Iowa Code 123.81 – Forfeiture of bond
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Terms Used In Iowa Code 123.81
- Alcoholic liquor: means the varieties of liquor defined in subsections 2 and 49 which contain more than six and twenty-five hundredths percent of alcohol by volume, beverages made as described in subsection 6 which beverages contain more than six and twenty-five hundredths percent of alcohol by volume but which are not wine as defined in subsection 53, high alcoholic content beer as defined in subsection 22, or canned cocktails as defined in subsection 10, and every other liquid or solid, patented or not, containing spirits and every beverage obtained by the process described in subsection 53 containing more than twenty-one and twenty-five hundredths percent of alcohol by volume, and susceptible of being consumed by a human being, for beverage purposes. See Iowa Code 123.3
- Beer: means any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts, or other agricultural products, containing more than one-half of one percent of alcohol by volume but not more than six and twenty-five hundredths percent of alcohol by volume. See Iowa Code 123.3
- premises: means all rooms, enclosures, contiguous areas, or places susceptible of precise description satisfactory to the director where alcoholic beverages, wine, or beer is sold or consumed under authority of a retail alcohol license, wine permit, or beer permit. See Iowa Code 123.3
- property: includes personal and real property. See Iowa Code 4.1
- undertaking: means a promise or security in any form. See Iowa Code 4.1
- Wine: means any beverage containing more than six and twenty-five hundredths percent of alcohol by volume but not more than twenty-one and twenty-five hundredths percent of alcohol by volume obtained by the fermentation of the natural sugar contents of fruits or other agricultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses, or cactus. See Iowa Code 123.3
- year: means twelve consecutive months. See Iowa Code 4.1
If the owner of a property who has filed an abatement bond as provided in this chapter fails to abate the alcoholic liquor, wine, or beer nuisance on the premises covered by the bond, or fails to prevent the maintenance of any alcoholic liquor, wine, or beer nuisance on the premises at any time within a period of one year after entry of the abatement order, the court shall, after a hearing in which such fact is established, direct an entry of the violation of the terms of the owner’s bond to be made on the record and the undertaking of the owner’s bond shall be forfeited.