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WALNUT BREWERY v. IOWA DEPT. OF COMMERCE

No. 08-1894.

775 N.W.2d 724 (2009)

WALNUT BREWERY, INC. d/b/a Rock Bottom Brewery, Petitioner-Appellant, v. IOWA DEPARTMENT OF COMMERCE-ALCOHOLIC BEVERAGES DIVISION, Respondent-Appellee.

Court of Appeals of Iowa.

October 7, 2009.

Attorney(s) appearing for the Case

John Fatino and Nicholas Cooper of Whitfield & Eddy, P.L.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, and John Lundquist, Assistant Attorney General, for appellee.

Heard by VAITHESWARAN, P.J., MANSFIELD, J., and MILLER, S.J.

MANSFIELD, J.

This case presents the question whether the Iowa Alcoholic Beverages Division's (ABD) legal interpretations of Iowa Code sections 123.49(2)(h) and 123.49(3) should be sustained. The ABD interpreted those statutes as requiring the individual who delivers an alcoholic beverage to a customer to ascertain personally that the customer is of legal age, regardless of any efforts previously made by the person who took the order from that customer...

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