Bill Text: IA HF2340 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to public safety nuisances concerning licensed premises where alcoholic beverages, wine, or beer is sold or consumed. (Formerly HSB 633.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-09 - Signed by Governor. H.J. 944. [HF2340 Detail]
Download: Iowa-2021-HF2340-Enrolled.html
House
File
2340
-
Enrolled
House
File
2340
AN
ACT
RELATING
TO
PUBLIC
SAFETY
NUISANCES
CONCERNING
LICENSED
PREMISES
WHERE
ALCOHOLIC
BEVERAGES,
WINE,
OR
BEER
IS
SOLD
OR
CONSUMED.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
123.56
Public
safety
nuisances
——
procedure.
1.
A
public
safety
nuisance
exists
at
a
licensed
premises
for
purposes
of
this
section
when
it
is
established
by
clear
and
convincing
evidence
that
an
owner,
manager,
employee,
contemporaneous
patron,
or
guest
of
the
licensed
premises
commits
any
of
the
following
acts
on
the
licensed
premises
or
in
any
parking
lots
or
areas,
including
but
not
limited
to
public
rights
of
way,
adjacent
to
the
licensed
premises:
a.
Unlawfully
discharges
a
firearm
or
uses
an
offensive
weapon,
as
defined
in
section
724.1,
regardless
of
whether
it
inflicts
injury
or
death.
b.
Assaults
another
person
with
a
dangerous
weapon
as
defined
in
section
702.7
resulting
in
injury
or
death.
c.
Engages
in
a
riot
as
defined
in
section
723.1
on
at
least
three
separate
days
within
any
twelve-month
period
in
which
a
peace
officer
responded
for
purposes
of
dispersing
the
participants
in
the
riot.
A
person
who
willingly
joins
in
or
remains
a
part
of
a
riot
need
not
be
the
same
person
for
each
riot
incident.
House
File
2340,
p.
2
2.
If
the
county
attorney
or
city
attorney
where
the
licensed
premises
is
located
has
reason
to
believe
a
public
safety
nuisance
that
constitutes
a
serious
threat
to
the
public
safety
exists,
the
county
attorney
or
city
attorney,
or
attorney
acting
at
the
direction
of
the
county
attorney
or
city
attorney,
may
file
a
suit
in
equity
in
district
court
without
bond
seeking
abatement
of
a
public
safety
nuisance
arising
from
a
premises
licensed
under
this
chapter
pursuant
to
the
requirements
of
this
section.
3.
Upon
filing
a
suit
in
equity
in
district
court
pursuant
to
subsection
2,
the
county
attorney
or
city
attorney
shall
notify
the
administrator
of
the
action.
Upon
receiving
notice,
the
administrator
shall
issue
an
order
reducing
the
hours
during
which
alcoholic
beverages
may
be
sold
or
consumed
at
retail
on
the
licensed
premises
to
between
6:00
a.m.
and
10:00
p.m.
each
day
of
the
week
during
the
pendency
of
the
action
in
equity.
The
county
attorney
or
city
attorney
shall
notify
the
administrator
of
any
final
action
or
judgment
entered
resulting
from
the
action.
4.
In
an
action
seeking
abatement
of
a
public
safety
nuisance
as
provided
in
this
section,
evidence
of
other
current
violations
of
this
chapter
may
be
received
by
the
court
and
considered
in
determining
the
remedial
provisions
of
any
abatement
order.
In
addition,
evidence
of
prior
sanctions,
violations
of
law,
nuisance
behavior,
or
general
reputation
relating
to
the
licensed
premises
may
be
admissible
in
determining
the
reasonableness
of
remedial
provisions
of
an
abatement
order.
However,
evidence
of
a
prior
conviction
of
the
licensee,
managers,
employees,
or
contemporaneous
patrons
and
guests
is
not
necessary
for
purposes
of
considering
or
issuing
an
abatement
order
under
this
section.
In
an
action
under
this
section,
the
administrator
may
submit
to
the
court
a
report
as
evidence
on
behalf
of
the
division
regarding
the
compliance
history
of
the
licensee
or
permittee
for
consideration
by
the
court.
5.
If
the
district
court
finds
that
a
public
safety
nuisance
exists,
the
court
may
enter
judgment
declaring
the
existence
of
the
nuisance
and
order
such
remedial
action
as
the
court
determines
reasonable
to
abate
the
nuisance.
The
abatement
House
File
2340,
p.
3
order
may
take
the
form
of
an
injunction.
The
duration
of
an
abatement
order
may
be
up
to
two
years.
Remedial
action
may
include
but
is
not
limited
to
temporary
closure
of
the
licensed
premises,
revocation
of
the
license
for
such
period
of
time
as
is
consistent
with
section
123.40,
required
change
in
business
practice
or
operations,
or
posting
of
a
bond.
If
a
bond
is
ordered
and
posted,
the
bond
shall
be
subject
to
forfeiture,
in
whole
or
in
part,
for
any
further
actions
contrary
to
the
abatement
order.
6.
For
purposes
of
this
section,
“licensed
premises”
means
a
premises
where
alcoholic
beverages
are
authorized
to
be
sold
for
consumption
on
the
licensed
premises
and
where
the
serving
of
food
is
only
incidental
to
the
consumption
of
alcoholic
beverages
on
the
premises.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2340,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
