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