First Regular Session H.B. 2570
PROPOSED
SENATE AMENDMENTS TO H.B. 2570
(Reference to House engrossed bill)
Page 1, line 5, after "limitation" insert "; notices; appeals"
Page 2, line 3, strike "the this" insert "the"
Page 3, line 4, strike "was the"
Line 5, strike "actual cause of" insert "knowingly and through gross negligence caused the"
Between lines 6 and 7, insert:
"L. Before a state agency, city, town or county suspends or permanently revokes, pursuant to subsection K of this section, a license that is required to operate a business, the state agency, city, town or county shall provide the business with both of the following:
1. a written notice of noncompliance delivered by personal service or certified mail.
2. a written notice of intent to suspend or permanently revoke the License at least thirty days after the date of the notice of noncompliance provided pursuant to paragraph 1 of this subsection. The state agency, city, town or county shall present any new evidence of grounds for suspension or revocation in the written notice required by this paragraph. A business that receives a notice pursuant to this paragraph and disputes the claim shall respond to the state agency, city, town or county within twenty days after receiving the notice.
M. Any dispute relating to the suspension or permanent revocation of a license that is required to operate a business shall be resolved by a court of competent jurisdiction in this state. A state agency, city, Town or county may not suspend or permanently revoke a license that is required to operate a business until the business has received both notices prescribed in subsection L of this section and all appeals have been exhausted. The court may award reasonable attorney fees and Damages to a business in an action relating to the suspension or permanent revocation of a license that is required to operate a business."
Page 3, line 10, after "emergency" insert "; notices; appeals"
Page 4, line 42, strike "was the actual cause of" insert "knowingly and through gross negligence caused the"
After line 43, insert:
"I. Before a state agency, city, town or county suspends or permanently revokes, pursuant to subsection H of this section, a license that is required to operate a business, the state agency, city, town or county shall provide the business with both of the following:
1. a written notice of noncompliance delivered by personal service or certified mail.
2. a written notice of intent to suspend or permanently revoke the License at least thirty days after the date of the notice of noncompliance provided pursuant to paragraph 1 of this subsection. The state agency, city, town or county shall present any new evidence of grounds for revocation in the written notice required by this paragraph. A business that receives a notice pursuant to this paragraph and disputes the claim shall respond to the state agency, city, town or county within twenty days after receiving the notice.
J. Any dispute relating to the suspension or permanent revocation of a license that is required to operate a business shall be resolved by a court of competent jurisdiction in this state. A state agency, city, Town or county may not suspend or permanently revoke a license that is required to operate a business until the business has received both notices prescribed in subsection I of this section and all appeals have been exhausted. The court may award reasonable attorney fees and Damages to a business in an action relating to the suspension or permanent revocation of a license that is required to operate a business.
Sec. 3. State of emergency; executive order; violation; department of liquor licenses and control; civil penalty; limit; refund
A. Notwithstanding any other law, the department of liquor licenses and control may not assess or collect a civil penalty of more than $500 for a violation of an executive order issued pursuant to the state of emergency related to COVID-19 that was proclaimed on March 11, 2020.
B. On or before the tenth business day after the effective date of this act, the department shall refund to the payor any amount collected that exceeds the amount allowed pursuant to subsection A of this section."
Amend title to conform