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Bill would cap liability for bars, restaurants in drunk driving cases

By

Michael Breitbach

A senate committee has approved legislation that would limit the liability for Iowa businesses accused of over-serving a customer involved in a drunk driving crash.

If the bill becomes law, a person injured in a drunk driving wreck or the relatives of someone who dies in an accident would be limited to receiving a total of $175,000 from a bar or restaurant. Senator Michael Breitbach, a Republican from Strawberry Point, says the bill’s needed because Iowa bar owners are finding it harder to buy liability insurance.

“Especially in the western part of our area, in our rural areas if you don’t serve food with your beverages, there’s only one company that will write your coverage,” he says.

Breitbach grew up living on the floor above “The Hub” in Colesburg, his family’s bar, and Breitbach says he doesn’t want businesses like it to close because they can’t afford the liability coverage.

“We have a lot of small towns where maybe the only business in the town is the local tavern and maybe they don’t serve enough food that they don’t quality for a better priced policy,” Breitbach says. “We don’t want that business to do away. It might be the backbone of that town.”

Senator Nate Boulton, a Democrat from Des Moines, opposes the bill. He says the current law helps “control risk.”

“In many of these situations, the person that is in the best spot to stop an impaired driver is the one who stops that next drink from being served,” Boulton says. “…What this legislation does is it does tear down some of that responsibility.”

Under current law, a bar or restaurant can be held liable for all damages from an accident if the person was sold or served alcohol and the business did know or should have known the person was intoxicated or was becoming too drunk to drive.

Making it legal for Iowans to bring out-of-state beer and wine into the state

By

Senator Roby Smith talks with a colleague.

It’s currently illegal for Iowans to buy wine or beer in another country or even another state and bring it into Iowa.

Senator Roby Smith of Davenport is sponsoring a bill that, essentially, would let Iowans transport 48 cans of beer or six bottles of wine across the state line.

“This would bring common sense regulations to Iowa,” Smith says.

Smith’s proposal also would deal with wine collectors who live out of state and want to move to Iowa — with more than just six bottles of wine. Under current law, bringing just one bottle of wine into the state is against the law. Smith says he’s personally heard from people living in Illinois who say they can’t move to Iowa because of the current law.

“This is something that just makes it common sense to welcome servicemen and welcome anybody to Iowa on this and that’s what we’re getting at with this bill,” Smith says.

Smith’s bill would have a state official issue permits for out-of-staters to move themselves and their wine collections into an Iowa home. Senator Jim Carlin of Sioux City was part of a three-member subcommittee that reviewed the bill Monday afternoon and he signed off on all the changes.

“This just recognizes consumer realities of purchasing beer, liquor and wine across state lines,” Carlin says.

Under current law you may bring one bottle of liquor into Iowa from another state and four bottles into Iowa from another country. Smith says it appears to him leaving beer and wine out of the mix was simply an oversight. Another border-state senator suggests Iowa retailers who sell beer and wine may resist the change because they don’t want their Iowa customers going across the border to a competitor to buy beer and wine.

Reynolds praises the way legislator’s OWI has been handled

By

Governor Kim Reynolds. (file photo)

Governor Kim Reynolds has talked openly about her decision to quit drinking after two drunk driving arrests 18 years ago.

Today, the governor is publicly offering her support to a legislator charged with operating while intoxicated last Friday morning.

“My thoughts and prayers are with Representative Baltimore,” Reynolds said during her weekly news conference. “It starts with admitting that you made a mistake and he has done that. It starts with taking responsibility and he’s also done and said it was a horrible decision.”

Earlier this month, Reynolds talked about her decision to choose sobriety during her “Condition of the State” message.

“To the thousands of Iowans impacted by addition: I’ve been there. I understand your struggles. My family understands your struggles,” Reynolds said, “and I know that life can be so much better.”

Today, Reynolds praised the way both State Representative Chip Baltimore and House Speaker Linda Upmeyer “handled” Baltimore’s situation. The speaker replaced Baltimore as chairman of the House Judiciary Committee. Baltimore told reporters he’ll plead guilty to first-offense operating while intoxicated and will “never, ever” drive drunk in the future.

Baltimore has not decided whether to seek reelection to the Iowa House. State Senator Bob Dvorsky of Coralville and the late State Representative Greg Forristal of Macedonia both won their bids for reelection after drunken driving arrests.

Representative Baltimore plans to plead guilty to OWI, weapon charge

By

The legislator arrested for drunken driving early Friday morning in Ames plans to plead guilty to the charges. Representative Chip Baltimore, a Republican from Boone, today said he made a “horrible decision.”

“That’s an understatement. I don’t know any other way to describe it,” Baltimore said during an interview. “…The simple matter is I had too much to drink and got behind the wheel.”

Baltimore was charged with first-offense drunken driving and, because he had a gun in his vehicle, he was charged with possession of a gun while intoxicated. House Speaker Linda Upmeyer removed Baltimore as chairman of the House Judiciary Committee this (Monday) morning and appointed another Republican to lead the panel.

“I do not want my situation to be a distraction from the work of the committee,” Baltimore said, “and that’s exactly what it would have been.”

Baltimore told reporters he hasn’t yet decided whether he will seek reelection this fall because he has “other matters” to consider.

“First and foremost, obviously, I’ve got to get the legal matters taken care of,” Baltimore said. “…In terms of the legislature, my goal is to ensure a smooth transition…over to Representative Nunn…we’ve talked already…and then to support him and the committee in any way that I can.”

On Friday in a written statement, the House Speaker said she would work with Baltimore to get him the help he needs.

“We’re going to work through the processes to figure out what that is,” Baltimore said. “I think clearly I want to make sure that I never, ever make that decision again.”

Baltimore, who is an attorney, notified the Iowa Supreme Court of the charges he faces on Friday. The justices on the court decide any discipline for violations of the Iowa Rules of Professional Conduct for lawyers.

“They will make whatever determination they need in terms of how I need to be addressed,” Baltimore said. “…That’s part of the consequences of my decision and I’m accepting full responsibility for that, especially in terms of self-reporting. It’s an obligation that we have as lawyers and I take that seriously and we’ll see where that goes.”

The rules apply to a lawyer’s business and personal affairs. It is a violation of the code to “commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer.”

Baltimore is the in-house counsel for a bank in Boone.

Speaker demotes Boone lawmaker charged with drunken driving

By

Chip Baltimore

The legislator who’s been charged with drunken driving this weekend will no longer be chairman of the Iowa House Judiciary Committee.

Republican Representative Chip Baltimore of Boone was arrested early Friday morning in Ames and charged with operating while intoxicated and possession of a firearm while intoxicated.

House Speaker Linda Upmeyer announced this morning that she has “removed” Baltimore as the leader of the committee because it is “a privilege that requires a higher level of trust and responsibility.”

In a written statement, Upmeyer called “drinking and driving…unacceptable behavior that endangers the lives of all Iowans who wish to travel our roads safely.” She said Baltimore’s actions “were clearly irresponsible and he is being held accountable.”

Baltimore issued a statement too, saying he made a “horrible decision,” takes “full responsibility for it” and “whole heartedly” agrees with his removal as chairman of the House Judiciary Committee.

State Representative Zach Nunn, a Republican from Bondurant, is now chairman of the House Judiciary Committee. Nunn is an Iowa National Guard member and former staffer for Senator Chuck Grassley.

State Representative from Boone arrested for drunk driving

By

Chip Baltimore

A state representative who is chairman of the House Judiciary Committee has been charged with drunken driving after being pulled over on Highway 30 in the Ames area at about 3:30 this morning.

Fifty-one-year-old Chip Baltimore, a Republican from Boone, has been charged with first offense drunken driving. Ames police say Baltimore’s blood alcohol level was 0.14.

House Speaker Linda Upmeyer, the top Republican in the legislature, issued a written statement, saying “drunk driving is unacceptable behavior for anyone, let alone a state legislator.” Upmeyer said “appropriate action” will be taken “quickly.” That might be a reference to whether Baltimore continues leading a committee.

Upmeyer also pledges to “work with Representative Baltimore to get him the help and support that he needs at this time.”

The Ames Tribune reports someone called authorities early this (Friday) morning to report an erratic driver was on Interstate 35 between Ames and Des Moines. In addition to operating while intoxicated, Baltimore has been charged with driving under the speed limit and with veering from lane to lane. He had a pistol in his vehicle and, while Baltimore has a gun permit, authorities have charged with Baltimore with carrying a weapon while intoxicated.

According to the bio for Baltimore on the House GOP’s website, Baltimore grew up on a farm near Oskaloosa. He earned a business degree from ISU and a law degree from the University of Minnesota. He practiced law in Minnesota before moving to Boone. Baltimore is currently in-house legal counsel for a bank in Boone.

North Iowa winemaker says hobby can be easy and inexpensive

By

David Underwood

A CPA from Clear Lake who spends his workdays pouring over financial records to check for red ink is making red wine as a hobby.

David Underwood joined the North Iowa Wine Club about six years ago. He likes a dry wine, especialy reds, so he usually buys grapes from out-of-state that come in a kit.

“You can get real complex if you want, but it can be quite easy and it doesn’t take that long,” Underwood says.

The wine kits Underwood uses have what’s called a carboy. It’s a food-grade plastic jug used to ferment the wine.

“I’ve gotten gold and blue ribbons on my reds as well as my whites,” Underwood says. “…My white was the ‘Best of Show’ at the amateur wine making at the State Fair this year.”

Underwood got his first taste of “communion wine” at church when he was a kid — and he didn’t like the taste. The wine he’s making — and enjoying these days — isn’t that pricey.

“The most expensive thing is when I go out and buy a bottle of wine so that I can get an empty bottle to put my wine in it,” Underwood says. “But you can make a very good bottle of wine….if you count the cost of the cork that you buy — anywhere from $3.50 to $7.”

Underwood generally makes six-gallon batches of wine. That produces about 30 bottles of wine. Red wine tastes best, he says, when it sits in the bottle and ages for six to nine months.

Underwood is the public member of the State Revenue Estimating Conference, the three-member panel that meets three times a year to establish an official prediction of state tax revenue. The figures are used by lawmakers to draft the state budget.

Casey’s drops out of the big box beer wars with big box stores

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The big box stores appear to have won one of the battles in the sale of big boxes of beer in Iowa.

The issue of beer sales came up during the Casey’s shareholder conference call Wednesday.  Casey’s CEO, Terry Handley, says they have reevaluated their strategy in some beer sales.

“Beer is an area I think we talked about in the past in terms of the market being very aggressive, especially in response to the big box stores doing a ‘buy two get one free’ on these premium case products. We have been following that and trying to compete,” Handley says.

He says trying to match those type of beer bargains has not led to big dividends for the Ankeny-based convenience store chain. “And while we have great unit growth — it doesn’t a make up the difference in terms of impact on sales. So we are going to walk away from that strategy and let them be aggressive on those 24 packs, those cases,” according to Handley.

Handley says they won’t give up selling beer. “We are going to concentrate more in wheelhouse — the six packs, the 12 packs — and even singles,” Handley says. Handley says they’ve found more consumer interest in liquor.

“Millennial are moving more toward liquor and wine and away from beer, although they are still very strong in the craft sales. We have over 800 stores now where we sell liquor. It’s our fastest growing category,” Handley says. He says they will stay focused on providing a good variety of liquors to keep up with customer demand instead of trying to match price cuts on cases of beer.

“I don’t think that you’re going to see us keep up with the Walmarts of the world in these deep discounts. It’s just not our program, it’s not our strategy. Let’s just do what we do best,” Handley says.

Casey’s corporate information says the company operates 1,950 stores in 15 midwestern states.

 

Former First Lady Mari Culver pleads guilty to public intoxication

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Former Iowa First Lady Mari Culver has pleaded guilty to being drunk on the last Saturday night of the Iowa State Fair.

Iowa State Patrol troopers provide security during the Iowa State Fair and three troopers observed Mari Culver walking through the fair’s Midway late that Saturday night. They reported she was stumbling, weaving and bumping into people. She was arrested.

A test revealed her blood alcohol level was 0.189. That’s twice the legal limit for driving. She has pleaded guilty to misdemeanor public intoxication and issued a statement, saying she’s “very disappointed” in herself and promises it won’t happen again.

Culver’s husband, Chet, served one term as governor, from January of 2007 through January of 2011.

Davenport beer garden to feature kegs wired to the web

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A Quad Cities businessman plans to open a high-tech craft beer garden in downtown Davenport this fall as part of his new barbeque restaurant.

Dan Bush says he’s wiring the kegs to special software that will monitor the beer volume and beam that information to the web. Bush says lovers of certain brews will never be surprised by their preferred kegs being dry when they arrive.

“So, if you’re on Facebook, if you’re on the website or if you’re on the app, you can just pull it up on your phone,” Bush says. “You can see in real time what’s running low, so if it’s one of your favorites, you can come down and get it.”

The software also teaches customers about the beer — what brewery it comes from, how much alcohol is in it, and even what type of glass it’s served in.

“People are really excited about it,” Bush says. “We don’t have anything like it here in the Quad Cities and it’s something that I definitely think makes it more interactive. The more you can engage people, the better.”

Bush plans to offer about 75 varieties of craft beer when Armored Gardens opens this fall on Davenport’s Pershing Street, across the street from the historic Hotel Blackhawk.

(By Benjamin Payne, WVIK, Rock Island)