DES MOINES (SPECIAL)Four settlements have been announced in administrative hearing complaints against liquor licensees, including C&C American Tap and Bow Lounge, both in Webster City. Settlements were also negotiated with Alibi in Centerville and Vine Street Nugget in Ottumwa. In addition to agreeing to comply with the Iowa Smokefree Air Act (SFAA) in the future, each establishment will serve a 7-day suspension and pay a $1,000 civil penalty to the Iowa Alcoholic Beverages Division (Division).

Five other liquor licensees have settled SFAA complaints. All nine establishments have settled for the same sanctions.

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 one 40-day suspension resulted due to “aggravating circumstances.” In the case of a licensee’s refusal to comply with the SFAA, two have had their licenses revoked.

Walding said there have been 48 administrative hearing complaints filed against liquor licensees due to noncompliance with the SFAA. 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.”

A complete list of SFAA administrative hearing complaints and where each stands in the hearing process can be found on the Division’s website at IowaABD.com/smokefree.

Iowa Smokefree Air Act actions against liquor licensees:

“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.”

Four More Liquor Licensees Face Administrative Action for Violations of Iowa Smokefree Air Act

Liquor Licensees in Waterloo, Arnolds Park, Davenport and Elma could face civil penalties, suspension or revocation of their licenses

Administrative Hearing Complaints have been filed with the Iowa Alcoholic Beverages Division (Division) against four more liquor licensees, due to noncompliance with the Iowa Smokefree Air Act (SFAA).

Caf Bar Fontana is the fourth liquor licensee in Waterloo to face administrative action because of failure to comply with one or more of the three parts of the SFAA. The SFAA requires all ashtrays to be removed, no smoking signs to be posted and owners and employees to require patrons to exit the premises to smoke.

New Opendore Tap in Davenport and The Ritz Bar and Deli in Arnolds Park also received Administrative Hearing Complaints today. They are both the second licensees to face administrative action in their respective cities. Quams Good Times Bar and Grill is the first license in Elma, Iowa, to receive an administrative hearing complaint for violations of the SFAA.

Administrative sanctions for licensees found to be in violation of the SFAA have been established by the Division. As a general rule, licensees wanting to settle before hearing can expect 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.

Previous licensees that have taken their cases to hearing have received a 30-day suspension. The suspension is dependant upon the administrator receiving assurance that the licensee will subsequently comply with the SFAA.

The Division’s Administrator has stated if the licensee has indicated a plan to revert back to a pattern and practice of disregard of the SFAA, the license will be revoked. “To permit the licensee to restart noncompliance would further erode confidence in the Iowa Smokefree Air Act, undermine the entire Iowa Alcoholic Beverage Control Act and continue to economically disadvantage those that have complied with the law,” said Administrator Lynn Walding.

Hearing dates for these four licensees have not been set yet. All SFAA hearings are held at the Division’s offices in Ankeny, Iowa. Visit the Division’s website at IowaABD.com for hearing dates and additional information.Iowa Smokefree Air Act actions against liquor licensees:

At this time, Administrative Hearing Complaints for SFAA violations have been filed against 48 liquor licensees. Administrator Walding notes, “The vast majority of Iowa businesses are in compliance with the Iowa Smokefree Air Act. The State Department of Public Health has received complains against only one percent of businesses.”

Walding said, “Licensees are expected to follow all of the laws and cannot randomly select which laws they believe have merit and which do not.”

Penalties and sanctions are not Administrator Walding’s first choice, however. “In the end, the Division seeks compliance with the law, preferring to gain cooperation without the imposition of administrative sanction,” he said.