) ) ) ) ) ) ) STATEMENT OF FACTS

Size: px

Start display at page:

Download ") ) ) ) ) ) ) STATEMENT OF FACTS"

Whitney Hopkins
5 years ago
Views:

1 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. LE Docket No. O R D E R D This Order requires the Licensee,, d/b/a Cork & Bottle, 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., d/b/a Cork & Bottle, 309 A Ave West, Oskaloosa, Iowa, (Licensee possesses License/Permit No. LE , and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On January 6, 2014, in criminal case number STA in Magistrate s Court for Mahaska County, Iowa, the defendant, Connie Gentry, 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 December 15, 2013, in the above-captioned licensed establishment in Oskaloosa, Iowa. 3. The Defendant, in criminal case number STA , was an employee of the abovecaptioned Licensee on December 15, 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 June 27, 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, d/b/a Cork & Bottle, Oskaloosa, Iowa. The suspension shall commence at 6:00 AM on Tuesday, April 1, 2014, and end at 6:00 AM on Thursday, May 1, The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than February 6, 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 7th day of January, 2014, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator

3 Witnesses: Trooper Telfer ISP - Dist Grand Ave, Suite 201 Mount Pleasant, 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 John R. McGee Oskaloosa Police Department 214 High Avenue E City Clerk 220 S Market St d/b/a/ Cork & Bottle 309 A Ave West Lt. Dean Jalas ISP, District # S Grand, Suite 201 Mount Pleasant, Iowa 52641

7 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. LE Docket No. O R D E R D This Order requires the Licensee,, d/b/a Cork & Bottle, 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., d/b/a Cork & Bottle, 309 A Ave West, Oskaloosa, Iowa, (Licensee possesses License/Permit No. LE , and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On August 7, 2012, in criminal case number STA in Magistrate s Court for Mahaska County, Iowa, the defendant, Andrea Sue Garrett, 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 June 27, 2012, in the abovecaptioned licensed establishment in Oskaloosa, Iowa. 3. The Defendant, in criminal case number STA , was an employee of the abovecaptioned Licensee on June 27, The Defendant, in criminal case number STA , was adjudged guilty of violating Iowa Code (2(h and was fined Seven Hundred Fifty Dollars ($750.00, 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, d/b/a Cork & Bottle, Oskaloosa, Iowa. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than September 16, 2012, 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 17th day of August, 2012, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator

9 Witnesses: Officer Michael Tefler 1300 Grand Avenue Suite 201 Mount Pleasant, 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 John R. McGee Oskaloosa Police Department 214 High Avenue E City Clerk 220 S Market St d/b/a/ Cork & Bottle 309 A Ave West Lt. Dean Jalas ISP, District # S Grand, Suite 201 Mount Pleasant, Iowa 52641

NOTICE OF SUSPENSION LIQUOR LICENSE LE-1415 The Iowa Alcoholic Beverages Division hereby gives notice that the above-stated liquor control license issued to: d/b/a Cork & Bottle 309 A Ave West is

49(2(h (Sale to Minor. *The above thirty (30 day suspension is in addition to a $1,500.00 civil penalty agreed to in this matter.

13 NOTICE OF SUSPENSION LIQUOR LICENSE LE-1415 The Iowa Alcoholic Beverages Division hereby gives notice that the above-stated liquor control license issued to: d/b/a Cork & Bottle 309 A Ave West is suspended for thirty (30 consecutive days, beginning 6:00 AM, Tuesday, April 1, 2014, and ending at 6:00 AM, Thursday, May 1, 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

) ) ) ) ) ) ) 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