Senate Amendment to House File 2340 H-8350 Amend House File 2340, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 123.56 Public safety nuisances 4 —— procedure. 5 1. A public safety nuisance exists at a licensed premises 6 for purposes of this section when it is established by clear 7 and convincing evidence that an owner, manager, employee, 8 contemporaneous patron, or guest of the licensed premises 9 commits any of the following acts on the licensed premises or 10 in any parking lots or areas, including but not limited to 11 public rights of way, adjacent to the licensed premises: 12 a. Unlawfully discharges a firearm or uses an offensive 13 weapon, as defined in section 724.1, regardless of whether it 14 inflicts injury or death. 15 b. Assaults another person with a dangerous weapon as 16 defined in section 702.7 resulting in injury or death. 17 c. Engages in a riot as defined in section 723.1 on at 18 least three separate days within any twelve-month period in 19 which a peace officer responded for purposes of dispersing the 20 participants in the riot. A person who willingly joins in or 21 remains a part of a riot need not be the same person for each 22 riot incident. 23 2. If the county attorney or city attorney where the 24 licensed premises is located has reason to believe a public 25 safety nuisance that constitutes a serious threat to the 26 public safety exists, the county attorney or city attorney, or 27 attorney acting at the direction of the county attorney or city 28 attorney, may file a suit in equity in district court without 29 bond seeking abatement of a public safety nuisance arising 30 from a premises licensed under this chapter pursuant to the 31 requirements of this section. 32 3. Upon filing a suit in equity in district court pursuant 33 to subsection 2, the county attorney or city attorney shall 34 notify the administrator of the action. Upon receiving notice, 35 -1- HF 2340.4315.S (1) 89 mb 1/ 3 #1.
the administrator shall issue an order reducing the hours 1 during which alcoholic beverages may be sold or consumed at 2 retail on the licensed premises to between 6:00 a.m. and 10:00 3 p.m. each day of the week during the pendency of the action in 4 equity. The county attorney or city attorney shall notify the 5 administrator of any final action or judgment entered resulting 6 from the action. 7 4. In an action seeking abatement of a public safety 8 nuisance as provided in this section, evidence of other 9 current violations of this chapter may be received by the 10 court and considered in determining the remedial provisions 11 of any abatement order. In addition, evidence of prior 12 sanctions, violations of law, nuisance behavior, or general 13 reputation relating to the licensed premises may be admissible 14 in determining the reasonableness of remedial provisions of an 15 abatement order. However, evidence of a prior conviction of 16 the licensee, managers, employees, or contemporaneous patrons 17 and guests is not necessary for purposes of considering or 18 issuing an abatement order under this section. In an action 19 under this section, the administrator may submit to the court 20 a report as evidence on behalf of the division regarding 21 the compliance history of the licensee or permittee for 22 consideration by the court. 23 5. If the district court finds that a public safety nuisance 24 exists, the court may enter judgment declaring the existence 25 of the nuisance and order such remedial action as the court 26 determines reasonable to abate the nuisance. The abatement 27 order may take the form of an injunction. The duration of an 28 abatement order may be up to two years. Remedial action may 29 include but is not limited to temporary closure of the licensed 30 premises, revocation of the license for such period of time as 31 is consistent with section 123.40, required change in business 32 practice or operations, or posting of a bond. If a bond is 33 ordered and posted, the bond shall be subject to forfeiture, 34 in whole or in part, for any further actions contrary to the 35 -2- HF 2340.4315.S (1) 89 mb 2/ 3
abatement order. 1 6. For purposes of this section, “licensed premises” means 2 a premises where alcoholic beverages are authorized to be sold 3 for consumption on the licensed premises and where the serving 4 of food is only incidental to the consumption of alcoholic 5 beverages on the premises. > 6 -3- HF 2340.4315.S (1) 89 mb 3/ 3