Bills › 90th General Assembly
SSB 1032
Topics:Alcohol, cannabis & gaming
Where it is now
- Done: IntroducedJanuary 12, 2023
- Done: SubcommitteeJanuary 12, 2023
- Done: Senate committeeFebruary 23, 2023
- Skipped: Passes the SenateContinued as SF 401
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 401 → Its progress continues under the new number. Go to SF 401 What’s a funnel?
What’s in it
AI summary People with a Class "C" alcohol license can now sell mixed drinks to be taken away without having to use a specially sealed container. Instead, they just need to put the drink in a container with a lid or another way to keep the liquid inside once an order is placed. These drinks will still be considered open containers if they are found in a vehicle.1
Read the official explanation
This bill concerns the sale of mixed drinks or cocktails mixed on premises covered by a class “C” retail alcohol license for consumption off the licensed premises. The bill eliminates the requirement that the mixed drinks or cocktails be immediately filled in a sealed container and strikes provisions defining a sealed container. Instead, the bill requires the mixed drink or cocktail to be packaged upon receipt of an order in a container with a lid or other method of securing the contents. _____ the bill shall be considered an open container for purposes of restrictions on drivers and passengers possessing a receptacle containing an alcoholic beverage in a motor vehicle. The bill takes effect upon enactment.
Senate subcommittee
Named January 12, 2023. On January 19, 2023 it recommended passage. [].
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill changes the definition of a sealed container to include items like plastic, paper, or foam cups and heat-sealed pouches for mixed drinks. By making these changes, the state would comply with federal regulations and avoid an annual penalty of approximately $14.2 million. This would allow the Department of Transportation to retain that amount in federal funding for road and bridge improvements.3
Read the fiscal note
Description
House File 433 modifies the definition of a sealed container. The following containers are not considered a sealed container under the Bill:
- A cup made of plastic intended for one-time use.
- A cup made of paper or foam.
- A cup with a hole that includes a tamper-evident seal.
- A vacuum or heat-sealed pouch.
The Bill takes effect upon enactment.
Background
Currently, under Iowa Code section 123.49, a mixed drink or cocktail mixed on a licensed premises may be transported in a sealed container and is not deemed an open container as long as the seal has not been compromised. Iowa Code section 123.49 defines what is to be deemed a sealed container.
According to the Department of Transportation (DOT), new federal regulations make Iowa’s open container law noncompliant with federal regulations beginning in FY 2024. If Iowa is no longer compliant, the State will be subject to a penalty of 2.5% of both National Highway Performance Program (NHPP) and Surface Transportation Block Grant (STBG) funding, resulting in a penalty of approximately $14.2 million annually. The NHPP and STBG are two of many sources of funding allocated to the DOT and local jurisdictions to assist with road and bridge improvements.
Assumptions
- According to the DOT, noncompliance will result in an annual loss of $14.2 million.
- Iowa will be in compliance with National Highway Traffic Safety Administration (NHTSA) regulations following the passage of this Bill.
Fiscal Impact
House File 433 would put Iowa in compliance with federal requirements, and the DOT would retain $14.2 million in federal road/bridge improvement funding annually.
Source
- Department of Transportation
- Final Fiscal Note — Cocktails Mixed on Premises, Off-Premise Consumption · May 10, 2023
- Cocktails Mixed on Premises, Off-Premise Consumption · March 7, 2023
- Cocktails Mixed on Premises, Off-Premise Consumption · March 3, 2023
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90th General Assembly