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Administrative Law Keyed to Schwartz
Smith v. Liquor Control Commission
Citation:
169 N.W.2d 803 (1969)Facts
Iris Smith operated a beer tavern in Albia, Iowa for more than 20 years until March 23, 1968, when she received the Commission’s order confirming the revocation of her beer permit. On January 12, 1968, Elsie Watts, who was helping in Smith’s tavern, sold two 6-packs of beer to Steve Johnson, an 18-year-old minor who presented his draft registration card as identification. Elsie Watts was subsequently indicted, tried, and convicted of selling beer to a minor in violation of Iowa Code § 124.20(3). Smith’s beer permit expired on March 7, 1968, and her application for renewal was withdrawn on March 4, the day Elsie was found guilty. On March 11, the city council approved a new beer permit for Smith, effective the next day. On March 22, the Commission issued an order confirming the automatic revocation of Smith’s original beer permit by operation of law. Smith testified that Elsie was not her regular employee but had helped in the tavern for many years when her regular employee was unavailable, including on the day of the violation. Smith claimed she never paid Elsie and did not see her sell the beer to the minor, though she admitted seeing the minor enter and Elsie approach him.
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