H.F. 2306 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 35 -1- LSB 5742YH (4) 88 ec/rh 1/ 3

H.F. 2306 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 35 -2- LSB 5742YH (4) 88 ec/rh 2/ 3

H.F. 2306 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 -3- LSB 5742YH (4) 88 ec/rh 3/ 3