Bill Text: IA HSB633 | 2021-2022 | 89th General Assembly | Introduced
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.(See HF 2340.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-09 - Committee report approving bill, renumbered as HF 2340. [HSB633 Detail]
Download: Iowa-2021-HSB633-Introduced.html
House
Study
Bill
633
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
public
safety
nuisances
concerning
licensed
1
premises
where
alcoholic
beverages,
wine,
or
beer
is
sold
or
2
consumed.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5439YC
(3)
89
ec/rn
H.F.
_____
Section
1.
NEW
SECTION
.
123.56
Public
safety
nuisances
——
1
procedure.
2
1.
A
public
safety
nuisance
exists
at
a
licensed
premises
3
for
purposes
of
this
section
when
it
is
established
by
clear
4
and
convincing
evidence
that
an
owner,
manager,
employee,
5
contemporaneous
patron
or
guest
of
the
licensed
premises
6
commits
any
of
the
following
acts
either
on
the
premises
or
7
within
one
thousand
feet
of
the
premises:
8
a.
Unlawfully
discharges
a
firearm
or
uses
an
offensive
9
weapon,
as
defined
in
section
724.1,
regardless
of
whether
it
10
inflicts
injury
or
death.
11
b.
Assaults
another
person
with
a
dangerous
weapon
as
12
defined
in
section
702.7
resulting
in
injury
or
death.
13
c.
Engages
in
a
riot
as
defined
in
section
723.1
on
at
14
least
three
separate
days
within
any
twelve-month
period
in
15
which
a
peace
officer
responded
for
purposes
of
dispersing
the
16
participants
in
the
riot.
A
person
who
willingly
joins
in
or
17
remains
a
part
of
a
riot
need
not
be
the
same
person
for
each
18
riot
incident.
19
2.
If
the
county
attorney
or
city
attorney
where
the
20
licensed
premises
is
located
has
reason
to
believe
a
public
21
safety
nuisance
that
constitutes
a
serious
threat
to
the
22
public
safety
exists,
the
county
attorney
or
city
attorney,
or
23
attorney
acting
at
the
direction
of
the
county
attorney
or
city
24
attorney,
may
file
a
suit
in
equity
in
district
court
without
25
bond
seeking
abatement
of
a
public
safety
nuisance
arising
26
from
a
premises
licensed
under
this
chapter
pursuant
to
the
27
requirements
of
this
section.
28
3.
An
action
filed
pursuant
to
subsection
2
shall
be
given
29
priority
over
other
business
pending
before
the
district
court
30
and
the
trial
shall
begin
within
forty-five
days
after
the
31
filing
of
the
action.
The
petitioner
may
seek
a
temporary
32
injunction
prior
to
trial.
33
4.
In
an
action
seeking
abatement
of
a
public
safety
34
nuisance
as
provided
in
this
section,
evidence
of
other
35
-1-
LSB
5439YC
(3)
89
ec/rn
1/
3
H.F.
_____
current
violations
of
this
chapter
may
be
received
by
the
1
court
and
considered
in
determining
the
remedial
provisions
2
of
any
abatement
order.
In
addition,
evidence
of
prior
3
sanctions,
violations
of
law,
nuisance
behavior,
or
general
4
reputation
relating
to
the
licensed
premises
may
be
admissible
5
in
determining
the
reasonableness
of
remedial
provisions
of
an
6
abatement
order.
However,
evidence
of
a
prior
conviction
of
7
the
licensee,
managers,
employees,
or
contemporaneous
patrons
8
and
guests
is
not
necessary
for
purposes
of
considering
or
9
issuing
an
abatement
order
under
this
section.
In
an
action
10
under
this
section,
the
administrator
may
submit
to
the
court
11
a
report
as
evidence
on
behalf
of
the
division
regarding
12
the
compliance
history
of
the
licensee
or
permittee
for
13
consideration
by
the
court.
14
5.
If
the
district
court
finds
that
a
public
safety
nuisance
15
exists,
the
court
may
enter
judgment
declaring
the
existence
16
of
the
nuisance
and
order
such
remedial
action
as
the
court
17
determines
reasonable
to
abate
the
nuisance.
The
abatement
18
order
may
take
the
form
of
an
injunction.
The
duration
of
an
19
abatement
order
may
be
up
to
two
years.
Remedial
action
may
20
include
but
is
not
limited
to
temporary
closure
of
the
licensed
21
premises,
revocation
of
the
license
for
such
period
of
time
as
22
is
consistent
with
section
123.40,
required
change
in
business
23
practice
or
operations,
or
posting
of
a
bond.
If
a
bond
is
24
ordered
and
posted,
the
bond
shall
be
subject
to
forfeiture,
25
in
whole
or
in
part,
for
any
further
actions
contrary
to
the
26
abatement
order.
27
6.
For
purposes
of
this
section,
“licensed
premises”
does
28
not
include
a
licensed
premises
that
is
licensed
as
a
food
29
establishment,
as
defined
in
section
137F.1,
at
the
same
30
location.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
establishes
the
requirements
for
establishing
and
35
-2-
LSB
5439YC
(3)
89
ec/rn
2/
3
H.F.
_____
abating
a
public
safety
nuisance
under
Code
chapter
123.
1
New
Code
section
123.56
provides
that
a
public
safety
2
nuisance
exists
when
it
is
established
by
clear
and
convincing
3
evidence
that
an
owner,
manager,
employee,
contemporaneous
4
patron,
or
guest
of
the
licensed
premises
unlawfully
discharges
5
a
firearm
or
uses
an
offensive
weapon,
assaults
another
person
6
with
a
dangerous
weapon,
or
engages
in
a
riot
on
at
least
three
7
separate
days
within
any
12-month
period,
on
the
premises
or
8
within
1,000
feet
of
the
premises.
9
The
bill
provides
that
if
the
county
attorney
or
city
10
attorney
where
the
licensed
premises
is
located
believes
a
11
public
safety
nuisance
exists,
the
county
attorney
or
city
12
attorney,
or
attorney
acting
at
the
direction
of
the
county
13
attorney
or
city
attorney,
may
file
a
suit
in
equity
in
14
district
court
without
bond
seeking
abatement
of
the
public
15
safety
nuisance.
The
bill
provides
that
a
public
safety
16
nuisance
action
shall
be
given
priority
over
other
business
17
pending
before
the
district
court
and
the
trial
shall
begin
18
within
45
days
after
the
filing
of
the
action.
The
bill
19
then
describes
evidence
that
may
be
considered
in
an
action
20
seeking
abatement
of
the
public
safety
nuisance.
The
bill
21
provides
that
if
the
district
court
finds
that
a
public
safety
22
nuisance
exists,
the
court
may
enter
judgment
declaring
the
23
existence
of
the
nuisance
and
order
such
remedial
action
as
24
the
court
determines
reasonable
to
abate
the
nuisance.
The
25
bill
describes
appropriate
remedial
action
that
may
be
taken
26
by
the
district
court.
Finally,
the
bill
excludes
a
licensed
27
premises
that
is
also
licensed
as
a
food
establishment
from
the
28
provision
of
the
bill.
29
-3-
LSB
5439YC
(3)
89
ec/rn
3/
3
