Bill Text: IA HF2168 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the suspension of an alcoholic beverages permit or license by a local authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-31 - Subcommittee: Highfill, Koester and Lensing. H.J. 181. [HF2168 Detail]

Download: Iowa-2017-HF2168-Introduced.html

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House File 2168 - Introduced




                                 HOUSE FILE       
                                 BY  MASCHER

                                      A BILL FOR

  1 An Act relating to the suspension of an alcoholic beverages
  2    permit or license by a local authority.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5898YH (3) 87
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PAG LIN



  1  1    Section 1.  Section 123.32, subsection 9, Code 2018, is
  1  2 amended to read as follows:
  1  3    9.  Suspension by local authority.  A liquor control licensee
  1  4 or a wine or beer permittee whose license or permit has been
  1  5 suspended or revoked or a civil penalty imposed by a local
  1  6 authority for a violation of this chapter or suspended by
  1  7 a local authority for violation of a local ordinance may
  1  8 appeal the suspension, revocation, or civil penalty to the
  1  9 administrator. The administrator may appoint a member of
  1 10 the division or may request an administrative law judge from
  1 11 the department of inspections and appeals to hear the appeal
  1 12 which shall be conducted in accordance with chapter 17A and to
  1 13 issue a proposed decision. The administrator may review the
  1 14 proposed decision upon the motion of a party to the appeal or
  1 15 upon the administrator's own motion in accordance with chapter
  1 16 17A.  Upon review of the proposed decision, the administrator
  1 17 may affirm, reverse, or modify the proposed decision. A
  1 18 liquor control licensee, wine or beer permittee, or a local
  1 19 authority aggrieved by a decision of the administrator may
  1 20 seek judicial review of the decision pursuant to chapter 17A.
  1 21 However, notwithstanding any provision of this chapter to
  1 22 the contrary, a decision by a local authority to suspend any
  1 23 retail wine or beer permit or liquor control license for a
  1 24 third violation of any ordinance or regulation adopted by the
  1 25 local authority within a year shall be final and the license or
  1 26 permit holder shall not be entitled to appeal the decision to
  1 27 the administrator.
  1 28                           EXPLANATION
  1 29 The inclusion of this explanation does not constitute agreement with
  1 30 the explanation's substance by the members of the general assembly.
  1 31    This bill relates to appeal rights for the suspension of
  1 32 a retail wine or beer permit or liquor control license by
  1 33 a local authority.  The bill provides that a decision by a
  1 34 local authority to suspend any permit or license for a third
  1 35 violation of any ordinance adopted by the local authority
  2  1 within a year shall be final and the license or permit
  2  2 holder shall not be entitled to appeal the decision to the
  2  3 administrator of the alcoholic beverages division.
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