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JIM O. INC. v. CITY OF CEDAR RAPIDS

No. 97-875.

587 N.W.2d 476 (1998)

JIM O. INC. d/b/a Ernie's Avenue Tavern, Appellant, v. CITY OF CEDAR RAPIDS and The Alcoholic Beverages Division of the Commerce Department State of Iowa, Appellees.

Supreme Court of Iowa.

December 23, 1998.

Attorney(s) appearing for the Case

Linda Hansen Robbins of Irvine & Robbins, L.L.P., Cedar Rapids, for appellant.

James H. Flitz, Cedar Rapids, for appellee City of Cedar Rapids.

Lynn M. Walding, Assistant Attorney General, for appellee Alcoholic Beverages Div. of the Commerce Dept. State of Iowa.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.

NEUMAN, Justice.

The Alcoholic Beverages Division of the Commerce Department of the State of Iowa imposed a civil penalty of $300 on Jim O. Inc. d/b/a Ernie's Avenue Tavern after one of the tavern's bartenders sold two beers to an underage patron. On appeal from a district court judgment affirming the penalty, Jim O. challenges the constitutionality of Iowa Code section 123.49(2)(h) (1995), alleged substantive and procedural irregularities, and the tactics used by...

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