Duncan’s license revoked over smoking ban
West Burlington bar owner Larry Duncan’s liquor license was revoked effective as of 2 p.m. Wednesday.
While that means no more beer, wine or alcohol will flow within the walls of Otis Campbell’s, Duncan said the battle may be lost, but the war against the Smokefree Air Act is not over.
West Burlington Police Chief Alex Oblein said the revocation not only gives Duncan the right to challenge the administrator’s final order, but Duncan also can file for a stay with the district court while awaiting a ruling.
“The goal and the intention is to gain compliance with the law, not to hand out penalties,” said Iowa Alcoholic Beverages Division Administrator Lynn Walding, who issued his decision Wednesday.
In both his final order and in a later telephone conversation, Walding said he did not want to issue a revocation but that it seemed like the only option to attempt to gain compliance with the statewide smoking ban.
“The administrator enters this order to revoke this license with much reluctance but little choice. The licensee has stated in no uncertain terms that he is unyielding in his refusal and unwilling to conform to the requirements,” Walding wrote in the order. “Such refusal is simultaneously a direct assault on both the Iowa Smokefree Air Act and the Iowa Alcoholic Beverage Control Code.”
Duncan said for now he’s letting his attorneys handle his next steps, hoping for a reversal and will issue a longer statement later.
“As far as I’m concerned, we’re one step closer to getting to a judicial magistrate,” Duncan said. “As far as I’m concerned this administrative deal is absolutely a circus.”
He was further upset by the fact that the order came down while his attorney Darwin Bunger is vacationing out of state, something Duncan said the Alcoholic Beverages Division was well aware of.
Though he did not mention it Wednesday, Duncan has said over and over that he’s being denied due process because despite three notices of potential violations, he hasn’t been cited for violating the statewide smoking ban.
Walding’s final order addressed the concerns, stating the Smokefree Air Act specifically cites the fact that violating the ban “may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.”
State Sen. Tom Courtney, D-Burlington, said he’s always interpreted the law to mean that the ABD has jurisdiction on the issue as much as the Department of Public Health.
Walding said later he did not even need the act to be able to sanction a liquor licensee. He said one of the requirements of a liquor licensee is to be in compliance with all of Iowa’s laws.
“If laws are to have any meaning, liquor licensees cannot choose which laws they will follow and which they will disregard,” Walding wrote in the order.
He said his office works with the Iowa Department of Public Health to enforce the law. The Attorney General’s office has been involved in filing the complaints with the ABD.
“Actions against liquor licenses are one of our most effective enforcement tools,” Attorney General Tom Miller wrote in a release. “The principle is simple: Holders of liquor licenses are obligated to follow Iowa law, all Iowa law.”
Wednesday’s ruling also serves as an example to other bars that may not be in compliance, though Duncan said that may backfire by getting more people to rally around his cause.
“For the benefit of those who are complying, we wanted to make sure we bring into compliance all licensees, not just some,” Walding said.
Courtney issued a similar statement after the decision, saying that it sends the wrong message to businesses that are complying if the state ignores those businesses that are not.
He said later that he hopes that means more bars in Burlington come into compliance.
“I think that it’s time, and I don’t want anybody else to lose their license,” Courtney said. “I think everybody was wanting to play by the same playing field.”
Chief Oblein said he wasn’t sure whether it would get the attention of the other bars in the area or not. As far as his concerns go, he really just hopes that Duncan’s business would fall into compliance.
“I would suspect he would not comply with the Smokefree Air Act; that’s just my thoughts,” Oblein said. “I wish he would. I really do … It’s a good business for the community. I wish he would comply with the law and we’d be done with all this stuff.”
Source: Thehawkeye
Tags: new smoking rules
