Bill Text: IA HF10 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act concerning review of disapproval of applications for liquor control licenses and permits by local authorities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-26 - Subcommittee, Cownie, Oldson and Soderberg. H.J. 148. [HF10 Detail]
Download: Iowa-2015-HF10-Introduced.html
House File 10 - Introduced HOUSE FILE BY HUNTER A BILL FOR 1 An Act concerning review of disapproval of applications for 2 liquor control licenses and permits by local authorities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1226HH (2) 86 ec/nh PAG LIN 1 1 Section 1. Section 123.32, subsection 6, paragraph a, Code 1 2 2015, is amended to read as follows: 1 3 a. Upon receipt of an application having been disapproved 1 4 by the local authority, the administrator shall notify the 1 5 applicant that the applicant may appeal the disapproval of the 1 6 application to theadministratordistrict court as provided in 1 7 this section. The applicant shall be notified by certified 1 8 mail, and the application, the fee, and any bond shall be 1 9 returned to the applicant. 1 10 Sec. 2. Section 123.32, subsection 7, Code 2015, is amended 1 11 by striking the subsection. 1 12 Sec. 3. Section 123.32, subsection 8, Code 2015, is amended 1 13 to read as follows: 1 14 8. Judicial review. 1 15 a. The applicant or the local authority may seek judicial 1 16 review of the action of the administrator in accordance with 1 17 the terms of the Iowa administrative procedure Act, chapter 1 18 17A. Notwithstanding the terms of the Iowa administrative 1 19 procedure Act, chapter 17A, petitions for judicial review may 1 20 be filed in the district court of the county where the premises 1 21 covered by the application are situated. 1 22 b. The applicant may file an action in the district court 1 23 of the county where the premises covered by the application is 1 24 situated to seek judicial review of the action of the local 1 25 authority in disapproving an application. 1 26 EXPLANATION 1 27 The inclusion of this explanation does not constitute agreement with 1 28 the explanation's substance by the members of the general assembly. 1 29 This bill eliminates the ability of an applicant for a 1 30 liquor control license, wine permit, or beer permit to appeal 1 31 the denial of the license or permit by the applicable local 1 32 authority to the administrator of the alcoholic beverages 1 33 division of the department of commerce. Instead, the bill 1 34 provides that an applicant may seek judicial review of the 1 35 denial of the license or permit by filing an action in the 2 1 district court of the county where the premises covered by the 2 2 application is located. LSB 1226HH (2) 86 ec/nh