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House File 217 - IntroducedA Bill ForAn Act 1concerning review of disapproval of applications for
2retail alcohol licenses 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
22023, 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 2023, is amended
11by striking the subsection.
12 Sec. 3. Section 123.32, subsection 8, Code 2023, 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
30retail alcohol license, wine permit, or beer permit to appeal
31the denial of the license by the applicable local authority to
32the administrator of the alcoholic beverages division of the
33department of commerce. Instead, the bill provides that an
34applicant may seek judicial review of the denial of the license
35by filing an action in the district court of the county where
-1-1the premises covered by the application is located.
-2-ec/rn
2retail alcohol licenses 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
22023, 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 2023, is amended
11by striking the subsection.
12 Sec. 3. Section 123.32, subsection 8, Code 2023, 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
30retail alcohol license, wine permit, or beer permit to appeal
31the denial of the license by the applicable local authority to
32the administrator of the alcoholic beverages division of the
33department of commerce. Instead, the bill provides that an
34applicant may seek judicial review of the denial of the license
35by filing an action in the district court of the county where
-1-1the premises covered by the application is located.
-2-ec/rn