Text: HF02100                           Text: HF02102
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2101

Partial Bill History

Bill Introduced: H.J. 127
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 123.32, subsection 2, Code 1999, is
  1  2 amended to read as follows:
  1  3    2.  ACTION BY LOCAL AUTHORITIES.
  1  4    a.  The local authority shall either approve or disapprove
  1  5 the issuance of a liquor control license, retail wine permit,
  1  6 or retail beer permit,.  If approved, the local authority
  1  7 shall endorse its approval or disapproval on the application
  1  8 and shall forward the application with the necessary fee and
  1  9 bond, if required, to the division.  There is no limit upon
  1 10 the number of liquor control licenses, retail wine permits, or
  1 11 retail beer permits which may be approved for issuance by
  1 12 local authorities.
  1 13    b.  If an application is disapproved, the local authority
  1 14 shall notify the applicant that the applicant may appeal the
  1 15 disapproval of the application to the district court of the
  1 16 county in which the premises covered by the application are
  1 17 located.  The applicant shall be notified by certified mail,
  1 18 and the application, the fee, and any bond shall be returned
  1 19 to the applicant.
  1 20    Sec. 2.  Section 123.32, subsection 4, paragraph a, Code
  1 21 1999, is amended by striking the paragraph.
  1 22    Sec. 3.  Section 123.32, subsection 5, Code 1999, is
  1 23 amended by striking the subsection.
  1 24    Sec. 4.  Section 123.32, subsection 7, Code 1999, is
  1 25 amended to read as follows:
  1 26    7.  SUSPENSION BY LOCAL AUTHORITY.  A liquor control
  1 27 licensee or a wine or beer permittee whose license or permit
  1 28 has been suspended or revoked or a civil penalty imposed by a
  1 29 local authority for a violation of this chapter or suspended
  1 30 by a local authority for violation of a local ordinance may
  1 31 appeal the suspension, revocation, or civil penalty to the
  1 32 administrator district court of the county in which the
  1 33 licensed premises are located.  The administrator may appoint
  1 34 a member of the division or may request an administrative law
  1 35 judge from the department of inspections and appeals to hear
  2  1 the appeal which shall be conducted in accordance with chapter
  2  2 17A and to issue a proposed decision.  The administrator may
  2  3 review the proposed decision upon the motion of a party to the
  2  4 appeal or upon the administrator's own motion in accordance
  2  5 with chapter 17A.  Upon review of the proposed decision, the
  2  6 administrator may affirm, reverse, or modify the proposed
  2  7 decision.  A liquor control licensee, wine or beer permittee,
  2  8 or a local authority aggrieved by a decision of the
  2  9 administrator may seek judicial review of the decision
  2 10 pursuant to chapter 17A.
  2 11    Sec. 5.  Section 123.35, unnumbered paragraph 2, Code 1999,
  2 12 is amended to read as follows:
  2 13    The application, accompanied by the necessary fee and bond,
  2 14 if required, shall be filed in the same manner as is provided
  2 15 for filing the initial application.  However, for the renewal
  2 16 of a class "E" license, the simplified application form for
  2 17 renewal, accompanied by the necessary fee and bond if
  2 18 required, shall be filed directly with the administrator
  2 19 without the endorsement of local authorities if all of the
  2 20 following conditions are met:  the applicant's license has not
  2 21 been suspended or revoked since the preceding license was
  2 22 issued; a civil penalty has not been imposed against the
  2 23 applicant under this chapter since the preceding license was
  2 24 issued; an administrative proceeding is not pending against
  2 25 the applicant to suspend or revoke the applicant's license or
  2 26 to impose a civil penalty under this chapter; and the
  2 27 applicant has not been convicted of a violation of this
  2 28 chapter since the preceding license was issued.
  2 29    Sec. 6.  APPLICABILITY.  This Act applies to all new
  2 30 applications and renewals for liquor control licenses, retail
  2 31 wine permits, or retail beer permits submitted to local
  2 32 authorities on or after July 1, 2000.  
  2 33                           EXPLANATION
  2 34    This bill provides that a local authority, either a city
  2 35 council or board of supervisors, may disapprove an application
  3  1 or renewal for a liquor control license, or beer or wine
  3  2 permit within its respective jurisdiction.  If disapproved,
  3  3 the application is not forwarded to the administrator of the
  3  4 alcoholic beverages division of the department of commerce for
  3  5 review.  The disapproved application, with the fee and bond,
  3  6 is returned to the applicant by certified mail.  The
  3  7 unsuccessful applicant is also notified that the local
  3  8 authority's decision may be appealed to the district court of
  3  9 the county in which the premises covered by the application
  3 10 are located.  
  3 11 LSB 5678HH 78
  3 12 tj/as/5

Text: HF02100                           Text: HF02102
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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: Thu Feb 17 03:35:18 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/02100/HF02101/000131.html
jhf