
or
a
state
1
agency
to
be
issued
a
retail
alcohol
license
and
excludes
them
2
from
the
requirements
that
the
applicant
for
a
retail
alcohol
3
license,
class
“A”
native
distilled
spirits
license,
class
“A”
4
or
special
class
“A”
beer
permit,
or
class
“A”
wine
permit
be
a
5
person
of
good
moral
character
and
authorized
to
do
business
in
6
the
state
of
Iowa.
The
bill
does
not
enact
such
an
exclusion
7
for
a
wine
auction
permit
(Code
section
123.173C).
8
This
division
takes
effect
upon
enactment.
9
LICENSING
FEE
DETERMINATION.
Under
current
law,
when
10
determining
the
applicable
fee
for
a
class
“B”,
class
“C”,
11
special
class
“C”,
or
class
“E”
retail
alcohol
license,
where
12
the
premises
or
commercial
establishment
is
located
outside
the
13
corporate
limits
of
any
city,
the
population
of
the
nearest
14
incorporated
city
is
used,
unless
the
licensed
premises
is
15
located
in
an
unincorporated
town,
then
the
unincorporated
16
town
is
treated
as
a
city.
The
bill
instead
determines
such
17
fees
based
on
the
population
of
the
nearest
incorporated
city
18
as
determined
by
the
address
assigned
by
United
State
postal
19
service.
20
This
division
applies
to
licenses
issued
or
renewed
on
or
21
after
November
10,
2025.
A
license
issued
prior
to
that
date
22
and
in
effect
on
that
date
shall
continue
in
full
force
and
23
effect
until
expiration
or
renewal.
24
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