By Michael Schaffer - Managing editor
The owner of Gordie's Bar and Grill in Centerville has lost her appeal of an administrative law judge's decision to suspend the bar's liquor license for 30 days for repeated violations of the state’s Smokefree Air Act.
Lynn Walding, state of Iowa Alcoholic Beverages Division administrator, issued his final order Sept. 30 and ruled to uphold the initial ruling issued on April 21 by Administrative Law Judge Margaret LaMarche. Walding's order states Gordie's Bar and Grill will not be allowed to serve, sell or give away liquor, wine or beer beginning at 6 a.m. Nov. 9 and ending at 6 a.m. Dec. 9.
"The premise may be used for other lawful purposes during the period of the suspension," the order states.
However, the owner of the bar and grill located at 108 N. 13th St., Gordie L. Long, Monday afternoon said she has been in contact with her lawyer and was not ready to throw in the towel.
"It's not a sure thing. I'm going to appeal it. And we'll go from there," she said. "I have not met with my peers."
Long said her appeal would be based on the fact the Smokefree Air Act is unconstitutional and would like to see it adjudicated in Appanoose County.
Long contended following the first smoking violation her business followed the rules, other than when she wasn't present. She cited a subsequent inspection that found cigarette butts under a cooler that could have been there way before the Smokefree Air Act was passed by the Legislature as one reason for the 30-day suspension. Another reason was her reluctance to be lectured for two hours by state officials about the act.
Long said all she wants from the state is "a sign that says this is a smoking establishment. I pay my taxes and everything else. I buy my licenses. That gives me the right to be open. But now they tell me what I can and can't do."
Long said she would have no choice but to close during the month-long liquor license suspension barring a successful appeal because the business doesn't make enough money just selling food.
"I cannot make it on what I serve in food. And I can't afford to keep the help," Long said. "And most of my help can't even draw unemployment. And if they do, it isn't enough to keep them going."
Long said if the state succeeds in closing her business then it is going to have to support her. Long said she has four employees.
Long estimated the month-long liquor license suspension will cost her business approximately $2,700.
