House File 241 - Introduced



                                       HOUSE FILE       
                                       BY  BERRY


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

                                      A BILL FOR

  1 An Act concerning the power of local authorities to limit the
  2    issuance of liquor control permits and licenses within certain
  3    areas.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1376HH 83
  6 ec/nh/14

PAG LIN



  1  1    Section 1.  Section 123.32, subsection 2, Code 2009, is
  1  2 amended to read as follows:
  1  3    2.  ACTION BY LOCAL AUTHORITIES.
  1  4    a.  The local authority shall either approve or disapprove
  1  5 the issuance of a liquor control license, retail wine permit,
  1  6 or retail beer permit, shall endorse its approval or
  1  7 disapproval on the application and shall forward the
  1  8 application with the necessary fee and bond, if required, to
  1  9 the division.  There is no limit upon the number of liquor
  1 10 control licenses, retail wine permits, or retail beer permits
  1 11 which may be approved for issuance by local authorities.
  1 12    b.  A local authority may disapprove the issuance of a
  1 13 liquor control license, retail wine permit, or retail beer
  1 14 permit, pursuant to an ordinance adopted by the local
  1 15 authority, that limits the number of liquor control licenses,
  1 16 retail wine permits, or retail beer permits which may be
  1 17 approved by the local authority within residential
  1 18 neighborhoods or within certain distances from schools, child
  1 19 care facilities, parks, or other areas where children
  1 20 congregate.  The ordinance shall list the criteria for
  1 21 limiting the number of liquor control licenses, retail wine
  1 22 permits, or retail beer permits.
  1 23                           EXPLANATION
  1 24    This bill authorizes local authorities to disapprove the
  1 25 issuance of a liquor control license, retail wine permit, or
  1 26 retail beer permit if the local authority has adopted an
  1 27 ordinance limiting the number of licenses or permits which may
  1 28 be approved within residential neighborhoods or within certain
  1 29 distances from schools, child care facilities, parks, or other
  1 30 areas where children congregate.  The bill provides that the
  1 31 local authority shall establish, by ordinance, the criteria
  1 32 for limiting the number of licenses or permits.
  1 33 LSB 1376HH 83
  1 34 ec/nh/14