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House File 25 - IntroducedA Bill ForAn Act 1concerning review of disapproval of applications for
2liquor control licenses and permits by local authorities.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.32, subsection 6, paragraph a, Code
22021, is amended to read as follows:
3a. Upon receipt of an application having been disapproved
4by the local authority, the administrator shall notify the
5applicant that the applicant may appeal the disapproval of the
6application to the administrator district court as provided in
7this section. The applicant shall be notified by certified
8mail or personal service, and the application, the fee, and any
9bond shall be returned to the applicant.
10 Sec. 2. Section 123.32, subsection 7, Code 2021, is amended
11by striking the subsection.
12 Sec. 3. Section 123.32, subsection 8, Code 2021, is amended
13to read as follows:
148. Judicial review.
15a. The applicant or the local authority may seek judicial
16review of the action of the administrator in accordance with
17the terms of the Iowa administrative procedure Act, chapter
1817A. Notwithstanding the terms of the Iowa administrative
19procedure Act, chapter 17A, petitions for judicial review may
20be filed in the district court of the county where the premises
21covered by the application are situated.
22b. The applicant may file an action in the district court
23of the county where the premises covered by the application is
24situated to seek judicial review of the action of the local
25authority in disapproving an application.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill eliminates the ability of an applicant for a
30liquor control license, wine permit, or beer permit to appeal
31the denial of the license or permit by the applicable local
32authority to the administrator of the alcoholic beverages
33division of the department of commerce. Instead, the bill
34provides that an applicant may seek judicial review of the
35denial of the license or permit by filing an action in the
-1-1district court of the county where the premises covered by the
2application is located.
-2-je/rn
2liquor control licenses and permits by local authorities.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.32, subsection 6, paragraph a, Code
22021, is amended to read as follows:
3a. Upon receipt of an application having been disapproved
4by the local authority, the administrator shall notify the
5applicant that the applicant may appeal the disapproval of the
6application to the administrator district court as provided in
7this section. The applicant shall be notified by certified
8mail or personal service, and the application, the fee, and any
9bond shall be returned to the applicant.
10 Sec. 2. Section 123.32, subsection 7, Code 2021, is amended
11by striking the subsection.
12 Sec. 3. Section 123.32, subsection 8, Code 2021, is amended
13to read as follows:
148. Judicial review.
15a. The applicant or the local authority may seek judicial
16review of the action of the administrator in accordance with
17the terms of the Iowa administrative procedure Act, chapter
1817A. Notwithstanding the terms of the Iowa administrative
19procedure Act, chapter 17A, petitions for judicial review may
20be filed in the district court of the county where the premises
21covered by the application are situated.
22b. The applicant may file an action in the district court
23of the county where the premises covered by the application is
24situated to seek judicial review of the action of the local
25authority in disapproving an application.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill eliminates the ability of an applicant for a
30liquor control license, wine permit, or beer permit to appeal
31the denial of the license or permit by the applicable local
32authority to the administrator of the alcoholic beverages
33division of the department of commerce. Instead, the bill
34provides that an applicant may seek judicial review of the
35denial of the license or permit by filing an action in the
-1-1district court of the county where the premises covered by the
2application is located.
-2-je/rn