Iowa Beer and Liquor Control Dept. v. McBlain, 2-59759
| Decision Date | 19 October 1977 |
| Docket Number | No. 2-59759,2-59759 |
| Parties | IOWA BEER AND LIQUOR CONTROL DEPARTMENT, Appellant, v. Roderick McBLAIN d/b/a J & R Lounge, Appellee. |
| Court | Iowa Supreme Court |
Richard C. Turner, Atty. Gen., and Jim P. Robbins, Asst. Atty. Gen., for appellant.
Martin R. Dunn, Des Moines, for appellee.
Submitted to MOORE, C. J., and RAWLINGS, REES, UHLENHOPP and McCORMICK, JJ.
The appellant, Iowa Beer and Liquor Control Department, appeals a ruling of the trial court in an action for judicial review of an administrative proceeding that a deferred sentence under § 789A.1, The Code, on a charge of selling beer to a minor is not a "conviction" warranting a suspension of a liquor license under § 123.50(3)(a), The Code.
There is no dispute as to the facts. On June 30, 1975 an employee of defendant-appellee McBlain was found guilty of selling beer to a minor in violation of § 123.49(2)(h), The Code. Sentencing was deferred pending defendant's good behavior pursuant to chapter 789A, Code of Iowa, 1975.
As the result of the hearing and the conviction of the defendant's employee, the director of the Iowa Beer and Liquor Control Department issued an order pursuant to § 123.49(2)(h) suspending the liquor license of Roderick McBlain, d/b/a J & R Lounge, for a period of 14 days for the first conviction under § 123.50(3)(a) and for a period of 30 days for the second conviction under § 123.50(3)(b). A request by the licensee for stay of the suspension pending appeal to the Departmental Hearing Board was refused, and on September 30, 1975 a temporary injunction issued enjoining the suspension of the Class C liquor license of the defendant.
The administrative appeal was held before the Departmental Hearing Board on October 17, 1975, which resulted in the issuance of a decision by the board on October 27, 1975. The board found there were two "convictions" referring to two separate sales of alcoholic beverages to minors which occurred on May 8, 1975 and May 13, 1975. The suspension of the license was enjoined further to permit the licensee to seek judicial review. After submission of briefs and a hearing on June 2, 1976, the trial court ruled that defendant's license could not be suspended because there had not been a "conviction" in the light of the fact that sentences in both claimed violation situations had been deferred.
From such ruling the Iowa Beer and Liquor Control Department has appealed to this court.
Appellant contends it has the authority to suspend defendant's liquor license under § 123.50(3)(a) and § 123.50(3)(b), The Code,...
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...for punishment). The DOT contends the cases relied on by Schilling are distinguishable. For example, Iowa Beer & Liquor Control Department v. McBlain, 263 N.W.2d 226, 226-27 (Iowa 1977), held a deferred judgment was not a conviction for purposes of a liquor license suspension; that case, ho......
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