Iowa lawmakers on Wednesday advanced a bill Davenport officials say will aid cities in shutting down nuisance bars for safety concerns.
Some state lawmakers and Iowa's restaurant and beverage industry contend the bill as written is problematic and unenforceable.
House Study Bill 633 passed out of the Iowa House Public Safety Committee on a 17-3 vote, making it eligible for future floor debate.
The bill would allow cities to bring a case before local district courts to abate public safety nuisances caused by alcohol establishments, rather than having to rely on the Iowa Alcoholic Beverages Division.
Davenport twice tried to deny the now-shuttered Shenanigan’s Irish Pub at 303 W. 3rd St. a liquor license based on its public safety history but was overruled by the ABD, which is responsible for regulating and investigating complaints about alcohol establishments.
Police responded to more than 2,000 calls for service to the establishment over a three-year period, including reports of gunfire and large fights, before the bar shut down in December 2019.
The final straw was a large fight that broke out at the pub during which a gun was fired and a bullet went through the window of Mac’s Tavern, located across the street at 316 W. 3rd St., and narrowly missed a patron.
Yet, the bar was not closed because the state suspended its liquor license but rather because the landlord terminated its lease.
"This volume of calls for service put a strain on public safety resources, often diverting needed resources from other parts of the city to address reoccurring, violent behavior at this particular establishment," both inside and out, said State Rep. Ross Paustian, R-Walcott, who brought the bill forward.
Going through local courts, which typically handle nuisance complaints in all other capacities, will bring parity to the process and, hopefully, swifter resolution, according to Davenport city officials.
"Had this amendment been in place at the time, the city of Davenport and local district courts could have been able to deal with this grave nuisance at a local level to address this violent behavior rapidly as opposed (to) allowing the nuisance to continue for three years," city of Davenport officials wrote in a statement in support of the bill.
House Study Bill 633 would allow city and county attorneys to sue alcohol establishments for creating a serious threat to public safety and seek a temporary injunction before trial.
Licensed food establishments that sell alcohol, such as restaurants, would be exempt -- so long as at least of the business's gross income is derived from food sales.
The bill 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 commits any of the following acts either on the premises or within 500 feet of the premises," including any property contiguous to the business.
The bill originally provided for 1,000 feet of the premises but was amended following concerns from some lawmakers and bar owners that it was unreasonable to hold establishments liable for activity that occurs beyond their property at such a distance.
Acts that would constitute a public safety nuisance include unlawful use of a firearm or offensive weapon, assault with a dangerous weapon or being the scene of a riot on three or more dates within a 12-month period.
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 final resolution of the lawsuit.
"I can't see how legitimately an owner of a bar can supervise patrons that left his bar and are over half a football (field) in length away from his bar," said State Rep. Rick Olson, D-Des Moines, who voted against advancing the bill.
"I don't understand what we think we're going to do and what we're going to require him to do," Olson said. "I think it's unenforceable. I understand that the county and the cities like it. That's it's going to be an arrow in their quiver. But, believe me, it's going to be a very dull arrow."
The Iowa Restaurant Association, which represents Iowa's restaurant and beverage industry, is registered in opposition to the bill.
President and CEO Jessica Dunker said the association would rather lawmakers focus on amending the burden of proof required to revoke a beer, wine or liquor license before the ABD.
"We agree there’s probably something that needs to be done here," Dunker said, but worries the bill as written will deter bars from calling police to respond to unruly patrons for fear they would be "flagged as part of the issue."
"This bill came out of the amount of frustration with cities feeling the appeals process (to revoke an alcohol license through the ABD) wasn’t allowing them to close establishments they feel should be closed, and we as an industry would rather look at how to fix it at the state level before the ABD rather than create a new path to get it done," Dunker said. "We’d like to be given the summer to work with stakeholders ... and come up with something that the state, cities, counties and our members can all support."
Davenport Mayor Mike Matson, after the committee hearing, reiterated the city's position and said the amended bill seeks to address some of lawmakers' and the Iowa Restaurant Association's concerns.
"At the end of the day, it's still just an ask to go to the district court," Matson said. "And I am pleased they are advancing it, and I look forward to it passing."
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Some state lawmakers and Iowa's restaurant and beverage industry contend the bill as written is problematic and unenforceable.
House Study Bill 633 passed out of the Iowa House Public Safety Committee on a 17-3 vote, making it eligible for future floor debate.
The bill would allow cities to bring a case before local district courts to abate public safety nuisances caused by alcohol establishments, rather than having to rely on the Iowa Alcoholic Beverages Division.
Davenport twice tried to deny the now-shuttered Shenanigan’s Irish Pub at 303 W. 3rd St. a liquor license based on its public safety history but was overruled by the ABD, which is responsible for regulating and investigating complaints about alcohol establishments.
Police responded to more than 2,000 calls for service to the establishment over a three-year period, including reports of gunfire and large fights, before the bar shut down in December 2019.
The final straw was a large fight that broke out at the pub during which a gun was fired and a bullet went through the window of Mac’s Tavern, located across the street at 316 W. 3rd St., and narrowly missed a patron.
Yet, the bar was not closed because the state suspended its liquor license but rather because the landlord terminated its lease.
"This volume of calls for service put a strain on public safety resources, often diverting needed resources from other parts of the city to address reoccurring, violent behavior at this particular establishment," both inside and out, said State Rep. Ross Paustian, R-Walcott, who brought the bill forward.
Going through local courts, which typically handle nuisance complaints in all other capacities, will bring parity to the process and, hopefully, swifter resolution, according to Davenport city officials.
"Had this amendment been in place at the time, the city of Davenport and local district courts could have been able to deal with this grave nuisance at a local level to address this violent behavior rapidly as opposed (to) allowing the nuisance to continue for three years," city of Davenport officials wrote in a statement in support of the bill.
House Study Bill 633 would allow city and county attorneys to sue alcohol establishments for creating a serious threat to public safety and seek a temporary injunction before trial.
Licensed food establishments that sell alcohol, such as restaurants, would be exempt -- so long as at least of the business's gross income is derived from food sales.
The bill 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 commits any of the following acts either on the premises or within 500 feet of the premises," including any property contiguous to the business.
The bill originally provided for 1,000 feet of the premises but was amended following concerns from some lawmakers and bar owners that it was unreasonable to hold establishments liable for activity that occurs beyond their property at such a distance.
Acts that would constitute a public safety nuisance include unlawful use of a firearm or offensive weapon, assault with a dangerous weapon or being the scene of a riot on three or more dates within a 12-month period.
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 final resolution of the lawsuit.
"I can't see how legitimately an owner of a bar can supervise patrons that left his bar and are over half a football (field) in length away from his bar," said State Rep. Rick Olson, D-Des Moines, who voted against advancing the bill.
"I don't understand what we think we're going to do and what we're going to require him to do," Olson said. "I think it's unenforceable. I understand that the county and the cities like it. That's it's going to be an arrow in their quiver. But, believe me, it's going to be a very dull arrow."
The Iowa Restaurant Association, which represents Iowa's restaurant and beverage industry, is registered in opposition to the bill.
President and CEO Jessica Dunker said the association would rather lawmakers focus on amending the burden of proof required to revoke a beer, wine or liquor license before the ABD.
"We agree there’s probably something that needs to be done here," Dunker said, but worries the bill as written will deter bars from calling police to respond to unruly patrons for fear they would be "flagged as part of the issue."
"This bill came out of the amount of frustration with cities feeling the appeals process (to revoke an alcohol license through the ABD) wasn’t allowing them to close establishments they feel should be closed, and we as an industry would rather look at how to fix it at the state level before the ABD rather than create a new path to get it done," Dunker said. "We’d like to be given the summer to work with stakeholders ... and come up with something that the state, cities, counties and our members can all support."
Davenport Mayor Mike Matson, after the committee hearing, reiterated the city's position and said the amended bill seeks to address some of lawmakers' and the Iowa Restaurant Association's concerns.
"At the end of the day, it's still just an ask to go to the district court," Matson said. "And I am pleased they are advancing it, and I look forward to it passing."
Iowa House committee advances nuisance bar bill pushed by city of Davenport
Iowa lawmakers on Wednesday advanced a bill Davenport officials say will aid cities in shutting down nuisance bars for safety concerns.
