HF 189 (LSB 1809HH (2) 85)

HOUSE FILE 189

BY  HUNTER

A BILL FOR

An Act concerning review of disapproval of applications for liquor control licenses and permits by local authorities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.32, subsection 6, paragraph a, Code 2013, is amended to read as follows:
   a.  Upon receipt of an application having been disapproved by the local authority, the administrator shall notify the applicant that the applicant may appeal the disapproval of the application to the administrator
 
district court as provided in this section. The applicant shall be notified by certified mail, and the application, the fee, and any bond shall be returned to the applicant.
    Sec. 2.  Section 123.32, subsection 7, Code 2013, is amended by striking the subsection.
    Sec. 3.  Section 123.32, subsection 8, Code 2013, is amended to read as follows:
   8.  Judicial review.
   a.  The applicant or the local authority may seek judicial review of the action of the administrator in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, petitions for judicial review may be filed in the district court of the county where the premises covered by the application are situated.
   b.  The applicant may file an action in the district court of the county where the premises covered by the application is situated to seek judicial review of the action of the local authority in disapproving an application.
EXPLANATION
   This bill eliminates the ability of an applicant for a liquor control license, wine permit, or beer permit to appeal the denial of the license or permit by the applicable local authority to the administrator of the alcoholic beverages division of the department of commerce. Instead, the bill provides that an applicant may seek judicial review of the denial of the license or permit by filing an action in the district court of the county where the premises covered by the application is located.