Bill Text: IA HF2531 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to public safety nuisances at adult establishments that provide nude or topless dancing or operate any other adult-oriented business, and making penalties applicable. (Formerly HF 2334.) Effective date: 07/01/2024
Spectrum: Committee Bill
Status: (Enrolled) 2024-05-01 - Fiscal note. [HF2531 Detail]
Download: Iowa-2023-HF2531-Enrolled.html
House
File
2531
-
Enrolled
House
File
2531
AN
ACT
RELATING
TO
PUBLIC
SAFETY
NUISANCES
AT
ADULT
ESTABLISHMENTS
THAT
PROVIDE
NUDE
OR
TOPLESS
DANCING
OR
OPERATE
ANY
OTHER
ADULT-ORIENTED
BUSINESS,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
657.12
Adult
establishments.
1.
As
used
in
this
section,
“adult
establishment”
means
any
business
that
provides
nude
or
topless
dancing
or
operates
any
other
adult-oriented
business.
2.
A
public
safety
nuisance
exists
when
it
is
established
by
clear
and
convincing
evidence
that
an
owner,
manager,
employee,
contemporaneous
patron,
or
guest
of
an
adult
establishment
commits
any
of
the
following
acts
either
on
the
premises
or
in
House
File
2531,
p.
2
any
parking
lots
or
areas,
including
but
not
limited
to
public
rights
of
way,
adjacent
to
the
premises:
a.
Unlawfully
discharges
a
firearm
or
uses
an
offensive
weapon,
as
defined
in
section
724.1,
regardless
of
whether
it
inflicts
injury
or
death.
b.
Assaults
another
person
with
a
dangerous
weapon
as
defined
in
section
702.7
resulting
in
injury
or
death.
c.
Engages
in
a
riot
as
defined
in
section
723.1
on
three
or
more
dates
within
a
twelve-month
period
to
which
the
police
respond
and
disperse
a
crowd.
The
participants
need
not
be
the
same
persons
for
each
incident.
3.
When
the
county
attorney
or
city
attorney
for
the
county
or
city
where
the
premises
is
located
believes
a
serious
threat
to
the
public
safety
exists,
the
county
attorney,
city
attorney,
or
any
other
attorney
on
behalf
of
the
county
attorney
or
city
attorney
may
file
a
suit
in
equity
in
the
district
court
without
bond
seeking
abatement
of
the
public
safety
nuisance
arising
from
an
adult
establishment.
4.
a.
Upon
filing
a
suit
pursuant
to
subsection
3,
the
petitioner
may
seek
a
temporary
injunction.
As
part
of
any
temporary
injunction
issued,
and
upon
a
showing
of
reasonable
cause
that
a
public
safety
nuisance
exists,
the
court
shall
limit
the
business
hours
of
the
adult
establishment
to
be
between
the
hours
of
12:00
p.m.
and
10:00
p.m.
and
prohibit
the
consumption
of
alcoholic
beverages
on
the
property.
b.
This
subsection
shall
not
be
construed
to
prohibit
the
court
from
ordering
any
other
restrictions
that
the
court
deems
appropriate
including
complete
closure
during
the
pendency
of
the
action.
5.
Upon
finding
a
public
safety
nuisance
exists,
after
trial,
the
court
may
enter
judgment
declaring
the
existence
of
the
nuisance
and
ordering
such
remedial
action
to
abate
the
nuisance
as
the
court
determines
reasonable.
The
abatement
order
may
take
the
form
of
an
injunction.
The
duration
of
such
abatement
order
may
be
up
to
two
years.
Remedial
action
may
include
but
is
not
limited
to
temporary
or
complete
closure,
change
in
business
practice
or
operation,
or
posting
of
a
bond.
If
a
bond
is
ordered
and
posted,
the
bond
shall
be
subject
House
File
2531,
p.
3
to
forfeiture,
in
whole
or
in
part,
for
any
further
actions
contrary
to
the
abatement
order.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2531,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
