Title III, PUBLIC SERVICES AND REGULATION (Ch. 80 - 122C)

If the court is of the opinion that the action ought not to be dismissed, the court may direct the county attorney to prosecute said action to judgment at the expense of the county, and if the action is continued beyond the first trial calendar to which assigned, any citizen of t…

If the action is brought by a citizen or a corporation and the court finds there were no reasonable grounds or cause for said action, the costs may be taxed to such citizen or corporation. [SS15, §4944-h3; C24, 27, 31, 35, 39, § 1603; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, …

In case of the violation of any injunction granted under the provisions of this chapter , or of a restraining order or the commission of any contempt of court in proceedings under this chapter , the court may summarily try and punish the offender. [SS15, §4944-h4; C24, 27, 31, 35…

The proceedings shall be commenced by filing with the clerk of the court a complaint under oath, setting out and alleging facts constituting such violation, upon which the court shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon…

1. A person who erects, establishes, continues, maintains, uses, owns, or leases any building, erection, or place used for the purpose of prostitution or gambling, except as authorized under the laws of this state is guilty of a nuisance. The building, erection, or place, or the …

When a nuisance is kept, maintained, or exists, as defined in this chapter , the county attorney, or any citizen of the county, or any society, association, or body incorporated under the laws of this state, may maintain an action in equity in the name of the state of Iowa, upon …

A party found guilty of contempt under the provisions of this chapter shall be punished by a fine of not less than two hundred nor more than one thousand dollars or by imprisonment in the county jail not less than three nor more than six months or by both fine and imprisonment. […

If the existence of the nuisance be admitted or established in an action as provided in this chapter , or in a criminal proceeding in the district court, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the bu…

For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as the officer would for levying upon and selling like property, on execution, and for closing the premises and keeping them closed a reasonable sum shall be allowed b…

If any person shall break and enter or use a building, erection, or place so directed to be closed, the person shall be punished as for contempt as provided in this chapter . [SS15, §4944-h5; C24, 27, 31, 35, 39, § 1609; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §99.23 ] P…

In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, it shall be the duty of the county attorney to proceed promptly under this chapter to enforce the provisions and penalties thereof; and the finding of the …

All moneys collected under this chapter shall be paid to the county treasurer. The proceeds of the sale of the personal property as provided in section 99.21 shall be applied in payment of the costs of the action and abatement or so much of such proceeds as may be necessary, exce…

If the owner of the premises in which said nuisance has been maintained appears and pays all costs of the proceeding, and files a bond with sureties to be approved by the court in the full value of the property, to be ascertained by the court, conditioned that the owner will imme…

When a permanent injunction issues against any person for maintaining a nuisance as defined in section 99.1A , or against any owner or agent of the building kept or used for the purpose prohibited by this chapter , there shall be imposed upon said building and the ground upon whi…

The clerk of said court shall make and certify a return of the imposition of the mulct tax forthwith to the county auditor, who shall enter the same as a tax upon the property, and against the persons upon which or whom the lien was imposed, as and when the other taxes are entere…

The provisions of the law relating to the collection of taxes in this state, the delinquency thereof, and sale of property for taxes shall govern in the collection of the mulct tax prescribed in this chapter insofar as those provisions are applicable. [SS15, §4944-h8; C24, 27, 31…

The defendants shall be served with notice as in other actions and in such action the court, or judge in vacation, shall upon the presentation of a petition therefor alleging that the nuisance complained of exists, allow a temporary writ of injunction without bond, if the existen…

The mulct tax collected shall be applied toward the deficiency in the payment of costs of the action and abatement which exist after the application of the proceeds of the sale of personal property. The remainder of the tax together with the unexpended portion of the proceeds of …

When such nuisance has been found to exist under any proceeding in the district court or as in this chapter provided, and the owner or agent of such building or ground whereon the nuisance has been found to exist was not a party to such proceeding, nor appeared therein, the mulct…

The person in whose name the real estate affected by the action stands on the books of the county auditor, for the purposes of taxation, shall be presumed to be the owner thereof, and in case of unknown persons having or claiming any ownership, right, title, or interest in proper…

Any person having or claiming such ownership, right, title, or interest, and any owner or agent in behalf of the agent and such owner may make, serve, and file an answer therein within twenty days after such service, and have trial of the person’s rights in the premises by the co…

If a temporary injunction is petitioned for, the court, on the application of plaintiff, may issue an ex parte restraining order, restraining the defendants and all other persons from removing or in any manner interfering with the furniture, fixtures, musical instruments, and mov…

The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said property or residing in the premises or apartment wherein the same is situated, or by posting a copy thereof in a conspicuous place at or upon one or more of the p…

The officer serving such restraining order shall forthwith make and return into court an inventory of the personal property situated in and used in conducting or maintaining such nuisance. [SS15, §4944-h2; C24, 27, 31, 35, 39, § 1594; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, …

Where such order is so posted, mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains thereon or therein a notice to that effect. [SS15, §4944-h2; C24, 27, 31, 35, 39, § 1595; C46, 50, 54, 58, 62, 66, 71, …

For the purpose of this chapter , the words, terms, and phrases defined in this section shall have the meanings given them. 1. “Gambling devices” means gambling devices as defined in section 725.9 . 2. “Issuing authority” and “authority issuing the license” mean and include the o…

A person may manufacture or act as a distributor for gambling devices for sale out of the state in another jurisdiction where possession of the device is legal or for sale in the state or use in the state if the use is permitted pursuant to either chapter 99B or chapter 99G . 85 …

1. The intentional possession or willful keeping of a gambling device upon any licensed premises, except as provided in this chapter , is cause for the revocation of any license upon the premises where the gambling device is found. Possession by an employee of the licensee on the…

The proceedings for revocation shall be had before the issuing authority, which shall have power to revoke the license or licenses involved, as hereinafter provided. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §99A.3 ]

Every sheriff, deputy sheriff, constable, marshal, policeman, police officer, and peace officer shall immediately report the finding of gambling devices at licensed premises to the authority or authorities issuing the license or licenses applicable to the premises in question. [C…

Upon the receipt of such information from any of the peace officers referred to in section 99A.4 , if any issuing authority is of the opinion that cause exists for the revocation of any such license, then that authority shall issue an order to show cause directed to the licensee …

1. If, upon the hearing of the order to show cause, the issuing authority finds that the licensee intentionally possessed or willfully kept upon the licensee’s licensed premises any gambling device, then the license or licenses under which the licensed business is operated, or us…

The attorney general shall attend the hearing, interrogate the witnesses, and advise the issuing authority. The attorney general shall also appear for the issuing authority in any certiorari proceeding taken pursuant to section 99A.6 . [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §9…

The issuing authority may issue subpoenas and compel the attendance of witnesses at any hearing. Witnesses duly subpoenaed and attending any such hearing shall be paid fees and mileage by the issuing authority equal to the fees and mileage paid witnesses in the district court. [C…

When the license is revoked under the provisions of this chapter , subject to the provisions of section 99A.6 , the owner of the premises upon which any licensed business has been operated shall not be penalized by reason thereof unless it is established that the owner had knowle…

As used in this chapter , unless the context otherwise requires: 1. “Amusement concession” means a game of skill or game of chance with an instant win possibility where, if the participant completes a task, the participant wins a prize. “Amusement concession” includes but is not …

As used in this subchapter and subchapter III , unless the context otherwise requires: 1. “Electronic bingo equipment” means an electronic device that assists an individual with a disability in the use of a bingo card during a bingo game. 2. “Large raffle” means a raffle where th…

1. General provisions. a. A qualified organization shall submit an application for a license, along with any required fees, to the department at least thirty days in advance of the beginning of the gambling activity, including the sale of entries or promotion of the sale of entri…

A qualified organization licensed pursuant to section 99B.12 shall, as a condition of licensure under section 99B.12 , comply with the requirements of this section . 1. Authorized gambling activities — display of license. A licensed qualified organization may only conduct gamblin…

1. A licensed qualified organization shall certify that the receipts from all charitable gambling conducted by the organization under this chapter , less reasonable expenses, charges, fees, taxes, and deductions, either will be distributed as prizes to participants or will be ded…

1. Unless otherwise provided, a prize awarded by a licensed qualified organization shall comply with the following requirements: a. Only merchandise prizes whose value does not exceed ten thousand dollars may be awarded for games of skill and games of chance. If a prize consists …

1. A qualified organization licensed pursuant to section 99B.12 , unless otherwise provided, shall maintain proper books of account and records showing, in addition to any other information required by the department, the following: a. Gross receipts and the amount of the gross r…

The department may adopt rules pursuant to chapter 17A to carry out the provisions of this chapter . Rules adopted by the department may include but are not limited to the following: 1. Descriptions of books, records and accounting required. 2. Requirements for qualified organiza…

A licensed qualified organization shall comply with the requirements of this section for the purposes of conducting bingo at a bingo occasion. 1. Operational requirements. a. A bingo occasion shall not last for longer than four consecutive hours. b. Only one licensed qualified or…

1. For purposes of this section : a. “Community festival” means a festival of no more than six consecutive days in length held by a community group. b. “Community group” means an Iowa nonprofit, tax-exempt organization which is open to the general public and established for the p…

A person shall be authorized to conduct a bingo occasion without a license as otherwise required by this chapter if all of the following requirements are met: 1. Participants in the bingo occasion are not charged to enter the premises where bingo is conducted. 2. Participants in …