House File 408 - Introduced HOUSE FILE 408 BY BERRY A BILL FOR An Act prohibiting certain alcoholic beverage licensees or 1 permit holders from knowingly permitting or engaging in any 2 criminal activity on the premises covered by the license or 3 permit, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2387YH (3) 84 rn/nh

H.F. 408 Section 1. Section 123.49, subsection 2, paragraph j, Code 1 2011, is amended to read as follows: 2 j. Knowingly permit or engage in any criminal activity 3 on the premises covered by the license or permit. However, 4 the absence of security personnel on the licensed premises 5 is insufficient, without additional evidence, to prove that 6 criminal activity occurring on the licensed premises was 7 knowingly permitted in violation of this paragraph “j” . 8 (1) For purposes of this paragraph “j” , “premises” includes 9 parking lots and areas adjacent to the premises of a liquor 10 licensee or permittee authorized to sell alcoholic beverages 11 for consumption on the licensed premises and used by patrons of 12 the liquor licensee or permittee. 13 (2) For purposes of this paragraph “j” , “premises” also 14 includes parking lots and areas adjacent to the premises of a 15 retail establishment holding a liquor license or permit and 16 authorized to sell alcoholic beverages for consumption off 17 the licensed premises and used by patrons of the licensee 18 or permittee. For purposes of this subparagraph, “retail 19 establishment” means a retail store occupying less than three 20 thousand five hundred square feet of floor space and engaged in 21 the sale of alcoholic beverages at retail. 22 EXPLANATION 23 This bill relates to the prohibition against a liquor 24 licensee or beer and wine permittee under Code chapter 123 25 knowingly permitting or engaging in any criminal activity on 26 the premises covered by the license or permit. 27 Currently, for purposes of the prohibition, “premises” 28 is defined to include parking lots and areas adjacent to 29 the premises of licensees or permittees authorized to sell 30 alcoholic beverages for consumption on the licensed premises 31 and used by patrons of the liquor licensee or permittee. The 32 bill extends the prohibition to parking lots and areas adjacent 33 to the premises of a retail establishment holding a liquor 34 license or permit and authorized to sell alcoholic beverages 35 -1- LSB 2387YH (3) 84 rn/nh 1/ 2

H.F. 408 for consumption off the licensed premises. The bill defines 1 a “retail establishment” as a retail store occupying less 2 than 3,500 square feet of floor space and selling alcoholic 3 beverages at retail. 4 A violation of the bill’s provisions constitutes a simple 5 misdemeanor punishable by confinement for no more than 30 days 6 or a fine of at least $65 but not more than $625 or by both. 7 In addition, a violation is grounds for the suspension or 8 revocation of a license or permit by the alcoholic beverages 9 division or a local authority. 10 -2- LSB 2387YH (3) 84 rn/nh 2/ 2