(Des Moines)– A new development in the ongoing legal saga beetween the city of Okoboji and Butch Parks.
The Administrator of the Iowa Alcoholic Beverages Division has upheld the Okoboji City Council’s denial of a class “C” beer and class “B” wine permit for the cove, immediately adjacent to Okoboji Boat Works.
In his order dated Wednesday, Division Administrator Lynn Walding says the burden of proof to demonstrate all statutory requirements and local ordinances are met in order to hold a permit is up to the applicant. Walding states that in this case, the burden of proof was not established.
Likewise, Walding states he doesn’t believe the Iowa Alcoholic Beverages Division has the appropriate authority to resolve the question of whether the sale of beer and wine for off premises consumption is permitted under the city’s zoning ordinance and what usses are permitted by a special use permit for the cove. Walding says those issues should be resolved by the court, not the division, adding the applicant, Butch Parks, can appeal the division’s order to district court.
