Class "C" and class "C" native distilled spirits liquor control
licensees and the licensee's employees may fill and sell mixed drinks or
cocktails in a container other than the original container subject to the
requirements and restrictions provided in 2020 Iowa Acts, House File 2540,
sections 10, 11, 12, and 13, and this rule.
(1)
Definitions.
"Alcoholic liquor," for the purposes of this
rule, means "alcoholic liquor" as defined in Iowa Code section
123.3(5).
"Mixed drink or cocktail," for the purposes of
this rule, means "mixed drink or cocktail" as defined in Iowa Code section
123.3(32).
"Native distilled spirits," for the purposes
of this rule, means "native distilled spirits" as defined in Iowa Code section
123.3(34).
"Original container," for the purposes of this
rule, means a vessel containing alcoholic liquor or native distilled spirits
that has been lawfully obtained and has been securely capped, sealed, or corked
at the location of manufacture.
"Sealed container," for the purposes of this
rule, means a vessel containing a mixed drink or cocktail that is designed to
prevent consumption without removal of the tamper-evident lid, cap, or seal.
"Sealed container" does not include a container with a lid with sipping holes
or openings for straws, a cup made of plastic that is intended for one-time
use, or a cup made of paper or polystyrene foam.
"Tamper-evident," for the purposes of this
rule, means a lid, cap, or seal that visibly demonstrates when a container has
been opened.
(2)
Filling requirements.
a. A
sealed container shall be filled and sold only by the licensee or the
licensee's employees who are 18 years of age or older.
b. A sealed container shall be filled only
upon receipt of an order by a consumer of legal age.
c. A sealed container shall be filled only
with mixed drinks or cocktails composed in whole or in part with alcoholic
liquor or native distilled spirits from an original container purchased from a
class "E" liquor licensee.
d. The filling of a sealed container shall at
all times be conducted in compliance with applicable state and federal food
safety statutes and regulations.
(3)
Sealing requirements. A
sealed container shall bear one of the following tamper-evident sealing
methods:
a. A plastic heat shrink wrap band,
strip, or sleeve extending around the cap or lid to form a seal that must be
broken when the container is opened.
b. A screw top cap or lid that breaks apart
when the container is opened.
c. A
vacuum or heat-sealed pouch containing the mixed drink or cocktail.
(4)
Labeling
requirements. A sealed container shall bear a label affixed to the
container in a conspicuous place legibly indicating the following information:
a. The business name of the licensee that
sold the mixed drink or cocktail.
b. The words "CONTAINS ALCOHOL."
(5)
Sealed container not
deemed an open container. A sealed container shall not be deemed an
open container, subject to the requirements of Iowa Code sections
321.284
and
321.284A,
provided the sealed container is unopened, the seal has not been tampered with,
and the contents of the sealed container have not been partially
removed.
(6)
Restrictions.
a. A sealed
container shall not be filled in advance of a sale.
b. A sealed container shall not meet the
definition of "canned cocktail" as defined in Iowa Code section
123.3(11).
c. A licensee or a licensee's employees shall
not allow a consumer to fill a sealed container.
d. The filling and selling of a sealed
container shall be limited to the hours in which alcoholic beverages may be
legally sold.
e. A sealed container
shall not be sold to any consumer who is under legal age, intoxicated, or
simulating intoxication.
(7)
Recordkeeping
requirements.
a. A licensee shall
maintain records, in printed or electronic format, of all sales of sealed
containers. The records shall state the following:
(1) The business name of the licensee that
sold the mixed drink or cocktail.
(2) The date and time of the sale.
(3) A description of the product
sold.
b. A licensee
shall keep the required records for a three-year period from the date the
record was created.
c. Records
shall be open to inspection pursuant to Iowa Code section
123.30(1),
and may be subject to administrative subpoena issued by the
administrator.
(8)
Violations. Failure to comply with the requirements and
restrictions of this rule shall subject the licensee to the penalty provisions
provided in Iowa Code chapter 123.
This rule is intended to implement Iowa Code sections
123.30,
123.43A, and
123.49.
