Sgt. Pepper’s applies for liquor license after bootlegging

Sgt. Peppers on Welch Ave. sits closed due to failing to have a liquor license. Photo: Molly McKernan/Iowa State Daily

Molly McKernan

Sgt. Peppers on Welch Ave. sits closed due to failing to have a liquor license. Photo: Molly McKernan/Iowa State Daily

Heidi Ebert —

The Ames City Council will vote Tuesday to approve Sgt. Pepper’s request for a class-C liquor license after recent bootlegging violations.

Sgt. Pepper’s, 116 Welch Ave.,  was recently closed for 30 days as a result of selling liquor without the correct license. The suspension lasted from Dec. 18 to Jan. 17, said Mike Brennan, Ames police commander.

“Basically what happened was they had a license permit from the state to sell beer and wine, but they were selling hard liquor,” Brennan said.

According to the Iowa Alcoholic Beverages Division , “Selling liquor, wine, beer and other alcoholic beverages without a license is bootlegging.”

Sgt. Pepper’s has received three on-premises violations and one possession of alcohol underage in its history, according to a memo from the Ames Police Department to Mayor Ann Campbell.

In January of 2008, Sgt. Pepper’s applied for and was granted an alcoholic beverages license, which allowed it to sell beer and wine, but not liquor, according to a letter sent from Assistant City Attorney Judy Parks to Campbell and the Ames City Council.

The license Sgt. Pepper’s needed to sell liquor was a class-C liquor license.

According to the Iowa Alcoholic Beverages Division, a class-C liquor license “allows commercial establishments to sell liquor, wine, beer and wine coolers for on premises consumption. Also allows carry-out sales of beer and wine coolers in original unopened containers.”

Because Sgt. Pepper’s was selling liquor without a proper license, they were found in violation by the city.

“On Wednesday, November 19, 2008, the city sanitarian, while conducting a routine food service inspection at this business, observed that the bar had a full line of liquor and had signage indicative of selling liquor. Ames Police confirmed this at the time when the bar was open, and also confirmed that their license did not allow any liquor sales,” according to the letter from Parks.

Jason Krull, a bartender at Sgt. Pepper’s at the time, said after this violation, Sgt. Pepper’s removed all hard liquor and served beer and wine only.

In November of 2008, Augustin Mendez, the owner of Sgt. Pepper’s, applied for the correct class-C liquor license.

Then, on Nov. 25, the Ames City Council approved Mendez’s request for the class-C liquor license. After the approval, the request was sent back to the state to complete the approval.

“The City communicated to [Alcoholic Beverages Division] its approval on Wednesday, November 26. Due to the Thanksgiving holidays, the license was not issued by ABD before the close of business on November 26,” according to the letter.

On Nov. 26, Sgt. Pepper’s began selling hard liquor again, which the city became aware of on Dec. 1. Sgt. Pepper’s removed all of its hard liquor once more.

Because of this second violation, Sgt. Pepper’s and the city negotiated “a settlement agreement pursuant to which the new license would be issued, but the business’ alcohol sale privileges pursuant to that license were to be suspended 30 days,” according to the letter.

The agreement also required that the license approved by the council on Nov. 25 be backdated to Jan. 23, which requires Sgt. Pepper’s to get a new license for 2009.

On Tuesday, the City Council will vote on whether to approve the liquor license for 2008.

When: 7 p.m. Tuesday

Where: City Hall, 515 Clark Ave.