H.F. 2340 Section 1. NEW SECTION . 123.56 Public safety nuisances —— 1 procedure. 2 1. A public safety nuisance exists at a licensed premises 3 for purposes of this section when it is established by clear 4 and convincing evidence that an owner, manager, employee, 5 contemporaneous patron or guest of the licensed premises 6 commits any of the following acts on the premises, on any 7 property contiguous to the premises, or within five hundred 8 feet of the premises: 9 a. Unlawfully discharges a firearm or uses an offensive 10 weapon, as defined in section 724.1, regardless of whether it 11 inflicts injury or death. 12 b. Assaults another person with a dangerous weapon as 13 defined in section 702.7 resulting in injury or death. 14 c. Engages in a riot as defined in section 723.1 on at 15 least three separate days within any twelve-month period in 16 which a peace officer responded for purposes of dispersing the 17 participants in the riot. A person who willingly joins in or 18 remains a part of a riot need not be the same person for each 19 riot incident. 20 2. If the county attorney or city attorney where the 21 licensed premises is located has reason to believe a public 22 safety nuisance that constitutes a serious threat to the 23 public safety exists, the county attorney or city attorney, or 24 attorney acting at the direction of the county attorney or city 25 attorney, may file a suit in equity in district court without 26 bond seeking abatement of a public safety nuisance arising 27 from a premises licensed under this chapter pursuant to the 28 requirements of this section. 29 3. In an action seeking abatement of a public safety 30 nuisance as provided in this section, evidence of other 31 current violations of this chapter may be received by the 32 court and considered in determining the remedial provisions 33 of any abatement order. In addition, evidence of prior 34 sanctions, violations of law, nuisance behavior, or general 35 -1- LSB 5439HV (2) 89 ec/rn 1/ 3

H.F. 2340 reputation relating to the licensed premises may be admissible 1 in determining the reasonableness of remedial provisions of an 2 abatement order. However, evidence of a prior conviction of 3 the licensee, managers, employees, or contemporaneous patrons 4 and guests is not necessary for purposes of considering or 5 issuing an abatement order under this section. In an action 6 under this section, the administrator may submit to the court 7 a report as evidence on behalf of the division regarding 8 the compliance history of the licensee or permittee for 9 consideration by the court. 10 4. If the district court finds that a public safety nuisance 11 exists, the court may enter judgment declaring the existence 12 of the nuisance and order such remedial action as the court 13 determines reasonable to abate the nuisance. The abatement 14 order may take the form of an injunction. The duration of an 15 abatement order may be up to two years. Remedial action may 16 include but is not limited to temporary closure of the licensed 17 premises, revocation of the license for such period of time as 18 is consistent with section 123.40, required change in business 19 practice or operations, or posting of a bond. If a bond is 20 ordered and posted, the bond shall be subject to forfeiture, 21 in whole or in part, for any further actions contrary to the 22 abatement order. 23 5. For purposes of this section, “licensed premises” does 24 not include a licensed premises that is a food establishment 25 at the same location. For purposes of this subsection, “food 26 establishment” means an establishment where the establishment’s 27 primary business is to sell food for consumption on the 28 premises, generally to persons seated within an enclosed 29 building which includes kitchen facilities for the preparation 30 and service of that food, but may include food sold for takeout 31 or delivery, and where at least half of the establishment’s 32 gross income is derived from the sale of prepared food and 33 food-related services. 34 EXPLANATION 35 -2- LSB 5439HV (2) 89 ec/rn 2/ 3

H.F. 2340 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill establishes the requirements for establishing and 3 abating a public safety nuisance under Code chapter 123. 4 New Code section 123.56 provides that a public safety 5 nuisance exists when it is established by clear and convincing 6 evidence that an owner, manager, employee, contemporaneous 7 patron, or guest of the licensed premises unlawfully discharges 8 a firearm or uses an offensive weapon, assaults another person 9 with a dangerous weapon, or engages in a riot on at least three 10 separate days within any 12-month period, on the premises, on 11 any property contiguous to the premises, or within 500 feet of 12 the premises. 13 The bill provides that if the county attorney or city 14 attorney where the licensed premises is located believes a 15 public safety nuisance exists, the county attorney or city 16 attorney, or attorney acting at the direction of the county 17 attorney or city attorney, may file a suit in equity in 18 district court without bond seeking abatement of the public 19 safety nuisance. The bill then describes evidence that may 20 be considered in an action seeking abatement of the public 21 safety nuisance. The bill provides that if the district court 22 finds that a public safety nuisance exists, the court may enter 23 judgment declaring the existence of the nuisance and order such 24 remedial action as the court determines reasonable to abate 25 the nuisance. The bill describes appropriate remedial action 26 that may be taken by the district court. Finally, the bill 27 excludes from the provisions of the bill a licensed premises 28 that is also a food establishment where at least half of the 29 establishment’s gross income is derived from food-related 30 sales. 31 -3- LSB 5439HV (2) 89 ec/rn 3/ 3