IOWA BEER AND LIQUOR CONTROL DEPARTMENT v. McBLAIN

No. 2-59759.

263 N.W.2d 226 (1977)

IOWA BEER AND LIQUOR CONTROL DEPARTMENT, Appellant, v. Roderick McBLAIN d/b/a J & R Lounge, Appellee.

Supreme Court of Iowa.

October 19, 1977.


Attorney(s) appearing for the Case

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.


REES, Justice.

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...

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