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Ex. DUT-IA-003 Standing duty Primary source read

Iowa Code § 123.39 (2021), Suspension or revocation of license or permit - civil penalty

Iowa Code 2021, Section 123.39 - Suspension or revocation of license or permit - civil penalty

Iowa General Assembly · Iowa (State)

The COVID Project

The record

Jurisdiction
Iowa
Level
State
Authority
Iowa Code § 123.39 (2021)
Issued
2021-01-01 Jan. 1, 2021
Effective
standing throughout 2020-2021 (read as 2021-01-01)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Alcohol and barsOperating conditionOther
Addressees
  • specified businesses (holders of liquor control licenses and wine and beer permits: bars, restaurants, taverns, wineries, breweries, distilleries, clubs, hotels)
Character
order penalty
Collection
Standing duties: Iowa DUT-IA

Operative words

The administrator or the local authority may suspend a class "A", class "B", class "C", special class "C", class "C" native distilled spirits, or class "E" liquor control license or retail wine or beer permit 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.

Penalty

civil penalty not to exceed $1,000 per violation; suspension up to one year; revocation (§ 123.39(1)(a)).

What it required

Supplies the licensing sanction (civil penalty to $1,000 per violation, suspension to one year, revocation) through which the Alcoholic Beverages Division prosecuted licensees for 'COVID-19 Proclamation Violation' (DUT-IA-014); a criminal conviction is not a prerequisite (§ 123.39(1)(c)).

Retrieval note

The ABD's FY2021 report (DUT-IA-014) records the sanctions program without naming the subsection relied on; contemporaneous reports (KWQC, July 31, 2020; KCRG, Jan. 19, 2021; not saved) describe the schedule as a $1,000 civil penalty for a first violation, a seven-day suspension for a second and revocation for a third, applied by ABD to alcohol licensees and by the Department of Inspections and Appeals to food licensees.