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New Iowa Law Related to Public Nuisance Bars Copyrighted J uly 31, 2023 City of Dubuque Special Meeting Action Items # 01. ITEM TITLE: New lowa Law Related to Public Nuisance Bars SUMMARY: CityAttorney providing information on a new law in lowa related to Public Nuisance Bars. SUGGESTED Receive and File; Presentation Suggested Disposition: DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo House File 2340 Supporting Documentation Davenport Supporting Documentation Des Moines Supporting Documentation lowa Code 123.56 Supporting Documentation Dubuque THE CITY OF � AIFAneriea Cil� Du B E ��,����,����v��. ' � II ��' MRSt� iece on the Mississi 1 zoo��zoiz=zois �P pP zai�*zoi9 CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY TO: MAYOR BRAD M. CAVANAGH AND MEMBERS OF THE CITY COUNCIL DATE: JULY 27, 2023 RE: ADDITIONAL AGENDA ITEM FOR MONDAY, Ju�Y 31, 2023 I am proposing to add an action item to the Work Session scheduled for July 31, 2023. It is an action item that will involve a short presentation by Chief Jeremy Jensen and myself on a new law in lowa related to Public Nuisance Bars. We would then be available for discussion and questions. cc: Michael C. Van Milligen, City Manager Jeremy Jensen, Police Chief OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TE�EPHONE(563)589-4381 /Fax(563)583-1040/Ennai�cbrumwel@cityofdubuque.org House File 2340 - Enrolled House File 2340 AN ACT RELATING TO PUBLIC SAFETY NUISANCES CONCERNING LICENSED PREMISES WHERE ALCOHOLIC BEVERAGES, WINE, OR BEER IS SOLD OR CONSUMED. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. NEW SECTION. 123.56 Public safety nuisances — procedure. l . 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 . House File 2340, p. 2 2. If the county attorney or city attorney where the licensed premises is located has reason to believe a public safety nuisance that constitutes a serious threat to the public safety exists, the county attorney or city attorney, or 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 arising from a premises licensed under this chapter pursuant to the requirements of this section. 3 . Upon filing a suit in equity in district court pursuant to subsection 2, the county attorney or city attorney shall notify the administrator of the action. Upon receiving notice, the administrator shall issue an order reducing the hours during which alcoholic beverages may be sold or consumed 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 administrator 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 administrator may submit to the court a report as evidence on behalf of the division 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 House File 2340, p. 3 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, "Zicensed 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 . PAT GRASSLEY JAKE CHAPMAN Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 2340, Eighty-ninth General Assembly. MEGHAN NELSON Chief Clerk of the House Approved , 2022 KIM REYNOLDS Governor IA: lowa House passes Davenport-backed nuisance bar bill - Dram Shop Expert IA: Iowa House passes Davenport- backed nuisance bar bill • March 2, 2022 IA: Iowa House passes Davenport-backed nuisance bar bill Quad-City Times By Sarah Watson March 1, 2022 Iowa cities could take bar owners to court to have their liquored license pulled for safety concerns rather than having to rely on state regulators under a bill passed by the Iowa House. House lawmakers on Monday approved a bill that Davenport city officials say will give cities more control over addressing_public safety nuisances stemming form establishments that serve alcohol. House File 2340 would allow city and county attorneys to sue alcohol establishments for creatin� a serious threat to public safetX and seek a temporary injunction before trial, rather than relying on the Iowa Alcoholic Beverages Division. Licensed food establishments that sell alcohol, such as restaurants, would be exempt. Some Iowa lawmakers and Iowa's restaurant and beverage association say the bill creates an unnecessary second system for complaints and isn't enforceable. Davenport tried to deny a liquor license to the now-closed Shenanigan's Irish Pub at 303 W. 3rd St. because of its public safety histary. The city was overruled by the Alcoholic Beverages Division, which is responsible for regulating and investigating complaints about alcohol establishments. Law enfarcement responded to mare than 2,000 calls for service to Shenanigan's over a three- year period, including reports of gunfire and large fights. The bar closed in 2019 because the landlord ended its lease. The bill, which heads to the Iowa Senate, states a public safety nuisance exists if"it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron or guest of the licensed premises unlawfully discharges a firearm or uses an offensive weapon, assaults another person with a dangerous weapon, or engages in a riot on at least three separate days within any 12-month period, on the premises, on any property contiguous to the premises, or within 500 feet of the premises." The bill previously addressed a radius of 1,000 feet of the establishment,but lawmakers winnowed it to 500 feet because of concerns from the restaurant and beverage industry. City officials said the changes still keep the integrity of the bill, which is to provide a path through the court system for local governments to address public safety concerns at alcohol establishments. Going through local courts, which typically handle nuisance complaints in all other capacities, will bring parity to the process and, hopefully, swifter resolution, Davenport city officials have said in support of the bill. Should a district court determine a threat to public safety exists, the court could temporarily close the business, revoke its alcohol license or require a change in business practice or operations. It could also require the owner post bond to keep the property open pending �nal resolution of the lawsuit. Jessica Dunker,president and CEO of the Iowa Restaurant Association, said the arganization is still opposed to the bill as written over concerns that bar-owners or managers would be discouraged to ca11911 for emergencies for fear of being flagged as part of the problem. She said the arganization is hopeful the Iowa Senate will put a pause on the bill to allow stakeholders to propose a different solution for addressing issues with nuisance bars, and fix what's not working with the Alcoholic Beverage Association's complaint system. "I think it's best to fix the system that isn't working rather than create a second system as an end- run around," Dunker said. Sponsor Rep. Ross Paustian, R-Walcott called it"unconscionable"to allow a business with more than 2,000 public safety calls to stay open. The problem has become more pronounced in communities bordering Illinois, Rep. Cindy Winckler, D-Davenport, said. Illinois cities can suspend liquor licenses indefinitely if there is a public safety issue, she said. Rep. Rick Olson, D-Des Moines, expressed concerns about holding establishment owners responsible for activity that happens close to but not on the property, and called the bill "classic code clutter." Davenport Mayor Mike Matson praised the House's approval of the bill. "Pm pleased that it passed the House, and look forward to it passing the Senate,"Matson said. � � _ � - �- 88� — o No Alerts & Closings in Your Area Sign Up to Get Future Alerts < 2 / 2 � �� - SHOW TRANSCRIPT Advertisement City of Des Moines files lawsuit against bar Updated: 8:21 PM CDT Jul 17, 2023 Infinite Scroll Enabled � DES MOINES, lowa —The city of Des Moines is taking an embattled Ingersoll bar to court. The city says Zora Bar and Rooftop is a public safety nuisance. The lawsuit, filed last week, describes a long list of police calls and incidents at Zora in the last eight months. Those police calls include a homicide that happened in the bar's parking lot last November. The lawsuit states that police have been called to Zora and the surrounding area 54 times for disturbing the peace and quiet. Advertisement Last week, shots were fired around bar close. The bar's owner, Edwin Allen, is demanding a jury trial. "The city filed to abate the nuisance and has asked for such remedial action as the Court deems reasonable to abate the nuisance;' Des Moines City Manager Scott Sanders said in a statement to KCCI. The lawsuit uses a new state law that allows cities to sue bar owners and their establishments and request remedial action by a judge. That action, according to the new law, can be a temporary closure of the establishment, revocation of a liquor license for a period of time, change in business practice or posting of bond. The city says a public safety nuisance exists because of multiple riots and the use of a weapon at Zora. Riots, according to state law, are where three or more people are together causing violence or property damage. The lawsuit says, by those standards, a riot in the parking lot happened on April 2, February 26 and July 9. Recommended Authorities identify man recovered from Saylorville Lake KCCI was scheduled to do an interview with Allen. Though on Monday he said the timeframe didn't match up to his schedule. He disputes virtually all of the complaints made by the city in the lawsuit and says he's tried to work with police proactively to curb violence. Des Moines Police Sgt. Paul Parizek says police have increased patrols in the neighborhood. "Those have actually resulted in the recovery of illegal drugs, and at least five illegally possessed firearmsjust since March;' Sgt. Parizek said. "So, our efforts are there, and they're very successful." Zora is currently up for sale. The public nuisance law also states that once it is filed, a bar owner will be notified to stop serving alcohol at 10 p.m. The lowa Alcoholic Beverages Division says Zora has been notified to stop serving by 10 p.m. GOOD HOUSEKEEPING 15 Best Early Labor Day Furniture Sales of Where to Buy Mattel's 'Barbie' Movie 2023 Dolls Inspired by Margot Robbie and Ryan Gosling The `Barbie the Movie' Amazon Shop Is Nordstrom's Anniversary Sale Has Major Full of Pink, Plastic, Fantastic Merch Deals Under $100 on Clothing, Home and More KCCI U�S MUIN �S f � o Contact Us News Team Apps & Social Email Alerts Careers Internships Advertise Digital Advertising Terms & Conditions Broadcast Terms & Conditions RSS EEO Reports Captioning Contacts Public Inspection File Public File Assistance FCC Applications News Policy Statements Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. 02023, Hearst Television Inc. on behalf of KCCI-TV. Privacy Notice Your California Privacy Rights Interest-Based Ads Terms of Use Site Map 1 ALCOHOLIC BEVERAGE CONTROL, §123.56 123.56 Public safety nuisances—procedure. 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. If the county attorney or city attorney where the licensed premises is located has reason to believe a public safety nuisance that constitutes a serious threat to the public safety exists, the county attorney or city attorney,or 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 arising from a premises licensed under this chapter pursuant to the requirements of this section. 3. Upon filing a suit in equity in district court pursuant to subsection 2, the county attorney or city attorney shall notify the administrator of the action. Upon receiving notice, the administrator shall issue an order reducing the hours during which alcoholic beverages may be sold or consumed 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 administrator 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 administrator may submit to the court a report as evidence on behalf of the division 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. 2022 Acts, ch 1100, §1 NEW section Thu Dec 29 22:49:01 2022 Iowa Code 2023, Section 123.56 (7, 1)