Text: SSB03155                          Text: SSB03157
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Senate Study Bill 3156

Bill Text

PAG LIN
  1  1    Section 1.  Section 123.50, subsection 3, paragraph d, Code
  1  2 2003, is amended by striking the paragraph and inserting in
  1  3 lieu thereof the following:
  1  4    d.  Upon a fourth conviction within a period of three
  1  5 years, the violator's liquor control license, wine permit, or
  1  6 beer permit shall be suspended for a period of sixty days.
  1  7 However, if the conviction is for a violation of section
  1  8 123.49, subsection 2, paragraph "h", the violator shall also
  1  9 be assessed a civil penalty in the amount of two thousand
  1 10 dollars.
  1 11    Sec. 2.  Section 123.50, subsection 3, Code 2003, is
  1 12 amended by adding the following new paragraph:
  1 13    NEW PARAGRAPH.  e.  Upon a fifth conviction within a period
  1 14 of three years, the violator's liquor control license, wine
  1 15 permit, or beer permit shall be revoked.
  1 16    Sec. 3.  Section 123.50, Code 2003, is amended by adding
  1 17 the following new subsection:
  1 18    NEW SUBSECTION.  5.  Notwithstanding subsection 3, if a
  1 19 retail permit is suspended or revoked under this section, the
  1 20 suspension or revocation shall apply only to the place of
  1 21 business at which the violation resulting in suspension or
  1 22 revocation occurred, and shall not apply to any other place of
  1 23 business to which the retail permit applies but at which a
  1 24 violation did not occur.  
  1 25                           EXPLANATION
  1 26    This bill relates to the penalties associated with
  1 27 specified liquor control violations.  Currently, Code section
  1 28 123.50, subsection 3, which imposes civil penalties for
  1 29 violations of Code section 123.49, provides that upon a fourth
  1 30 conviction within a period of three years, a violator's liquor
  1 31 control license, wine permit, or beer permit shall be revoked.
  1 32 The bill provides that this penalty shall instead apply upon a
  1 33 fifth conviction within three years.  The bill provides that
  1 34 for a fourth conviction within three years, the violator's
  1 35 liquor control license, wine permit, or beer permit shall be
  2  1 suspended for a period of 60 days, and in addition, for a
  2  2 conviction for a violation of Code section 123.49, paragraph
  2  3 "h", which concerns the consumption of alcohol by underage
  2  4 individuals, there shall be assessed a civil penalty of
  2  5 $2,000.
  2  6    The bill additionally provides that when more than one
  2  7 place of business is operated by a licensee or permittee, and
  2  8 a retail permit is suspended or revoked pursuant to Code
  2  9 section 123.50, the suspension or revocation shall apply only
  2 10 to the place of business at which the violation resulting in
  2 11 suspension or revocation occurred, and shall not apply to any
  2 12 other place of business to which the retail permit applies but
  2 13 at which a violation did not occur.  
  2 14 LSB 6443SC 80
  2 15 rn/gg/14
     

Text: SSB03155                          Text: SSB03157
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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