99B.14 - LICENSE DENIAL, SUSPENSION, AND REVOCATION.
99B.14 LICENSE DENIAL, SUSPENSION, AND REVOCATION.
1. The department may deny, suspend, or revoke a license if the
department finds that an applicant, licensee, or an agent of the
licensee violated or permitted a violation of a provision of this
chapter 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 license, or upon
the conviction of a person of a violation of this chapter or a rule
adopted under this chapter which occurred on the licensed premises.
However, the denial, suspension, or revocation of one type of
gambling license does not require, but may result in, the denial,
suspension, or revocation of a different type of gambling license
held by the same licensee. In addition, a person whose license is
revoked under this section who is a person for which a class "A",
class "B", 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". In
addition, a person whose license is revoked under this section 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".
2. The process for denial, suspension, or revocation of a license
shall commence by delivering to the applicant or licensee by
certified mail, return receipt requested, or by personal service a
notice setting forth the particular reasons for such action.
a. 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 license shall become effective pending
a final determination by the department. The determination involved
in the notice may be affirmed, modified, or set aside by the
department in a written decision.
b. If a request for a hearing is timely received by the
department, the applicant or licensee 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 may
suspend a license prior to a hearing if the director finds that the
public integrity of the licensed 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
determination involved in the notice may be affirmed, modified, or
set aside by the department in a written decision.
3. 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 licensee. The applicant or licensee may seek
judicial review in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A.
4. The procedure governing hearings authorized by this section
shall be in accordance with the rules promulgated by the department
and chapter 17A.
5. If the department finds cause for denial of a license, the
applicant may not reapply for the same license for a period of two
years. If the department finds cause for suspension, the license
shall be suspended for a period determined by the department. If the
department finds cause for revocation, the license shall be revoked
for a period not to exceed two years. Section History: Early Form
[C77, 79, 81, § 99B.14] Section History: Recent Form
84 Acts, ch 1220, § 12; 86 Acts, ch 1201, § 11; 89 Acts, ch 231,
§26; 2005 Acts, ch 106, §10; 2008 Acts, ch 1184, §51