IN RE:
Tennyson Enterprises, Inc.
d/b/a Pizza Hut Of Bloomfield
103 Smith St
Bloomfield, Iowa 52537
License/Permit No. BB0020133
Terry E. Branstad
Governor of Iowa
Kim Reynolds
Lieutenant Governor
Stephen Larson
Administrator ABD
)
)
)
)
)
Docket No. D-2015-00190
)
ORDER
)
This Order requires the Licensee, Tennyson Enterprises, Inc., d/b/a Pizza Hut Of Bloomfield,
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. Tennyson Enterprises, Inc., d/b/a Pizza Hut Of Bloomfield, 103 Smith St, Bloomfield,
Iowa, (Licensee) possesses License/Permit No. BB0020133, and is subject to the jurisdiction
of the Iowa Alcoholic Beverages Division.
2. On June 10, 2015, in criminal case number STA00009006 in Magistrate’s Court for Davis
County, Iowa, the defendant, Michelle Lammert, 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 June 2, 2015, in the abovecaptioned licensed establishment in Bloomfield, Iowa.
3. The Defendant, in criminal case number STA00009006, was an employee of the abovecaptioned Licensee on June 2, 2015.
4. The Defendant, in criminal case number STA00009006, was adjudged guilty of violating
Iowa Code § 123.49(2)(h) and was fined Seven Hundred Forty Dollars ($740.00), 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 STA00009006 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 Tennyson Enterprises, Inc., d/b/a Pizza Hut Of Bloomfield, Bloomfield,
Iowa. The penalty shall be paid to the “Iowa Alcoholic Beverages Division,” 1918 SE
Hulsizer Road, Ankeny, Iowa 50021, no later than January 21, 2016, 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 22nd day of December, 2015, at Ankeny, Iowa.
IOWA ALCOHOLIC BEVERAGES DIVISION
STEPHEN LARSON
Administrator
Witnesses:
Josh Sinnott
ISP, District #13
1300 S Grand, Suite 201
Mount Pleasant, Iowa 25641
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
Bob Henderson
Tennyson Enterprises, Inc.
d/b/a/ Pizza Hut Of Bloomfield
PO Box 677
Ottumwa, Iowa 525010000
Chief Shawn Armstrong
Bloomfield Police Department
110 W. Franklin St.
Bloomfield, Iowa 52537
City Clerk
111 W Franklin
Bloomfield, Iowa 525371696
Lt. Dean Jalas
ISP, District #13
1300 S Grand, Suite 201
Mount Pleasant, Iowa 52641