State v. Hy-Vee, Inc.

Hy-Vee, Inc. (Hy-Vee) appeals its conviction of selling alcoholic beverages to an underage patron under Iowa Code section 123.49(2)(h) and section 123.50(1) (Supp. 1997). Because we find the later statute unconstitutional, we reverse.

Background facts. On May 13, 1998, an employee of a Hy-Vee grocery store in Dubuque sold alcohol to two minors. According to Iowa Code section 123.49(2)(h), a person shall not:

[s]ell ... any alcoholic beverage, wine or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age....

This code section has…