HF 330 (LSB 2445YH (3) 85)

HOUSE FILE 330

BY  BERRY

A BILL FOR

An Act concerning alcoholic beverage control by prohibiting liquor control, wine, or beer licensees or permittees from knowingly permitting or engaging in criminal activity in areas adjacent to the licensed premises 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 2013, 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”. 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.
EXPLANATION
   This bill provides that a person or club holding a liquor control license or retail wine or beer permit shall not knowingly permit or engage in criminal activity in parking lots and areas adjacent to the licensed premises that are used by patrons of the liquor licensee or permittee. Current law limits this prohibition to criminal activity in parking lots and areas adjacent only to liquor licensees or permittees authorized to sell alcohol for consumption on the licensed premises. A person who violates this new provision shall be subject to licensing sanctions and is guilty of a simple misdemeanor pursuant to Code section 123.50. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.