New bar owner requirement eyed

 DES MOINES - Bar owners could face disciplinary action against their state liquor licenses for knowing but failing to report to police criminal activity in areas next to their businesses under a proposed law change.

Similar bills in the House and Senate would extend the prohibition for criminal activity on licensed premises to adjacent parking lots and areas that are used by patrons of state-regulated establishments.

Sen. Matt McCoy, D-Des Moines, said the measure, which cleared the Senate Commerce Committee Tuesday, is intended to curb situations where prostitution, drug dealing or other illegal activities may be occurring outside a bar. It also was designed to halt bar owners from forcing "overserved" or brawling customers off premise to avoid liability or on-premise fights.

"If you knowingly understand criminal activity is taking place, you have a duty to report that as a license holder," McCoy said. "It's going to be used selectively and judiciously."

However, Sen. David Hartsuch, R-Bettendorf, said the proposed wording was "rather broad and nebulous" and appeared to impose a responsibility on bar owners exceeding what is required of other businesses.

"I think this greatly expands the duty to report beyond what we expect from our citizens," he said.

McCoy cited situations that occurred in Ames, Waukee and a Des Moines suburb where a person was killed in a parking lot next door to a bar – prompting law enforcement officials to seek the legislative change.

"I understand the target, I just don't think you're hitting it here," said Sen. Steve Kettering, R-Lake View.

Sen. Pat Ward, R-West Des Moines, said she was concerned the proposal might carry unintended consequences.

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