Senate File 110 - Introduced SENATE FILE 110 BY HATCH A BILL FOR An Act prohibiting specified 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 1063XS (2) 84 rn/nh
S.F. 110 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 15 a convenience store 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 or 18 permittee. For purposes of this subparagraph, “convenience 19 store” means a retail store occupying less than three thousand 20 five hundred square feet of floor space and providing some 21 combination of groceries, general merchandise, alcoholic 22 beverages, auto supplies, and prepared foods. 23 EXPLANATION 24 This bill relates to the prohibition against a liquor 25 licensee or beer and wine permittee under Code chapter 123 26 knowingly permitting or engaging in any criminal activity on 27 the premises covered by the license or permit. 28 Currently, for purposes of the prohibition, “premises” 29 are defined to include parking lots and areas adjacent to 30 the premises of licensees or permittees authorized to sell 31 alcoholic beverages for consumption on the licensed premises 32 and used by patrons of the liquor licensee or permittee. The 33 bill extends the prohibition to parking lots and areas adjacent 34 to the premises of a convenience store holding a liquor 35 -1- LSB 1063XS (2) 84 rn/nh 1/ 2
S.F. 110 license or permit and authorized to sell alcoholic beverages 1 for consumption off the licensed premises. The bill defines 2 a “convenience store” as a retail store occupying less than 3 3,500 square feet of floor space and providing some combination 4 of groceries, general merchandise, alcoholic beverages, auto 5 supplies, and prepared foods. 6 A violation of the bill’s provisions constitutes a simple 7 misdemeanor punishable by confinement for no more than 30 days 8 or a fine of at least $65 but not more than $625 or by both. 9 In addition, a violation is grounds for the suspension or 10 revocation of a license or permit by the alcoholic beverages 11 division or a local authority. 12 -2- LSB 1063XS (2) 84 rn/nh 2/ 2