House File 2340 – Enrolled
AN ACT
RELATING TO PUBLIC SAFETY NUISANCES CONCERNING LICENSED
PREMISES WHERE ALCOHOLIC BEVERAGES, WINE, OR BEER IS SOLD OR CONSUMED.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 123.56 Public safety nuisances ——
2 procedure.
3 1. A public safety nuisance exists at a licensed premises
4 for purposes of this section when it is established by clear
5 and convincing evidence that an owner, manager, employee,
6 contemporaneous patron, or guest of the licensed premises
7 commits any of the following acts on the licensed premises or
8 in any parking lots or areas, including but not limited to
9 public rights of way, adjacent to the licensed premises:
10 a. Unlawfully discharges a firearm or uses an offensive
11 weapon, as defined in section 724.1, regardless of whether it
12 inflicts injury or death.
13 b. Assaults another person with a dangerous weapon as
14 defined in section 702.7 resulting in injury or death.
15 c. Engages in a riot as defined in section 723.1 on at
16 least three separate days within any twelve-month period in
17 which a peace officer responded for purposes of dispersing the
18 participants in the riot. A person who willingly joins in or
19 remains a part of a riot need not be the same person for each
20 riot incident.
House File 2340

21 2. If the county attorney or city attorney where the
22 licensed premises is located has reason to believe a public
23 safety nuisance that constitutes a serious threat to the
24 public safety exists, the county attorney or city attorney, or
25 attorney acting at the direction of the county attorney or city
26 attorney, may file a suit in equity in district court without
27 bond seeking abatement of a public safety nuisance arising
28 from a premises licensed under this chapter pursuant to the
29 requirements of this section.
30 3. Upon filing a suit in equity in district court pursuant
31 to subsection 2, the county attorney or city attorney shall
32 notify the administrator of the action. Upon receiving notice,
33 the administrator shall issue an order reducing the hours
34 during which alcoholic beverages may be sold or consumed at
35 retail on the licensed premises to between 6:00 a.m. and 10:00
1 p.m. each day of the week during the pendency of the action in
2 equity. The county attorney or city attorney shall notify the
3 administrator of any final action or judgment entered resulting
4 from the action.
5 4. In an action seeking abatement of a public safety
6 nuisance as provided in this section, evidence of other
7 current violations of this chapter may be received by the
8 court and considered in determining the remedial provisions
9 of any abatement order. In addition, evidence of prior
10 sanctions, violations of law, nuisance behavior, or general
11 reputation relating to the licensed premises may be admissible
12 in determining the reasonableness of remedial provisions of an
13 abatement order. However, evidence of a prior conviction of
14 the licensee, managers, employees, or contemporaneous patrons
15 and guests is not necessary for purposes of considering or
16 issuing an abatement order under this section. In an action
17 under this section, the administrator may submit to the court
18 a report as evidence on behalf of the division regarding
19 the compliance history of the licensee or permittee for
20 consideration by the court.
21 5. If the district court finds that a public safety nuisance
22 exists, the court may enter judgment declaring the existence
23 of the nuisance and order such remedial action as the court
24 determines reasonable to abate the nuisance. The abatement
House File 2340, p. 2

25 order may take the form of an injunction. The duration of an
26 abatement order may be up to two years. Remedial action may
27 include but is not limited to temporary closure of the licensed
28 premises, revocation of the license for such period of time as
29 is consistent with section 123.40, required change in business
30 practice or operations, or posting of a bond. If a bond is
31 ordered and posted, the bond shall be subject to forfeiture,
32 in whole or in part, for any further actions contrary to the
33 abatement order.
34 6. For purposes of this section, “licensed premises” means
35 a premises where alcoholic beverages are authorized to be sold
1 for consumption on the licensed premises and where the serving
2 of food is only incidental to the consumption of alcoholic
3 beverages on the premises.
__________________ PAT GRASSLEY
Speaker of the House
__________________ JAKE CHAPMAN
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.
Approved ___, 2022
__________________ MEGHAN NELSON
Chief Clerk of the House

KIM REYNOLDS
Governor
House File 2340, p. 3