Relating to public safety nuisances concerning licensed premises where alcoholic beverages, wine, or beer is sold or consumed

This bill establishes the requirements for establishing and abating a public safety nuisance under Code chapter 123.56 provides that a public safety nuisance exists when it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron, or guest of the licensed premises unlawfully discharges a firearm or uses an offensive weapon, assaults another person with a dangerous weapon, or engages in a riot on at least three separate days within any 12-month period, on the premises, on any property contiguous to the premises, or within 500 feet of the premises. The bill provides that if the county attorney or city attorney where the licensed premises is located believes a public safety nuisance exists, the county attorney or city attorney, or attorney acting at the direction of the county attorney or city attorney, may file a suit in equity in district court without bond seeking abatement of the public safety nuisance. The bill then describes evidence that may be considered in an action seeking abatement of the public safety nuisance. The bill provides that if the district court finds that a public safety nuisance exists, the court may enter judgment declaring the existence of the nuisance and order such remedial action as the court determines reasonable to abate the nuisance. The bill describes appropriate remedial action that may be taken by the district court. Finally, the bill excludes from the provisions of the bill a licensed premises that is also a food establishment where at least half of the establishment’s gross income is derived from food-related sales.