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 Docket No. O R D E R D-2011-00150 This Order requires the Licensee, Bettie Jo Vega, d/b/a Copa Cabana, 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 123.50 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 123.49(2(h (underage sales. STATEMENT OF FACTS 1. Bettie Jo Vega, d/b/a Copa Cabana, 53 2nd St NW, Britt, Iowa, (Licensee possesses License/Permit No. LC0035628, and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On April 20, 2011, in criminal case number STA0005843 in Magistrate s Court for Hancock County, Iowa, the defendant, Jennifer Lynn Daniel, pled guilty to, or was found guilty of, violating Iowa Code 123.49(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 19, 2011, in the above-captioned licensed establishment in Britt, Iowa. 3. The Defendant, in criminal case number STA0005843, was an employee of the abovecaptioned Licensee on March 19, 2011. 4. The Defendant, in criminal case number STA0005843, was adjudged guilty of violating Iowa Code 123.49(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 STA0005843 constitutes the first violation of Iowa Code 123.49(2(h found against the above-captioned Licensee, its agents or employees within a period of two years preceding the date of violation.
CONCLUSIONS OF LAW 6. If a licensee or an employee of that licensee is found in violation of Iowa Code 123.49(2(h, the Division shall assess a mandatory civil penalty against the licensee. See Iowa Code 123.50. Upon a first violation of 123.49(2(h, the Division shall assess a civil penalty in the amount of five hundred dollars against the violating licensee. See Iowa Code 123.50 (3. 7. The Licensee is subject to the civil penalty provisions of Iowa Code 123.50(3 because the Licensee, or an employee of the Licensee, was found in violation of Iowa Code 123.49(2(h. ORDER 8. Pursuant to Iowa Code 123.50, a civil penalty of five hundred dollars ($500.00 is hereby assessed against Bettie Jo Vega, d/b/a Copa Cabana, Britt, Iowa. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than June 26, 2011, 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 123.50. 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 10. 11. 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 27th day of May, 2011, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator
Witnesses: Trooper Richard Pierce Iowa State Patrol - Dist 08 4425 South Washington Avenue Mason City, Iowa 50401 Copies to: John Lundquist Assistant Attorney General Department of Justice Hoover State Office Building Des Moines, Iowa 50319 Steve E. Bogle Iowa Lottery 2323 Grand Avenue Des Moines, Iowa 50312 Steven Mandernach Social Gaming Unit Lucas State Office Bldg. Des Moines, Iowa 50319 Bettie Jo Vega Bettie Jo Vega d/b/a/ Copa Cabana 545 5th St SW Britt, Iowa 50423 Chief Dan Nelson Britt Police Department PO Box 303 Britt, Iowa 50423 City Clerk PO Box 303 Britt, Iowa 504231368 Sgt. Pierce ISP, District #8 4425 S Washington Ave Mason City, Iowa 50401