Bill Text: IA HF217 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act concerning review of disapproval of applications for retail alcohol licenses by local authorities.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2023-02-07 - Introduced, referred to Commerce. H.J. 256. [HF217 Detail]
Download: Iowa-2023-HF217-Introduced.html
House
File
217
-
Introduced
HOUSE
FILE
217
BY
AMOS
,
SCHOLTEN
,
ABDUL-SAMAD
,
SRINIVAS
,
KURTH
,
BAETH
,
and
BROWN-POWERS
A
BILL
FOR
An
Act
concerning
review
of
disapproval
of
applications
for
1
retail
alcohol
licenses
by
local
authorities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
217
Section
1.
Section
123.32,
subsection
6,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
Upon
receipt
of
an
application
having
been
disapproved
3
by
the
local
authority,
the
administrator
shall
notify
the
4
applicant
that
the
applicant
may
appeal
the
disapproval
of
the
5
application
to
the
administrator
district
court
as
provided
in
6
this
section
.
The
applicant
shall
be
notified
by
certified
7
mail
or
personal
service,
and
the
application,
the
fee,
and
any
8
bond
shall
be
returned
to
the
applicant.
9
Sec.
2.
Section
123.32,
subsection
7,
Code
2023,
is
amended
10
by
striking
the
subsection.
11
Sec.
3.
Section
123.32,
subsection
8,
Code
2023,
is
amended
12
to
read
as
follows:
13
8.
Judicial
review.
14
a.
The
applicant
or
the
local
authority
may
seek
judicial
15
review
of
the
action
of
the
administrator
in
accordance
with
16
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17
17A
.
Notwithstanding
the
terms
of
the
Iowa
administrative
18
procedure
Act,
chapter
17A
,
petitions
for
judicial
review
may
19
be
filed
in
the
district
court
of
the
county
where
the
premises
20
covered
by
the
application
are
situated.
21
b.
The
applicant
may
file
an
action
in
the
district
court
22
of
the
county
where
the
premises
covered
by
the
application
is
23
situated
to
seek
judicial
review
of
the
action
of
the
local
24
authority
in
disapproving
an
application.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
eliminates
the
ability
of
an
applicant
for
a
29
retail
alcohol
license,
wine
permit,
or
beer
permit
to
appeal
30
the
denial
of
the
license
by
the
applicable
local
authority
to
31
the
administrator
of
the
alcoholic
beverages
division
of
the
32
department
of
commerce.
Instead,
the
bill
provides
that
an
33
applicant
may
seek
judicial
review
of
the
denial
of
the
license
34
by
filing
an
action
in
the
district
court
of
the
county
where
35
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