RECEIVED STATE OF IOWA JAN 2 3 20;] BEFORE THE IOWA DEPARTMENT OF COMMERCE ALCOHOLIC BEVERAGES DIVISION LATION IN RE: Docket No. LJ PS, Inc. d/b/a Olde Main Brewing Company HEARING COMPLAINT AND 316 Main Street PETITION FOR REVOCATION Ames, Iowa 50010 OF LICENSE Liquor License No. LC0033372 The Iowa Department of Public Safety [Department], pursuant to authority granted in Iowa Code 123.14, hereby makes the following complaint against the above-named Licensee. 1. Iowa Code 123.39 permits the Administrator of the Iowa Alcoholic Beverages Division to suspend or revoke a liquor control license of any licensee/permittee who violates any provision of Iowa Code chapter 123. 2. Iowa Code provides that a liquor control license may only be issued to a person of good moral character. 3. Iowa Code 123.3(35) de?nes a person of good moral character as a person who ?has such ?nancial standing and good reputation as will satisfy the administrator that the person will comply with this chapter and all laws, ordinances, and regulations applicable to the person?s operations under [Iowa Code chapter 123].? 4. In evaluating whether a person has suf?cient ??nancial standing? to qualify as a person of good moral character eligible to receive and hold a liquor control license, the ABD may include, but is not limited to, a prospective licensee?s: veri?ed source(s) of ?nancial support and adequate operating capital for the applicant?s proposed establishment, a record of prompt payment of local or state taxes due, a record of prompt payment to the local authority of fees or charges made by a local authority for municipal utilities or other municipal services incurred in conjunction with the proposed establishment, and a record of prompt payment or satisfaction of administrative penalties imposed pursuant to Iowa Code chapter 123. 185 Iowa Admin. Code r. 42(4). 5. Iowa Code provides that a liquor control licensee and its employees and agent shall not knowingly permit or engage in any criminal activity on the licensed premises. See also 185 Iowa Admin. Code r. 6.- Iowa Code provides that as a condition of licensure, a liquor control licensee shall permit representatives of the ABD to enter upon those areas of the premises where alcoholic beverages are stored, served, or sold, without a warrant during the business hours of the licensee to inspect for Violations of chapter 123. See also 185 Iowa Admin. Code r. 7. Iowa Code ?123.33 provides that every liquor control licensee ?shall maintain records, in printed or electronic format, which include income statements, balance sheets, purchase and sales invoices, purchase and sales ledgers, and any other records as the administrator may require. The records required and the premises of the licensee shall be accessible and open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee.? 8. Iowa Code 123 provides that a liquor license or wine or beer permit may be revoked upon the occurrence of any event that would have resulted in the disquali?cation of an applicant from receiving the license or permit. 9. Iowa Code 123.3 provides that a liquor license or wine or beer permit may be revoked upon the failure or refusal on the part of any licensee or permittee to render any Page 2 of 6 report or remit any taxes to the division under this chapter [Iowa Code chapter 123] when due. 10. Iowa Code ?123.137 provides that a person holding a special class beer permit shall, on or before the tenth day of each calendar month make a report under oath to the ABD showing the exact number of barrels of beer, or fractional parts of barrels, sold by the beer permit holder during the preceding calendar month. The beer permit holder shall, at the time of ?ling the report, pay to the ABD the amount of tax due at the rate ?xed in Iowa Code 123.136. COUNT I 11. The Licensee has failed to maintain the requisite good moral character required of all persons who possess a liquor control license in violation of Iowa Code and See Iowa Code 185 Iowa Admin. Code r. CIRCUMSTANCES 12. The Licensee?s class liquor control license with special class beer permit brew pub privilege was conditionally renewed by the ABD pursuant to a consent agreement entered between the ABD and the Licensee on October 9, 2018. See Exhibit A Consent Agreement. Through this agreement, the Licensee voluntarily agreed to serve a probationary term with assurances that it would pay state taxes owed to the Iowa Department of Revenue, maintain dram liability insurance on the licensed premises, maintain active corporation status with the Iowa Secretary of State?s Of?ce, and timely remit suf?cient payment for all beer barrel taxes owed to the ABD. See Exhibit the date of ?ling of this Hearing Complaint and Petition for Revocation of License, the Licensee, LJ PS, Inc., is not paying sales tax and/or withholding tax owed to the Iowa Department of Revenue. An ABD investigation revealed that approximately Page 3 of 6 $72,109.60 in sales tax and penalty was owed to the Iowa Department of Revenue and approximately $46,130.11 was owed to the Iowa Department of Revenue for withholding tax not paid from the 3rd quarter of 2016 through the 2??1 quarter of 2018. 14. As of the date of filing of this Hearing Complaint and Petition for Revocation of License, the Licensee, LJ PS, Inc, is not reporting or remitting beer barrel tax owed to the ABD. The Licensee failed to report and remit full payment for beer barrel tax owed to the ABD on October 10, 2018, November 10, 2018, December 10, 2018, and January 10, 2019, respectively. Additionally, an ABD investigation revealed that beer barrel tax has not been reported or remitted by the Licensee since January of 2016. 15. Investigation by the ABD also revealed that the Licensee has failed to timely make payment for municipal utilities to the city of Arnes, Iowa, for its licensed premises. During the billing period beginning January 26, 2015, and ending November 28, 2018, reviewed by the ABD, the Licensee failed to pay the city of Ames, Iowa, 47 months out of the 47 months reviewed in conjunction with the proposed establishment. 16. The Licensee?s failure to: I) pay all state taxes owed to the Iowa Department of Revenue; 2) report and/or remit beer barrel tax owed to the and, 3) pay to the local authority fees for municipal utilities each independently exhibit a sufficient lack of good moral character to disqualify the Licensee from holding a liquor control license with a special class beer permit brew pub privilege in the state of Iowa. 17. Additionally, under the terms of the Consent Agreement entered into by the parties, the Licensee?s continued failure to: 1) pay state taxes owed to the Iowa Department of Revenue; and/or 2) report and remit beer barrel tax owed to the ABD each subject the Page 4 of 6 Licensee?s liquor control license with special class beer permit brew pub privilege to immediate revocation, suspension, or denial of future renewal. See Exhibit A at 1i 2. COUNT II A 18. The Licensee has failed to maintain all records required by law and/or provide representatives of the ABD with prompt access to all such records for inspection in violation of Iowa Code and 123.33. CIRCUMSTANCES 19. During the course of an ABD investigation, ABD Investigators both requested and ultimately subpoenaed business records from the Licensee including sales receipts, beer invoices, and brewer?s records. The Licensee failed to and fully comply with these records requests. 20. The Licensee either could not produce the requested records because it did not maintain the records as required by law or failed to cooperate with ABD investigators by refusing to provide access to the requested records. COUNT 21. The Licensee has failed to timely ?le all required beer barrel tax reports and/or fully remit all beer barrel taxes and penalties owed to the ABD in violation of Iowa Code 123.136, and Iowa Code ?123.137. CIRCUMSTANCES 22. As of the date of ?ling of this Hearing Complaint and Petition for Revocation of License, the Licensee, LJ PS, Inc., is not reporting or remitting beer barrel tax owed to the ABD. An ABD investigation, revealed that beer barrel tax has not been reported or remitted by the Licensee since January of 2016. Page 5 of 6 WHEREFORE, the Iowa Department of Public Safety requests that the Administrator revoke Liquor License number LC0033372 with a special class beer permit brew pub privilege and/or enter any other appropriate sanction against the Licensee for the above-stated violations. THOMAS J. MILLER ATTORNEY GENERAL OF IOWA JOHN Assistant Attorney General 2nd Floor, Hoover State Of?ce Building Des Moines, Iowa 50319 (515) 281- 3658 (Of?ce) john.lundquist@ag.iowa. gov Page 6 of 6 A STATE OF IOWA BEFORE THE IOWA DEPARTMENT OF ALCOHOLIC BEVERAGES DIVISION EN RE: LIPS, Inc. de/a Olde Main Brewing Company 316 Main Street Ames, Iowa 50010 CONSENT AGREEMENT Liquor Licensech LC0033372 The Iowa Alcoholic Beverages Division (ABE) and LIPS, Inc. (Applicant) enter into this Consent Agreement (Agreement) pursuant to Iowa Code sections and 123.39.. 1. The parties acknowledge the following: (A) A liquor control license may only be issued to aperson who is of good moral character as de?ned by this Iowa Code Chapter 123. Iowa Code (B) A person of good moral character means any person who, among other requirements, is a person that has such ?nancial standing and good reputation as will satisfy the administrator that the person will comply with this chapter and all laws, ordinances, and regulations applicable to the person?s operations under this chapter. Iowa Code 123.3 (C) The administrative rules provide that an applicant?s ??nancial standing" may include but is not limited to: ?veri?ed source(s) of ?nancial support and adequate operating capital for the applicant?s proposed establishment, a record of promptpayment of local or state taxes due, a record of prompt payment to the local authority of fees or charges made by a local authority for municipal utilities or other municipal services incurred is with the proposed establishment, and a record of prompt payment or satisfaction of administtatixie penalties imposed pursuant to lows {lode chapter 123.? 185 Iowa Admin. Code (It) The Appliean?c?s class liquor control license with a brewpub privilege application for the 2018le license term was submitted to and approved by ,4 the local authority pursuant to Iowa Code section 123.320). The ABD has L?d Bet: LL ?st sotoo commenced review of the Applicant?s liquor license application to determine whether the Applicant meets all statutory requirements for obtaining and holding a class liquor control license with a brewpub privilege. Iowa Code? (E) investigation via the ELieensiog system by the ABD revealed that since Begum: of 2886: i. The Applicant and/or the owners of record have had delinquent tax debt owed to the Iowa Department of Revenue (IDR) at least 7 times in which IDR submitted a License Sanction Request. iiLiR hes noti?ed us that sales tax and withholding tax is currently owed by the Applicant and a sales tax revocation hearing is currently scheduled in October 2018. 2. The Applicant?s dram insurance for its class liquor control iicense has been cancelled 7 times. A dram cancellation is contend)! on the for failure to maintain dram insurance on the licenSecl premises. 3. "the Applicant's previous liquor license applications have been ciecied 3 times because LIPS, Ice. was not an active corporation with the Iowa Secretary of State?s of?ce and, therefore, not licensed to do husiness in the state of lows. LIPS, Inc. is currently not active with the lows Secretary of State ?s Of?ce and, therefore not licensed to do i-icsiness in the state of lows. 4. ?She Applicant failed to provide accurate bank account information stile? had insuf?cient funds in its bank account to cover electronic footie transfers (EFTs) for 4 of the Applicant?s beer barrel tax ceyrcents to the ABE associated with the brewpub privilege to and sell beer at the manufacturing premises for on or off premises consumption to consumers. Three of the beer barrel tax eayrcents were received after the tenth day of the calendar month in which the beer bae?el tax was due and therefore not received timely as required by lows Code 123.137. The EFTs for these 3 late beer here's]; tax payments were subsequently declined on April 5, 2016. A rim beer barrel tax payment was also declined on April 22, 2016. 5.. The comment failed: to provide accurate bank account information emitter had insufficient funds in its bank account to cover an eleehcsie fund transfer (EFT) to the ABD through the online iieecsieg system 1shes attempting to pay for its 2015-46 license renewal fee of $2378.00 and its 2018-?19 license renewal fee of $32,778.00. {is a consequences the EFTs the Applicant submitted to the for its renewal fees were declined on October 28, 2.0 i39 teed October 28, 2018, sespectively. 9911'- lL The Applicant and/or the owners of record are on a pament plan for sales tax debt owed on a prior business to the Iowa Department of Revenue. The Applicant eventually submitted to the ABD all necessary correct information and/or ?mds to cover the declined EFTs described above. (F) Ks. iiq?noi? license applicant?s failure to: pay state taxes owed; failure ?to maintain dram liability insurance on the licensed premises; failure to maistain an active corporation status with the Iowa Secretary of State?s titties; failure to timely remit suf?cient payment for either a requested license or beer barrel tax owed to the ABD re?ect negatively upon that applicant?s financial standing and thus can form the basis for determining that an applicant lacks the teatiisite good moral character to hold a liquor conitoi license. See Iowa Code See also Iowa Code 3733 {de?ning person. of good moral character); 185 Iowa Admin. Code 42(4). In recognise ct" its past failure to pay state taxes owed, failure to maintain dram tab! 7 insistence on the licensed pteniises, failure to maintain an active cosporation saints wa the {nine Secretary of State?s of?ce, and failure to timely remit sufficient payment either a requested license or beer barrel tax owed to the ABD as described above in si?opazagraph 1-8, the Applicant voluntarily agrees that as a condition for issuance of? a 3?s? ?C?iiq1*ior control iicense with a brew pub privilege, the Applicant shall, serve a on pro (ationaiy term commencing upon the Administrator?s or his tiesignee?s appiitwal at? tints Agreement. The Applicant?s class liquor control license with brewpub ptiniiege shall be subject to immediate revocation, suspension, or denial of renewal should tee enpiicant dating the probationary term fail to pay state tones owed to tifie Tera lite ancient of Revenue, fail to maintain dram liability insurance on trite iicenset?i pt'einisesj tail to obtain active status with the Iowa Secretary of State?s (?itice and soybean: an active ceiporaticn status with the Iowa Secretary of State?s of?ce Oii? faiiuse "to ?iitntiy assent snificient payment fot either a requested license or beer ?oatsel tan oweti to ABE . ?or of the Applicant?s agteernent to serve a probationary term and . n, asy assnrances that it will pay state taxes owed to the its-Etta Eepat'tsn nt of?? i?R?genzennea maintain than} liability insurance on the licensed premises, and in, ?is one status with the lowa Secretary of State?s Office, and timely ?tiilli setticient paynient for either a requested license or beer barrel tax owed to the A1335 the 1137*: ag to issue the class liquor control license with wapcb pain may all otlier attendant privileges for the entire 2018?19 license term sect to tit acteei ?31 (conditions imposed scene in paragraph 2. i 99?: LL LL By entering into this Agreement, the Applicant acknowledges and voluntarily waives its right to adjudicate the merits cf the pending application for issuance of its Iowa tetaii liquor COt?ti?t?Oi license through the commencement of a contested case beicte the ABE, and all rights attendant to a contested case proceeding including the right to seekjudicial review cfthe actions. 51? This: ftgteement shalt} be made a pert of the record of the Applicant and may be considered by is in determiniug the mature and severity of any disciplinary action te is?: impesezi cm the Appiicent for any violations of the laws encircles governing the :taie. sed sewice et?e?ieciiciic beverages. t3. The veinetar?y submits this Agreement to the ABD for its Weieetetioe. ?iThie zigteemetn is cetitisgeet upon the approval of all parties. The failure I the the j'tii?ii} {>157 tite to accept terms of this Agreement shall render the nut? steiti withc?ut fetce or effect upon any party. If all parties approve this Agteemen?t? the Agreement shall fully dispose of all issues in this matter. 7, Titis is: it public tecctci and sheiibe available for public inspection. the terms cf this Ccnsent Agreement are agreed to and accepted by the {ewe Aiceheiie @evemgee Divisien end Appiicant LIPS, Inc; EGWA ALCOHOEJIC BEVERAGES I 0/ hie/f; .. By: j" ?ll-ti 2/ 5/ . I Kitten Ermine Date Administrator?s . if Birgit? ?22 Mtg, ittc. ate 4 ?it? 8917th ?ot ectoo RECESVED JAN 2 3 20 31] STATE OF IOWA REGULATION BEFORE THE IOWA DEPARTMENT OF COMMERCE ALCOHOLIC BEVERAGES DIVISION IN RE: Docket No. Enterprises, Inc. d/b/a Corner Pocket, Taphouse HEARING COMPLAINT AND 125 Main Street PETITION FOR REVOCATION Ames, Iowa 50010 OF LICENSE Liquor License No. LC0023167 The Iowa Department of Public Safety [Department], pursuant to authority granted in Iowa Code 123.14, hereby makes the following complaint against the above-named Licensee. 1. Iowa Code 123.39 permits the Administrator of the Iowa Alcoholic Beverages Division to suspend or revoke a liquor control license of any licensee/permittee who violates any provision of Iowa Code chapter 123. 2. Iowa Code provides that a liquor control license may only be issued to a person of good moral character. 3. Iowa Code 123.3(35) de?nes a person of good moral character as a person who ?has such ?nancial standing and good reputation as will satisfy the administrator that the person will comply with this chapter and all laws, ordinances, and regulations applicable to the person?s operations under [Iowa Code chapter 123].? 4. In evaluating whether a person has suf?cient ??nancial standing? to qualify as a person of good moral character eligible to receive and hold a liquor control license, the ABD may include, but is not limited to, a prospective licensee?s: veri?ed source(s) of ?nancial support and adequate operating capital for the applicant?s proposed establishment, a record of prompt payment of local or state taxes due, a record of prompt payment to the local authority of fees or charges made by a local authority for municipal utilities or other municipal services incurred in conjunction with the proposed establishment, and a record of prompt payment or satisfaction of administrative penalties imposed pursuant to Iowa Code chapter 123. 185 Iowa Admin. Code 5. Iowa Code provides that a liquor control licensee and its employees and agent shall not knowingly permit or engage in any criminal activity on the licensed premises. See also 185 Iowa Admin. Code 6. Iowa Code provides that as a condition of licensure, a liquor control licensee shall permit representatives of the ABD to enter upon those areas of the premises where alcoholic beverages are stored, served, or sold, Without a warrant during the business hours of the licensee to inspect for violations of chapter 123. See also 185 Iowa Admin. Code r. 7. Iowa Code ?123.33 provides that every liquor control licensee ?shall maintain records, in printed or electronic format, which include income statements, balance sheets, purchase and sales invoices, purchase and sales ledgers, and any other records as the administrator may require. The records required and the premises of the licensee shall be accessible and open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee.? 8. Iowa Code provides that a liquor license or wine or beer permit may be revoked upon the occurrence of any event that would have resulted in the disquali?cation of an applicant from receiving the license or permit. Page 2 of 6 COUNT I 9. The Licensee has failed to maintain the requisite good moral character required of all persons who possess a liquor control license in violation of Iowa Code and See Iowa Code 185 Iowa Admin. Code r. CIRCUMSTANCES 10. The Licensee?s class liquor control license was conditionally renewed by the ABD pursuant to a consent agreement entered between the ABD and the Licensee on October 9, 2018. See Exhibit A Consent Agreement. Through this agreement, the Licensee voluntarily agreed to serve a probationary term with assurances that it would pay state taxes owed to the Iowa Department of Revenue, maintain dram liability insurance on the licensed premises, and maintain active corporation status with the Iowa Secretary of State?s Of?ce. See Exhibit the date of ?ling of this Hearing Complaint and Petition for Revocation of License, the Licensee, Enterprises, Inc, does not have an active sales tax permit with the Iowa Department of Revenue and is not paying sales tax owed to the Iowa Department of Revenue. 12. On November 5, 2018, the Licensee failed to maintain drain liability insurance on the licensed premises resulting in the ABD suspending the liquor license issued to Enterprises, Inc. d/b/a Corner Pocket, Taphouse as of 12:01am. on that date. The ABD subsequently lifted the dram summary suspension later on November 5, 2018 after the Licensee presented satisfactory proof of dram liability insurance to the ABD. The ABD has received additional notices of dram insurance cancellation regarding the Licensee on November 6, 2018, and January 3, 2019. Page 3 of 6 l3. As of the date of ?ling of this Hearing Complaint and Petition for Revocation of License, the Licensee, Enterprises, Inc., has an inactive corporation status with the Iowa Secretary of State?s Office. 14. Investigation by the ABD also revealed that the Licensee has failed to timely make payment for municipal utilities to the city of Ames, Iowa, for its licensed premises. During the billing period beginning January 26, 2015, and ending November 28, 2018, reviewed by the ABD in Case 2018?0040, the Licensee failed to pay the city of Ames, Iowa, 45 months out of the 47 months reviewed in conjunction with the proposed establishment. 15. The Licensee?s failure to: 1) maintain an active sales tax permit; 2) pay state taxes owed to the Iowa Department of Revenue; 3) maintain continuous dram liability insurance on the licensed premises; 4) maintain an active corporation status with the Iowa Secretaiy of State?s Of?ce; and, 5) pay the local authority fees for municipal utilities each independently exhibit a suf?cient lack of good moral character to disqualify the Licensee from holding a liquor control license in the state of Iowa. 16. Additionally, under the terms of the Consent Agreement entered into by the parties, the Licensee?s continued failure to: l) pay state taxes owed to the Iowa Department of Revenue; 2) maintain dram liability insurance on the licensed premises; and/or 3) maintain an active corporation status with the Iowa Secretary of State?s Of?ce each subject the Licensee?s liquor control license to immediate revocation, suspension, or denial of future renewal. See Exhibit A at ll 2. Page 4 of 6 COUNT II 17. The Licensee has failed to maintain all records required by law and/or provide- representatives of the ABD with prompt access to all such records for inspection in violation of Iowa Code and 123.33. CIRCUMSTANCES 18. During the course of an ABD investigation, ABD Investigators requested access to business records of the Licensee including sales receipts, and beverage invoices. The Licensee failed to and fully comply with these records requests. 19. The Licensee either could not produce the requested records because it did not maintain the records as required by law or failed to cooperate with ABD investigators by refusing to provide access to the requested records. COUNT 20. The Licensee or its agents or employees have knowingly engaged in criminal activity on the licensed premises by making taxable sales to the public without possessing an active Iowa sales tax permit in violation of Iowa Code 123 423.36 and/or See 185 Iowa Admin. Code r. 21. The Licensee continues to make taxable retail sales to the public even though its Iowa sales tax permit was revoked by the Iowa Department of Revenue in 2004 and has not been reinstated since. WHEREFORE, the Iowa Department of Public Safety requests that the Administrator revoke Liquor License number LC0023167 and/or enter any other appropriate sanction against the Licensee for the above?stated violations. Page 5 of 6 THOMAS J. MILLER ATTORNEY GENERAL OF IOWA (NA Assistant Attomey General Floor, Hoover State Of?ce Building Des Moines, Iowa 50319 (515) 281- 3658 (Of?ce) john.1undquist@ag.i0wa. gov Page 6 of 6 A STATE OF IOWA BEEF-ORE THE IOWA DEPARTMENT OF COMMERCE ALCOHOLIC BEVERAGES DIVISION IN RE: Enterprises? Inc. d/b/o Comer Pocket, 38?s ?faphouse $25 Main Street CONSENT AGREEMENT Amos? Iowa 508 - and Liquor: License No: iCti?ltEBJW The loo-re Alooholic Beverages Division (ABD) and Enterprises, Inc. {Aoo?iiean? enter into this Consent Agreement (Agreement) pursuant to Iowa Code sections 1711339 and ?23.32. 1. The parties oclmowledge the following: is coon-oi license may only be issued to a. person who is of good ososol ooios.:3ter as de?ned by this Iowa Code Chapter 123. Iowa Code (B) A Esersoo of good moral character means any person who, among other tomo?a is :1 person she: has such ?nanoiel standing and good silos :23 will sotisfy the administrator that the person will comply with oi.s shooter and all laws, ordinances, and regulations applicable to the person ooeso?tioos under this chapter. Iowa Code ?is administrative soles provide that an applicant?s ??nancial cussing? we] iocludeg bus: is oot limited to: ?veri?ed source(s) of ?nancial softest adequate operating capitai for the applicant?s proposed as?soiisisoeot, record. of psompt psyment of local or state taxes due, a some or? exempt payment to the local authority of fees or charges made by lei o?er"; foe utilities or other municipal services incurred "1 wish the establishment, and a record of prompt i i of admioiso?e?tive penalties imposed pursuant to 2 :1 shooter 123.? 185 Iowa Admin. Code I. we sioz?s oless sow license application for the 2018-19 woe submitted to sod spproved by the local authority pursuant 4 9'5! Bibi? 80190 Applicaet?s liquor license application to determine whether the Applicant meets alt statutory requirements for obtaining and holding a class liquor control license. Iowa Code (E) investigation via the ELicensing system by the ABD revealed that since of 2006: 5.5.5 .5 The Applicant and/or the owners of record have had delinquent tax debt: owed to the Iowa Department of Revenue (IDR) at least 6 536?? Mao times in which IDR submitted a License Sanction Request. T'ie Apeticant?s liquor control license was suspended under a igicease Sanction Request in August of 2016 for failure to pay taxes (rated to tea iowa Department of Revenue. 2. ?32f?t5e Aepticant?s dram insurance for its class liquor control .T :55- has hear: caeseited 14 times: The Applicant?s liquor control arse was suspended in April 20l7 for failure to maintain dram i: 5551255195: 555: the licensed premises. 3. files 53552-551 icant?s previous liquor license applications have been 53555"! 5 times because Enterprises, inc. was not an active vocation with the lewa Secretary of State?s office and, therefore, 55; eased to do tresiriess it: the state of Iowa. "tie 5: is currently not active with the Iowa Secretary of State?s {lf?ce 55 therefore, not licensed to do business in the state of Iowa. The Aeoliczast?s 55am was eveatrsaliy reinstated or: the 14 dram 5:25su5'ar5ta caecetlaticss asst the Apelicant and/or the owners of record paid the tax 5355 owed to the lows. Department of Revenue. (F) 55 555555552: lie 2 pelicant?s tailure to pay state taxes owed, failure 5512572555555: 55 liabili 5y hisueance or: the licensed premises, and failure to 5355555 states with the lowa Secretary of State?s 5. 25:5?: 2:355:15)? cor :5:-Etta 5:5:5?ilect :aegatively uses: that apelicant?s ?nancial standing and thus 5:5 the basis ?05 determining that an applicant lacks the requisite good 5.5505555; we to hold a homer costarol license. See Iowa Code 925 also lattes. Soda ?83364) (de?ning person of good 5 moral ?55555555; 185 55:55:52: Admin Code 42(4). 25555 of its past failere to prometly pay state taxes owed, failure to 55555555555Ce 5555 the licensed oremises, and. failure to maintain an active corpora tier with the lows. Secretary of State?s of?ce as described above in sohparagraph J'seelicaot e'cleetarity agrees that as a condition for issuance of a class liquor 53555555535 the Applicant shall serve a one-year probationary term commencing 55o attitrtioistz?ator?s or his desigoee?s approval of this Agreement. The 2. In race-gait maintain drare ?57 5 9d 925: ?95 some Aeolieant?s class control license shall be subject to immediate revocation, suspension, or denial. oi" senewal should the Applicant during the probationary term fail to pay state taxes owed to the Iowa Department of Revenue, fail to omintain dram liability insm'ance on the licensed premises, and/or fail to obtain active status with the lows Secretary of Steele?s Gf?ce and maintain an active corporation status with the Iowa rt . - 33-" Jens}; of Slaie cities. 3. in ezotdemce of the Applicant?s agreement to serve a probationary term and {be Applicant?s wolee't-asy assurances that it will pl?O pay state taxes owed to the ill see Depetimeni of weenie, maintaie exam liability insurance on the licensed premises, :3 obtain an?3 znaioiten eeiive status with the Iowa Secretary of State?s Of?ce, the ABD . we to issue she class liquor control license with all attendant 2533. so 0 license tel-n1 subject to the agreed upon conditions ?1 essence above. 34 A. 5? We be Agreement, the Apelieam; acknowledges and voluntarily use the arteries oftbe penc?jeig apelication for issuance of its res: rense through tile commencement of a contested case eciere 3. end all rights attendant to a contested case proceeding ole iisdicial review oi?t?ne actions. including also rest to . shall be made a part of tbe record of the Applicant and may be i Rewriting}; the eaters see severity of any disciplinary action ?323272311: for any: fete-see violations oi?tbe laws and soles governing ear-silos alsobolie beverages. .1 1, i . ?4 isle sadio Ethel 3 xi; voientei?ily submits this Agseeroent to the A31) for its is coetion'eet upon the apesoval of all parties. The failure Jig-V. elicant to accept all teens of this Agreement shall render the a. er? voio? without force or effect upon any party. If all parties agipmve ibis Agreement? time Agreemeet shall fully dispose of all issues in this matter. [a a: .. cox/Hm". ifee< is 2.: public owl and shell be available for public inspection. be terms of be Consent Agreement are agreed to and accepted Division and Applicani (3 Enterprises, inc. by: the lows: filaieebol- .. 'Bl actoo NA AI COHQL DIVISEON fay/re wa?/ M2 am Exeun?? ?ate m? 9197:er {132% A) x?I/Z/gy 22m 7:436; 81?? Bate g'ci 98?: '81? 80100