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 No. LC0038555 Docket No. O R D E R D-2012-00133 This Order requires the Licensee, Annie's, LLC, d/b/a Annie's, LLC, 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. Annie's, LLC, d/b/a Annie's, LLC, 8495 State Highway 9, Lime Springs, Iowa, (Licensee possesses License/Permit No. LC0038555, and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On September 7, 2011, in criminal case number STA0005083 in Magistrate s Court for Howard County, Iowa, the defendant, Donita L Andrews, 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 August 17, 2011, in the abovecaptioned licensed establishment in Lime Springs, Iowa. 3. The Defendant, in criminal case number STA0005083, was an employee of the abovecaptioned Licensee on August 17, 2011. 4. The Defendant, in criminal case number STA0005083, 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 STA0005083 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 Annie's, LLC, d/b/a Annie's, LLC, Lime Springs, Iowa. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than May 26, 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 26th day of April, 2012, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator
Witnesses: Deputy Loel Reinhart Howard County Sheriff's Department 124 S. Park Place Cresco, Iowa 52136 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 Anna Ferrie Annie's, LLC d/b/a/ Annie's, LLC 8495 State Highway 9 Lime Springs, Iowa 52155 County Auditor County Auditor, County Courthouse 137 N Elm Street Cresco, Iowa 52136 Lt. Schaffer ISP, District #8 4425 S Washington Ave Mason City, Iowa 50401 Sheriff Mike Miner Howard County Sheriff's Office 124 S. Park Place Cresco, Iowa 52136