Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Casey's Marketing Company d/b/a Casey's General Store #3082 510 E Hwy 30 Carroll, Iowa 51401 License/Permit No. BC0002787 Docket No. O R D E R D-2015-00008 This Order requires the Licensee, Casey's Marketing Company, d/b/a Casey's General Store #3082, 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. Casey's Marketing Company, d/b/a Casey's General Store #3082, 510 E Hwy 30, Carroll, Iowa, (Licensee possesses License/Permit No. BC0002787, and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On August 6, 2014, in criminal case number STA0017607 in Magistrate s Court for Carroll County, Iowa, the defendant, Nathan Baxter, 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 June 20, 2014, in the above-captioned licensed establishment in Carroll, Iowa. 3. The Defendant, in criminal case number STA0017607, was an employee of the abovecaptioned Licensee on June 20, 2014. 4. The Defendant, in criminal case number STA0017607, 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 above-captioned Licensee, or an agent or employee of the Licensee, was previously found to have violated Iowa Code 123.49(2(h on December 17, 2013. See Attached Exhibit B. Thus, the violation found in criminal case number STA0017607 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 Casey's Marketing Company, d/b/a Casey's General Store #3082, Carroll, Iowa. The suspension shall commence at 6:00 AM on Monday, February 2, 2015, and end at 6:00 AM on Wednesday, March 4, 2015. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than February 8, 2015, 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 9th day of January, 2015, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator
Witnesses: Trooper Dinkla ISP - Dist 04 3710 Highway 30 East Denison, Iowa 51442 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 Chief Jeff Cayler Carroll Police Department 112 E. 5th St. Carroll, Iowa 51401 City Hall City Clerk 112 E 5th St Carroll, Iowa 514012799 Lt. Rob Borelli ISP, District 4 3710 Highway 30 East Denison, Iowa 51442 PENNY PATRICK, STORE OPERATIONS Casey's Marketing Company d/b/a/ Casey's General Store #3082 PO BOX 3001 ANKENY, Iowa 500218045
Terry E. Branstad Kim Reynolds Stephen Larson Governor of Iowa Lieutenant Governor Administrator ABD IN RE: Casey's Marketing Company d/b/a Casey's General Store #3082 510 E Hwy 30 Carroll, Iowa 51401 License/Permit No. BC0002787 Docket No. O R D E R D-2014-00017 This Order requires the Licensee, Casey's Marketing Company, d/b/a Casey's General Store #3082, 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. Casey's Marketing Company, d/b/a Casey's General Store #3082, 510 E Hwy 30, Carroll, Iowa, (Licensee possesses License/Permit No. BC0002787, and is subject to the jurisdiction of the Iowa Alcoholic Beverages Division. 2. On January 6, 2014, in criminal case number STA0016414 in Magistrate s Court for Carroll County, Iowa, the defendant, Neysa Siepker, 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 December 17, 2013, in the above-captioned licensed establishment in Carroll, Iowa. 3. The Defendant, in criminal case number STA0016414, was an employee of the abovecaptioned Licensee on December 17, 2013. 4. The Defendant, in criminal case number STA0016414, 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 STA0016414 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 Casey's Marketing Company, d/b/a Casey's General Store #3082, Carroll, Iowa. The penalty shall be paid to the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, no later than February 9, 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 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 10th day of January, 2014, at Ankeny, Iowa. IOWA ALCOHOLIC BEVERAGES DIVISION STEPHEN LARSON Administrator
Witnesses: Trooper Tews ISP - Dist 04 3710 Highwat 30 East Denison, Iowa 51442 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 Chief Jeff Cayler Carroll Police Department 112 E. 5th St. Carroll, Iowa 51401 City Hall City Clerk 112 E 5th St Carroll, Iowa 514012799 Lt. Rick Pierce ISP, District 4 3710 Highway 30 East Denison, Iowa 51442 PENNY PATRICK, STORE OPERATIONS Casey's Marketing Company d/b/a/ Casey's General Store #3082 PO BOX 3001 ANKENY, Iowa 500218045
NOTICE OF SUSPENSION BEER PERMIT BC-2787 The Iowa Alcoholic Beverages Division hereby gives notice that the above-stated liquor control license issued to: Casey's Marketing Company d/b/a Casey's General Store #3082 510 E. Hwy 30 Carroll, Iowa 51401 is suspended for thirty (30 consecutive days, beginning 6:00 AM, Monday, February 2, 2015, and ending at 6:00 AM, Wednesday, March 4, 2015, 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.