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