House File 143 - Introduced



                                    HOUSE FILE       
                                    BY  WINCKLER and J. R. VAN FOSSEN


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

                                      A BILL FOR

  1 An Act relating to the issuance or renewal of liquor control
  2    licenses and wine and beer permits by local authorities.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1120HH 81
  5 rn/sh/8

PAG LIN



  1  1    Section 1.  Section 123.32, subsections 6, 7, and 8, Code
  1  2 2005, are amended to read as follows:
  1  3    6.  APPEAL TO ADMINISTRATOR.  An applicant for a liquor
  1  4 control license, wine permit, or beer permit may appeal from
  1  5 the local authority's disapproval of an application for a
  1  6 license or permit to the administrator.  In the appeal the
  1  7 applicant shall be allowed the opportunity to demonstrate in
  1  8 an evidentiary hearing conducted pursuant to chapter 17A that
  1  9 the applicant complies with all of the requirements for
  1 10 holding the license or permit.  The administrator may appoint
  1 11 a member of the division or may request an administrative law
  1 12 judge from the department of inspections and appeals to
  1 13 conduct the evidentiary hearing and to render a proposed
  1 14 decision to approve or disapprove the issuance of the license
  1 15 or permit.  The administrator may affirm, reverse, or modify
  1 16 the proposed decision the local authority's determination that
  1 17 the applicant does not comply with the requirements for
  1 18 holding a license or permit, or recommend that the local
  1 19 authority reverse its decision.  If the administrator
  1 20 determines that the applicant complies with all of the
  1 21 requirements for holding a license or permit, the
  1 22 administrator shall order the issuance of the license or
  1 23 permit notify, by certified mail, the local authority of the
  1 24 administrator's finding.  If the administrator determines that
  1 25 the applicant does not comply with the requirements for
  1 26 holding a license or permit, the administrator shall
  1 27 disapprove the issuance of the license or permit.  The local
  1 28 authority shall reconsider the application based on the
  1 29 administrator's findings and its own findings and approve or
  1 30 disapprove the application.  The second disapproval by the
  1 31 local authority shall be the final administrative decision on
  1 32 the application.
  1 33    7.  JUDICIAL REVIEW.  The applicant or the local authority
  1 34 may seek judicial review of the action of the administrator in
  1 35 accordance with the terms of the Iowa administrative procedure
  2  1 Act, chapter 17A.  Notwithstanding the terms of the Iowa
  2  2 administrative procedure Act, chapter 17A, petitions for
  2  3 judicial review may be filed in the district court of the
  2  4 county where the premises covered by the application are
  2  5 situated.  The applicant may seek judicial review of a second
  2  6 disapproval by the local authority in the district court of
  2  7 the county where the premises covered by the application are
  2  8 situated.
  2  9    8.  SUSPENSION BY LOCAL AUTHORITY.  A liquor control
  2 10 licensee or a wine or beer permittee whose license or permit
  2 11 has been suspended or revoked or a civil penalty imposed by a
  2 12 local authority for a violation of this chapter or suspended
  2 13 by a local authority for violation of a local ordinance may
  2 14 appeal the suspension, revocation, or civil penalty to the
  2 15 administrator.  The administrator may appoint a member of the
  2 16 division or may request an administrative law judge from the
  2 17 department of inspections and appeals to hear the appeal which
  2 18 shall be conducted in accordance with chapter 17A and to issue
  2 19 a proposed decision.  The administrator may review the
  2 20 proposed decision upon the motion of a party to the appeal or
  2 21 upon the administrator's own motion in accordance with chapter
  2 22 17A.  Upon review of the proposed decision, the administrator
  2 23 may affirm, reverse, or modify the proposed decision or
  2 24 recommend that the local authority reverse its decision.  A
  2 25 liquor control licensee, wine or beer permittee, or a local
  2 26 authority aggrieved by a decision of the administrator may
  2 27 seek judicial review of the decision pursuant to chapter 17A.
  2 28 If the administrator recommends reversal, the local authority
  2 29 shall reconsider the suspension, revocation, or civil penalty,
  2 30 and affirm or reverse its action.  A liquor control licensee
  2 31 or wine or beer permittee may seek judicial review of the
  2 32 decision of the local authority in the district court of the
  2 33 county where the premises subject to the decision are located.
  2 34                           EXPLANATION
  2 35    This bill provides that applications for liquor control
  3  1 licenses and wine and beer permits which are disapproved by a
  3  2 city or county are subject to reconsideration by the city or
  3  3 county if the same application is recommended to be approved
  3  4 by the administrator of the alcoholic beverages division of
  3  5 the department of commerce.  If the city or county disapproves
  3  6 the application upon reconsideration, the license or permit is
  3  7 denied.  The decision may be appealed to the district court.
  3  8    The bill also provides that a suspension or revocation of
  3  9 an alcoholic beverage license or permit or a civil penalty
  3 10 imposed by a city or county is subject to reconsideration by
  3 11 the city or county if, upon appeal, the administrator of the
  3 12 alcoholic beverages division recommends reversal.  If the city
  3 13 or county reaffirms its previous action, the action of the
  3 14 city or county may be appealed to the district court.
  3 15 LSB 1120HH 81
  3 16 rn:rj/sh/8