House File 2058 - Introduced
HOUSE FILE
BY FREVERT
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to increased criminal and civil penalties for
2 alcoholic beverage licensees, permittees, and employees who
3 serve alcohol to persons under legal age.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5159YH 81
6 ec/je/5
PAG LIN
1 1 Section 1. Section 123.50, subsection 3, paragraphs a, b,
1 2 and c, Code 2005, are amended to read as follows:
1 3 a. A first violation shall subject the licensee or
1 4 permittee to a civil penalty in the amount of two thousand
1 5 five hundred dollars. Failure to pay the civil penalty as
1 6 ordered under section 123.39 shall result in automatic
1 7 suspension of the license or permit for a period of fourteen
1 8 days.
1 9 b. A second violation within two years shall subject the
1 10 licensee or permittee to a thirty=day suspension and a civil
1 11 penalty in the amount of one five thousand five hundred
1 12 dollars.
1 13 c. A third violation within three years shall subject the
1 14 licensee or permittee to a sixty=day suspension and a civil
1 15 penalty in the amount of one ten thousand five hundred
1 16 dollars.
1 17 Sec. 2. Section 805.8C, subsection 2, Code Supplement
1 18 2005, is amended to read as follows:
1 19 2. ALCOHOLIC BEVERAGE VIOLATIONS.
1 20 a. For violations of section 123.49, subsection 2,
1 21 paragraph "h",that do not result in serious injury or death,
1 22 the scheduled fine for a licensee or permittee is one thousand
1 23 five hundred dollars, and the scheduled fine for a person who
1 24 is employed by a licensee or permittee is five hundred
1 25 dollars.
1 26 b. For violations of section 123.49, subsection 2,
1 27 paragraph "h", that result in serious injury to any person,
1 28 the scheduled fine for a licensee or permittee is seven
1 29 thousand five hundred dollars, and the scheduled fine for a
1 30 person who is employed by a licensee or permittee is two
1 31 thousand five hundred dollars.
1 32 c. For violations of section 123.49, subsection 2,
1 33 paragraph "h", that result in the death of any person, the
1 34 scheduled fine for a licensee or permittee is fifteen thousand
1 35 dollars, and the scheduled fine for a person who is employed
2 1 by a licensee or permittee is five thousand dollars.
2 2 EXPLANATION
2 3 This bill concerns the civil and criminal penalties applied
2 4 to licensees, permittees, and their employees who serve or
2 5 sell alcohol to a person without taking reasonable care to
2 6 ascertain whether that person is under legal age.
2 7 The bill increases the civil penalty on licensees and
2 8 permittees or their employees for selling to or serving
2 9 persons under legal age from $500 to $2,500 for a first
2 10 violation, from $1,500 to $5,000 for a second violation, and
2 11 from $1,500 to $10,000 for a third violation.
2 12 As to criminal penalties, the bill increases the scheduled
2 13 violation fine for a violation of the provisions concerning
2 14 selling or serving alcohol to persons under legal age if the
2 15 violation resulted in the serious injury or death of any
2 16 person. If serious injury occurs, the bill makes the
2 17 scheduled fine $7,500 for a licensee or permittee and $2,500
2 18 for an employee. If death occurs, the bill makes the
2 19 scheduled fine $15,000 for a licensee or permittee and $5,000
2 20 for an employee. The bill retains the current fines of $1,500
2 21 for a licensee or permittee and $500 for an employee if the
2 22 violation does not result in serious injury or death.
2 23 LSB 5159YH 81
2 24 ec:rj/je/5