House File 589

                                       HOUSE FILE       
                                       BY  COMMITTEE ON STATE GOVERNMENT

                                       (SUCCESSOR TO HF 347)


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

                                      A BILL FOR

  1 An Act providing that incident reports or violations by other
  2    licensees or permittees shall not be considered upon review of
  3    a local authority decision relating to specified liquor
  4    control, wine, or beer licenses or permits.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2577HV 80
  7 rn/sh/8

PAG LIN

  1  1    Section 1.  Section 123.32, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  9.  CONSIDERATIONS ON APPEAL.  In an
  1  4 action pursuant to subsection 6 relating to an appeal of a
  1  5 local authority's disapproval of an application for a license
  1  6 or permit, or pursuant to subsection 8 relating to an appeal
  1  7 of a suspension, revocation, or civil penalty imposed by a
  1  8 local authority, the administrator or administrative law judge
  1  9 shall not consider, in reviewing the proposed decision of the
  1 10 local authority, incident reports or violations by other
  1 11 similar licensees or permittees, or the lack thereof, in
  1 12 making a decision to either affirm, reverse, or modify the
  1 13 proposed decision of the local authority.
  1 14                           EXPLANATION
  1 15    This bill relates to appeals of a local authority's
  1 16 disapproval of an application for a license or permit, or of a
  1 17 suspension, revocation, or civil penalty imposed by a local
  1 18 authority in relation to a license or permit, in connection
  1 19 with liquor control licenses and retail beer and wine permits
  1 20 specified in Code section 123.32.  The bill provides that an
  1 21 administrator or administrative law judge shall not consider,
  1 22 in reviewing the proposed decision of the local authority,
  1 23 incident reports or violations by other similar licensees or
  1 24 permittees, or the lack thereof, in making a decision to
  1 25 either affirm, reverse, or modify the proposed decision of the
  1 26 local authority.
  1 27 LSB 2577HV 80
  1 28 rn/sh/8
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