A West Burlington bar owner has appealed a proposed suspension of his liquor license for violating the state smoking ban. Administrative law judge Margaret LaMarche recommended January 2nd that the Alcoholic Beverages Division suspend the liquor license of Otis Campbell’s Bar & Grill in West Burlington for a minimum of 30 days for repeated violations of the state smoking ban.
The smoking ban went into effect on July 1st. Otis Campbell’s owner, Larry Duncan, had 30 days from the judge’s ruling to appeal the suspension to the administrator of the Alcoholic Beverages Division. Division administrator Lynn Walding will now review the appeal and make a final decision on the proposed action.
Bar owner Duncan is questioning the constitutionality of the law and had to appeal the law judge’s decision to have a chance to move the constitutionality issue ahead and into district court. If he had not appealed, he would have lost his liquor license in February. Duncan’s lawyer has until February 9th to file any information related to the appeal, and the state has until February 23rd to file any response they have.
Walding says there is no time requirement for making a decision on the appeal, but he tells Radio Iowa he would like to make the decision as quickly as possible. Otis Campbell’s can continue serving alcohol while the law judge’s decision is being appealed.