Appeals court upholds alcohol violation against Bo James

DES MOINES - The Iowa Court of Appeals upholds an Iowa Alcoholic Beverages Division ruling Thursday, which penalizes Bo James in Iowa City, for a second violation of serving underage customers in 2009.

The appeals court reverses the district court's ruling which concluded there wasn't sufficient evidence to show Bo James “failed to exercise reasonable care” in determining if two 20 -year-old patrons, who entered the bar in Jan. 30, 2009 were of legal drinking age.

Iowa City officers conducting compliance checks at 13 restaurant/bars that night had the two 20-year-olds go into Bo James to purchase alcohol. The two were told not to do anything deceptive and to show their identification if asked.

The two underage patrons walked into the bar passed two doormen, without being asked for identification, and went to the bar and ordered two beers, according to the ruling. Again, neither was asked for identification and they were served beer.

The officers then informed the son's owner, Morgan Cohen, the bar failed an alcohol compliance check. Cohen demanded to see the driver's licenses of the under aged patrons and they were shown to him and later to owner Leah Cohen.

An administrative law judge ruled Bo James didn't have a uniform system for identifying underage drinkers, according to the ruling. The servers assume everyone allowed in is legal age because the door person checks identifications. If the door person fails to check identifications, as in this case, then the system fails.

The appeals court ruled there was substantial evidence to support the administrative judge's ruling and the statutory penalty on remand, a second violation penalty - a 30-day suspension and a civil penalty of $1,500 - is appropriate. This was Bo James second violation within two years.