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Senate Study Bill 3127 - IntroducedA Bill ForAn Act 1relating to public safety nuisances concerning licensed
2premises where alcoholic beverages, wine, or beer is sold or
3consumed.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 123.56 Public safety nuisances —
2procedure.
31. A public safety nuisance exists at a licensed premises
4for purposes of this section when it is established by clear
5and convincing evidence that an owner, manager, employee,
6contemporaneous patron or guest of a premises licensed under
7this chapter commits any of the following acts either on the
8premises or within one thousand five hundred feet of the
9premises:
10a. Unlawfully discharges a firearm or uses an offensive
11weapon, as defined in section 724.1, regardless of whether it
12inflicts injury or death.
13b. Assaults another person with a dangerous weapon as
14defined in section 702.7 resulting in injury or death.
15c. Engages in a riot as defined in section 723.1 on at
16least three separate days within any twelve-month period in
17which a peace officer responded for purposes of dispersing the
18participants in the riot. A person who willingly joins in or
19remains a part of a riot need not be the same person for each
20riot incident.
212. If the county attorney or city attorney where the
22licensed premises is located has reason to believe a public
23safety nuisance that constitutes a serious threat to the
24public safety exists, the county attorney or city attorney, or
25attorney acting at the direction of the county attorney or city
26attorney, may file a suit in equity in district court without
27bond seeking abatement of a public safety nuisance arising
28from a premises licensed under this chapter pursuant to the
29requirements of this section.
303. An action filed pursuant to subsection 2 shall be given
31priority over other business pending before the district court
32and the trial shall begin within forty-five days after the
33filing of the action. The petitioner may seek a temporary
34injunction prior to trial.
354. In an action seeking abatement of a public safety
-1-1nuisance as provided in this section, evidence of other
2current violations of this chapter may be received by the
3court and considered in determining the remedial provisions
4of any abatement order. In addition, evidence of prior
5sanctions, violations of law, nuisance behavior, or general
6reputation relating to the licensed premises may be admissible
7in determining the reasonableness of remedial provisions of an
8abatement order. However, evidence of a prior conviction of
9the licensee, managers, employees, or contemporaneous patrons
10and guests is not necessary for purposes of considering or
11issuing an abatement order under this section. In an action
12under this section, the administrator may submit to the court
13a report as evidence on behalf of the division regarding
14the compliance history of the licensee or permittee for
15consideration by the court.
165. If the district court finds that a public safety nuisance
17exists, the court may enter judgment declaring the existence
18of the nuisance and order such remedial action as the court
19determines reasonable to abate the nuisance. The abatement
20order may take the form of an injunction. The duration of an
21abatement order may be up to two years. Remedial action may
22include but is not limited to temporary closure of the licensed
23premises, revocation of the license for such period of time as
24is consistent with section 123.40, required change in business
25practice or operations, or posting of a bond. If a bond is
26ordered and posted, the bond shall be subject to forfeiture,
27in whole or in part, for any further actions contrary to the
28abatement order.
296. This section shall be the exclusive method for
30establishing and abating a public safety nuisance as described
31in this section.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill establishes the requirements for establishing and
-2-1abating a public safety nuisance under Code chapter 123.
2New Code section 123.56 provides that a public safety
3nuisance exists when it is established by clear and convincing
4evidence that an owner, manager, employee, contemporaneous
5patron, or guest of a premises licensed under Code chapter 123
6unlawfully discharges a firearm or uses an offensive weapon,
7assaults another person with a dangerous weapon, or engages
8in a riot on at least three separate days within any 12-month
9period, on the premises or within 1,500 feet of the premises.
10The bill provides that if the county attorney or city
11attorney where the licensed premises is located believes a
12public safety nuisance exists, the county attorney or city
13attorney, or attorney acting at the direction of the county
14attorney or city attorney, may file a suit in equity in
15district court without bond seeking abatement of the public
16safety nuisance. The bill provides that a public safety
17nuisance action shall be given priority over other business
18pending before the district court and the trial shall begin
19within 45 days after the filing of the action. The bill then
20describes evidence that may be considered in an action seeking
21abatement of the public safety nuisance. Finally, the bill
22provides that if the district court finds that a public safety
23nuisance exists, the court may enter judgment declaring the
24existence of the nuisance and order such remedial action as the
25court determines reasonable to abate the nuisance. The bill
26describes appropriate remedial action that may be taken by the
27district court.
28The bill also provides that the new Code section shall be the
29exclusive method for establishing and abating a public safety
30nuisance as described in the new Code section.
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2premises where alcoholic beverages, wine, or beer is sold or
3consumed.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 123.56 Public safety nuisances —
2procedure.
31. A public safety nuisance exists at a licensed premises
4for purposes of this section when it is established by clear
5and convincing evidence that an owner, manager, employee,
6contemporaneous patron or guest of a premises licensed under
7this chapter commits any of the following acts either on the
8premises or within one thousand five hundred feet of the
9premises:
10a. Unlawfully discharges a firearm or uses an offensive
11weapon, as defined in section 724.1, regardless of whether it
12inflicts injury or death.
13b. Assaults another person with a dangerous weapon as
14defined in section 702.7 resulting in injury or death.
15c. Engages in a riot as defined in section 723.1 on at
16least three separate days within any twelve-month period in
17which a peace officer responded for purposes of dispersing the
18participants in the riot. A person who willingly joins in or
19remains a part of a riot need not be the same person for each
20riot incident.
212. If the county attorney or city attorney where the
22licensed premises is located has reason to believe a public
23safety nuisance that constitutes a serious threat to the
24public safety exists, the county attorney or city attorney, or
25attorney acting at the direction of the county attorney or city
26attorney, may file a suit in equity in district court without
27bond seeking abatement of a public safety nuisance arising
28from a premises licensed under this chapter pursuant to the
29requirements of this section.
303. An action filed pursuant to subsection 2 shall be given
31priority over other business pending before the district court
32and the trial shall begin within forty-five days after the
33filing of the action. The petitioner may seek a temporary
34injunction prior to trial.
354. In an action seeking abatement of a public safety
-1-1nuisance as provided in this section, evidence of other
2current violations of this chapter may be received by the
3court and considered in determining the remedial provisions
4of any abatement order. In addition, evidence of prior
5sanctions, violations of law, nuisance behavior, or general
6reputation relating to the licensed premises may be admissible
7in determining the reasonableness of remedial provisions of an
8abatement order. However, evidence of a prior conviction of
9the licensee, managers, employees, or contemporaneous patrons
10and guests is not necessary for purposes of considering or
11issuing an abatement order under this section. In an action
12under this section, the administrator may submit to the court
13a report as evidence on behalf of the division regarding
14the compliance history of the licensee or permittee for
15consideration by the court.
165. If the district court finds that a public safety nuisance
17exists, the court may enter judgment declaring the existence
18of the nuisance and order such remedial action as the court
19determines reasonable to abate the nuisance. The abatement
20order may take the form of an injunction. The duration of an
21abatement order may be up to two years. Remedial action may
22include but is not limited to temporary closure of the licensed
23premises, revocation of the license for such period of time as
24is consistent with section 123.40, required change in business
25practice or operations, or posting of a bond. If a bond is
26ordered and posted, the bond shall be subject to forfeiture,
27in whole or in part, for any further actions contrary to the
28abatement order.
296. This section shall be the exclusive method for
30establishing and abating a public safety nuisance as described
31in this section.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill establishes the requirements for establishing and
-2-1abating a public safety nuisance under Code chapter 123.
2New Code section 123.56 provides that a public safety
3nuisance exists when it is established by clear and convincing
4evidence that an owner, manager, employee, contemporaneous
5patron, or guest of a premises licensed under Code chapter 123
6unlawfully discharges a firearm or uses an offensive weapon,
7assaults another person with a dangerous weapon, or engages
8in a riot on at least three separate days within any 12-month
9period, on the premises or within 1,500 feet of the premises.
10The bill provides that if the county attorney or city
11attorney where the licensed premises is located believes a
12public safety nuisance exists, the county attorney or city
13attorney, or attorney acting at the direction of the county
14attorney or city attorney, may file a suit in equity in
15district court without bond seeking abatement of the public
16safety nuisance. The bill provides that a public safety
17nuisance action shall be given priority over other business
18pending before the district court and the trial shall begin
19within 45 days after the filing of the action. The bill then
20describes evidence that may be considered in an action seeking
21abatement of the public safety nuisance. Finally, the bill
22provides that if the district court finds that a public safety
23nuisance exists, the court may enter judgment declaring the
24existence of the nuisance and order such remedial action as the
25court determines reasonable to abate the nuisance. The bill
26describes appropriate remedial action that may be taken by the
27district court.
28The bill also provides that the new Code section shall be the
29exclusive method for establishing and abating a public safety
30nuisance as described in the new Code section.
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