HF 2340 (LSB 5439HV (2) 89)

HOUSE FILE 2340

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 633)

A BILL FOR

An Act relating to public safety nuisances concerning licensed premises where alcoholic beverages, wine, or beer is sold or consumed.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  123.56  Public safety nuisances —— procedure.
   1.  A public safety nuisance exists at a licensed premises for purposes of this section when it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron or guest of the licensed premises commits any of the following acts on the premises, on any property contiguous to the premises, or within five hundred feet of the premises:
   a.  Unlawfully discharges a firearm or uses an offensive weapon, as defined in section 724.1, regardless of whether it inflicts injury or death.
   b.  Assaults another person with a dangerous weapon as defined in section 702.7 resulting in injury or death.
   c.  Engages in a riot as defined in section 723.1 on at least three separate days within any twelve-month period in which a peace officer responded for purposes of dispersing the participants in the riot. A person who willingly joins in or remains a part of a riot need not be the same person for each riot incident.
   2.  If the county attorney or city attorney where the licensed premises is located has reason to believe a public safety nuisance that constitutes a serious threat to the public safety exists, the county attorney or city attorney, or attorney acting at the direction of the county attorney or city attorney, may file a suit in equity in district court without bond seeking abatement of a public safety nuisance arising from a premises licensed under this chapter pursuant to the requirements of this section.
   3.  In an action seeking abatement of a public safety nuisance as provided in this section, evidence of other current violations of this chapter may be received by the court and considered in determining the remedial provisions of any abatement order. In addition, evidence of prior sanctions, violations of law, nuisance behavior, or general reputation relating to the licensed premises may be admissible in determining the reasonableness of remedial provisions of an abatement order. However, evidence of a prior conviction of the licensee, managers, employees, or contemporaneous patrons and guests is not necessary for purposes of considering or issuing an abatement order under this section. In an action under this section, the administrator may submit to the court a report as evidence on behalf of the division regarding the compliance history of the licensee or permittee for consideration by the court.
   4.  If the district court finds that a public safety nuisance exists, the court may enter judgment declaring the existence of the nuisance and order such remedial action as the court determines reasonable to abate the nuisance. The abatement order may take the form of an injunction. The duration of an abatement order may be up to two years. Remedial action may include but is not limited to temporary closure of the licensed premises, revocation of the license for such period of time as is consistent with section 123.40, required change in business practice or operations, or posting of a bond. If a bond is ordered and posted, the bond shall be subject to forfeiture, in whole or in part, for any further actions contrary to the abatement order.
   5.  For purposes of this section, “licensed premises” does not include a licensed premises that is a food establishment at the same location. For purposes of this subsection, “food establishment” means an establishment where the establishment’s primary business is to sell food for consumption on the premises, generally to persons seated within an enclosed building which includes kitchen facilities for the preparation and service of that food, but may include food sold for takeout or delivery, and where at least half of the establishment’s gross income is derived from the sale of prepared food and food-related services.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the requirements for establishing and abating a public safety nuisance under Code chapter 123.
   New Code section 123.56 provides that a public safety nuisance exists when it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron, or guest of the licensed premises unlawfully discharges a firearm or uses an offensive weapon, assaults another person with a dangerous weapon, or engages in a riot on at least three separate days within any 12-month period, on the premises, on any property contiguous to the premises, or within 500 feet of the premises.
   The bill provides that if the county attorney or city attorney where the licensed premises is located believes a public safety nuisance exists, the county attorney or city attorney, or attorney acting at the direction of the county attorney or city attorney, may file a suit in equity in district court without bond seeking abatement of the public safety nuisance. The bill then describes evidence that may be considered in an action seeking abatement of the public safety nuisance. The bill provides that if the district court finds that a public safety nuisance exists, the court may enter judgment declaring the existence of the nuisance and order such remedial action as the court determines reasonable to abate the nuisance. The bill describes appropriate remedial action that may be taken by the district court. Finally, the bill excludes from the provisions of the bill a licensed premises that is also a food establishment where at least half of the establishment’s gross income is derived from food-related sales.