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  • 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

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November 13, 2009

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.

By Michael Schaffer - Managing editor

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.

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This week the Iowegian wants readers to think about the recent decision by the Centerville Municipal Waterworks Board of Directors to increase the fee for late payment of water bills. In a story published in Wednesday's Ad Express, board members announced a 10 percent late fee after two days late, a $50 red tag fee for accounts unpaid after seven days late and a $25 shut off fee, water service terminated after two weeks late. The board said the decision to increase the fees associated with late payment is to encourage customers to pay their bills on time. So, the question this week is, "Are these fees too much to ask for?"

A. Yes, they are.
B. No, they are not.
C. I'm not affected so I don't care.
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