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. LC0033169 Docket No. O R D E R D-2013-00188 This Order requires the Licensee, Rusty Duck, Inc., d/b/a Rusty Duck, The, 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 123.50(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 123.49(2(h (underage sales. STATEMENT OF FACTS 1. Rusty Duck, Inc., d/b/a Rusty Duck, The, 723 Marshall St., Dexter, Iowa, (Licensee possesses License/Permit No. LC0033169, and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On July 25, 2013, in criminal case number STA0056486 in Magistrate s Court for Dallas County, Iowa, the defendant, Preslee Sisler, 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 July 17, 2013, in the above-captioned licensed establishment in Dexter, Iowa. 3. The Defendant, in criminal case number STA0056486, was an employee of the abovecaptioned Licensee on July 17, 2013. 4. The Defendant, in criminal case number STA0056486, was adjudged guilty of violating Iowa Code 123.49(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 123.49(2(h on September 26, 2012. See Attached Exhibit B. Thus, the violation found in criminal case number STA0056486 is the second 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 the pending 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 second violation of 123.49(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 123.50 (3(b. 7. The Licensee is subject to the civil penalty and license suspension 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 thirty (30 day suspension of the above-mentioned license and a civil penalty of one thousand five hundred dollars ($1,500.00 is hereby assessed against Rusty Duck, Inc., d/b/a Rusty Duck, The, Dexter, Iowa. The suspension shall commence at 6:00 AM on Monday, February 3, 2014, and end at 6:00 AM on Wednesday, March 5, 2014. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than December 20, 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 further 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 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 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 20th day of November, 2013, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator
Witnesses: Shelley Reese Dallas County Sheriff 201 Nile Kinnick North Adel, Iowa 50003 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 Lt. Kunert ISP, District #1 260 NW 48th Place Des Moines, Iowa 50313 Bradley Waldron Rusty Duck, Inc. d/b/a/ Rusty Duck, The 19757 365th Street Earlham, Iowa 50072 City Clerk PO Box 156 Dexter, Iowa 500700161 Sheriff Chad Leonard Dallas County Sheriff's Office PO Box 187 Adel, Iowa 50003
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. LC0033169 Docket No. O R D E R D-2012-00269 This Order requires the Licensee, Rusty Duck, Inc., d/b/a Rusty Duck, The, 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. Rusty Duck, Inc., d/b/a Rusty Duck, The, 723 Marshall St., Dexter, Iowa, (Licensee possesses License/Permit No. LC0033169, and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On September 27, 2012, in criminal case number STA0048891 in Magistrate s Court for Dallas County, Iowa, the defendant, Christine Ann Damstrom, 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 September 26, 2012, in the above-captioned licensed establishment in Dexter, Iowa. 3. The Defendant, in criminal case number STA0048891, was an employee of the abovecaptioned Licensee on September 26, 2012. 4. The Defendant, in criminal case number STA0048891, was adjudged guilty of violating Iowa Code 123.49(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 STA0048891 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 Rusty Duck, Inc., d/b/a Rusty Duck, The, Dexter, Iowa. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than November 17, 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 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 18th day of October, 2012, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator
Witnesses: Officer Shelley Reese 201 Nile Kinnick North Adel, Iowa 50003 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 Lt. Kunert ISP, District #1 260 NW 48th Place Des Moines, Iowa 50313 Bradley Waldron Rusty Duck, Inc. d/b/a/ Rusty Duck, The 19757 365th Street Earlham, Iowa 50072 Chief Gary Rasmussen Dexter Police Department 911 State Street Dexter, Iowa 50070 City Clerk PO Box 156 Dexter, Iowa 500700161
NOTICE OF SUSPENSION LIQUOR LICENSE LC-33169 The Iowa Alcoholic Beverages Division hereby gives notice that the above-stated liquor control license issued to: Rusty Duck, Inc. d/b/a Rusty Duck, The 723 Marshall St. Dexter, Iowa 50070 is suspended for thirty (30 consecutive days, beginning 6:00 AM, Monday, February 3, 2014, and ending at 6:00 AM, Wednesday, March 5, 2014, for the following reason: Second Violation of Iowa Code 123.49(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. 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.