Text: HF00506 Text: HF00508 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.32, subsections 5, 6, and 7, Code 1 2 1997, are amended to read as follows: 1 3 5. APPEAL TO ADMINISTRATOR. An applicant for a liquor 1 4 control license, wine permit, or beer permit may appeal from 1 5 the local authority's disapproval of an application for a 1 6 license or permit to the administrator. In the appeal the 1 7 applicant shall be allowed the opportunity to demonstrate in 1 8 an evidentiary hearing conducted pursuant to chapter 17A that 1 9 the applicant complies with all of the requirements for 1 10 holding the license or permit. The administrator may appoint 1 11 a member of the division or may request an administrative law 1 12 judge from the department of inspections and appeals to 1 13 conduct the evidentiary hearing and to render a proposed 1 14 decision to approve or disapprove the issuance of the license 1 15 or permit. The administrator may affirm, reverse, or modify1 16 the proposed decision or recommend that the local authority 1 17 reverse its decision. If the administrator determines that 1 18 the applicant complies with all of the requirements for 1 19 holding a license or permit, the administrator shallorder the1 20issuance of the license or permitnotify, by certified mail, 1 21 the local authority of the administrator's finding. The local 1 22 authority shall reconsider the application based on the 1 23 administrator's findings and its own findings and approve or 1 24 disapprove the application. The second disapproval by the 1 25 local authority shall be the final administrative decision on 1 26 the application. If the administrator determines that the 1 27 applicant does not comply with the requirements for holding a 1 28 license or permit, the administrator shall disapprove the 1 29 issuance of the license or permit. 1 30 6. JUDICIAL REVIEW. The applicantor the local authority1 31 may seek judicial review of the action of the administrator in 1 32 accordance with the terms of the Iowa administrative procedure 1 33 Act. Notwithstanding the terms of the Iowa administrative 1 34 procedure Act, petitions for judicial review may be filed in 1 35 the district court of the county where the premises covered by 2 1 the application are situated. The applicant may seek judicial 2 2 review of a second disapproval by the local authority in the 2 3 district court of the county where the premises covered by the 2 4 application are located. 2 5 7. SUSPENSION BY LOCAL AUTHORITY. A liquor control 2 6 licensee or a wine or beer permittee whose license or permit 2 7 has been suspended or revoked or a civil penalty imposed by a 2 8 local authority for a violation of this chapter or suspended 2 9 by a local authority for violation of a local ordinance may 2 10 appeal the suspension, revocation, or civil penalty to the 2 11 administrator. The administrator may appoint a member of the 2 12 division or may request an administrative law judge from the 2 13 department of inspections and appeals to hear the appeal which 2 14 shall be conducted in accordance with chapter 17A and to issue 2 15 a proposed decision. The administrator may review the 2 16 proposed decision upon the motion of a party to the appeal or 2 17 upon the administrator's own motion in accordance with chapter 2 18 17A. Upon review of the proposed decision, the administrator 2 19 may affirm, reverse, or modifythe proposed decision or 2 20 recommend that the local authority reverse its decision.A2 21liquor control licensee, wine or beer permittee, or a local2 22authority aggrieved by a decision of the administrator may2 23seek judicial review of the decision pursuant to chapter 17A.2 24 The local authority shall reconsider the suspension, 2 25 revocation, or civil penalty, and affirm or reverse its 2 26 action. A liquor control licensee or wine or beer permittee 2 27 may seek judicial review of the decision of the local 2 28 authority in the district court of the county where the 2 29 premises subject to the decision are located. 2 30 EXPLANATION 2 31 This bill provides that applications for liquor control 2 32 licenses and wine and beer permits which are disapproved by a 2 33 city or county are subject to reconsideration by the city or 2 34 county if the same application is recommended to be approved 2 35 by the administrator of the alcoholic beverages division of 3 1 the department of commerce. If the city or county disapproves 3 2 the application upon reconsideration, the license or permit is 3 3 denied. The decision may be appealed to the district court. 3 4 The bill also provides that a suspension or revocation of 3 5 an alcoholic beverage license or permit or a civil penalty 3 6 imposed by a city or county is subject to reconsideration by 3 7 the city or county if, upon appeal, the administrator of the 3 8 alcoholic beverages division recommends reversal. If the city 3 9 or county reaffirms its previous action, the action of the 3 10 city or county may be appealed to the district court. 3 11 LSB 2426HH 77 3 12 tj/cf/24
Text: HF00506 Text: HF00508 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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