) ) ) ) ) ) ) STATEMENT OF FACTS
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1 Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: The Bandits LLC d/b/a El Banditos 327 E. Market St. Iowa City, Iowa License/Permit No. LC Docket No. O R D E R D This Order requires the Licensee, The Bandits LLC, d/b/a El Banditos, to pay to the Iowa Alcoholic Beverages Division a civil penalty of one thousand five hundred dollars ($1,500.00, and to serve a thirty (30 day suspension, subject to the appeal rights stated below. This Order is issued pursuant to Iowa Code (3 which mandates that the Division Administrator assess specified civil penalties upon licensees who, either themselves or through their agent or employees, have been found in violation of Iowa Code (2(h (underage sales. STATEMENT OF FACTS 1. The Bandits LLC, d/b/a El Banditos, 327 E. Market St., Iowa City, Iowa, (Licensee possesses License/Permit No. LC , and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On May 13, 2014, in criminal case number STA in Magistrate s Court for Johnson County, Iowa, the defendant, Ashlee Peavler, pled guilty to, or was found guilty of, violating Iowa Code (2(h by selling, giving or otherwise supplying an alcoholic beverage to a person knowing or failing to exercise reasonable care to ascertain whether the person was under legal age. The violation occurred on or about April 25, 2014, in the above-captioned licensed establishment in Iowa City, Iowa. 3. The Defendant, in criminal case number STA , was an employee of the abovecaptioned Licensee on April 25, The Defendant, in criminal case number STA , was adjudged guilty of violating Iowa Code (2(h and was fined Five Hundred Dollars ($500.00, plus court costs and a surcharge. See attached Exhibit A. 5. Records maintained by the Division indicate that the above-captioned Licensee, or an agent or employee of the Licensee, was previously found to have violated Iowa Code (2(h on March 2, See Attached Exhibit B. Thus, the violation found in criminal case number STA is the second violation of Iowa Code (2(h found against the above-captioned Licensee, its agents or employees within a period of two years preceding the date of the pending violation.
2 CONCLUSIONS OF LAW 6. If a licensee or an employee of that licensee is found in violation of Iowa Code (2(h, the Division shall assess a mandatory civil penalty against the licensee. See Iowa Code Upon a second violation of (2(h, within a period of two years, the Division shall assess a thirty (30 day suspension and a civil penalty in the amount of one thousand five hundred dollars against the violating licensee. See Iowa Code (3(b. 7. The Licensee is subject to the civil penalty and license suspension provisions of Iowa Code (3 because the Licensee, or an employee of the Licensee, was found in violation of Iowa Code (2(h. ORDER 8. Pursuant to Iowa Code , a thirty (30 day suspension of the above-mentioned license and a civil penalty of one thousand five hundred dollars ($1, is hereby assessed against The Bandits LLC, d/b/a El Banditos, Iowa City, Iowa. The suspension shall commence at 6:00 AM on Wednesday, October 1, 2014, and end at 6:00 AM on Friday, October 31, The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than July 31, 2014, unless an appeal of this Order is brought as provided below. 9. Absent a timely appeal of this Order, failure to pay the assessed civil penalty by the required date shall be grounds for further suspension of your license. See Iowa Code APPEAL 10. Pursuant to Iowa Code 17A.18 and 185 Iowa Administrative Code 10.27, the Licensee may file a written Notice of Appeal with the Iowa Alcoholic Beverages Division within 30 days after issuance of this Order. The written Notice of Appeal should be sent to the Administrator of the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, and shall identify the specific portion or portions of this Order being appealed and include a short plain statement of the reasons for appeal. See 185 IAC 10.27(3. Upon receipt of a timely Notice of Appeal, the Division shall stay all sanctions imposed by this Order and commence a contested case hearing pursuant to Iowa Code chapter 17A and 185 Iowa Administrative Code chapter This order shall become the final order of the Iowa Alcoholic Beverages Division if the Licensee does not file an appeal within the timeframe provided. DATED this 1st day of July, 2014, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator
3 Witnesses: Officer Fink Iowa City Police Department 410 East Washington Street Iowa City, Iowa Copies to: John Lundquist Assistant Attorney General Department of Justice Hoover State Office Building Des Moines, Iowa Steve E. Bogle Iowa Lottery 2323 Grand Avenue Des Moines, Iowa Steven Mandernach Social Gaming Unit Lucas State Office Bldg. Des Moines, Iowa Chief Sam Hargadine Iowa City Police Department 410 E Washington Street Iowa City, Iowa City Clerk 410 E Washington St Iowa City, Iowa Derek Perez The Bandits LLC d/b/a/ El Banditos 327 E. Market St. Iowa City, Iowa Lt. Randall Jones ISP, District # th Avenue SW Cedar Rapids, Iowa 52404
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7 Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: The Bandits LLC d/b/a El Banditos 327 E. Market St. Iowa City, Iowa License/Permit No. LC Docket No. O R D E R D This Order requires the Licensee, The Bandits LLC, d/b/a El Banditos, to pay to the Iowa Alcoholic Beverages Division a civil penalty of five hundred dollars ($500.00, subject to the appeal rights stated below. This Order is issued pursuant to Iowa Code which mandates that the Division Administrator assess specified civil penalties upon licensees who, either themselves or through their agent or employees, have been found in violation of Iowa Code (2(h (underage sales. STATEMENT OF FACTS 1. The Bandits LLC, d/b/a El Banditos, 327 E. Market St., Iowa City, Iowa, (Licensee possesses License/Permit No. LC , and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On March 26, 2013, in criminal case number STA in Magistrate s Court for Johnson County, Iowa, the defendant, Skye Weest Carrasco, pled guilty to, or was found guilty of, violating Iowa Code (2(h by selling, giving or otherwise supplying an alcoholic beverage to a person knowing or failing to exercise reasonable care to ascertain whether the person was under legal age. The violation occurred on or about March 2, 2013, in the abovecaptioned licensed establishment in Iowa City, Iowa. 3. The Defendant, in criminal case number STA , was an employee of the abovecaptioned Licensee on March 2, The Defendant, in criminal case number STA , was adjudged guilty of violating Iowa Code (2(h and was fined Five Hundred Dollars ($500.00, plus court costs and a surcharge. See attached Exhibit A. 5. Records maintained by the Division indicate that the violation found in criminal case number STA constitutes the first violation of Iowa Code (2(h found against the above-captioned Licensee, its agents or employees within a period of two years preceding the date of violation.
8 CONCLUSIONS OF LAW 6. If a licensee or an employee of that licensee is found in violation of Iowa Code (2(h, the Division shall assess a mandatory civil penalty against the licensee. See Iowa Code Upon a first violation of (2(h, the Division shall assess a civil penalty in the amount of five hundred dollars against the violating licensee. See Iowa Code (3. 7. The Licensee is subject to the civil penalty provisions of Iowa Code (3 because the Licensee, or an employee of the Licensee, was found in violation of Iowa Code (2(h. ORDER 8. Pursuant to Iowa Code , a civil penalty of five hundred dollars ($ is hereby assessed against The Bandits LLC, d/b/a El Banditos, Iowa City, Iowa. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than June 9, 2013, unless an appeal of this Order is brought as provided below. 9. Absent a timely appeal of this Order, failure to pay the assessed civil penalty by the required date shall be grounds for the imposition of a fourteen (14 day suspension of your license. See Iowa Code APPEAL 10. Pursuant to Iowa Code 17A.18 and 185 Iowa Administrative Code 10.27, the Licensee may file a written Notice of Appeal with the Iowa Alcoholic Beverages Division within 30 days after issuance of this Order. The written Notice of Appeal should be sent to the Administrator of the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, and shall identify the specific portion or portions of this Order being appealed and include a short plain statement of the reasons for appeal. See 185 IAC 10.27(3. Upon receipt of a timely Notice of Appeal, the Division shall commence a contested case hearing pursuant to Iowa Code chapter 17A and 185 Iowa Administrative Code chapter This order shall become the final order of the Iowa Alcoholic Beverages Division if the Licensee does not file an appeal within the timeframe provided. DATED this 10th day of May, 2013, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator
9 Witnesses: Officer Adam Schmerbach Iowa City Police Department 410 E. Washington Street Iowa City, Iowa Copies to: John Lundquist Assistant Attorney General Department of Justice Hoover State Office Building Des Moines, Iowa Steve E. Bogle Iowa Lottery 2323 Grand Avenue Des Moines, Iowa Steven Mandernach Social Gaming Unit Lucas State Office Bldg. Des Moines, Iowa Chief Sam Hargadine Iowa City Police Department 410 E Washington Street Iowa City, Iowa City Clerk 410 E Washington St Iowa City, Iowa Derek Perez The Bandits LLC d/b/a/ El Banditos 327 E. Market St. Iowa City, Iowa Lt. Randall Jones ISP, District # th Avenue SW Cedar Rapids, Iowa 52404
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13 NOTICE OF SUSPENSION LIQUOR LICENSE LC The Iowa Alcoholic Beverages Division hereby gives notice that the above-stated liquor control license issued to: The Bandits, LLC d/b/a El Banditos 327 E. Market St. Iowa City, Iowa is suspended for thirty (30 consecutive days, beginning 6:00 AM, Wednesday, October 1, 2014, and ending at 6:00 AM, Friday, October 31, 2014, for the following reason: Second Violation of Iowa Code (2(h (Sale to Minor. *The above thirty (30 day suspension is in addition to a $1, civil penalty agreed to in this matter. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator Removal of this notice before expiration of the above-mentioned suspension dates by any person without approval of the Iowa Alcoholic Beverages Division or the Local Authority, is a violation of 185 Iowa Administrative Code 4.15.
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Sultana, Inc. d/b/a El Dorado Mexican Restaura 1634 Sycamore St. License/Permit No. LC0036072
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: ND Express, Inc. d/b/a North Dodge Express 2790 N Dodge St License/Permit No. BC0027272 Docket
IN RE: POSH HOTEL LLC d/b/a Clarion Highlander Hotel & Conference Center 2525 North Dodge Street Iowa City, Iowa ) ) ) ) ) ) ) Docket No.
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: POSH HOTEL LLC d/b/a Clarion Highlander Hotel & Conference Center 2525 North Dodge Street Iowa
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Kennedy Investments Inc. d/b/a Vine Tavern & Eatery The 330 E Prentiss Iowa City, Iowa 52240
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Alberhasky, David L. d/b/a Dave's Foxhead Tavern 402 East Market Street Iowa City, Iowa 52240
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: E & E Restaurant, LLC d/b/a Sushi Popo 725 Mormon Trek Blvd Iowa City, Iowa 52246 License/Permit
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Hartig Drug Co Inc d/b/a Hartig Drug Store #10 701 Mormon Trek Blvd Iowa City, Iowa 52246 License/Permit
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Blazin Wings, Inc. d/b/a Buffalo Wild Wings Grill & 201 S Clinton St Iowa City, Iowa 52240 License/Permit
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Ali's Inc. d/b/a Ali's West Side Liquor 919 W 5th Street Waterloo, Iowa 50701 License/Permit
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: d/b/a Cork & Bottle 309 A Ave West License/Permit No. LE0001415 Docket No. O R D E R D-2014-00014
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Mittelstadt, Jeff d/b/a Jeffs Foods 110 W Cedar Marcus, Iowa 51035 License/Permit No. LE0000771
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Rusty Duck, Inc. d/b/a Rusty Duck, The 723 Marshall St. Dexter, Iowa 50070 License/Permit No.
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Wubben, Robin d/b/a Wubben's Bar & Grill 214 Main Woden, Iowa 50484 License/Permit No. LC0033045
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Jose Angeles d/b/a Los Angeles 704 Ave C License/Permit No. BC0029506 Docket No. O R D E R D-2012-00363
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Casey's Marketing Company d/b/a Casey's General Store #3082 510 E Hwy 30 Carroll, Iowa 51401
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Jeffrey and Cheryl Kamies d/b/a After 5 SomeWhere 704 West 7th Street License/Permit No. LE0001545
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Annie's, LLC d/b/a Annie's, LLC 8495 State Highway 9 Lime Springs, Iowa 52155 License/Permit
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Bettie Jo Vega d/b/a Copa Cabana 53 2nd St NW Britt, Iowa 50423 License/Permit No. LC0035628
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Mahendra, Inc. d/b/a Lucky Dragon Restaurant 1009 South Grand Avenue License/Permit No. BW0093309
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Bradford Corporation d/b/a Bradford House 2733 Cheyenne Ave Nashua, Iowa 50658 License/Permit
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Jerusalem Petroleum, LLC d/b/a Speedy Gas N Shop 430 South 35th Street Suite 1 Council Bluffs,
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: United Farmers Mercantile Cooper d/b/a United Farmers Mercantile C 203 West Oak Red Oak, Iowa
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Bahl Family Restaurant, Incorporat d/b/a Happy Joes of Dyersville 1213 12th Ave Suite 100 Dyersville,
3. The Defendant, in criminal case number STA , was an employee of the abovecaptioned Licensee on March 21, 2015.
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: W & H Co-op Oil Co. d/b/a Livermore Fastway 501 3rd Ave Livermore, Iowa 50558 License/Permit
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Debner Family Enterprises Inc d/b/a Eldon Kwik Shop 205 4th Street Eldon, Iowa 52554 License/Permit
) ) ) ) ) ) ) STATEMENT OF FACTS
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: BANCROFT CARGO LLC d/b/a BANCROFT CARGO LLC 112 N LONG Bancroft, Iowa 50517 License/Permit No.
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