In 2020, House File 2540 was signed into law, legalizing the sale of mixed drinks or cocktails to-go by class āCā retail alcohol licensees.
The legislation also authorized the Iowa Department of Revenue Alcohol & Tax Operations Division (Division) to adopt administrative rules to implement the provisions of law related to mixed drinks or cocktails sold to-go.
A mixed drink or cocktail is an alcoholic beverage, composed in whole or in part of alcoholic liquor, that is combined with other alcoholic beverages or nonalcoholic beverages or ingredients including, but not limited to:
Holders of the class "C" retail alcohol license can sell mixed drinks or cocktails to-go.
Licensees selling mixed drinks or cocktails to-go must do so as described in the rules. Licensees found to be selling mixed drinks or cocktails to-go that are not in compliance with the rules could face civil penalty, license suspension or license revocation.
An employee must be 18 or older to fill and sell mixed drinks or cocktails to-go. Please refer to Employing 16-17-Year-Olds for information on employees under 18.
Containers including, but not limited to, plastic, glass, or metal bottles and glass jars are allowed provided they are able to meet the sealing requirements within the rules.
The following types of containers are not allowed to be used:
A container with a lid with sipping holes or openings for straws;
A mixed drink or cocktail to-go cannot be sold to any person who is under 21, any person who is intoxicated, or any person who is simulating intoxication.
To-go Cocktail FAQs
In general, the plastic needs to be more durable in nature. The distinguishing factor is not whether the plastic cup could be used multiple times; it is whether the plastic cup is designed and intended to be used multiple times. For example, plastic cups that are purchased at convenience stores to put fountain soda in are generally not intended to be used multiple times, even though some customers may choose to reuse them. But some convenience stores do offer thicker plastic cups, often with their logo on them, that are intended to be reused. Any reusable plastic cup still cannot bear a lid with straw holes or sipping holes, and must be able to accommodate a heat shrink wrap band or have a twist-top lid or cap that can break apart when opened.
A plastic heat shrink wrap band, strip, or sleeve extending around the cap or lid of the container to form a seal that must be broken when the container is opened.
A screw top cap or lid that breaks apart when the container is opened.
A vacuum- or heat-sealed pouch containing the mixed drink or cocktail.
Note that this sealing method does not mean placing a mixed drink or cocktail inside a container and then placing that container within a pouch or bag.
No. All lids with straw holes or sipping holes are prohibited from being used.
No. Tape is not a secure sealing method and cannot be used.
No. Only the sealing methods described in the rules are allowed to be used. Licensees found to be selling mixed drinks or cocktails to-go that are not in compliance with the rules could face a civil penalty, license suspension or license revocation.
Each container must have a label in a place that is easy to see and legibly shows the following information:
The business name of the licensee that sold the mixed drink or cocktail; and
The words "CONTAINS ALCOHOL".
A label may include other information, such as a list of ingredients, but this is not required.
No. Containers must be filled after an order is received by a consumer who is 21 or older.
Only alcoholic liquor that has been purchased from a class "E" licensee can be used to make mixed drinks or cocktails to-go.
Any time a container is filled with a mixed drink or cocktail it must be done in compliance with all applicable state and federal food safety laws and regulations.
Yes. All licensees are required to maintain records pursuant to Iowa Code section 123.33.
Sales records of mixed drinks or cocktails to-go must show the following information:
The business name of the licensee that sold the mixed drink or cocktail;
The date and time of the sale; and
A description of the product sold (ex: Margarita To-Go)
Records of sales of mixed drinks or cocktails to-go can be kept in printer or electronic format. Each record must be maintained for a period of 3 years from the date the record was created. All records must be accessible and open to inspection by the Division and other regulatory officials during normal business hours.
