The District Court in Appanoose County entered an order on Nov. 5 staying the 30-day liquor license suspension for Gordie L. Long, the owner of Gordie's Bar and Grill in Centerville.
Judge Daniel P. Wilson, who signed the order, said the court ruled Long had "sufficient likelihood" of success in its appeal of the Alcoholic Beverages Division administrators final order on at least one of the grounds of appeal, jurisdiction of the administrator and constitutional issues, to warrant a stay. The court also took into account "irreparable injury without relief" to Long and no substantial harm to the ABD or the public by granting the stay of execution of the license suspension.
The ABD administrator's final order is suspended until a hearing is held by the district court on the merits of Long's petition for judicial review of agency action. As of Thursday afternoon, no time or date had been set for that hearing.
Long's petition asserts the Smokefree Air Act requires only a judicial magistrate can hear and determine violations, is unconstitutional in terms of equal protection and due process and interferes with and is in violation of the U.S. Commerce Clause.
The 30-day suspension, which was scheduled to begin at 6 a.m. Monday, Nov. 9 and end at 6 a.m. Wednesday, Dec. 9 was first proposed by Administrative Law Judge Margaret LaMarche on April 21 for violating the state's Smokefree Air Act. Following an appeal by Long, ABD Administrator Lynn Walding issued his final order Sept. 30 upholding the proposed 30-day suspension.
The ABD argues Long's application for a stay pending judicial review should be denied because it cannot satisfy four statutory considerations when deciding if an adjudicatory body can stay an agency action.
In January, the Iowa Department of Public Safety filed a hearing complaint against Long alleging she had violated the Smokefree Air Act on multiple occasions at her bar located at 108 N. 13th St. and sought to have her liquor license suspended or revoked.
Local News
Related Photos
-
Gordie L. Long, owner of Gordie's Bar and Grill in Centerville, stands outside her business Monday afternoon, Nov. 9, which was to be the first day of a state-mandated 30-day liquor license suspension. Photo by Michael Schaffer
Share your thoughts!
Centerville bar owner granted court hearing
The owner, Gordie L. Long, petitioned district court for judicial review of the Alcoholic Beverages Division order suspending her liquor license for 30 days.
- Local News
-
-
Mystic couple’s premature baby comes home after extended hospital stay
Nolan Wendland was supposed to be born Jan. 9. Instead, he came home Jan. 8 — after 11 weeks in the neonatal intensive care unit at Blank Children’s Hospital in Des Moines.
-
Daily Iowegian publisher’s photo wins third place in INA contest
Daily Iowegian publisher, Becky Maxwell, took third place in the Best Breaking News Photo category at the 2012 Iowa Newspaper Association’s annual convention in Des Moines Feb. 2-3.
-
100 Day Wellness Challenge update
The first update for the 100 Day Wellness Challenge as of Feb. 5 (Day 13) has been released.
-
Pathfinders RC&D secures grant for map training along byway
Pathfinders RC&D is happy to announce receipt of a grant from Central Iowa Tourism Region to plan and host a map training seminar for businesses along the Historic Hills Scenic Byway as well as surrounding communities.
-
COOKIES FOR SALE
Troop No. 665 Girl Scouts Saturday afternoon were at the Centerville Hy-Vee selling cookies.
-
CITY COUNCIL PREVIEW: Centerville City Council looking to appoint six and accept three resignations
The agenda for tonight's Centerville City Council meeting is loaded with resignations and appointments. The council will vote on three resignations and six appointments.
-
Masonic Lodge open house Feb. 20
An open house is going to be held at the Masonic Jackson Lodge No. 42 in Centerville on Monday, Feb. 20 at 7 p.m. in honor of George Washington’s birthday. It is open to the public.
-
Friends of the Drake Public Library fifth annual raffle prize list
All proceeds will be used to support the library including a subscription for FREE e-books.
-
Appanoose County's rank jumps from 83rd to 2nd in one year
Appanoose County has a chance to be number one in the state. According to Joyce Bieber, executive director of the Centerville-Rathbun Lake Area Chamber of Commerce, Appanoose County is ranked second in the state for participation in the Live Healthy Iowa 100 Day Challenge as of Friday, Feb. 3.
-
Large turnout protests proposed closing of Centerville FSA office
Tuesday afternoon local producers and the public made comments concerning the proposed closing and consolidation of the Appanoose County Farm Service Agency office located in Centerville. Several questioned if the decision hasn't already been made.
-
Girl Scouts selling cookies at Hy-Vee Saturday
The Girl Scouts of local Troop 665 will be selling Girl Scout cookies at a cookie booth sale at Hy-Vee on Feb. 4 from 10 a.m.-4 p.m. The cost per box is just $3.50.
-
Tractors, tractors and more tractors coming to Appanoose County
The 2012 WHO Great Annual Tractor Ride is coming to Centerville and the Rathbun Lake Watershed.
-
SEI Orchestra presents winter concert series
Admission is by season ticket or at the door. Adult tickets are $15 and student tickets are $10. Children under 12 are free. There is no reserved seating. For information contact the symphony office at (319) 385-6352; send email to seiso@iwc.edu or on the Internet at www.seiso.us.
-
Benefit for Fred Jones March 2
A benefit for Fred Jones will be held on Friday, March 2 at Eagles Hall in Centerville.
-
31-year Iowa State Patrol veteran passes away
The Centerville community lost a long-time resident and law enforcement officer on Friday, Jan. 27.
- More Local News Headlines
-
