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HomeMy WebLinkAboutA031 - Liquor Licenses Eligible for RenewalTo:Mayor John Haila and Ames City Council Members From:Lieutenant Tom Shelton, Ames Police Department Date:March 31, 2025 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 36 MEMO The following licenses are eligible for renewal: a. Perfect Games Inc., 1320 Dickinson Avenue, Class C Retail Alcohol License with Catering Privilege and Outdoor Service, Pending Dramshop Review b. Provisions Lot F, 2400 North Loop Dr., Class C Retail Alcohol License with Catering Privilege and Outdoor Service, Pending Dramshop Review c. Hy-Vee Fast and Fresh #2, 636 Lincoln Way, Class E Retail Alcohol License d. Cyclone Experience Network - Hilton Coliseum, Class C Retail Alcohol License with Catering Privilege and Outdoor Service A review of police records for the past 12 months found no liquor law violations for Provisions Lot F, Hy-Vee Fast and Fresh #2, or Cyclone Experience Network (Hilton Coliseum). The Police Department recommends the license renewal for these businesses. The Iowa Department of Revenue denied the renewal application for Perfect Games. The following grounds were found to warrant denial of the application: "The failure of the majority owner of record, Carl Markley, to meet the standards of “good moral character”. See Iowa Code §§ 123.3(40), 123.30(1)(a), 123.31(2)(b)." Because the Department of Revenue has denied the application, the Police Department recommends denying the renewal application. ATTACHMENT(S): LC0036896 Perfect Games GMC Denial Final.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 1 April 4, 2025 Perfect Games, Inc. d/b/a Perfect Games, Inc. 1320 Dickinson Avenue Ames, IA 50014 RE: Denied Renewal Application Class “C” Retail Alcohol License No. LC0036896 Docket No. D-2025-00034 Dear Licensee, The Iowa Department of Revenue (“Department”) received your renewal application for a class “C” retail alcohol license that was approved by the local authority on April 10, 2024. This letter constitutes official notice that the Department has denied your renewal application for your retail alcohol license. The following grounds were found to warrant denial of your application: The failure of the majority owner of record, Carl Markley, to meet the standards of “good moral character”. See Iowa Code §§ 123.3(40), 123.30(1)(a), 123.31(2)(b). An applicant for a retail alcohol license or beer or wine permit—including all owners of record—must be a person of “good moral character.” See Iowa Code §§123.30(1)(a), 123.31(2)(b). A person of “good moral character” is one who has such financial standing and good reputation as will satisfy the Director that the person will comply with all of the laws, ordinances, and regulations applicable to the person’s operations. See Iowa Code § 123.3(40); Iowa Admin. Code r. 185 — 4.2(4). A person of “good moral character” is one who has not been convicted of a felony. However, if the person has been convicted of a felony and the person’s conviction occurred more than five years before the date of application for a license or permit with rights of citizenship restored, the Director may determine that the person has good moral character notwithstanding such conviction. On March 24, 2025 the United States District Court for the Southern District of Iowa entered judgment on Carl Dale Markley’s plea of guilty to 15 felony counts of sex trafficking by fraud and coercion in USA v. Markley, SDIA Case #: 4:23-cr-00142. Now being a convicted felon, owner Carl Markley no longer qualifies as a person of good moral character eligible to hold a retail alcohol license in Iowa. 2 Page 2 of 2 As a result, the Department has formally denied your class “C” retail alcohol license renewal application. You may appeal the denial of your application by filing a written Notice of Appeal within thirty days from your receipt of this letter. Your appeal must be forwarded to Administrative Actions Unit of the Iowa Department of Revenue, 1918 SE Hulsizer Road, Ankeny, Iowa 50021. If you appeal this matter, an administrative hearing will be scheduled as soon as possible. Please feel free to contact me at 515-281-7400 with any questions. Sincerely, ______________________________________ Lisa Gibson Director’s Designee Iowa Department of Revenue 1918 SE Hulsizer Road Ankeny, Iowa 50021 Copies to: John Lundquist, Assistant Attorney General City of Des Moines Mailing Contact Information Administrative Actions Iowa Department of Revenue Attn: Scherael Thurston-Shell 1918 SE Hulsizer Road Ankeny, Iowa 50021 Email Contact Information - AdminActions@iowa.gov 3