Senate File 114 - Introduced SENATE FILE 114 BY BOLKCOM A BILL FOR An Act modifying the definition of good moral character for 1 purposes of issuance of a liquor control license, beer 2 permit, or wine permit. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1366XS (2) 84 rn/nh
S.F. 114 Section 1. Section 123.3, subsection 26, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0e. The person is not or has not previously 3 been an owner or manager of any retail business or commercial 4 establishment that constitutes or was found to have constituted 5 a public nuisance by a state or local board, commission, 6 department, or other regulatory authority. 7 Sec. 2. Section 123.3, Code 2011, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 26A. “Public nuisance” means any business 10 whose operation or maintenance can be characterized by either 11 of the following: 12 a. Jeopardizing or endangering the public health or safety, 13 or the health or safety of persons residing or working on the 14 premises or in the surrounding area. 15 b. Repeatedly resulting in or facilitating disturbances of 16 the peace, illegal drug activity including sales or possession 17 thereof, public drunkenness, open container violations, 18 underage possession of alcohol, other alcohol-related offenses, 19 other criminal offenses, harassment of passersby, illegal 20 gambling, prostitution, sale of stolen goods, public urination, 21 theft, assaults, batteries, acts of vandalism, excessive 22 littering, illegal parking, or a disproportionate need for 23 peace officer patrol or response. 24 EXPLANATION 25 This bill modifies the definition of “good moral character” 26 applicable to requirements which must be satisfied by an 27 applicant prior to issuance of a liquor control license, beer 28 permit, or wine permit by the alcoholic beverages division of 29 the department of commerce. 30 The bill adds to currently defined elements constituting 31 good moral character that an applicant is not currently nor 32 has previously been an owner or manager of any retail business 33 or commercial establishment that constitutes or was found to 34 have constituted a public nuisance by a state or local board, 35 -1- LSB 1366XS (2) 84 rn/nh 1/ 2
S.F. 114 commission, department, or other regulatory authority. The 1 bill provides a definition of “public nuisance” which is 2 more narrowly focused on the type of business or commercial 3 establishment to which a license or permit might be issued 4 under Code chapter 123 than the definition contained in Code 5 chapter 676, dealing generally with nuisances. 6 The bill defines a public nuisance as any business whose 7 operation or maintenance, regardless of knowledge or fault 8 on the part of the owner or manager, either jeopardizes or 9 endangers public health or safety or the health or safety 10 of persons residing or working on the premises or in the 11 surrounding area, or repeatedly results in or facilitates 12 several specified disturbances or activities. These 13 disturbances or activities include disturbances of the peace, 14 illegal drug activity including sales or possession thereof, 15 public drunkenness, open container violations, underage 16 possession of alcohol, other alcohol-related offenses, other 17 criminal offenses, harassment of passersby, illegal gambling, 18 prostitution, sale of stolen goods, public urination, theft, 19 assaults, batteries, acts of vandalism, excessive littering, 20 illegal parking, or a disproportionate need for peace officer 21 patrol or response. 22 -2- LSB 1366XS (2) 84 rn/nh 2/ 2