HSB 633

_____ 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 or within 1,000 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 provides that a public safety nuisance action shall be given priority over other business pending before the district court and the trial shall begin within days after the filing of the action. 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 a licensed premises that is also licensed as a food establishment from the provision of the bill.