An administrative law judge (ALJ) issued findings on the administrative hearing complaint against liquor licensee Angle Inn in Walford, on Friday. The proposed decision suspends the liquor license for 40 days due to noncompliance with the Iowa Smokefree Air Act (SFAA). The suspension is July 6 – August 15.

The licensee has 30 days to appeal to the Iowa Alcoholic Beverages Division (Division) Administrator Lynn Walding for administrative review and final agency action. If an appeal is not filed, the ALJ’s decision will become final.

Administrative sanctions for licensees found to be in violation of the SFAA have been established by the Division. Walding, said, “The usual decision to be meted out for a finding of general violation of the Iowa Smokefree Air Act is 30 days.

The ALJ stated in her decision that a 40-day suspension was justified because, “This case does present aggravating circumstances due to the large number of verified complaints and observed violations and due to the licensee’s deliberate and consistent defiance of the law for more than none months.”

A total of 67 licensees have been referred to the Attorneys General Office for violations. Forty-four have had administrative hearing complaints filed against them.

Iowa Smokefree Air Act actions against liquor licensees:

Walding encourages licensees to comply before action is taken against them. “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,” said Walding. “In the end, the Division seeks compliance with the law, preferring to gain cooperation without the imposition of administrative sanction,” he said.

Administrator Walding notes, “The vast majority of Iowa businesses are in compliance with the Iowa Smokefree Air Act. The Iowa Department of Public Health has received complaints against only one percent of all businesses.”