Draft chapter 45: Alcohol Consumption and Intoxication
§ 45.02 Public Consumption Or Intoxication
The 2026 draft's § 45.02 beside the current code's § 45.02: removed words are struck through, added words underlined.
Comparison with a draft: not adopted. The archive holds no public hearing, ordinance or vote adopting the recodified Code through the October 20, 2026 meeting packet. Until one is adopted, every page here compares the consolidated code with a draft that can still change: the revised draft with the October 6 changes is not in the archive.
A comparison with the August 2026 draft recodification prepared by Iowa Codification for the City. The draft has not been adopted and can still change; the current code (unofficial compilation) governs until a recodified Code is adopted. Matches between sections are made by machine from the texts and are reviewed where uncertain.
Wording changed minor wording (98% same words)
Notable changes
- New requirement: …school-related function. A person shall not be intoxicated
orin a public place. 3. A person shall not simulate intoxication in a public place. 3. When…
What changed
A. “Arrest” means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.
B. “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.
C. “Peace officer” means the same as defined in Section 801.4 of the Code of Iowa.
D. “School” means a public or private school or that portion of a public or private school
2. A person shall not use or consume alcoholic liquor,
3. A person shall not simulate intoxication in a public place.
(Code of Iowa, Sec. 123.46)
Word-level comparison of the current text with the draft's; spacing and paragraph breaks come from the documents' text. Footnotes are left out.
Current code
§ 45.02 Public Consumption Or Intoxication
1. As used in this section unless the context otherwise requires:
A. “Arrest” means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.
B. “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.
C. “Peace officer” means the same as defined in Section 801.4 of the Code of Iowa.
D. “School” means a public or private school or that portion of a public or private school which provides teaching for any grade from kindergarten through grade twelve.
2. A person shall not use or consume alcoholic liquor, wine or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place, except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending any public or private school-related function. A person shall not be intoxicated or simulate intoxication in a public place.
3. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the Commissioner of Public Safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.
(Code of Iowa, Sec. 123.46)
2026 draft
§ 45.02 Public Consumption Or Intoxication
1. As used in this section unless the context otherwise requires:
A. “Arrest” means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.
B. “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.
C. “Peace officer” means the same as defined in Section 801.4 of the Code of Iowa.
D. “School” means a public or private school or that portion of a public or private school that provides teaching for any grade from kindergarten through grade twelve.
2. A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place, except premises covered by a retail alcohol license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending any public or private school-related function. A person shall not be intoxicated in a public place.
3. A person shall not simulate intoxication in a public place.
4. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the Commissioner of Public Safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.
(Code of Iowa, Sec. 123.46)
Back to draft chapter 45 · All changes
Data last updated October 22, 2026. Built from the archive's documents; see how the data is built.