A settlement was announced Wednesday in the administrative hearing complaint against liquor licensee Joeseppe’s in Des Moines. In addition to agreeing to comply with the Iowa Smokefree Air Act (SFAA) in the future, Joeseppe’s will serve a 7-day suspension and pay a $1,000 civil penalty to the Iowa Alcoholic Beverages Division (Division). The suspension will begin at 6 AM on Friday, May 1, 2009 and end at 6 AM on Friday, May 8, 2009.

Two other liquor licensees have settled SFAA complaints. The Keg in Ottumwa, and T. McGill’s in Moulton, both settled for the same sanctions as Joeseppe’s.

Administrative sanctions for licensees found to be in violation of the SFAA have been established by the Division. As a general rule, a hearing complaint for a violation of the Iowa Alcoholic Beverage Control Act can be settled for a 21-day suspension with no civil fine, a 10-day suspension with a $750 civil fine or, alternatively, a 7-day suspension with a $1,000 civil fine. Division Administrator Lynn Walding said these penalties are consistent with penalties for other similar violations of the Iowa Alcoholic Beverage Control Act.

Several complaints have had hearings resulting in 30-day suspensions and, in the case of a licensee’s refusal to comply with the SFAA, two have had their licenses revoked.

Walding said there have been 41 administrative hearing complaints filed against liquor licensees due to noncompliance with the Iowa Smokefree Air Act. However, he added, “The vast majority of Iowa businesses are in compliance with the Iowa Smokefree Air Act. The Iowa Department of Public Health reports having received complaints against only 1 percent of all businesses.”

“The purpose of the contested case proceeding is, and always has been, to gain the licensee’s compliance with the Iowa Smokefree Air Act,” said Walding. “Compliance by all businesses will promote the public health by reducing the level of exposure of patrons and employees to environmental tobacco smoke, as well as ensure a level playing field among all Iowa liquor licensees.”