House File 347

                                       HOUSE FILE       
                                       BY  RAECKER


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for revised civil penalties associated with
  2    specified liquor control violations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2577HH 80
  5 rn/sh/8

PAG LIN

  1  1    Section 1.  Section 123.50, subsection 3, paragraph b, Code
  1  2 2003, is amended to read as follows:
  1  3    b.  Upon a second conviction within a period of two years,
  1  4 the violator's liquor control license, wine permit, or beer
  1  5 permit shall be suspended for a period of thirty days.
  1  6 However, if the conviction is for a violation of section
  1  7 123.49, subsection 2, paragraph "h", the violator shall also
  1  8 be assessed a civil penalty in the amount of one thousand five
  1  9 hundred dollars the violator's liquor control license, wine
  1 10 permit, or beer permit shall be revoked.
  1 11    Sec. 2.  Section 123.50, subsection 3, paragraphs c and d,
  1 12 Code 2003, are amended by striking the paragraphs and
  1 13 inserting in lieu thereof the following:
  1 14    c.  Upon a third conviction within a period of two years,
  1 15 the violator's liquor control license, wine permit, or beer
  1 16 permit shall be revoked.
  1 17                           EXPLANATION
  1 18    This bill provides for reduced time frames within which
  1 19 license revocation shall be imposed for specified liquor
  1 20 control violations.
  1 21    The bill concerns the provisions of Code section 123.50,
  1 22 subsection 3, which deals with violations by a liquor control
  1 23 licensee, wine permittee, beer permittee, or employee of a
  1 24 licensee or permittee, relating to distribution of alcoholic
  1 25 beverages, wine, or beer to underage persons or allowing the
  1 26 mixing or adding of alcohol or any alcoholic beverage to beer,
  1 27 wine, or any other beverage in or about a wine or beer
  1 28 permittee's place of business.  Civil penalties were
  1 29 previously in place which provided for a temporary suspension
  1 30 of a license or permit, in the case of a violation involving
  1 31 the mixing or adding of alcohol, which increased depending
  1 32 upon the number of violations and number of years over which
  1 33 the violations occurred.  The penalties previously in place
  1 34 regarding distribution of alcoholic beverages, beer, or wine
  1 35 to underage persons also increased, beginning with a civil
  2  1 penalty and subsequently incorporating a license suspension.
  2  2 Ultimately, Code section 123.50 provided for the revocation of
  2  3 a license or permit after a fourth conviction during a three=
  2  4 year period.
  2  5    The bill provides changes in these penalties.  The bill
  2  6 provides for the revocation of a liquor control license, wine
  2  7 permit, or beer permit for a second conviction within a two=
  2  8 year period for distribution to a minor, and provides for
  2  9 revocation upon a third conviction within a period of two
  2 10 years in the case of the mixing or adding of alcohol to a
  2 11 beverage.
  2 12 LSB 2577HH 80
  2 13 rn/sh/8