Holders of a retail alcohol license that allow for on-premises consumption may allow a customer to carry an open container of alcoholic liquor, wine, or beer off of the licensed premises to one of three immediately-adjacent locations:
- Another licensed premises authorized to sell the same type of alcoholic beverage for on-premises consumption
- A temporarily closed public right-of-way (e.g. a sidewalk or street)
A private place
NOTE: Private property is not necessarily a private place. βPrivate placeβ is defined under Iowa Code section 123.3(42) and has several criteria that all must be met for a location to be considered a private place (see more below).
The immediately-adjacent licensed establishment or owner of the private place is not required to allow a person carrying an open container of alcohol to enter that location and may refuse their entry.
List items for Open Container FAQ
- Class βCβ retail alcohol license (LC) - Alcoholic liquor, wine, and beer
- Special class βCβ retail alcohol license (BW) - Beer and wine, no alcoholic liquor
- Class βFβ retail alcohol license (LF) - Alcoholic liquor, wine, and beer
- Special class βCβ retail native wine license (WCN) - Beer and native wine only, no alcoholic liquor or non-native wine
A private place is a location which, at the time alcoholic beverages are kept, dispensed, or consumed, meets all of the following criteria:
- The general public does not have access to the location and attendees are limited to bona fide social hosts and invited guests.
- The location is not of a commercial nature.
- Goods or services are not sold or purchased at the location.
- The location is not an alcohol licensed premises.
- Admission fees or other kinds of entrance fees, fare, ticket, donation or charges are not made or are required of the invited guests to enter the location.
An open or unsealed bottle, can, jar, glass, cup, or other receptacle containing an alcoholic beverage.
EXAMPLE 1
Two licensed premises are connected by an immediately-adjacent, temporarily-closed public right-of-way (the sidewalk). Open containers of alcoholic liquor, wine, or beer can be allowed to leave Premises 1 and be carried onto Premises 2. However, Premises 2 is not required to allow patrons to enter with alcoholic beverages.
EXAMPLE 2
Two licensed premises are connected by immediately-adjacent, temporarily-closed public right-of-ways (the sidewalks and the street). Open containers of alcoholic liquor, wine, or beer can be allowed to leave Premises 1, be carried through the temporarily-closed sidewalks and street, and be carried onto Premises 2. However, Premises 2 is not required to allow patrons to enter with alcoholic beverages.
EXAMPLE 3
A public street is temporarily closed and licensed under a special class βCβ retail alcohol license (BW). The sidewalks immediately adjacent to the street are also temporarily closed. Open containers of beer or wine can be allowed to leave Premises 1 or Premises 2, be carried through the temporarily-closed sidewalks, and be carried onto Premises 3.
However, alcoholic liquor cannot be brought onto Premises 3 because the retail alcohol license held by Premises 3, a special class βCβ retail alcohol license (BW), does not allow for the sale or consumption of alcoholic liquor. Additionally, Premises 3 is not required to allow patrons to enter with open containers of beer or wine.
Open containers of beer or wine purchased on Premises 3 can be allowed to leave Premises 3, be carried through the temporarily-closed sidewalks, and be carried onto either Premises 1 or Premises 2. However, neither Premises 1 nor Premises 2 is required to allow patrons to enter with open containers of beer or wine.
