Bill Text: IA HF2306 | 2019-2020 | 88th 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-17 - Subcommittee recommends amendment and passage. [HF2306 Detail]
Download: Iowa-2019-HF2306-Introduced.html
House
File
2306
-
Introduced
HOUSE
FILE
2306
BY
PAUSTIAN
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
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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
a
premises
licensed
under
6
this
chapter
commits
any
of
the
following
acts
either
on
the
7
premises
or
within
one
thousand
five
hundred
feet
of
the
8
premises:
9
a.
Unlawfully
discharges
a
firearm
or
uses
an
offensive
10
weapon,
as
defined
in
section
724.1,
regardless
of
whether
it
11
inflicts
injury
or
death.
12
b.
Assaults
another
person
with
a
dangerous
weapon
as
13
defined
in
section
702.7
resulting
in
injury
or
death.
14
c.
Engages
in
a
riot
as
defined
in
section
723.1
on
at
15
least
three
separate
days
within
any
twelve-month
period
in
16
which
a
peace
officer
responded
for
purposes
of
dispersing
the
17
participants
in
the
riot.
A
person
who
willingly
joins
in
or
18
remains
a
part
of
a
riot
need
not
be
the
same
person
for
each
19
riot
incident.
20
2.
If
the
county
attorney
or
city
attorney
where
the
21
licensed
premises
is
located
has
reason
to
believe
a
public
22
safety
nuisance
that
constitutes
a
serious
threat
to
the
23
public
safety
exists,
the
county
attorney
or
city
attorney,
or
24
attorney
acting
at
the
direction
of
the
county
attorney
or
city
25
attorney,
may
file
a
suit
in
equity
in
district
court
without
26
bond
seeking
abatement
of
a
public
safety
nuisance
arising
27
from
a
premises
licensed
under
this
chapter
pursuant
to
the
28
requirements
of
this
section.
29
3.
An
action
filed
pursuant
to
subsection
2
shall
be
given
30
priority
over
other
business
pending
before
the
district
court
31
and
the
trial
shall
begin
within
forty-five
days
after
the
32
filing
of
the
action.
The
petitioner
may
seek
a
temporary
33
injunction
prior
to
trial.
34
4.
In
an
action
seeking
abatement
of
a
public
safety
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nuisance
as
provided
in
this
section,
evidence
of
other
1
current
violations
of
this
chapter
may
be
received
by
the
2
court
and
considered
in
determining
the
remedial
provisions
3
of
any
abatement
order.
In
addition,
evidence
of
prior
4
sanctions,
violations
of
law,
nuisance
behavior,
or
general
5
reputation
relating
to
the
licensed
premises
may
be
admissible
6
in
determining
the
reasonableness
of
remedial
provisions
of
an
7
abatement
order.
However,
evidence
of
a
prior
conviction
of
8
the
licensee,
managers,
employees,
or
contemporaneous
patrons
9
and
guests
is
not
necessary
for
purposes
of
considering
or
10
issuing
an
abatement
order
under
this
section.
In
an
action
11
under
this
section,
the
administrator
may
submit
to
the
court
12
a
report
as
evidence
on
behalf
of
the
division
regarding
13
the
compliance
history
of
the
licensee
or
permittee
for
14
consideration
by
the
court.
15
5.
If
the
district
court
finds
that
a
public
safety
nuisance
16
exists,
the
court
may
enter
judgment
declaring
the
existence
17
of
the
nuisance
and
order
such
remedial
action
as
the
court
18
determines
reasonable
to
abate
the
nuisance.
The
abatement
19
order
may
take
the
form
of
an
injunction.
The
duration
of
an
20
abatement
order
may
be
up
to
two
years.
Remedial
action
may
21
include
but
is
not
limited
to
temporary
closure
of
the
licensed
22
premises,
revocation
of
the
license
for
such
period
of
time
as
23
is
consistent
with
section
123.40,
required
change
in
business
24
practice
or
operations,
or
posting
of
a
bond.
If
a
bond
is
25
ordered
and
posted,
the
bond
shall
be
subject
to
forfeiture,
26
in
whole
or
in
part,
for
any
further
actions
contrary
to
the
27
abatement
order.
28
6.
This
section
shall
be
the
exclusive
method
for
29
establishing
and
abating
a
public
safety
nuisance
as
described
30
in
this
section.
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
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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
a
premises
licensed
under
Code
chapter
123
5
unlawfully
discharges
a
firearm
or
uses
an
offensive
weapon,
6
assaults
another
person
with
a
dangerous
weapon,
or
engages
7
in
a
riot
on
at
least
three
separate
days
within
any
12-month
8
period,
on
the
premises
or
within
1,500
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
then
19
describes
evidence
that
may
be
considered
in
an
action
seeking
20
abatement
of
the
public
safety
nuisance.
Finally,
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
the
24
court
determines
reasonable
to
abate
the
nuisance.
The
bill
25
describes
appropriate
remedial
action
that
may
be
taken
by
the
26
district
court.
27
The
bill
also
provides
that
the
new
Code
section
shall
be
the
28
exclusive
method
for
establishing
and
abating
a
public
safety
29
nuisance
as
described
in
the
new
Code
section.
30
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