House File 217 - Introduced HOUSE FILE 217 BY AMOS , SCHOLTEN , ABDUL-SAMAD , SRINIVAS , KURTH , BAETH , and BROWN-POWERS A BILL FOR An Act concerning review of disapproval of applications for 1 retail alcohol licenses by local authorities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1687YH (3) 90 ec/rn

H.F. 217 Section 1. Section 123.32, subsection 6, paragraph a, Code 1 2023, is amended to read as follows: 2 a. Upon receipt of an application having been disapproved 3 by the local authority, the administrator shall notify the 4 applicant that the applicant may appeal the disapproval of the 5 application to the administrator district court as provided in 6 this section . The applicant shall be notified by certified 7 mail or personal service, and the application, the fee, and any 8 bond shall be returned to the applicant. 9 Sec. 2. Section 123.32, subsection 7, Code 2023, is amended 10 by striking the subsection. 11 Sec. 3. Section 123.32, subsection 8, Code 2023, is amended 12 to read as follows: 13 8. Judicial review. 14 a. The applicant or the local authority may seek judicial 15 review of the action of the administrator in accordance with 16 the terms of the Iowa administrative procedure Act, chapter 17 17A . Notwithstanding the terms of the Iowa administrative 18 procedure Act, chapter 17A , petitions for judicial review may 19 be filed in the district court of the county where the premises 20 covered by the application are situated. 21 b. The applicant may file an action in the district court 22 of the county where the premises covered by the application is 23 situated to seek judicial review of the action of the local 24 authority in disapproving an application. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill eliminates the ability of an applicant for a 29 retail alcohol license, wine permit, or beer permit to appeal 30 the denial of the license by the applicable local authority to 31 the administrator of the alcoholic beverages division of the 32 department of commerce. Instead, the bill provides that an 33 applicant may seek judicial review of the denial of the license 34 by filing an action in the district court of the county where 35 -1- LSB 1687YH (3) 90 ec/rn 1/ 2

H.F. 217 the premises covered by the application is located. 1 -2- LSB 1687YH (3) 90 ec/rn 2/ 2