MITCHELL -- Barring any appeals, a Mitchell bar will be without a liquor license for a week during May, a penalty for allegedly conducting an illegal NASCAR gambling pool.

However, at least one county official is questioning the severity of the penalty.

"It's not fair; it's just not right," said Supervisor Stan Walk, who added that lesser penalties were meted out for violations far more severe.

State officials say Mick Comisky, owner of the Town Pump, did not properly post rules of the game or keep the information on a required grid sheet.

The complaint, filed in November, said Comisky knowingly possessed or controlled an illegal gambling device and engaged in illegal gambling. Although he had a gaming license for the pool, the rules infractions resulted in illegal gambling charges.

Walk said the law is wrong, and legislators need to change it.

"Convenience stores who sell liquor to minors pay a $500 fine and never get shut down," he said. "In my mind, that (selling to a minor) would be far worse. These large companies get away with just paying a fine and the small bar owner loses his license for just not having a grid. That makes no sense."

Walk is a former bar owner who has appeared before the Iowa Alcoholic Beverages Division on different issues. In 2003, he was charged with allowing illegal gambling in the Rock Falls Lounge, which he owned, but the charges were dismissed.

Lynn Walding, administrator of the Iowa Alcoholic Beverages Division, said the law governing sale of alcohol to minors is set by statute. The law governing gambling in bars gives the division more discretion in deciding penalties.

Walding said the administrative law judge departed from regular guidelines by only ordering a seven-day liquor license revocation. Normal suspension of operation is 21 days.

"There are mitigating circumstances present in this case," wrote Margaret LaMarche, the administrative law judge for the Department of Inspections and Appeals, who heard the case on March 12 and offered her ruling on March 16.

"The licensee had a valid social gambling license and complied with many of the requirements … with the noted exceptions of the required grid format and posting the rules.

'Unlike gambling violations involving mechanical or electrical amusement devices, there is no evidence that the licensee realized any monetary profit from offering the NASCAR pool to his customers. Under the circumstances, the 21-day suspension of the liquor license is excessive."

Still, the ruling could be appealed by Comisky. When contacted Friday, he said he had not decided on an appeal.

Walding also has the authority to modify the judge's decision on a penalty if he chooses to do so in the next 30 days.

The investigation at the Town Pump was conducted in August 2006 by the Iowa Department of Public Safety. Two Iowa State Patrol troopers conducted the bar check upon the request of the division, which had received an anonymous handwritten complaint.

Sgt. Richard Pierce saw a white bucket which contained matchbooks, each with a number written on it. Comisky said each customer who wanted to enter the pool paid $1 and picked a matchbook. Their names were added to a list. All money was paid back in winnings.

Comisky said during the hearing he had never heard of the requirements regarding a grid and rules posting.

Contact Deb Nicklay at (641) 421-0531 or deb.nicklay@globegazette.com.