City of Des Moines v. Reisman

Smith, J.-

Section 9-28 of the 1954 Des Moines Municipal Code provides in part: “* * * it shall be unlawful for a person under twenty-one years of age to be in, or for any person to permit a person under the age of twenty-one years to be in, a place where beer is sold unless the major portion of the business conducted by the permit holder is other than the sale of beer and the sale of beer is merely incidental thereto.” (Emphasis supplied.)

Defendant was on July 14, 1956, in a tavern on East Thirtieth Street in the City of Des Moines, with two companions who so testified upon trial of defendant…