123.39 - SUSPENSION OR REVOCATION OF LICENSE OR PERMIT -- CIVIL PENALTY.
123.39 SUSPENSION OR REVOCATION OF LICENSE OR PERMIT
-- CIVIL PENALTY.
1. a. The administrator or the local authority may suspend a
license or permit issued pursuant to this chapter for a period not to
exceed one year, revoke the license or permit, or impose a civil
penalty not to exceed one thousand dollars per violation. Before
suspension, revocation, or imposition of a civil penalty, the license
or permit holder shall be given written notice and an opportunity for
a hearing. The administrator may appoint a member of the division or
may request an administrative law judge from the department of
inspections and appeals to conduct the hearing and issue a proposed
decision. Upon the motion of a party to the hearing or upon the
administrator's own motion, the administrator may review the proposed
decision in accordance with chapter 17A. Upon review of the proposed
decision, the administrator may affirm, reverse, or modify the
proposed decision. A licensee or permittee aggrieved by a decision
of the administrator may seek judicial review of the administrator's
decision in accordance with chapter 17A.
b. A license or permit issued under this chapter may be
suspended or revoked, or a civil penalty may be imposed on the
license or permit holder by the local authority or the administrator
for any of the following causes:
(1) Misrepresentation of any material fact in the application for
the license or permit.
(2) Violation of any of the provisions of this chapter.
(3) Any change in the ownership or interest in the business
operated under a class "A", class "B", or class "C" liquor control
license, or any wine or beer permit, which change was not previously
reported to and approved by the local authority and the division.
(4) An event which would have resulted in disqualification from
receiving the license or permit when originally issued.
(5) Any sale, hypothecation, or transfer of the license or
permit.
(6) The failure or refusal on the part of any licensee or
permittee to render any report or remit any taxes to the division
under this chapter when due.
c. A criminal conviction is not a prerequisite to suspension,
revocation, or imposition of a civil penalty pursuant to this
section. A local authority which acts pursuant to this section or
section 123.32 shall notify the division in writing of the action
taken, and shall notify the licensee or permit holder of the right to
appeal a suspension, revocation, or imposition of a civil penalty to
the division. Civil penalties imposed and collected by the local
authority under this section shall be retained by the local
authority. Civil penalties imposed and collected by the division
under this section shall be retained by the division.
2. Local authorities may suspend any retail wine or beer permit
or liquor control license for a violation of any ordinance or
regulation adopted by the local authority. Local authorities may
adopt ordinances or regulations for the location of the premises of
retail wine or beer and liquor control licensed establishments and
local authorities may adopt ordinances, not in conflict with this
chapter and that do not diminish the hours during which beer, wine,
or alcoholic beverages may be sold or consumed at retail, governing
any other activities or matters which may affect the retail sale and
consumption of beer, wine, and alcoholic liquor and the health,
welfare and morals of the community involved.
3. When a liquor license or wine or beer permit is suspended
after a hearing as a result of violations of this chapter by the
licensee, permittee or the licensee's or permittee's agents or
employees, the premises which were licensed by the license or permit
shall not be relicensed for a new applicant until the suspension has
terminated or time of suspension has elapsed, or ninety days have
elapsed since the commencement of the suspension, whichever occurs
first. However, this section does not prohibit the premises from
being relicensed to a new applicant before the suspension has
terminated or before the time of suspension has elapsed or before
ninety days have elapsed from the commencement of the suspension, if
the premises prior to the time of the suspension had been purchased
under contract, and the vendor under that contract had exercised the
person's rights under chapter 656 and sold the property to a
different person who is not related to the previous licensee or
permittee by marriage or within the third degree of consanguinity or
affinity and if the previous licensee or permittee does not have a
financial interest in the business of the new applicant.
4. If the cause for suspension is a first offense violation of
section 123.49, subsection 2, paragraph "h", the administrator or
local authority shall impose a civil penalty in the amount of five
hundred dollars in lieu of suspension of the license or permit.
Local authorities shall retain civil penalties collected under this
paragraph if the proceeding to impose the penalty is conducted by the
local authority. The division shall retain civil penalties collected
under this paragraph if the proceeding to impose the penalty is
conducted by the administrator of the division. Section History: Early Form
[C35, § 1921-f32, 1921-f126; C39, § 1921.032, 1921.129; C46,
50, 54, 58, 62, § 123.32, 124.34; C66, 71, § 123.32, 123.102, 124.34;
C73, 75, 77, 79, 81, § 123.39] Section History: Recent Form
85 Acts, ch 32, §32; 88 Acts, ch 1241, § 12; 93 Acts, ch 91, § 16,
17; 94 Acts, ch 1017, §2; 2000 Acts, ch 1154, §12; 2002 Acts, ch
1119, §128
Referred to in § 123.24, 123.50