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IN THE SUPREME COURT OF IOWA
No. 40 /04-1914 Filed April 14, 2006 IOWA GROCERY INDUSTRY ASSOCIATION, Appellee, vs. CITY OF DES MOINES, Appellant. ________________________________________________________________________ Appeal from the Iowa District Court for Polk County, Robert L. Blink, Judge.

City

appeals

district

court

decision

declaring

a

municipal

ordinance which imposed administrative fees on liquor license and beer and wine permits illegal. AFFIRMED.

Mark Godwin, Des Moines, for appellant.

John F. Lorentzen of Nyemaster, Goode, West, Hansell & O'Brien, P.C., Des Moines, for appellee.

2 STREIT, Justice. Arguments over government fees concerning liquor have swirled in a cocktail of political debate since the Whiskey Rebellion in 1794. 1 Iowa grocers complain the administrative fees being charged by Des Moines on liquor licenses are illegal. The defendant, the City of Des Moines,

appeals from the district court's judgment declaring a municipal ordinance imposing administrative fees on liquor licenses and beer and wine permits illegal. The City claims the district court erred when it

determined the Iowa Alcoholic Beverage Control Act conflicts with, and thereby preempts the administrative fee ordinance. Because we find the ordinance conflicts with the statutory scheme created for application fees, we affirm. I. Facts and Prior Proceedings The plaintiff, the Iowa Grocery Industry Association (hereinafter "IGIA"), is a group of grocers, some of which operate grocery stores within the City of Des Moines. Pursuant to the statutory scheme provided by the Iowa Alcoholic Beverage Control Act (hereinafter "the Act"),

applications for liquor licenses and beer and wine permits are filed with the local authority, which in this case is the Des Moines City Council. Iowa Code

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