House File 2168 - Introduced HOUSE FILE 2168 BY MASCHER A BILL FOR An Act relating to the suspension of an alcoholic beverages 1 permit or license by a local authority. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5898YH (3) 87 ec/rn

H.F. 2168 Section 1. Section 123.32, subsection 9, Code 2018, is 1 amended to read as follows: 2 9. Suspension by local authority. A liquor control licensee 3 or a wine or beer permittee whose license or permit has been 4 suspended or revoked or a civil penalty imposed by a local 5 authority for a violation of this chapter or suspended by 6 a local authority for violation of a local ordinance may 7 appeal the suspension, revocation, or civil penalty to the 8 administrator. The administrator may appoint a member of 9 the division or may request an administrative law judge from 10 the department of inspections and appeals to hear the appeal 11 which shall be conducted in accordance with chapter 17A and to 12 issue a proposed decision. The administrator may review the 13 proposed decision upon the motion of a party to the appeal or 14 upon the administrator’s own motion in accordance with chapter 15 17A . Upon review of the proposed decision, the administrator 16 may affirm, reverse, or modify the proposed decision. A 17 liquor control licensee, wine or beer permittee, or a local 18 authority aggrieved by a decision of the administrator may 19 seek judicial review of the decision pursuant to chapter 17A . 20 However, notwithstanding any provision of this chapter to 21 the contrary, a decision by a local authority to suspend any 22 retail wine or beer permit or liquor control license for a 23 third violation of any ordinance or regulation adopted by the 24 local authority within a year shall be final and the license or 25 permit holder shall not be entitled to appeal the decision to 26 the administrator. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to appeal rights for the suspension of 31 a retail wine or beer permit or liquor control license by 32 a local authority. The bill provides that a decision by a 33 local authority to suspend any permit or license for a third 34 violation of any ordinance adopted by the local authority 35 -1- LSB 5898YH (3) 87 ec/rn 1/ 2

H.F. 2168 within a year shall be final and the license or permit 1 holder shall not be entitled to appeal the decision to the 2 administrator of the alcoholic beverages division. 3 -2- LSB 5898YH (3) 87 ec/rn 2/ 2