House Study Bill 633 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act relating to public safety nuisances concerning licensed 1 premises where alcoholic beverages, wine, or beer is sold or 2 consumed. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5439YC (3) 89 ec/rn

H.F. _____ 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 either on the premises or 7 within one thousand feet of the premises: 8 a. Unlawfully discharges a firearm or uses an offensive 9 weapon, as defined in section 724.1, regardless of whether it 10 inflicts injury or death. 11 b. Assaults another person with a dangerous weapon as 12 defined in section 702.7 resulting in injury or death. 13 c. Engages in a riot as defined in section 723.1 on at 14 least three separate days within any twelve-month period in 15 which a peace officer responded for purposes of dispersing the 16 participants in the riot. A person who willingly joins in or 17 remains a part of a riot need not be the same person for each 18 riot incident. 19 2. If the county attorney or city attorney where the 20 licensed premises is located has reason to believe a public 21 safety nuisance that constitutes a serious threat to the 22 public safety exists, the county attorney or city attorney, or 23 attorney acting at the direction of the county attorney or city 24 attorney, may file a suit in equity in district court without 25 bond seeking abatement of a public safety nuisance arising 26 from a premises licensed under this chapter pursuant to the 27 requirements of this section. 28 3. An action filed pursuant to subsection 2 shall be given 29 priority over other business pending before the district court 30 and the trial shall begin within forty-five days after the 31 filing of the action. The petitioner may seek a temporary 32 injunction prior to trial. 33 4. In an action seeking abatement of a public safety 34 nuisance as provided in this section, evidence of other 35 -1- LSB 5439YC (3) 89 ec/rn 1/ 3

H.F. _____ current violations of this chapter may be received by the 1 court and considered in determining the remedial provisions 2 of any abatement order. In addition, evidence of prior 3 sanctions, violations of law, nuisance behavior, or general 4 reputation relating to the licensed premises may be admissible 5 in determining the reasonableness of remedial provisions of an 6 abatement order. However, evidence of a prior conviction of 7 the licensee, managers, employees, or contemporaneous patrons 8 and guests is not necessary for purposes of considering or 9 issuing an abatement order under this section. In an action 10 under this section, the administrator may submit to the court 11 a report as evidence on behalf of the division regarding 12 the compliance history of the licensee or permittee for 13 consideration by the court. 14 5. If the district court finds that a public safety nuisance 15 exists, the court may enter judgment declaring the existence 16 of the nuisance and order such remedial action as the court 17 determines reasonable to abate the nuisance. The abatement 18 order may take the form of an injunction. The duration of an 19 abatement order may be up to two years. Remedial action may 20 include but is not limited to temporary closure of the licensed 21 premises, revocation of the license for such period of time as 22 is consistent with section 123.40, required change in business 23 practice or operations, or posting of a bond. If a bond is 24 ordered and posted, the bond shall be subject to forfeiture, 25 in whole or in part, for any further actions contrary to the 26 abatement order. 27 6. For purposes of this section, “licensed premises” does 28 not include a licensed premises that is licensed as a food 29 establishment, as defined in section 137F.1, at the same 30 location. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill establishes the requirements for establishing and 35 -2- LSB 5439YC (3) 89 ec/rn 2/ 3

H.F. _____ abating a public safety nuisance under Code chapter 123. 1 New Code section 123.56 provides that a public safety 2 nuisance exists when it is established by clear and convincing 3 evidence that an owner, manager, employee, contemporaneous 4 patron, or guest of the licensed premises unlawfully discharges 5 a firearm or uses an offensive weapon, assaults another person 6 with a dangerous weapon, or engages in a riot on at least three 7 separate days within any 12-month period, on the premises or 8 within 1,000 feet of the premises. 9 The bill provides that if the county attorney or city 10 attorney where the licensed premises is located believes a 11 public safety nuisance exists, the county attorney or city 12 attorney, or attorney acting at the direction of the county 13 attorney or city attorney, may file a suit in equity in 14 district court without bond seeking abatement of the public 15 safety nuisance. The bill provides that a public safety 16 nuisance action shall be given priority over other business 17 pending before the district court and the trial shall begin 18 within 45 days after the filing of the action. The bill 19 then describes evidence that may be considered in an action 20 seeking abatement of the public safety nuisance. The bill 21 provides that if the district court finds that a public safety 22 nuisance exists, the court may enter judgment declaring the 23 existence of the nuisance and order such remedial action as 24 the court determines reasonable to abate the nuisance. The 25 bill describes appropriate remedial action that may be taken 26 by the district court. Finally, the bill excludes a licensed 27 premises that is also licensed as a food establishment from the 28 provision of the bill. 29 -3- LSB 5439YC (3) 89 ec/rn 3/ 3