Bill Text: IA HF38 | 2017-2018 | 87th General Assembly | Introduced

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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) 2017-01-18 - Introduced, referred to State Government. H.J. 92. [HF38 Detail]

Download: Iowa-2017-HF38-Introduced.html

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House File 38 - 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 1830YH (2) 87
    ec/nh

PAG LIN



  1  1    Section 1.  Section 123.32, subsection 6, paragraph a, Code
  1  2 2017, 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 the administrator district 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 2017, is amended
  1 11 by striking the subsection.
  1 12    Sec. 3.  Section 123.32, subsection 8, Code 2017, 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 1830YH (2) 87
       ec/nh