Text: HF00603 Text: HF00605 Text: HF00600 - HF00699 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 – NEW LICENSE OR PERMIT.AnA 1 4 new applicant for a liquor control license, wine permit, or 1 5 beer permit may appeal from the local authority's disapproval 1 6 of an application for a license or permit to the 1 7 administrator. In the appeal the applicant shall be allowed 1 8 the opportunity to demonstrate in an evidentiary hearing 1 9 conducted pursuant to chapter 17A that the applicant complies 1 10 with all of the requirements for holding the license or 1 11 permit. The administrator may appoint a member of the 1 12 division or may request an administrative law judge from the 1 13 department of inspections and appeals to conduct the 1 14 evidentiary hearing and to render a proposed decision to 1 15 approve or disapprove the issuance of the license or permit. 1 16 The administrator may affirm, reverse, or modify the proposed 1 17 decision. If the administrator determines that the applicant 1 18 complies with all of the requirements for holding a license or 1 19 permit, the administrator shall order the issuance of the 1 20 license or permit. If the administrator determines that the 1 21 applicant does not comply with the requirements for holding a 1 22 license or permit, the administrator shall disapprove the 1 23 issuance of the license or permit. 1 24 6. JUDICIAL REVIEW. The applicant for a new license or 1 25 permit or the local authority may seek judicial review of the 1 26 action of the administrator in accordance with the terms of 1 27 the Iowa administrative procedure Act. Notwithstanding the 1 28 terms of the Iowa administrative procedure Act, petitions for 1 29 judicial review may be filed in the district court of the 1 30 county where the premises covered by the application are 1 31 situated. The applicant for a renewal of a license or permit 1 32 may seek judicial review of a second disapproval by the local 1 33 authority in the district court of the county where the 1 34 premises covered by the application are located. 1 35 7. SUSPENSION BY LOCAL AUTHORITY. A liquor control 2 1 licensee or a wine or beer permittee whose license or permit 2 2 has been suspended or revoked or a civil penalty imposed by a 2 3 local authority for a violation of this chapter or suspended 2 4 by a local authority for violation of a local ordinance may 2 5 appeal the suspension, revocation, or civil penalty to the 2 6 administrator. The administrator may appoint a member of the 2 7 division or may request an administrative law judge from the 2 8 department of inspections and appeals to hear the appeal which 2 9 shall be conducted in accordance with chapter 17A and to issue 2 10 a proposed decision. The administrator may review the 2 11 proposed decision upon the motion of a party to the appeal or 2 12 upon the administrator's own motion in accordance with chapter 2 13 17A. Upon review of the proposed decision, the administrator 2 14 may affirm, reverse, or modifythe proposed decision or 2 15 recommend that the local authority reverse its decision.A2 16liquor control licensee, wine or beer permittee, or a local2 17authority aggrieved by a decision of the administrator may2 18seek judicial review of the decision pursuant to chapter 17A.2 19 The local authority shall reconsider the suspension, 2 20 revocation, or civil penalty, and affirm or reverse its 2 21 action. A liquor control licensee or wine or beer permittee 2 22 may seek judicial review of the decision of the local 2 23 authority in the district court of the county where the 2 24 premises subject to the decision are located. 2 25 Sec. 2. Section 123.32, Code 1997, is amended by adding 2 26 the following new subsection: 2 27 NEW SUBSECTION. 5A. APPEAL TO ADMINISTRATOR – RENEWAL 2 28 LICENSE OR PERMIT. An applicant for the renewal of a liquor 2 29 control license, wine permit, or beer permit may appeal from 2 30 the local authority's disapproval of an application for a 2 31 license or permit to the administrator. In the appeal the 2 32 applicant shall be allowed the opportunity to demonstrate in 2 33 an evidentiary hearing conducted pursuant to chapter 17A that 2 34 the applicant complies with all of the requirements for 2 35 holding the license or permit. The administrator may appoint 3 1 a member of the division or may request an administrative law 3 2 judge from the department of inspections and appeals to 3 3 conduct the evidentiary hearing and to render a proposed 3 4 decision to approve or disapprove the issuance of the license 3 5 or permit. The administrator may affirm the proposed decision 3 6 or recommend that the local authority reverse its decision. 3 7 If the administrator determines that the applicant complies 3 8 with all of the requirements for holding a license or permit, 3 9 the administrator shall notify, by certified mail, the local 3 10 authority of the administrator's finding. The local authority 3 11 shall reconsider the application based on the administrator's 3 12 findings and its own findings and approve or disapprove the 3 13 application. The second disapproval by the local authority 3 14 shall be the final administrative decision on the application. 3 15 If the administrator determines that the applicant does not 3 16 comply with the requirements for holding a license or permit, 3 17 the administrator shall disapprove the issuance of the license 3 18 or permit. 3 19 EXPLANATION 3 20 This bill provides that applications for a renewal of 3 21 liquor control licenses and wine and beer permits which are 3 22 disapproved by a city or county are subject to reconsideration 3 23 by the city or county if the same application is recommended 3 24 to be approved by the administrator of the alcoholic beverages 3 25 division of the department of commerce. If the city or county 3 26 disapproves the application upon reconsideration, the license 3 27 or permit is denied. The decision may be appealed to the 3 28 district court. 3 29 The bill also provides that a suspension or revocation of 3 30 an alcoholic beverage license or permit or a civil penalty 3 31 imposed by a city or county is subject to reconsideration by 3 32 the city or county if, upon appeal, the administrator of the 3 33 alcoholic beverages division recommends reversal. If the city 3 34 or county reaffirms its previous action, the action of the 3 35 city or county may be appealed to the district court. 4 1 LSB 1748HH 77 4 2 tj/cf/24
Text: HF00603 Text: HF00605 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 21 03:41:16 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00600/HF00604/970313.html
jhf