(Okoboji)– Another setback for the city of Okoboji in its ongoing series of legal battles with businessman Butch Parks.
A district court judge has ruled the city and Alcoholic Beverages Division were wrong in denying a class “C” beer and class “B” wine permit allowing for carryout sales at “The Cove”, adjacent to Okoboji Boat Works which Parks also owns.
The city denied Parks’ application back on June 6th, 2006, citing zoning issues and terms of a special use permit. Parks appealed to the Alcoholic Beverages Division. An Administrative Law Judge reversed the city’s denials. The city appealed, and the administrator of the Alcoholic Beverages Division reversed the ruling, denying the permits. Parks appealed that action to district court.
In his ruling, Judge David Lester states the findings by the Alcoholic Beverages Division were not supported by substantial evidence. He cites the fact the city granted Okoboji Boats an off-premises beer permit since the 1970’s. The judge says that demonstrates the city has believed the more restrictive Okoboji Boats special use permit allowed such activity. The ruling goes on to say that since the Cove’s permit is more expansive, there is little question that the sale of beer and wine for off-premises consumption IS permitted under its special use permit.
The latest ruling hinges somewhat on the outcome of a case currently before the Iowa Supreme Court involving the city and Parks. The judge’s ruling states that should the Supreme Court issue an opinion that makes the sale of beer and wine from the Cove property for off premises consumption a violation of the existing special use permit, or should Parks violate terms of the permit, that the city could then revoke the beer and wine permits.
Until then, though, the district judge says it’s contrary to existing law for the city and Alcoholic Beverages Division to deny the permits.
