§ 123.56 — Public safety nuisances — procedure

Iowa § 123.56

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 123: ALCOHOLIC BEVERAGE CONTROL

Text

1. A public safety nuisance exists at a licensed premises for purposes of this section
when it is established by clear and convincing evidence that an owner, manager, employee,
contemporaneous patron, or guest of the licensed premises commits any of the following
acts on the licensed premises or in any parking lots or areas, including but not limited to
public rights of way, adjacent to the licensed premises:
a. Unlawfully discharges a firearm or uses an offensive weapon, as defined in section
724.1, regardless of whether it inflicts injury or death.
b. Assaults another person with a dangerous weapon as defined in section 702.7 resulting
in injury or death.
c. Engages in a riot as defined in section 723.1 on at least three separate days within
any twelve-month period in which a peace officer responded for purposes of dispersing the
participants in the riot. A person who willingly joins in or remains a part of a riot need not
be the same person for each riot incident.
2. Ifthecountyattorneyorcityattorneyforthecountyorcitywherethelicensedpremises
islocatedhasreasontobelieveapublicsafetynuisancethatconstitutesaseriousthreattothe
public safety exists, the county attorney or city attorney, or an attorney acting at the direction
of the county attorney or city attorney, may file a suit in equity in district court without bond
seeking abatement of a public safety nuisance occurring at a premises licensed under this
chapter pursuant to the requirements of this section.
3. Uponfilingasuitinequityindistrictcourtpursuanttosubsection2, thecountyattorney
orcityattorneyshallnotifythedirectoroftheaction. Uponreceivingnotice, thedirectorshall
issueanorderreducingthehoursduringwhichalcoholicbeveragesmaybesoldorconsumed
at retail on the licensed premises to between 6:00 a.m. and 10:00 p.m. each day of the week
during the pendency of the action in equity. The county attorney or city attorney shall notify
the director of any final action or judgment entered resulting from the action.
4. In an action seeking abatement of a public safety nuisance as provided in this section,
evidence of other current violations of this chapter may be received by the court and
considered in determining the remedial provisions of any abatement order. In addition,
evidence of prior sanctions, violations of law, nuisance behavior, or general reputation
relating to the licensed premises may be admissible in determining the reasonableness of
remedial provisions of an abatement order. However, evidence of a prior conviction of the
licensee, managers, employees, or contemporaneous patrons and guests is not necessary
for purposes of considering or issuing an abatement order under this section. In an action
under this section, the director may submit to the court a report as evidence on behalf of the
department regarding the compliance history of the licensee or permittee for consideration
by the court.
5. If the district court finds that a public safety nuisance exists, the court may enter
judgment declaring the existence of the nuisance and order such remedial action as the court
determines reasonable to abate the nuisance. The abatement order may take the form of an
injunction. The duration of an abatement order may be up to two years. Remedial action
may include but is not limited to temporary closure of the licensed premises, revocation of
the license for such period of time as is consistent with section 123.40, required change in
business practice or operations, or posting of a bond. If a bond is ordered and posted, the
bond shall be subject to forfeiture, in whole or in part, for any further actions contrary to
the abatement order.
6. For purposes of this section, “licensed premises” means a premises where alcoholic

beverages are authorized to be sold for consumption on the licensed premises and where the
serving of food is only incidental to the consumption of alcoholic beverages on the premises.