Bill Text: IA HF2003 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to persons involved in the sale of alcoholic beverages, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-24 - Subcommittee: Highfill, Koester and Lensing. H.J. 150. [HF2003 Detail]
Download: Iowa-2017-HF2003-Introduced.html
House File 2003 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act relating to persons involved in the sale of alcoholic 2 beverages, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5150YH (3) 87 ns/rh PAG LIN 1 1 Section 1. Section 123.39, subsection 1, paragraph b, Code 1 2 2018, is amended by adding the following new subparagraph: 1 3 NEW SUBPARAGRAPH. (7) Failure to submit a plan and 1 4 procedure for the transportation of intoxicated persons to the 1 5 satisfaction of the division or local authority as required by 1 6 section 123.50, subsection 6. 1 7 Sec. 2. Section 123.49, Code 2018, is amended by adding the 1 8 following new subsection: 1 9 NEW SUBSECTION. 1A. A person holding a liquor control 1 10 license or wine or beer permit for on=premises consumption 1 11 shall not sell, dispense, or give to a person any alcoholic 1 12 liquor, wine, or beer, if the person's driver's license is 1 13 marked with an operating=while=intoxicated emblem pursuant to 1 14 section 321.189, subsection 2, paragraph "0c". 1 15 Sec. 3. Section 123.50, Code 2018, is amended by adding the 1 16 following new subsection: 1 17 NEW SUBSECTION. 6. If an employee of a licensee or 1 18 permittee violates section 123.49, subsection 1, the licensee 1 19 or permittee shall submit to the division or local authority 1 20 a plan and procedure for the licensee or permittee to obtain 1 21 transportation for intoxicated persons on the premises of the 1 22 licensee's or permittee's business from the licensee's or 1 23 permittee's business to the intoxicated person's permanent or 1 24 temporary place of residence. Failure to submit such a plan 1 25 and procedure to the satisfaction of the division or local 1 26 authority shall be grounds for the suspension or revocation 1 27 of the license or permit of the licensee or permittee by the 1 28 division or the local authority. 1 29 Sec. 4. Section 123.50A, Code 2018, is amended by adding the 1 30 following new subsection: 1 31 NEW SUBSECTION. 5. An employee or prospective employee 1 32 of a licensee or permittee shall complete or re=complete the 1 33 alcohol compliance employee training program if the employee, 1 34 prospective employee, or another employee of the licensee 1 35 or permittee is convicted of a violation of section 123.49, 2 1 subsection 1 or 1A. The employee or prospective employee shall 2 2 attend the next available alcohol compliance employee training 2 3 program taking place within one hundred miles of the licensee's 2 4 or permittee's business. 2 5 Sec. 5. Section 321.189, subsection 2, Code 2018, is amended 2 6 by adding the following new paragraph: 2 7 NEW PARAGRAPH. 0c. If the licensee's operating record 2 8 indicates the licensee has been convicted of, or the licensee's 2 9 driver's license has been revoked for, a violation of section 2 10 321J.2 or 321J.2A, the driver's license shall contain an 2 11 operating=while=intoxicated emblem designed by the department 2 12 that shall appear prominently on the back of the license. 2 13 If the licensee's operating record no longer indicates the 2 14 licensee has been convicted of, or the licensee's driver's 2 15 license has been revoked for, a violation of section 321J.2 or 2 16 321J.2A due to the deletion of such records pursuant to section 2 17 321.12, the licensee may apply for a replacement driver's 2 18 license without an operating=while=intoxicated emblem pursuant 2 19 to subsection 3. 2 20 EXPLANATION 2 21 The inclusion of this explanation does not constitute agreement with 2 22 the explanation's substance by the members of the general assembly. 2 23 This bill prohibits the holder of a liquor control license 2 24 or wine or beer permit (licensee or permittee) for on=premises 2 25 consumption from selling, dispensing, or giving a person any 2 26 alcoholic liquor, wine, or beer, if the person's driver's 2 27 license is marked with an operating=while=intoxicated (OWI) 2 28 emblem indicating the person has been convicted of an OWI 2 29 offense or has had the person's driver's license revoked due 2 30 to an OWI violation. By operation of law, a violation of 2 31 this provision is a simple misdemeanor and is grounds for the 2 32 suspension or revocation of the license or permit under Code 2 33 section 123.50, and may result in a civil penalty not to exceed 2 34 $1,000 under Code section 123.39. 2 35 The bill requires a licensee or permittee with an employee 3 1 who has served alcohol to an intoxicated person in violation 3 2 of Code section 123.49 to submit to the alcoholic beverages 3 3 division of the department of commerce (division) or a local 3 4 authority a plan and procedure for the licensee or permittee to 3 5 obtain transportation for intoxicated persons on the premises 3 6 of a licensee's or permittee's business from the business 3 7 to the intoxicated person's permanent or temporary place of 3 8 residence. Failure to submit such a plan and procedure to the 3 9 satisfaction of the division or local authority is grounds for 3 10 the suspension or revocation of the license or permit of the 3 11 licensee or permittee, and may result in a civil penalty not 3 12 to exceed $1,000. 3 13 The bill also requires an employee or prospective employee 3 14 of a licensee or permittee to complete or re=complete an 3 15 alcohol compliance employee training program if the employee, 3 16 prospective employee, or another employee of the licensee or 3 17 permittee is convicted of serving alcohol to an intoxicated 3 18 person or to a person with a driver's license marked with 3 19 an OWI emblem. The bill requires the person to attend the 3 20 next available alcohol compliance employee training program 3 21 taking place within 100 miles of the licensee's or permittee's 3 22 business. 3 23 The bill provides that if a person's motor vehicle operating 3 24 record indicates the person has been convicted of, or the 3 25 person's driver's license has been revoked for, a violation of 3 26 Code section 321J.2 (operating a motor vehicle while under the 3 27 influence of alcohol or a drug) or 321J.2A (persons under the 3 28 age of 21 operating a motor vehicle while intoxicated), the 3 29 driver's license must contain an OWI emblem designed by the 3 30 department of transportation that must appear prominently on 3 31 the back of the license. However, the bill also provides that 3 32 if the person's operating record no longer indicates the person 3 33 has been convicted of, or the person's driver's license has 3 34 been revoked for, a violation of Code section 321J.2 or 321J.2A 3 35 due to the deletion of such records pursuant to Code section 4 1 321.12, the person may apply for a replacement driver's license 4 2 without an OWI emblem. LSB 5150YH (3) 87 ns/rh
