IN RE:
Jeffrey and Cheryl Kamies
d/b/a After 5 SomeWhere
704 West 7th Street
Atlantic, Iowa 50022
License/Permit No. LE0001545
Terry E. Branstad
Governor of Iowa
Kim Reynolds
Lieutenant Governor
Stephen Larson
Administrator ABD
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Docket No. D-2013-00238
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ORDER
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This Order requires the Licensee, Jeffrey and Cheryl Kamies, d/b/a After 5 SomeWhere, to pay
to the Iowa Alcoholic Beverages Division a civil penalty of five hundred dollars ($500.00),
subject to the appeal rights stated below. This Order is issued pursuant to Iowa Code § 123.50
which mandates that the Division Administrator assess specified civil penalties upon licensees
who, either themselves or through their agent or employees, have been found in violation of
Iowa Code § 123.49(2)(h) (underage sales).
STATEMENT OF FACTS
1. Jeffrey and Cheryl Kamies, d/b/a After 5 SomeWhere, 704 West 7th Street, Atlantic, Iowa,
(Licensee) possesses License/Permit No. LE0001545, and is subject to the jurisdiction of the
Iowa Alcoholic Beverages Division.
2. On December 18, 2013, in criminal case number STA0021649 in Magistrate’s Court for
Cass County, Iowa, the defendant, Jeffrey Kamies, pled guilty to, or was found guilty of,
violating Iowa Code § 123.49(2)(h) by selling, giving or otherwise supplying an alcoholic
beverage to a person knowing or failing to exercise reasonable care to ascertain whether the
person was under legal age. The violation occurred on or about November 4, 2013, in the
above-captioned licensed establishment in Atlantic, Iowa.
3. The Defendant, in criminal case number STA0021649, was an employee of the abovecaptioned Licensee on November 4, 2013.
4. The Defendant, in criminal case number STA0021649, was adjudged guilty of violating
Iowa Code § 123.49(2)(h) and was fined Five Hundred Dollars ($500.00), plus court costs and
a surcharge.See attached Exhibit A.
5. Records maintained by the Division indicate that the violation found in criminal case
number STA0021649 constitutes the first violation of Iowa Code § 123.49(2)(h) found against
the above-captioned Licensee, its agents or employees within a period of two years preceding
the date of violation.
CONCLUSIONS OF LAW
6. If a licensee or an employee of that licensee is found in violation of Iowa Code
§123.49(2)(h), the Division shall assess a mandatory civil penalty against the licensee. See
Iowa Code §123.50. Upon a first violation of § 123.49(2)(h), the Division shall assess a civil
penalty in the amount of five hundred dollars against the violating licensee. See
Iowa Code §123.50 (3).
7. The Licensee is subject to the civil penalty provisions of Iowa Code § 123.50(3) because the
Licensee, or an employee of the Licensee, was found in violation of Iowa Code § 123.49(2)(h).
ORDER
8. Pursuant to Iowa Code § 123.50, a civil penalty of five hundred dollars ($500.00) is hereby
assessed against Jeffrey and Cheryl Kamies, d/b/a After 5 SomeWhere, Atlantic, Iowa. The
penalty shall be paid to the “Iowa Alcoholic Beverages Division,” 1918 SE Hulsizer Road,
Ankeny, Iowa 50021, no later than January 23, 2014, unless an appeal of this Order is brought
as provided below.
9. Absent a timely appeal of this Order, failure to pay the assessed civil penalty by the required
date shall be grounds for the imposition of a fourteen (14) day suspension of your license.
See Iowa Code § 123.50.
APPEAL
10. Pursuant to Iowa Code § 17A.18 and 185 Iowa Administrative Code § 10.27, the Licensee
may file a written Notice of Appeal with the Iowa Alcoholic Beverages Division within 30 days
after issuance of this Order. The written Notice of Appeal should be sent to the Administrator
of the Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, and
shall identify the specific portion or portions of this Order being appealed and include a short
plain statement of the reasons for appeal. See 185 IAC 10.27(3). Upon receipt of a timely
Notice of Appeal, the Division shall commence a contested case hearing pursuant to Iowa Code
chapter 17A and 185 Iowa Administrative Code chapter 10.
11. This order shall become the final order of the Iowa Alcoholic Beverages Division if the
Licensee does not file an appeal within the timeframe provided.
DATED this 24th day of December, 2013, at Ankeny, Iowa.
IOWA ALCOHOLIC BEVERAGES DIVISION
STEPHEN LARSON
Administrator
Witnesses:
Trooper Sieleman
ISP - Dist 03
2025 Hunt Ave
Council Bluffs, Iowa 51503
Copies to:
John Lundquist
Assistant Attorney General
Department of Justice
Hoover State Office Building
Des Moines, Iowa 50319
Steve E. Bogle
Iowa Lottery
2323 Grand Avenue
Des Moines, Iowa 50312
Steven Mandernach
Social Gaming Unit
Lucas State Office Bldg.
Des Moines, Iowa 50319
Chief Roger Muri
Atlantic Police Department
23 E. 4th St.
Atlantic, Iowa 50022
CITY HALL CITY CLERK
23 E 4th St
Atlantic, Iowa 50022
Jeffrey L Kamies
Jeffrey and Cheryl Kamies
d/b/a/ After 5 SomeWhere
1505 Chestnut Street
Atlantic, Iowa 50022
Lt. Michael Miller
ISP, Distirct 3
2025 Hunt Avenue
Council Bluffs, Iowa 51503