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Cookin' Something Up_Alcohol Compliance Violation HearingBEFORE THE DUBUQUE CITY COUNCIL ORDER ASSESSING PENALTY Alcohol Compliance — 2nd Violation RE: Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 Cookin Something Up, Inc. 1640 John F. Kennedy Road Dubuque, IA 52002 On this 4th day of June, 2012, after a hearing on the matter, the Dubuque City Council finds that based upon evidence submitted by the Dubuque Police Department, the above - captioned licensee committed a violation of City of Dubuque Code of Ordinances §4 -2A -3. Up: THEREFORE, the Dubuque City Council hereby orders that Cookin Something 1. Pay a civil penalty in the amount of one thousand five hundred dollars ($1,500.00). Payment must be remitted by the above - captioned licensee to the City of Dubuque Police Department, check made payable to the City of Dubuque, on or before Thursday, July 5, 2012; and, 2. Serve a thirty (30) day suspension of the liquor license, as shall be agreed upon by the Chief of Police. This sanction will count as a second (2nd) violation of City of Dubuque Code of Ordinances §4- 2B -16, pursuant to City of Dubuque Code of Ordinances §4 -2A -3. PASSED AND APPROVED this 4th day of June Attest: Kevin - irnstahl, ity C er , 2012. Roy D(./Buol, Mayor BEFORE THE DUBUQUE CITY COUNCIL STIPULATION OF FACTS Alcohol Compliance — 2nd Violation RE: Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 Cookin Something Up, Inc. 1640 John F. Kennedy Road Dubuque, IA 52002 1. Cookin Something Up employed Keriann L. Kane on December 9, 2011. 2. An alcohol compliance check occurred on December 9, 2011, conducted by the Dubuque Police Department and a youth compliance monitor. 3. During the alcohol compliance check, Keriann L. Kane, an employee of Cookin Something Up, sold alcohol to a youth compliance monitor who was sixteen (16) years of age. 4. Keriann L. Kane was cited for selling alcohol to a minor. 5. Keriann L. Kane paid the criminal citation on January 6, 2012. 6. Cookin Something Up stipulates that alcohol was sold to a minor on December 9, 2011. 7. Cookin Something Up does not waive any defenses available to them as part of this stipulation. CERTIFICATION The undersigned certify that the preceding Stipulation of Facts is true and accurate. THOMA GOODMAN Attorney for Cookin Something Up 590 Iowa Street, Suite 1 Dubuque, IA 52001 [T] (563) 582 -0750 CRENNA BRUMWELL Assistant City Attorney Attorney for City of Dubuque 300 Main Street, Suite 330 Dubuque, IA 52001 [T] 563.589.4381 [F] 563.583.1040 EXHIBIT C Police Department Law Enforcement Center 770 Iowa Street PO Box 875 Dubuque, Iowa 52004 -0875 (563) 589 -4410 office (563) 589 -4497 fax www. cityofdubuquc. ora Dubuque THE CITY OF Ali•Am hitd V B E I I I I If Masterpiece on the Mississippi 2007 January 17, 2012 Cookin Something Up, Inc. 1640 John F. Kennedy Road Dubuque, IA 52002 RE: Alcohol Compliance Violation — 2nd Offense Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 Dear Ms. Gorius: On August 25, 2010, Stephanie Gorius, and on December 9, 2011, Keriann Kane, both employees of Cookin Something Up, violated City of Dubuque Code of Ordinances §4- 2A-3. The purpose of this correspondence is to give notice regarding the civil sanction process, in addition to the criminal offense, for, violation of City of Dubuque Code of Ordinances §4 -2A -3. Because this is a second offense, the civil sanction to be imposed is: a) A one thousand five hundred dollar ($1,500) fine AND b) A thirty (30) day suspension of the license. However, in lieu of the fine and suspension, you may: a) Pay a five thousand dollar ($5,000) fine and serve a thirty (30) day suspension of which sixteen (16) days will be suspended, on the condition that you receive no further violations for a twelve (12) consecutive month probationary period. If there is a violation within the probationary period, the sixteen (16) days which were suspended must be served as agreed upon by the Chief of Police; b) Pay a seven thousand five hundred dollar ($7,500) fine and serve a thirty (30) day suspension of which twenty three (23) days will be suspended, on the condition that you receive no further violations for a twelve (12) consecutive month probationary period, together with two (2) of the following conditions selected by you with the approval of the Chief of Police: 1. Terminate the employee who acted illegally. 2. Purchase and use identification scanners for use on all alcohol sales. 3. All employees at the time of the violation who may serve alcohol and continue their employment must be trained in Training for Intervention Procedures or other training approved by the City within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date. 4. Use wristbands for patrons twenty -one (21) years of age and older. 5. Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the Chief of Police. 6. Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the Chief of Police. 7. Such other conditions as agreed upon between you and the Chief of Police. If there is a violation within the probationary period, the twenty -three (23) days which were suspended must be served as agreed upon by the Chief of Police; or, c) Pay a fifteen thousand dollar ($15,000) fine and serve a thirty (30) day suspension of which thirty (30) days will be suspended, on the condition that you receive no further violations for a twelve (12) consecutive month probationary period, together with three (3) of the following conditions selected by you with the approval of the Chief of Police: 1. Terminate the employee who acted illegally. 2. Purchase and use identification scanners for use on all alcohol sales. 3. All employees at the time of the violation who may serve alcohol and continue their employment must be trained in Training for Intervention Procedures or other training approved by the City within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. 4. Use wristbands for patrons twenty -one (21) years of age and older. 5. Hire staff to check the identification of all patrons as they enter the • establishment for days of the week and hours as determined by the Chief of Police. 6 Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the Chief of Police. 7. Such other conditions as agreed upon between you and the Chief of Police. If there is a violation within the probationary period, the thirty (30) days which were suspended must be served as agreed upon by the Chief of Police. If you wish to pay the fine and serve the suspension, please review the enclosed suspension guidelines and then contact my office at (563) 589.4410 by Friday, February 17, 2012 to arrange for payment of the fine and scheduling of the suspension. As the licensee, you have the opportunity to be heard by the City of Dubuque City Council at a public hearing regarding this violation. You may be represented by an attorney, at your own expense, regarding the mandatory civil penalty as prescribed by Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B -16. As a matter of practice, the public hearing has been scheduled for Monday, March 5, 2012 at 6:30 p.m. on the second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, IA 52001. If you fail to respond, the Public Hearing in front of the City Council will proceed as scheduled. Please be advised that further violations of Iowa Code §123.49 and City of Dubuque Code of Ordinances §4 -2A -3 will result in the following: • 3rd Violation within two (2) years: $1,500 fine and sixty (60) day suspension • 4th Violation within two (2) years: Revocation of License If you, or the attorney representing you, have any questions regarding this notice, please feel free to contact my office. Thank you for your anticipated cooperation. Mark Dalsing Police Chief Enclosure: Suspension Guidelines cc: Jenny Griffin, Legal Assistant Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 In the Matter of: BEFORE THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 NOTICE AND ORDER SETTING HEARING ON APPLICATION FOR DETERMINATION REGARDING ALCOHOL COMPLIANCE VIOLATION 2ND OFFENSE The Application for Determination regarding Alcohol Compliance Violation, 2nd Offense having been filed by the City Manager with the City Council to determine whether the alcohol licensee, Cookin Something Up, Inc., 1640 John F. Kennedy Road, Dubuque, Iowa, constitutes a second violation of City of Dubuque Code of Ordinances §4 -2A -3, and the City Council having determined that a hearing should be set on the Application and Notice thereof provided to the alcohol license holder. You are hereby notified that a hearing is set for Monday, June 4, 2012 at 6:30 p.m. at the Historic Federal Building, 2nd floor, 350 West 6th Street, Dubuque, Iowa, on the Application for Determination regarding Alcohol Compliance Violation, 2nd Offense, a copy of which is attached hereto. A copy of this Notice shall be posted on the building at 1640 John F. Kennedy Road and a copy shall be delivered personally to alcohol license holder. Dated this 16th day of April, 2012. Attest: Kevin Fi 'nstahl, City Clerk Ric . J • es, Mayor Pro -Tern BEFORE THE CITY OF DUBUQUE CITY COUNCIL Alcohol Compliance Hearing RE: Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 Cookin Something Up, Inc. 1640 John F. Kennedy Road Dubuque, IA 52002 EXHIBITS A. City of Dubuque Code of Ordinances §4 -2A -3 B. City of Dubuque Code of Ordinances §4 -2B -16 C. Stipulation of Facts D. Dubuque Police Department Inspection Reports E. Copy of ID for Youth Compliance Monitor F. Photograph of Bottle of Wine Sold G. Citation H. Disposition of Citation I. Alcohol Compliance Violation Notice J. Order Setting Hearing K. Proof of Service for Order Setting Hearing L. Entrapment 4 -2A -3: PROHIBITED SALES AND ACTS: A person or club holding a liquor license or retail wine or beer permit under this chapter, and the person's or club's agents or employees shall not do any of the following: A. Sell, dispense, or give to any intoxicated person, or a person simulating intoxication, any alcoholic liquor, wine or beer; B. Sell or dispense any alcoholic liquor, wine or beer on the premises covered by the license or permit, or permit its consumption thereon between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on any weekday or Saturday, and between the hours of two o'clock (2:00) A.M. on Sunday and six o'clock (6:00) A.M. on the following Monday; however, a holder of a liquor control license or retail beer permit granted the privilege of selling alcoholic liquor, wine or beer on Sundays, may sell or dispense such liquor, wine or beer on Sunday only between the hours of eight o'clock (8:00) A.M. and two o'clock (2:00) A.M. the following Monday; C. Sell alcoholic beverages, wine or beer to any person on credit, except with a bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests; D. Employ any person under the age of eighteen (18) years in the sale or serving of alcoholic liquor, wine or beer for consumption on the premises where sold; E. In the case of a retail beer or wine permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in or about the permittee's place of business; F. Keep, or allow to be kept, gambling devices of any kind or description on the premises of place of business of the licensee or permit holder, contrary to law; (Ord. 10 -09, 2 -16 -2009) G. Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division and except mixed drinks or cocktails mixed on the premises for immediate consumption. This prohibition does not apply to common carriers holding a class D liquor control license; H. Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substances, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been so reused or adulterated; or Sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, to consume any alcoholic beverage, wine, or beer. Violation of this section is punishable as a scheduled violation under Iowa Code section 805.8C(2). (Ord. 21 -09, 4 -20 -2009) 4- 2B -16: SUSPENSION AND REVOCATION; SPECIFIC TERMS: A. The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of this chapter is grounds for the suspension or revocation of the license or permit by the alcoholic beverages division or the city. However, if any liquor control licensee or any wine or beer permittee is convicted of any violation of the code of Iowa, the liquor control license or wine or beer permit must be revoked and must be immediately surrendered by the holder and the bond of the licensee or permittee must be forfeited to the alcoholic beverages division. B. If any licensee, wine or beer permittee, or an employee of such licensee or permittee is convicted of a violation of this chapter or chapter 123 of the code of Iowa, the city must, in addition to the other penalties fixed for such violations of this section, assess a penalty as follows: 1. First violation: The licensee or permittee must pay a civil penalty in the amount of five hundred dollars ($500.00) or serve a fourteen (14) day suspension of the license or permit. Failure to pay the civil penalty will result in automatic suspension of the license or permit for a period of fourteen (14) days. 2. Second violation (within a period of 2 years): The licensee or permittee must: a. Pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a thirty (30) day suspension of the license or permit; however, in lieu of the fine and suspension, the licensee or permittee may: (1) Pay a five thousand dollar ($5,000.00) civil penalty and serve a thirty (30) day suspension of which sixteen (16) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period. If there is a violation within the twelve (12) month probationary period, upon service of notice by the city, the sixteen (16) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police; or (2) Pay a seven thousand five hundred dollar ($7,500.00) civil penalty and serve a thirty (30) day suspension of which twenty three (23) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with two (2) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (A) Terminate the employee who acted illegally. (B) Purchase and use identification scanners for use on all alcohol sales. (C) All employees at the time of the violation who may serve alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date. (D) Use wristbands for patrons twenty one (21) years of age and older. (E) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (F) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (G) Such other conditions as agreed upon between the licensee or permittee and the chief of police. If there is a violation within the twelve (12) month probationary period, upon service of notice by the city, the twenty three (23) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police; or (3) Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a thirty (30) day suspension of which thirty (30) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with three (3) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (A) Terminate the employee who acted illegally. (B) Purchase and use identification scanners for use on all alcohol sales. (C) All employees at the time of the violation who may serve alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (D) Use wristbands for patrons twenty one (21) years of age and older. (E) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (F) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (G) Such other conditions as agreed upon between the licensee or permittee and the chief of police. If there is a violation within the twelve (12) month probationary period, upon service of notice by the city, the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. Third violation (within a period of 2 years): The licensee or permittee must: a. Pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a sixty (60) day suspension of the license or permit; however, in lieu of the fine and suspension, the licensee or permittee may: (1) Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a sixty (60) day suspension of which thirty (30) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with the following conditions: (A) Terminate the employee who acted illegally. (B) Purchase and use identification scanners for use on all alcohol sales. 4. Fourth liquor control C. For purposes the reinstatement of (C) All employees at the time of the violation who may serve alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (D) Use wristbands for patrons twenty one (21) years of age and older. (E) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (F) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (G) Such other conditions as agreed upon between the licensee or permittee and the chief of police. If there is a violation within the twelve (12) month probationary period, upon service of notice by the city, the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. violation (within a period of 2 years): The licensee's or permittee's license or wine or beer permit must be revoked. of the probationary period in subsections B2 and B3 of this section, the suspension does not require a conviction. (Ord. 29 -11, 4 -4 -2011) BEFORE THE DUBUQUE CITY COUNCIL STIPULATION OF FACTS Alcohol Compliance — 2nd Violation RE: Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 Cookin Something Up, Inc. 1640 John F. Kennedy Road Dubuque, IA 52002 1. Cookin Something Up employed Keriann L. Kane on December 9, 2011. 2. An alcohol compliance check occurred on December 9, 2011, conducted by the Dubuque Police Department and a youth compliance monitor. 3. During the alcohol compliance check, Keriann L. Kane, an employee of Cookin Something Up, sold alcohol to a youth compliance monitor who was sixteen (16) years of age. 4. Keriann L. Kane was cited for selling alcohol to a minor. 5. Keriann L. Kane paid the criminal citation on January 6, 2012. 6. Cookin Something Up stipulates that alcohol was sold to a minor on December 9, 2011. 7. Cookin Something Up does not waive any defenses available to them as part of this stipulation. CERTIFICATION The undersigned certify that the preceding Stipulation of Facts is true and accurate. THOMAS GOODMAN Attorney for Cookin Something Up 590 Iowa Street, Suite 1 Dubuque, IA 52001 [T] (563) 582 -0750 CRENNA BRUMWELL Assistant City Attorney Attorney for City of Dubuque 300 Main Street, Suite 330 Dubuque, IA 52001 [T] 563.589.4381 [F] 563.583.1040 DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGE 1 OF 2 CASE NO. /1-C3((62-- DATE OF INSPECTION ESTABLISHMENT- BUSINESS NAME C�O1A-4..�Ti4ft,,b- �'� ESTABLISHMENT - BUSINESS ADDRESS (Inspection Location) LICENSEE - OWNER t e -obkio %aw.,(ik!)Nt LICENSEE - OWNER ADDRESS TIME OF INSPECTION / 7 3?-. PHONE NUMBER 563-583-370 Nom , r aIL) S (T 6'Yt/ us) PHONE NUMBER 56'3-66 3 -a5a0 LICENSES LIQUOR 'f BEER/co 1NF ❑ LIQUOR/BEER NUMBER Zwo69 -4, 9 3 EXP DATE TOBACCO ❑ NUMBER EXP DATE OTHER SPECIFY ❑ NUMBER PURPOSE FOR INSPECTION EXP DATE EMPLOYEE INFORMATION ROUTINE - ANNUAL DISTURBANCE REPT of UNDERAGE REPT of DRUGS ALCOHOL COMPLIANCE TOBACCO COMPLIANCE ❑ SMOKE FREE AIR ACT FULL INSPECTION ASSIST OTHER AGENCY OTHER (Specify In Narr) FIRE CODE INFORMATION EXIT SIGNS VISIBLE EXITS OBSTRUCTED WITHIN OCCUPANCY LOAD YES NO El CI (❑ • El !g ❑ SMOKE FREE AIR ACT INFO "NO SMOKING" SIGNS VISIBLE IX ❑ ICI ❑ IGJ ASHTRAYS PRESENT PERSONS SMOKING ❑ BARTENDER /�,' NAME / I t�. CLERK AA)6, K.ea koo /0116 ADDRESS ❑ BARTENDER ❑ CLERK NAME DOB 07 f ADDRESS DOB vi PRESENT MANAGE WNE NAME ❑ NOTIFIED IlOrktS PERSONS ARRESTED - CHARGED (Additional on Reverse) ARRESTEE NAME raE■ k .IAI.ru ES4I ARRESTEE NAME DOB a) /c1f e e CHARGE(S) ELL 1/C,0/4):1 7?, GliA )1AI� d t ) DOB ' ARRESTEE NAME DOB CHARGE(S) CHARGE(S) VIOLATIONS OBSERVED or CHARGED, INCLUDING MUNICIPLE INFRACTIONS (Check All That Apply- Details in Narritive) INDIVIDUALS ❑ PUBLIC INTOXICATION - IA 123.46 ❑ PERSONS UNDER 21 IN BAR AFTER 2100 HRS (18 -20 YRS OLD) - DBQ 5 -7.2A ❑ PERSONS UNDER 21 IN BAR AFTER 2100 HRS (UNDER 18) - DBQ 5 -7.2A ❑ POSSESSION ALCOHOL UNDERAGE - IA 123.47 ❑ MISREPRESENTATION OF AGE TO PURCHASE ALCOHOL - IA 123.49(3) ❑ UNLAWFUL USE OF DL OR ID TO PURCHASE ALCOHOL - IA 321.2168 ❑ UNLAWFUL USE OF DL OR ID TO PURCHASE TOBACCO - IA 321216C ❑ DISORDERLY CONDUCT - IA 723,4 • SMOKING IN PROHIBITED AREA :IA 142D.9 ❑ POSSESSION TOBACCO UNDERAGE - FIRST OFFENSE - IA 453A2(A) ❑ POSSESSION TOBACCO UNDERAGE - SECOND OFFENSE - IA 453A.2(C) ❑ POSSESSION TOBACCO UNDERAGE -THIRD OFFENSE- IA453A.2(D) ❑ INTERFERENCE WITH OFFICIAL ACTS - IA 719.0 ❑ OTHER (SPECIFY) REP RTING OFFICER(S) CA2 • e vE i6S7v POLICE CHIEF REVIEW BADGE(S) 0 0 ❑. BUSINESS SERVING INTOXICATED PERSON - IA 123.49(1) EMPLOYEE PROVIDING ALCOHOL TO UNDERAGE PERSON - IA 123.49(2H)(A) OWNER PROVIDING ALCOHOL TO UNDERAGE PERSON - IA 123.49(2H)(B) PROVIDING TOBACCO TO UNDERAGE PERSON 1ST OFFENSE - IA 453A.2 PROVIDING TOBACCO TO UNDERAGE PERSON 2ND OFFENSE - IA 453A.2(A) PROVIDING TOBACCO TO UNDERAGE PERSON 3RD OFFENSE - IA 453A.2(B) LIQUOR IN CONTAINER OTHER THAN ORIGINAL - IA 123.49(2)0 PUBLIC INTOXICATION - IA 123.55 DISORDERLY CONDUCT - IA 723.4 INTERFERENCE WITH OFFICIAL ACTS - IA 719.1 PERMITTING PERSON UNDER 21 IN BAR AFTER 2100 HRS - DBQ 5 -7.2C VIOLATION OF BUFFET DRINKING ORDINANCE - DBQ 5-9 VIOLATION OF SMOKE FREE AIR ACT - IA 1420.9 OTHER (SPECIFY) DATE REPOT FILED 1t 9/t.e f) . DATE SUPERVISOR LICENSE RENEWAL RECOMMEND YES ❑ NO DUBUQUE POLICE DEPT. SUPPLEMENTARY REPORT XX Initial Report Offense: Sell ALCOHOL to Person Under Age sne CASE NO: 11 -63462 _Additional Information Related Cases: Victim: City of Dubuque Page 1 of 2 On December 9, 2011 CPL Eastvedt, LT Steil, and OFF O'Brien were engaged in conducting alcohol and tobacco compliance checks at various businesses in the community during which time Officer O'Brien entered Cookin Something Up, located at 1640 JF Kennedy Road, and observed while 16 year old Compliance Monitor (SK) entered, selected a bottle of wine and approached the clerk in an attempt to purchase the wine. The W/F clerk, identified as KERIANN LESLIE KANE DOB 01/07/1982, requested an ID from 16 year old Compliance Monitor (SK) at which time (SK) provided a valid Iowa Driver's License documenting that (SK) was 16 years of age. KANE inspected the ID then rang up the bottle of Guenoc brand white wine and sold the wine to 16 year old Compliance Monitor (SK) for $11.84. Upon completion of the sale, 16 year old Compliance Monitor (SK) exited the business and niet with Lt Steil at which time (SK) turned the bottle of wine over to Lt Steil. CPL Eastvedt was parked outside Cookin Something Up in an unmarked police vehicle and was able to observe much of the transaction through the front glass of the business. CPL Eastvedt observed 16 year old Compliance Monitor (SK) walk to the checkout counter with a bottle of wine, interact with the clerk (KANE), and then exit with a brown paper bag. Soon after 16 year old Compliance Monitor (SK) exited the business, Officer O'Brien exited and met with CPL Eastvedt and LT Steil. After receiving additional information from Officer O'Brien and Lt Steil, CPL Eastvedt entered Cookin Something Up, approached the W/F clerk, and identified himself as a police officer. CPL Eastvedt then advised the clerk that she had sold a bottle of wine to a 16 year old female. The clerk, who identified herself as KERIANN LESLIE KANE DOB 01/07/1982 via an Iowa Driver's License, advised CPL Eastvedt that she remembered making the transaction but that she checked the youth's ID. KANE then advised CPL Eastvedt that the youth's ID indicated that she was born in June of 2011. CPL Eastvedt advised KANE that would make the youth 6 months old. KANE then revised her statement saying "I saw 2011 somewhere...maybe in red." CLP Eastvedt reaffirmed to KANE that the youth was 16 years of age at which time KANE indicated that she must have evaluated the ID improperly. CPL Eastvedt issued KANE a citation for selling alcohol to a person under the age of twenty -one and released her on her signature. The owner of Cookin Something Up, DORIS GORIUS, was present whe CPL Eastvedt first approached KANE and identified himself as a police officer. At that time GORIUS advised CPL Eastvedt that she was the owner of the business. CPL Eastvedt explained the violation to her and requested to observe the liquor license for the business. After GORIUS presented CPL Eastvedt with the liquor license she advised that she had deliveries to receive and therefore would not be able to talk any longer. Therefore, CPL Eastvedt Prop/Veh Report Filed X_ Continued on SR 10 Current Status Excp Clr DATE: 12/09/2011 Rpt. Off(s): CPL Steve Eastvedt Bdg: L3 CO App: Bdg: DUBUQUE POLICE DEPT. SUPPLEMENTARY REPORT XX Initial Report Offense: Sell ALCOHOL to Person Under Age sne CASE NO: 11 -63462 _Additional Information Related Cases: Victim: City of Dubuque Page 2 of 2 explained the civil penalty process to KANE and asked her to pass the information on to GORIUS and have GORIUS call CPL Eastvedt if she had any questions. CPL Eastvedt explained that since this was a second violation at that business that they would receive notice from the City of Dubuque assessing a Civil Penalty of $1,500.00 and that the liquor license for the business would be suspended for a total of 30 days. The previous alcohol violation occurred at Cookin Something Up on August 24, 2010. Lt Steil recorded the wine purchased at Cookin Something Up on this date on Dubuque Police Department Property In Custody (PIC) form # 0805 -010. The wine was later Photographed by CPL Eastvedt and dumped out by CPL Eastvedt and Lt Steil, as per normal procedure. PropNeh Report Filed _X_ Continued on SR 10 Current Status Excp Clr DA'Z'E: 12/09/2011 Rpt. Off(s): CPL Steve Eastvedt Bdg: L3 CO App: Bdg: INTERMEDIATE DRIVER LICENSE U L)L,\ 1 U UNTIL 06/28/2M DUBUQUE, IA `524 ^2 DL No. 1ss 06/28/2011 Exp 06/28/2 'Glass C End NONE Restrictions Y DD 953318875KS1629F280613D a EXHIBIT P Carousel GUE oC OFFICER'S COPY • , ... . . . . „,..., . IOWA UNIFORM CITATION AND COMPLAINT bUteljoUE POLI6E, bOi.T.i:'• [..ii"...y. - • . • F Ei State of Iowa traCOUnty of pubUque No. 31 t ,Citif of Dubixiite . . rtkiffsi Court at: 2nd Floor , 7th Street and Central AvenUe, Dubusitie, Iowa • if-iifs: ••• ' - 1.,;,, • • nib r•-,, 14 4,1 . •.• • • ' - ,,..1,-ri_ t 4 Pu• ti , • Ilefaridant,I.ast ' -.. First City z b.C.# . 0 / Ci• 9 S C7 9 41/; DBQ Middle • state 12774 ztp •:,of • , • stite • Class . e ' DL End • Rest. DUStatelD Viewed? Yes IN NOD ;063 / Race . Ethn. Al • Sex C- Ht. 5-• °L., Wt. • • W/B/I/A/U• H/N/U iriThefmdetsigned states that On'Ot al:Out /D— / 0 7 / /7o 1./ =.,...-. -. T.clefendant did unlawfully: - • Mo. Day Yr. ...''' .•' ii ' '- '. -'" .;:i:-.1.1-; .----7:5j-: s • : : ' • ; • . : • . Operate Motor Vehicle/Boat (describe) ' • .. .,. - '-i.t.01..i keg? Yes 0 No Ej . • Pass. Encl.-Reg?. Yes 1:] No D HazMat End. Reg? Yes D No 0 . Jteg# • • ' • . State ,..__.-.--.--Year US DOT # . • 11.1parra,publIc.highway at t.;-es,e5X)./..,) (_.,..c.--, .,_-: t-•: 1 filo lk- 1.4., 16 e; ' 6, 3-1::=Nigi.3,-.-.,,, , 3),e:dated in the county and state aforesaid and did then and there commit the following offense: :1itreffic 0 Navigation 0 Snowmobile/ATV D Fish Game 0 Parks 0 Tobacco Sated. Vication/Fine $ • *--.2 "'D- -' 0 Road Work Zone -1.? ,• 6:-.fri'l ' • :. ' V... UriMinal Surcharge $ • . ° 0 Non.sonodulad Violation Co: Eft Surcharge $ ---.'"---: 0 COurtAppearanceRequired (805.10) ::....:, V-.-_:_c.chirt Ccs..t.P. .• $ . A 0 . ,•:, Reason: - " -.., 0 Serieus P.I 0 Fatal Accident ... — r .1.- '.•`? 1••••• on ) 0 Civil Damage Assessment DOther •.:-."-i .', • Violation :-..„, 8 te• lc. ii 5 r i: ,..: Totai Fine/Costa • $ Speed • • in Zone Sec. - 20,_ IA Code .. • ..tio-cal Ord. C" DATA CODEFed/Adm. Code Dated e-•• I r • .• • : • -.4: • ,.4 •,:" • Me. • r Day • Yr. : Officer's Signature I.D. No. • •••,. . Court Date. If you must appear In court or if You" choose to appear tianswer to a charge which does not require an = : - *appearance, report to the above rained court on: . • 1 ' r AM 0 PM Po. Day Yr. IttOTICE: Providing false Information IS a violation of Section 719.3 of the Code of Iowa and Is punishable as an I aggraVatedimisdenteador. • 1otr hereby are given notice that within a reasonable tirne.bill roister than the date scheduled for your initial Faliii)ierance a citetionkemplaint sworn under oath will be filed with ttfe..klitrict court clerk of thecounly In which the.,:, r 11Pj.tainlatyw:IdisiTL below is not a plea of guilty but acknowledges all of the following: Iliereby swear affirm that the Information provided by me on this citation Is true coder penalty of providing false t ....i promise to ingest in said court et said time end piece, or twill comply with theprovIsion on the top of therieveisa Side of,, • Ribs citation, •: " ". ' •• • . . . •: • . , • The following applies: to simple-misdemeanors only: -.--. - : ' t. L' - r"; ..1•'• • . • • .-• - - • . • : . ,-,-,----. 4:i., 1 herehyglve,my,ensecured appearalike:bonel Inthp amount of ArV.12. = . dodge and_onter my.writtenappearence. I. 5-agree that ift fail to appear in person Of by Counsel to deferutsgainit the offense charged In this citation, the Court is • •„ ' ... t...i*thorlied to entiteno*nvicilon and render judgment agetristme for the amount of my appearance bond In satisfaction of the • " iikty and suiirge p nalchlus -ioiirf Opils:•., • • • • • •• ii ' . ' . • •• .. . 1 .. • . .. ... . _. V . \ tit , k A 'at ..,Vi; ...- ; ., 4 ._,A,—. - .. -. `Signiture of Defendaivt • .. •••• •-• .,..siii..iL.i...,1,—. • -:-.--• • >, ' • • . EXHIBIT ef 1 Trial Court Search - Windows Internet Explorer ej https: / /mom iomacourts, state .ia.us /ESAViebApp /TlndexFrm 5 tea, i l3I X j II? Bing File Edit View Favorites Tools Help x x hit Convert • IN Select 0.- i +IF Facebook • . 14, Listen tc music 5 Favorites 5.4 j Search Databases Suggested Sites - Ej Free Hotmail ei Web Slice Gallery ■ re Trial Court Search ra-•J Amazon e. YouTube ❑ 71' Davenport, IA • n CNN - m y Options • - - Dip - safety ■ Tools ■ (i - »f Iowa Courts Online Search Trial Court Case Details Search Results Back PrintAll Pages I Help Home New Search [Summary' Parties Kong Title 1 Property/Lis Pendens Exhibits Financial Bonds Service Returns Traffic Details Criminal ChargesIDisposition� Judgment/Liens R,syser Now! Summary Title: DUBUQUE vs. KANE, KERIANN LESLIE Trial Court Case ID Originating County Created Speedy Trial Microfilm Ref 01311DUSTA0066824 DUBUQUE 1211412011 Citation Number Disposition Status Disposition Date Reopened Date DBQ33370 VIOLATIONS HANDLED BY CLERK 01/06/2012 tabbies' cN=John a PubumO.JUDtcIAL Logon i Register Certain details of case data are only shown to subscribers. You may logon at this time if you are a subscriber, or you may be become a subscriberby registering at this time. There is a $25.00 per month subscription fee. For exclusive use by the Iowa Courts State of Iowa; All Rights Reserved 771-17-719 Internet S- j /it 100% - Trial Court Search - Windows Internet Explorer ` v I httpsif iwrowv .iowacourts.state.ia,ustESN ebAppjTlndexFrm -LJJ PH File Edit View Favorites Tools Help X X tConvert • IS Select [,- 4 © Facebook ►. i1 Listen tic music e ? Favorites I g j Search Databases a Suggested Sites • 4u Free Hotmail Web Slice Gallery • a Trial Court Search Amazon YouTube 71' Davenport, IA • IJ CNN • m s Options • (-f - • Page • Safety • Tools • ? Iowa, Courts Online Search Trial Court Case Details Search Results Back PrintAll Pages Home New Search [Summary.' Parties [Long Thiel [Filings' Property/Lis Pendens Exhibits [Financial) Bonds ] Service Returns Traffic Details [Criminal Charges,/Disposition1 JudgmenvLiens &&giver Now! Charges, Dispositions, Sentences Titles DUBUQUE vs. KANE, KERIANN LESLIE Cage- 01311DUSTA0066824 (DUBUQUE) Citation Number: DBQ33370 Defendant: KANE, KERIANN LESLIE Count 01 Charge Charge: DU14 -2A 3I -B Description: SUPPLY ALCOHOL TO PERSON UNDER AGE - EMPLOYEE Offense Date: 12/09/2011 Arrest Date: Against Type: DPS Number: Adjudication Charge: DU'4- 2A -31 -B Description: SUPPLY ALCOHOL TO PERSON UNDER AGE - EMPLOYEE Adj.: GUILTY - NEGOTLkTED/VOLUNPLEA Adj.Date: 01/06/2012 Adj.Judge: Comments: Sentence Done 7F71-7710 PPP710 Internet ±;100% • A I't�100% • Trial Court Search - Windows Internet Explorer lei https :llwww.iowacourts, state ,ia.us /ESAIVebApp/TIndexFrm zir5 j d 't ?! X it`' Bing P! File Edit View Favorites Tools Help Convert - Select ['Q + idai ® Facebook ;., Favorites 114 Search Databases a Suggested Sites • e Free Hotmail t; Web Slice Gallery • Trial Court Search 14-1 ; Amazon YouTube El 71' Davenport. IA • Io I CNN - m ,;. Options - - - J L�'d - Page - Safety - Tools - Iowa Courts Online Search Trial Court Case Details Search Results Back Print All Pages Help Home New Search [Summand Parties [Long Titlel [Filines1 PropertvoLis Pendens Exhibits [Financial] [Bonds] Service Returns Traffic Details [Criminal Charges ..Disposition) JudgmentfLiens R.girter \out Financials Title_ DUBUQUE vs. KANE, KERIANN LESLIE Case: 01311DUSTA0066824 (DUBUQUE) Citation Number: DBQ33370 Summary Orie Paid Due COSTS 60.00 60.00 0.00 FINE 500.00 500.00 0.00 SURCHARGE 175.00 175.00 0.00 RESTITUTION 0.00 0.00 0.00 OTHER 0.00 0.00 0.00 SUPPORT /ALIMONY $735.00 $735.00 $0.00 N/A 0.00 N/A Detail Pavor/ Obligor/ Payee Obligee Orig Amount Done Pd. Amount Date Receipt True 7En77;—ri� Internet Police Department Law Enforcement Center 770 Iowa Street PO Box 875 Dubuque, Iowa 52004 -0875 (563) 589 -4410 office (563) 589 -4497 fax www.cityofdubuque.ora Dubuque THE I• OF Afl•Ame icaCity Masterpiece on the Mississippi 2007 January 17, 2012 Cookin Something Up, Inc. 1640 John F. Kennedy Road Dubuque, IA 52002 RE: Alcohol Compliance Violation — 2nd Offense Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 Dear Ms. Gorius: On August 25, 2010, Stephanie Gorius, and on December 9, 2011, Keriann Kane, both' employees of Cookin Something Up, violated City of Dubuque Code of Ordinances §4- 2A-3. The purpose of this correspondence is to give notice regarding the civil sanction process, in addition to the criminal offense, for, violation of City of Dubuque Code of Ordinances §4 -2A -3. Because this is a second offense, the civil sanction to be imposed is: a) A one thousand five hundred dollar ($1,500) fine AND b) A thirty (30) day suspension of the license. However, in lieu of the fine and suspension, you may: a) Pay a five thousand dollar ($5,000) fine and serve a thirty (30) day suspension of which sixteen (16) days will be suspended, on the condition that you receive no further violations for a twelve (12) consecutive month probationary period. If there is a violation within the probationary period, the sixteen (16) days which were suspended must be served as agreed upon by the Chief of Police; b) Pay a seven thousand five hundred dollar ($7,500) fine and serve a thirty (30) day suspension of which twenty three (23) days will be suspended, on the condition that you receive no further violations for a twelve (12) consecutive month probationary period, together with two (2) of the following conditions selected by you with the approval of the Chief of Police: • 1. Terminate the employee who acted illegally. 2. Purchase and use identification scanners for use on all alcohol sales. 3. All employees at the time of the violation who may serve alcohol and continue their employment must be trained in Training for Intervention Procedures or other training approved by the City within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date. 4. Use wristbands for patrons twenty -one (21) years of age and older. 5. Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the Chief of Police. 6. Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the Chief of Police. 7. Such other conditions as agreed upon between you and the Chief of Police. If there is a violation within the probationary period, the twenty -three (23) days which were suspended must be served as agreed upon by the Chief of Police; or, c) Pay a fifteen thousand dollar ($15,000) fine and serve a thirty (30) day suspension of which thirty (30) days will be suspended, on the condition that you receive no further violations for a twelve (12) consecutive month probationary period, together with three (3) of the following conditions selected by you with the approval of the Chief of Police: 1. Terminate the employee who acted illegally. 2. Purchase and use identification scanners for use on all alcohol sales. 3. . All employees at the time of the violation who may serve alcohol and continue their employment must be trained in Training for Intervention Procedures or other training approved by the City within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. 4. Use wristbands for patrons twenty -one (21) years of age and older. 5. Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the Chief of Police. 6 Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the Chief of Police. 7. Such other conditions as agreed upon between you and the Chief of Police. If there is a violation within the probationary period, the thirty (30) days which were suspended must be served as agreed upon by the Chief of Police. If you wish to pay the fine and serve the suspension, please review the enclosed suspension guidelines and then contact my office at (563) 589 -4410 by Friday, February 17, 2012 to arrange for payment of the fine and scheduling of the suspension. As the licensee, you have the opportunity to be heard by the City of Dubuque City Council at a public hearing regarding this violation. You may be represented by an attorney, at your own expense, regarding the mandatory civil penalty as, prescribed by Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B -16i As a matter of practice, the public hearing has been scheduled for Monday, March 5, 2012 at 6 :30 p.m. on the second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, IA 52001. If you fail to respond, the Public Hearing in front of the City Council will proceed as scheduled. Please be advised that further violations of Iowa Code §123.49 and City of Dubuque Code of Ordinances §4 -2A -3 will result in the following: • 3rd Violation within two (2) years: $1,500 fine and sixty (60) day suspension • 4th Violation within two (2) years: Revocation of License If you, or the attorney representing you, have any questions regarding this notice, please feel free to contact my office. Thank you for your anticipated cooperation. Mark Dalsing Police Chief Enclosure: Suspension Guidelines cc: Jenny Griffin, Legal Assistant Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 In the Matter of: BEFORE THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 NOTICE AND ORDER SETTING HEARING ON APPLICATION FOR DETERMINATION REGARDING ALCOHOL COMPLIANCE VIOLATION 2ND OFFENSE The Application for Determination regarding Alcohol Compliance Violation, 2nd Offense having been filed by the City Manager with the City Council to determine whether the alcohol licensee, Cookin Something Up, Inc., 1640 John F. Kennedy Road, Dubuque, Iowa, constitutes a second violation of City of Dubuque Code of Ordinances §4 -2A -3, and the City Council having determined that a hearing should be set on the Application and Notice thereof provided to the alcohol license holder. You are hereby notified that a hearing is set for Monday, June 4, 2012 at 6:30 p.m. at the Historic Federal Building, 2nd floor, 350 West 6th Street, Dubuque, Iowa, on the Application for Determination regarding Alcohol Compliance Violation, 2nd Offense, a copy of which is attached hereto. A copy of this Notice shall be posted on the building at 1640 John F. Kennedy Road and a copy shall be delivered personally to alcohol license holder. Dated this 16th day of April, 2012. Attest: Kevin Fi nstahl, City Clerk Ric . J • es, Mayor Pro -Tern PROOF OF SERVICE This subpoena for (name of individual and title, if any) —Donis 6on,u,s gotveri 4D- ue) was received by me on (date) as /2q /z9/t, �wucw I personally served the subpoena on the individual at (place) Ca4),,, So moolp at) /l,Yo S f) on (date) o5/ .29 /zoiz ; or ❑ I left the subpoena at the individual's dwelling house or usual place of abode with (name) , a person residing therein who is at least 18 years old; or ❑ I served the subpoena on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ❑ I returned the subpoena unexecuted because ; or Other (specify): WITNESS FEES No witness fee requested or required under Iowa Code section 622.74. I have tendered to the witness fees for one day's attendance in the amount of. $ and the mileage allowed by law in the amount of $ , for a total of $ My fees are $ for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. Date: oS /z 4 /zoi 0/3 Server's signature S-rW f As"rVEyT Printed name and title MnA-9 1.4-E 24 L.+ ZJI11-Cils■Ehrr &A.)? eel- Server's address EXHIBIT K DUB'fE MEM9'RA1\DUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ASSISTANT CITY ATTORNEY To: Honorable Mayor Roy D. Buol and Members of the City Council DATE: June 4, 2012 RE: Summary of Entrapment Laws State v. Mullen, 216 NW 2d 375 (Iowa 1974). Case involved delivery of a controlled substance. An objective test for the defense of entrapment was adopted. The Iowa Supreme Court held that, "...entrapment occurs when a law enforcement agent induces the commission of the offense, using persuasion or other means likely to cause normally law - abiding persons to commit it. Conduct merely affording a person an opportunity to commit an offense is not entrapment." State v. Tomlinson, 243 NW 2d 551 (Iowa 1976). Case involved delivery of cocaine. Conduct merely affording person opportunity commit offense is not entrapment. The Iowa Supreme Court held, "We have upheld the right of the State to engage in artifice and stratagem to apprehend those engaged in criminal activity." State v. Babers, 514 NW 2d 79 (Iowa 1994). Case involved sale of simulated controlled substance. Iowa Supreme Court holding, And "Entrapment may occur when a law enforcement agent induces the commission of the offense, using persuasion or other means likely to cause law- abiding person to commit it," "Examples of prohibited activity may include extreme please of desperate illness, appeals based primarily on sympathy, pity, or close personal friendship, and offers of inordinate sums of money." OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque. Jim O. Inc. d /b /a Ernie's Avenue Tavern v. City of Cedar Rapids, 587 NW 2d 476 (Iowa 1998). Case involved the sale of alcohol to a minor and an entrapment defense. Iowa Supreme Court holding, And "The appellant contends the violation was 'obtained by fraud.' But for the 'illegal acts' of the police, it argues, the tavern's law- abiding bartender 'would not have been tricked into providing beer to a minor.' The facts revealed by the record simply do not support appellant's claim of entrapment. Entrapment occurs when a peace officer induces an otherwise law- abiding citizen to commit an offense. To rise to the level of prohibited activity the officer's conduct must involve `excessive incitement, urging, persuasion, or temptation," "Appellant cites no authority for its proposition that using seventeen year olds or undercover officers in `sting' operations exceeds the bounds of lawful police conduct." One Way Fare v. Department of Consumer Protection, 96 Conn. App. 780 (Connecticut 2006). Case involved the sale of alcohol to a minor and an entrapment defense. Connecticut Appellate Court holding, And And "An accused may prevail on a claim of entrapment as a matter of law only when it is undisputed, based on the evidence viewed in the light most favorable to the state, that the accused was induced by the state to commit the crimes and was not predisposed to do so," "Evidence of unlawful inducement may be found where the police or an agent acting on their behalf appeal to the accused's sympathy or friendship, or where they repeatedly or persistently solicit the accused to commit the crimes," "The government's conduct was not entrapment because such conduct is not so repugnant to good morals and sound policy as to require dismissal of the proceedings base upon it; indeed, if it were not for similar conduct on the part of the investigators employed by public authorities the convictions of person notoriously guilty of offenses against the law would oftentimes be most difficult or impossible." Motif, Ltd., d /b /a Bo -James v. Iowa Dept of Commerce — Alcoholic Beverages Division, 810 NW 2d 532 (Table) (Iowa 2012). Case involving the sale and service of alcohol to minors. Iowa Court of Appeals, "B.R. and K.B. were told not to do anything deceptive, to tell the truth, and `if they ask for identification, you display the identification. ' C- k ipledge2id. IOWA ALCOHOLIC BEVERAGES DIVISIOM www.Iowa.ABD.com 866.IowaABD