Following its fifth violation for selling alcohol to a minor, Cy’s Roost may have its liquor license revoked for 90 days or more.

Margaret LaMarche, the administrative law judge who heard the case July 16, proposed a 90-day suspension to begin Oct. 29 at 6 a.m., unless appeals are filed by the city of Ames or Patrick Greene, owner of Cy’s Roost, 121 Welch Ave.

Greene’s attorney, Dan Gonnerman, said he and his client will not appeal, but they are aware that the city will.

“No one’s happy to have their business shut down for 90 days, but we are satisfied with the results,” Gonnerman said. “I suppose [the 90 day revocation] is an appropriate compromise.”

However, the city of Ames, which originally asked the state’s Alcoholic Beverages Division to revoke the liquor license for two years, will appeal LaMarche’s decision.

The decision to appeal will be made by the City Attorney’s Office, Ames Police Chief Loras Jaeger, City Manager Steve Schainker and Mayor Ted Tedesco.

Jaeger said there was a general consensus for the city to appeal.

“Our feelings are that the penalty on this particular case did not fit, based on the violation,” Jaeger said. “There’s a sequence to violations, and there are escalating penalties.”

He said under law, the revocation in this particular case should have been two years.

Judy Parks, assistant Ames city attorney, also said a longer sanction should be enforced.

“The violation was found, and we feel that the original amount of time was appropriate based on their past record of violations,” she said.

Cy’s Roost also was accused of bootlegging three times.

LaMarche was able to sentence a 90-day revocation instead of a longer one, because no criminal conviction was made, Parks said.

Gonnerman said he felt the punishment was lowered after recognition of Greene’s efforts to prevent further violations.

“Obviously, when you have an employee, you’re responsible for their actions,” Gonnerman said. “Pat has instilled in them the importance of IDing and that they can’t violate the rules.”

Greene owns Blue Jeans Forever, which includes Cy’s Roost & Don’s Deli and the Lost and Found Lounge, 121 1/2 Welch Ave.

The Feb. 26, 2001, citation for selling to a minor – the fifth since 1999 – will probably be the last under Greene’s ownership, as he plans to sell the businesses.

“The aspects of the agreement hinge upon whether the city appeals,” Gonnerman said. “But regardless of what happens, the bars will be sold.”

He said the primary reason for Greene’s decision to sell the bars is past violation problems.

“I would assume the main reason is that he has incurred these violations, and it’s very difficult to operate a business with these past violations looming,” Gonnerman said. “And there’s the publicity and knowing that that one of your employees making an error in judgment can cost you your business.”

Gonnerman said he and Greene are waiting for the city to appeal. He said they would like to meet with city personnel before a decision is reached, so Greene may sell his businesses. The city has until Oct. 18 to file an appeal.

Parks said they would be more than willing to speak with Gonnerman and Greene.