Repeated violations alleged of Iowa Smokefree Air Act
The Attorney General’s Office has filed a Complaint with the Iowa Alcoholic Beverages Division alleging “open and continuing failure to comply with all applicable provisions of the Smokefree Air Act” by Otis Campbell’s Bar & Grill in West Burlington. [Go to Complaint.]
The Complaint says the violations are “sufficient grounds for the suspension and/or revocation of the Licensee’s [the bar’s] liquor license” by the Alcoholic Beverages Division. The Alcoholic Beverages Division (ABD) set the matter for hearing at 10 a.m. Monday, September 29, at the ABD hearing room in Ankeny. [At the request of Otis Campbell's attorney, the hearing was rescheduled to 9 a.m. Friday, Oct. 31, 2008.]
The Complaint names Coordinated Estate Services, Inc., of West Burlington, doing business as Otis Campbell’s Bar & Grill and Aunt Bea’s Café. The Complaint was filed Wednesday, Sept. 3.
Iowa’s Smokefree Air Act took effect July 1, 2008. The Complaint states that the Iowa Dept. of Public Health (DPH) received 48 public complaints from July 2 to August 9 that Otis Campbell’s allowed or permitted smoking. DPH issued three notices of potential violation to Otis Campbell’s to inform the establishment of the violations and its obligations under the new law. The Complaint also states that on July 7 and August 4 West Burlington Police officers observed violations of the law at the bar, including individuals openly smoking inside the premises, the presence of ashtrays, failure to post required no-smoking signage, and that employees did nothing to correct or remedy the open violations.
The Complaint states that Iowa law and regulations provide that liquor control licenses and wine or beer permits can be denied or revoked for establishments that violate the laws of the state.