HOUSE FILE 408

BY  BERRY

A BILL FOR

An Act prohibiting certain alcoholic beverage licensees or permit holders from knowingly permitting or engaging in any criminal activity on the premises covered by the license or permit, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 123.49, subsection 2, paragraph j, Code 2011, is amended to read as follows:
   j.  Knowingly permit or engage in any criminal activity on the premises covered by the license or permit. However, the absence of security personnel on the licensed premises is insufficient, without additional evidence, to prove that criminal activity occurring on the licensed premises was knowingly permitted in violation of this paragraph “j”.
   (1)  For purposes of this paragraph “j”,“premises” includes parking lots and areas adjacent to the premises of a liquor licensee or permittee authorized to sell alcoholic beverages for consumption on the licensed premises and used by patrons of the liquor licensee or permittee.
   (2)  For purposes of this paragraph “j”,“premises” also includes parking lots and areas adjacent to the premises of a retail establishment holding a liquor license or permit and authorized to sell alcoholic beverages for consumption off the licensed premises and used by patrons of the licensee or permittee. For purposes of this subparagraph,“retail establishment” means a retail store occupying less than three thousand five hundred square feet of floor space and engaged in the sale of alcoholic beverages at retail.
EXPLANATION
   This bill relates to the prohibition against a liquor licensee or beer and wine permittee under Code chapter 123 knowingly permitting or engaging in any criminal activity on the premises covered by the license or permit.
   Currently, for purposes of the prohibition, “premises” is defined to include parking lots and areas adjacent to the premises of licensees or permittees authorized to sell alcoholic beverages for consumption on the licensed premises and used by patrons of the liquor licensee or permittee. The bill extends the prohibition to parking lots and areas adjacent to the premises of a retail establishment holding a liquor license or permit and authorized to sell alcoholic beverages for consumption off the licensed premises. The bill defines a “retail establishment” as a retail store occupying less than 3,500 square feet of floor space and selling alcoholic beverages at retail.
   A violation of the bill’s provisions constitutes a simple misdemeanor punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. In addition, a violation is grounds for the suspension or revocation of a license or permit by the alcoholic beverages division or a local authority.