Current through Register Vol. 46, No. 19, March 20, 2024
All applicants for licenses, permits, or certificates of
compliance shall comply with the following requirements, where applicable,
prior to receiving a license, permit, or certificate of compliance.
(1)
Cleanliness of premises.
The interior and exterior of the licensed premises shall be kept clean, free of
litter or rubbish, painted and in good repair. Licensees and permittees shall
at all times keep and maintain their respective premises in compliance with the
laws, orders, ordinances and rules of the state, county and city health and
fire departments, and the Iowa department of inspections and appeals.
(2)
Toilet facilities. All
licensees and permittees who mix, serve, or sell alcoholic beverages for
consumption on the licensed premises shall provide for their patrons adequate,
conveniently located indoor or outdoor toilet facilities. Compliance with
county, city, and department of inspections and appeals' rules and regulations
regarding toilet facilities, including any waivers granted by those
authorities, shall constitute compliance with this rule. Outdoor toilet
facilities shall be approved by the department of inspections and appeals and
the local approving authority where the licensed premises is located.
(3)
Water. All licensed
premises shall be equipped with hot and cold running water from a source
approved by an authorized health department.
(4)
Financial standing and
reputation. A local authority or the administrator may consider an
applicant's financial standing and good reputation in addition to the other
requirements and conditions for obtaining a license, permit, or certificate of
compliance, and the local authority or the administrator shall disapprove or
deny an application for a license, permit, or certificate of compliance if the
applicant fails to demonstrate that the applicant complies with the lawful
requirements and conditions for holding the license, permit, or certificate of
compliance.
a. In evaluating an applicant's
"financial standing," the local authority or the administrator may consider
such factors as, but not limited to, the following:
(1) Verified source(s) of financial support
and adequate operating capital for the applicant's proposed
establishment.
(2) A record of
timely submission of all required federal, state, or local tax returns or forms
and prompt payment of all taxes due.
(3) A record of prompt payment to the local
authority of fees or charges made by a local authority for municipal utilities
or other municipal services incurred in conjunction with the proposed
establishment.
(4) A record of
prompt payment or satisfaction of administrative penalties imposed pursuant to
Iowa Code chapter 123.
(5) A record
of maintaining, and providing prompt payment for, dramshop liability insurance
coverage as required pursuant to Iowa Code chapter 123.
(6) A record of prompt payment for license,
permit, or certificate fees.
(7) A
record of prompt payment for alcoholic liquor orders placed with the
division.
b. In
evaluating an applicant's "good reputation," the local authority or the
administrator may consider such factors as, but not limited to, the following:
(1) A pattern or practice of sales of
alcoholic beverages to persons under the legal age for which the licensee or
permittee, or the licensee's or permittee's agents or employees, have pled or
have been found guilty.
(2) A
pattern or practice by the licensee or permittee, or the licensee's or
permittee's agents or employees, of violating alcoholic beverages laws and
regulations for which corrective action has been taken since the previous
license or permit was issued.
(3)
Sales to intoxicated persons.
(4)
Licensee or permittee convictions for violations of laws relating to operating
a motor vehicle while under the influence of drugs or alcohol and the recency
of such convictions.
(5) Licensee
or permittee misdemeanor convictions and the recency of such
convictions.
(6) A pattern or
practice by the licensee or permittee, or the licensee's or permittee's agents
or employees, of failing to cooperate with the department of public safety, the
division, the county attorney, the county sheriff and sheriff's deputies, the
city police department, or the city attorney.
(7) A pattern or practice by the licensee or
permittee of violating local ordinances established by the local authority
pursuant to Iowa Code section
123.39(2).
(8) A pattern or practice by the licensee of
failing to report any change in the ownership or interest of the business
pursuant to Iowa Code section
123.39(1)
"b" (3).
This rule is intended to implement Iowa Code sections
123.3(40) and
123.10(11).
