House File 2494
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 638)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing penalties for specified liquor control
2 violations involving a retail liquor control license, wine
3 permit, or beer permit.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6430HV 80
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PAG LIN
1 1 Section 1. Section 123.50, subsection 3, Code 2003, is
1 2 amended by striking the subsection and inserting in lieu
1 3 thereof the following:
1 4 3. If any licensee, wine permittee, beer permittee, or
1 5 employee of a licensee or permittee is convicted or found in
1 6 violation of section 123.49, subsection 2, paragraph "h", the
1 7 administrator or local authority shall, in addition to
1 8 criminal penalties fixed for violations by this section,
1 9 assess a civil penalty as follows:
1 10 a. A first violation shall subject the licensee or
1 11 permittee to a civil penalty in the amount of five hundred
1 12 dollars. Failure to pay the civil penalty as ordered under
1 13 section 123.39 shall result in automatic suspension of the
1 14 license or permit for a period of fourteen days.
1 15 b. A second violation within two years shall subject the
1 16 licensee or permittee to a thirty=day suspension and a civil
1 17 penalty in the amount of one thousand five hundred dollars.
1 18 c. A third violation within three years shall subject the
1 19 licensee or permittee to a sixty=day suspension and a civil
1 20 penalty in the amount of one thousand five hundred dollars.
1 21 d. A fourth violation within three years shall result in
1 22 revocation of the license or permit. Notwithstanding section
1 23 123.40, revocation under this subsection shall be limited to
1 24 the specific license or permit found in violation and shall
1 25 not disqualify a licensee or permittee from holding a license
1 26 or permit at a separate location.
1 27 e. For purposes of this subsection, the date of any
1 28 violation shall be used in determining the period between
1 29 violations.
1 30 EXPLANATION
1 31 This bill relates to the penalties associated with
1 32 specified liquor control violations.
1 33 Currently, Code section 123.50, subsection 3, imposes civil
1 34 penalties for violations of Code section 123.49, subsection 2,
1 35 paragraph "h", which relates to the sale, gift, or supplying
2 1 of any alcoholic beverage, wine, or beer to a person, knowing
2 2 or failing to exercise reasonable care to ascertain whether
2 3 the person is under legal age, or permitting any person,
2 4 knowing or failing to exercise reasonable care to ascertain
2 5 whether the person is under legal age, to consume any
2 6 alcoholic beverage, wine, or beer. Code section 123.50,
2 7 subsection 3, also currently imposes civil penalties for
2 8 violations of Code section 123.49, subsection 2, paragraph
2 9 "i", which relates to retail beer or wine permittees knowingly
2 10 allowing the mixing or adding of alcohol or any alcoholic
2 11 beverage to beer, wine, or any other beverage in or about the
2 12 permittee's place of business. The penalties associated with
2 13 violations of the two paragraphs currently differ, with
2 14 monetary penalties imposed for convictions of violations of
2 15 paragraph "h" for specified violations which are not imposed
2 16 for convictions of violations of paragraph "i".
2 17 The bill removes references to Code section 123.49,
2 18 subsection 2, paragraph "i", from the penalty provisions of
2 19 Code section 123.50, subsection 3, with the result that the
2 20 existing penalty provisions of that subsection shall apply
2 21 strictly to violations of Code section 123.49, subsection 2,
2 22 paragraph "h".
2 23 The bill additionally provides that the penalties shall be
2 24 applicable to "violations" of paragraph "h", instead of the
2 25 current application to "convictions for violations".
2 26 The bill also provides that for the purposes of Code
2 27 section 123.50, subsection 3, the revocation of a license or
2 28 permit shall be limited to the specific license or permit
2 29 found to be in violation, and will not apply to permits or
2 30 licenses held by a permittee or licensee relating to a
2 31 separate location.
2 32 The bill additionally provides that for the purpose of
2 33 determining the length of time between violations, which
2 34 dictate which penalty shall be applicable, the date of any
2 35 violation shall be used in determining the period of time
3 1 between violations.
3 2
3 3 LSB 6430HV 80
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