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