Text: HF02486 Text: HF02488 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2487 1 2 1 3 AN ACT 1 4 RELATING TO THE FINES AND PENALTIES APPLICABLE TO THE SALE OF 1 5 ALCOHOL AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 123.50, subsection 1, Code Supplement 1 10 1997, is amended to read as follows: 1 11 1. Any person who violates any of the provisions of 1 12 section 123.49, except subsection 2, paragraph "h", shall be 1 13 guilty of a simple misdemeanor. A person who violates section 1 14 123.49, subsection 2, paragraph "h", commits aserioussimple 1 15 misdemeanor punishableby a fine of one thousand five hundred1 16dollarsas a scheduled violation under section 805.8, 1 17 subsection 10, paragraph "a".If the violation is committed1 18by a person who is employed by a licensee or permittee, the1 19licensee or permittee and the individual shall each be deemed1 20to have committed the violation and shall each be punished as1 21provided in this subsection.1 22 Sec. 2. Section 123.50, subsection 3, paragraphs a, b, and 1 23 c, Code Supplement 1997, are amended to read as follows: 1 24 a. Upon a first conviction, the violator's liquor control 1 25 license, wine permit, or beer permit shall be suspended for a 1 26 period of fourteen days. However, if the conviction is for a 1 27 violation of section 123.49, subsection 2, paragraph "h", the 1 28 violator's liquor control license or wine or beer permit shall 1 29 not be suspended, but the violator shall be assessed a civil 1 30 penalty in the amount ofthreefive hundred dollars. Failure 1 31 to pay the civil penalty as ordered under section 123.39 for a 1 32 violation of section 123.49, subsection 2, paragraph "h", or 1 33 this subsection will result in automatic suspension of the 1 34 license or permit for a period of fourteen days. 1 35 b. Upon a second conviction within a period of two years, 2 1 the violator's liquor control license, wine permit, or beer 2 2 permit shall be suspended for a period of thirty days. 2 3 However, if the conviction is for a violation of section 2 4 123.49, subsection 2, paragraph "h", the violator shall also 2 5 be assessed a civil penalty in the amount of one thousand five 2 6 hundred dollars. 2 7 c. Upon a third conviction within a period of three years, 2 8 the violator's liquor control license, wine permit, or beer 2 9 permit shall be suspended for a period of sixty days. 2 10 However, if the conviction is for a violation of section 2 11 123.49, subsection 2, paragraph "h", the violator shall also 2 12 be assessed a civil penalty in the amount of one thousand five 2 13 hundred dollars. 2 14 Sec. 3. Section 321.284, Code 1997, is amended to read as 2 15 follows: 2 16 321.284 OPEN CONTAINERS IN MOTOR VEHICLES. 2 17 A person driving a motor vehicle shall not knowingly 2 18 possess in a motor vehicle upon a public street or highway an 2 19 open or unsealed bottle, can, jar, or other receptacle 2 20 containing an alcoholic beverage, wine, or beer with the 2 21 intent to consume the alcoholic beverage, wine, or beer while 2 22 the motor vehicle is upon a public street or highway. 2 23 Evidence that an open or unsealed receptacle containing an 2 24 alcoholic beverage, wine, or beer was found during an 2 25 authorized search in the glove compartment, utility 2 26 compartment, console, front passenger seat, or any unlocked 2 27 portable device and within the immediate reach of the driver 2 28 while the motor vehicle is upon a public street or highway is 2 29 evidence from which the court or jury may infer that the 2 30 driver intended to consume the alcoholic beverage, wine, or 2 31 beer while upon the public street or highway if the inference 2 32 is supported by corroborative evidence. However, an open or 2 33 unsealed receptacle containing an alcoholic beverage, wine, or 2 34 beer may be transported at any time in the trunk of the motor 2 35 vehicle or in some other area of the interior of the motor 3 1 vehicle not designed or intended to be occupied by the driver 3 2 and not readily accessible to the driver while the motor 3 3 vehicle is in motion. A person convicted of a violation of 3 4 this section is guilty of a simple misdemeanor punishable as a 3 5 scheduled violation under section 805.8, subsection 10, 3 6 paragraph"c""b". 3 7 Sec. 4. Section 805.8, subsection 10, Code Supplement 3 8 1997, is amended to read as follows: 3 9 10. ALCOHOLIC BEVERAGE VIOLATIONS. 3 10 a. For violations of section 123.49, subsection 2, 3 11 paragraph "h", the scheduled fine is one hundred dollars. 3 12 b. For violations of section 321.284, the scheduled fine 3 13 is fifty dollars. 3 14 Sec. 5. Section 805.8, subsection 10, Code Supplement 3 15 1997, is amended to read as follows: 3 16 10. ALCOHOLIC BEVERAGE VIOLATIONS. 3 17 a. For violations of section 123.49, subsection 2, 3 18 paragraph "h", the scheduled fine for a licensee or permittee 3 19 is one thousand five hundred dollars and the scheduled fine 3 20 for a person who is employed by a licensee or permittee is 3 21 five hundred dollars. 3 22 b. For violations of section 321.284, the scheduled fine 3 23 is fifty dollars. 3 24 Sec. 6. REPEAL AND EFFECTIVE DATE. 3 25 1. Section 4 of this Act is repealed December 31, 1998. 3 26 2. Section 5 of this Act takes effect January 1, 1999. 3 27 3 28 3 29 3 30 RON J. CORBETT 3 31 Speaker of the House 3 32 3 33 3 34 3 35 MARY E. KRAMER 4 1 President of the Senate 4 2 4 3 I hereby certify that this bill originated in the House and 4 4 is known as House File 2487, Seventy-seventh General Assembly. 4 5 4 6 4 7 4 8 ELIZABETH ISAACSON 4 9 Chief Clerk of the House 4 10 Approved , 1998 4 11 4 12 4 13 4 14 TERRY E. BRANSTAD 4 15 Governor
Text: HF02486 Text: HF02488 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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