99B.10B - REVOCATION OF REGISTRATION -- ELECTRICAL AND MECHANICAL AMUSEMENT DEVICES -- SUSPENSION OF LIQUOR LICENSE OR BEER PERMIT.
99B.10B REVOCATION OF REGISTRATION -- ELECTRICAL AND
MECHANICAL AMUSEMENT DEVICES -- SUSPENSION OF LIQUOR LICENSE OR BEER
PERMIT.
1. The department may deny, suspend, or revoke a registration
issued pursuant to section 99B.10 or 99B.10A, if the department finds
that an applicant, registrant, or an agent of a registrant violated
or permitted a violation of a provision of section 99B.10, 99B.10A,
or 99B.10C, or a departmental rule adopted pursuant to chapter 17A,
or for any other cause for which the director of the department would
be or would have been justified in refusing to issue a registration,
or upon the conviction of a person of a violation of this chapter or
a rule adopted under this chapter which occurred on the premises
where the registered amusement device is or is to be located.
However, the denial, suspension, or revocation of a registration for
one amusement device does not require, but may result in, the denial,
suspension, or revocation of the registration for a different
amusement device held by the same distributor or owner.
2. a. The department shall revoke a registration issued
pursuant to section 99B.10 or 99B.10A, for a period of ten years if a
person commits an offense of awarding a cash prize in violation of
section 99B.10, subsection 1, paragraph "b", pursuant to rules
adopted by the department. A person whose registration is revoked
under this subsection who is a person for which a class "A", class
"B", class "C", special class "C", or class "D" liquor control
license has been issued pursuant to chapter 123 shall have the
person's liquor control license suspended for a period of fourteen
days in the same manner as provided in section 123.50, subsection 3,
paragraph "a". A person whose registration is revoked under this
subsection who is a person for which only a class "B" or class "C"
beer permit has been issued pursuant to chapter 123 shall have the
person's class "B" or class "C" beer permit suspended for a period of
fourteen days in the same manner as provided in section 123.50,
subsection 3, paragraph "a".
b. If a person owning or employed by an establishment having
a class "A", class "B", class "C", special class "C", or class "D"
liquor control license issued pursuant to chapter 123 commits an
offense of awarding a cash prize in violation of section 99B.10,
subsection 1, paragraph "b", pursuant to rules adopted by the
department, the liquor control license of the establishment shall be
suspended for a period of fourteen days in the same manner as
provided in section 123.50, subsection 3, paragraph "a". If a
person owning or employed by an establishment having a class "B" or
class "C" beer permit issued pursuant to chapter 123 awards a cash
prize in violation of section 99B.10, subsection 1, paragraph
"b", pursuant to rules adopted by the department, the beer permit
of the establishment shall be suspended for a period of fourteen days
in the same manner as provided in section 123.50, subsection 3,
paragraph "a".
3. a. The process for denial, suspension, or revocation of a
registration issued pursuant to section 99B.10 or 99B.10A, shall
commence by delivering to the applicant or registrant by certified
mail, return receipt requested, or by personal service a notice
setting forth the proposed action and the particular reasons for such
action.
b. (1) If a written request for a hearing is not received
within thirty days after the mailing or service of the notice, the
denial, suspension, or revocation of a registration shall become
effective pending a final determination by the department. The
proposed action in the notice may be affirmed, modified, or set aside
by the department in a written decision.
(2) If a request for a hearing is timely received by the
department, the applicant or registrant shall be given an opportunity
for a prompt and fair hearing before the department and the denial,
suspension, or revocation shall be deemed suspended until the
department makes a final determination. However, the director of the
department may suspend a registration prior to a hearing if the
director finds that the public integrity of the registered activity
is compromised or there is a risk to public health, safety, or
welfare. In addition, at any time during or prior to the hearing,
the department may rescind the notice of the denial, suspension, or
revocation upon being satisfied that the reasons for the denial,
suspension, or revocation have been or will be removed. On the basis
of any such hearing, the proposed action in the notice may be
affirmed, modified, or set aside by the department in a written
decision. The procedure governing hearings authorized by this
paragraph shall be in accordance with the rules promulgated by the
department and chapter 17A.
c. A copy of the final decision of the department shall be
sent by certified mail, return receipt requested, or served
personally upon the applicant or registrant. The applicant or
registrant may seek judicial review in accordance with the terms of
the Iowa administrative procedure Act, chapter 17A.
d. If the department finds cause for denial of a registration
issued pursuant to section 99B.10 or 99B.10A, the applicant shall not
reapply for the same registration for a period of two years. If the
department finds cause for a suspension or revocation, the
registration shall be suspended or revoked for a period not to exceed
two years. Section History: Recent Form
2003 Acts, ch 147, §3, 7; 2004 Acts, ch 1118, §5, 11; 2007 Acts,
ch 173, §5--7; 2008 Acts, ch 1032, §14; 2008 Acts, ch 1184, §50
Referred to in § 99B.1, 99B.10D