Backers push for infused drink permission in Iowa

DES MOINES - Iowa bar and restaurant owners on Tuesday served up suggestions on changes to alcohol regulations, so they would be allowed to serve drinks they can now only mix for same-day consumption.

Jeff Duncan of Dos Rios Cantina & Tequila Lounge in Des Moines said infused drinks with tequila were a popular item at his downtown restaurant until the state Alcoholic Beverages Division put out a notice that such concoctions were prohibited under state law.

“Everybody's doing it all over the country,” said Duncan, who told a three-member Senate subcommittee that Iowa needs to “evolve” laws that date back the Prohibition era. “It needs to happen. There are people ready to take this and run with it.”

Infused drinks blend spirits such as vodka, gin and tequila with ingredients such as spices, herbs, fruits, vegetables or candy.

Kurt Friese, owner of the Devotay restaurant in Iowa City, said he traveled to Des Moines on one of his business' busiest days of the year to impress upon lawmakers that restaurants are not trying to become drink manufacturers.

“We're trying to unleash some creativity,” Friese said.

Friese said removing the regulations would give customers access to products they would not make at home.

Stephanie Strauss of the state's Alcoholic Beverages Division said her agency was undecided on Senate File 2089. However, she said the division is concerned the legislation would not only allow retail establishments to engage in a manufacturing process, but also skirt requirements that liquor be kept in original packaging unless mixed in drinks for same-day consumption.

The proposed changes also would allow retailers to return liquor to bottles for reuse and bypass provisions that bar items from being added to bottles outside of distilleries.

“It's wide open manufacturing,” Strauss told the three subcommittee members. She also said the proposed changes might run afoul of federal prohibitions against pouring infused liquor ingredients back into bottles that don't match the contents listed on the labels.

Beverly Zylstra of the state Department of Inspections and Appeals also expressed concerns over the impact of using potentially hazardous foods in infusions, and the possibility that infusions could be conducted for an extended length of time. She suggested a requirement that infused drinks be refrigerated for no more than seven days.

Sen. Rick Bertrand, R-Sioux City, said he was supportive of the legislation and believed a compromise might be to require “born on” dating of infused alcohol products.

Sen. Jeff Danielson, D-Waterloo, chairman of the Senate State Government Committee and leader of the subcommittee, said he wanted to give the interested parties some time to address concerns, but he expected a quick resolution.

Non-money bills must clear at least one standing committee of the House or Senate by Feb. 24 to remain eligible for consideration this session.