) ) ) ) ) ) ) STATEMENT OF FACTS

Transcription

1 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. LE Docket No. O R D E R D This Order requires the Licensee, Jeffrey and Cheryl Kamies, d/b/a After 5 SomeWhere, 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. Jeffrey and Cheryl Kamies, d/b/a After 5 SomeWhere, 704 West 7th Street, Atlantic, Iowa, (Licensee possesses License/Permit No. LE , and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On December 18, 2013, in criminal case number STA in Magistrate s Court for Cass County, Iowa, the defendant, Jeffrey Kamies, 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 November 4, 2013, in the above-captioned licensed establishment in Atlantic, Iowa. 3. The Defendant, in criminal case number STA , was an employee of the abovecaptioned Licensee on November 4, 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.

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 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 Jeffrey and Cheryl Kamies, d/b/a After 5 SomeWhere, Atlantic, Iowa. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than January 23, 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 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 24th day of December, 2013, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator

3 Witnesses: Trooper Sieleman ISP - Dist Hunt Ave Council Bluffs, 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 Roger Muri Atlantic Police Department 23 E. 4th St. CITY HALL CITY CLERK 23 E 4th St Jeffrey L Kamies Jeffrey and Cheryl Kamies d/b/a/ After 5 SomeWhere 1505 Chestnut Street Lt. Michael Miller ISP, Distirct Hunt Avenue Council Bluffs, Iowa 51503

4

5

6