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STATE v. HY-VEE, INC.

No. 99-0834.

616 N.W.2d 669 (2000)

STATE of Iowa, Appellee, v. HY-VEE, INC., d/b/a Hy-Vee Food Store, Appellant.

Court of Appeals of Iowa.

June 14, 2000.

Attorney(s) appearing for the Case

Kerry A. Finley and Daniel E. Kelly of Finley, Alt, Smith, Scharnberg, Craig, Hilmers & Gaffney, P.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, Fred H. McCaw, County Attorney, and Mark T. Hostager, Assistant County Attorney, for appellee.

Heard by SACKETT, C.J., and HUITINK, VOGEL, MAHAN, ZIMMER, MILLER, HECHT, and VAITHESWARAN, JJ.

VOGEL, J.

Hy-Vee, Inc. (Hy-Vee) appeals its conviction of selling alcoholic beverages to an underage patron under Iowa Code section 123.49(2)(h) and section 123.50(1) (Supp. 1997). Because we find the later statute unconstitutional, we reverse.

Background facts. On May 13, 1998, an employee of a Hy-Vee grocery store in Dubuque sold alcohol to two minors. According to Iowa Code section 123.49(2)(h), a person shall not:

[s]ell ....

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