Judge says Jell-O shot is alcoholic beverage

Even when mixed, vodka and Jell-O is still makes an alcoholic beverage, an administrative law judge ruled.

Owners of The Union Bar in Iowa City argued their Jell-O shots did not qualify as an alcoholic drink since it didn't possess enough alcohol to qualify as one, but last week, Administrative Law Judge Laura Lockard shut down the claim.

The bar has been ordered to pay a civil penalty of $500 to the Alcoholic Beverages Division.

During a hearing on Nov. 24, 2009 regarding a complaint filed by the Iowa Department of Safety stating a bar employee sold a Jell-O shot to a patron without verifying their age on Jan. 31, 2009, bar owners offered an array of arguments.

According to documents from the Iowa Alcoholic Beverages Division, the bar owners argument stemmed from the question of whether Jell-O is classified as a food or a beverage.

“There is no evidence in the record to support the licensee's argument that - simply because the vodka was mixed with Jell-O mix - it lost its character as an alcoholic beverage.”

Lockard added in this context, from a bar which sells very little food, “it would entirely subvert the intent of the Alcoholic Beverage Control statute,” if an establishment could simply mix alcohol with food and sell it without age requirements.

Neither Martin Maynes, the manager, Victoria Wittgraf, a co-owner of the bar, nor her husband George Wittgraf II - The Union's Attorney - were available for comment Monday.

The bar has until Feb 24. to appeal the decision.