Alcohol Compliance - Civil Penalties for Alcohol License HoldersTHE CITY QF
DUB E
1Vlasterpieee on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Alcohol Compliance -Civil Penalty for Alcohol License Holders
DATE: December 6, 2008
Dubuque
~~~ ~
2007
Chief of Police Kim Wadding is recommending City Council consideration to accept and
approve the Acknowledgement/Settlement Agreements for a first offense alcohol
compliance violation for EI Paisano Grocery Store, 1543 Central Avenue, and Isabella's
at the Ryan House, 1375 Locust Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~L~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
• THE CTTY OP ~ _,~
DUB E
Mastc:rpiecc nn the Mississippi
DATE: December 2, 2008
MEMORANDUM
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding ~~~'~- J
Police Chief
RE: Alcohol Compliance -Civil Penalty for Alcohol License Holders
INTRODUCTION:
The purpose of this memorandum is to administer the civil alcohol compliance violation
penalty regarding Iowa Code § 123.49 (h) to the following businesses for selling alcohol to
an underage person: first offense violation to EI Paisano Grocery Store, 1543 Central
Avenue and Isabella's at the Ryan House, 1375 Locust Street.
BACKGROUND:
The Dubuque Police Department continues to work toward the prevention of alcohol sales
to underage youth by completing alcohol compliance checks to area businesses. The
compliance checks employ underage youth supervised by Dubuque Police Officers to
confirm area businesses are not selling alcohol products to underage persons. The
compliance check consists of the following:
1) An underage youth working with Dubuque Police Officers enters the permit
holder business and requests the purchase of alcohol.
2) The underage youth remains under direct supervision during the compliance
check by the accompanying officers.
3) If asked, the underage youth is instructed to show their true underage
identification to the employee/clerk. Additionally, the underage youth is
instructed to truthfully answer all questions asked by the employee/clerk.
4) If a purchase is made, the youth leaves the business and meets with the officers
at a predetermined location where an accounting of the purchase is completed.
5) Once the youth is away from the business, the investigating officer approaches
the clerk, identifies him or herself and completes the investigation. In most cases
this results in issuing a citation for selling alcohol to an underage youth.
6) Once the employee/clerk has been cited, the officer attempts to contact the
manager or owner telling them of the violation and the possible civil penalties.
7) Upon conclusion of the criminal disposition resulting in a guilty plea or conviction,
initiation of the civil penalty to the business license holder begins. The business
license holder civil penalty includes:
.~
Alcohol Compflance Civil Penalties -Iowa Code §123.5
(a) 1$t Violation: $500 fine or 14-day suspension
(b) 2"d Violation within 2 years: $1,500 fine or 30-day suspension
(c) 3rd Violation within 3 years: $1,500 fine and'60-day suspension
(d) 4t" Violation within 3 years: Revocation
DISCUSSION:
When an alcohol compliance violation occurs and renders a guilty plea, the business
holding the alcohol liquor license receives notice by certified mail of the violation. The
notice includes notification of the allegation, a hearing complaint with court documentation
of the plea, and an Acknowledgement/Settlement Agreement. The Acknowledgement/
Settlement Agreement allows the license holder to settle the matter prior to a formalized
hearing. If the license holder wishes to decline the public hearing, the license holder
acknowledges the violation, signs and returns the Acknowledgement/Settlement
Agreement along with the appropriate fine payment.
The following license holders have received notification by certified mail of an alcohol
compliance violation for selling alcohol to an underage person. As a result, EI Paisano
Grocery Store, 1543 Central Avenue and Isabella's at the Ryan House, 1375 Locust Street
has submitted payment and the Acknowledgement/Settlement Agreement acknowledging a
first offense alcohol compliance violation.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for EI Paisano
Grocery Store, 1543 Central Avenue and Isabella's at the Ryan House, 1375 Locust Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for EI Paisano
Grocery Store, 1543 Central Avenue and Isabella's at the Ryan House, 1375 Locust Street.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
I N RE:
EI Paisano Grocery Store
1543 Central Avenue
Dubuque, IA 52001
On this 15th day of December, 2008 in lieu of a public hearing on the matter, the
Inocente Rubio
961 Bluff Street
Dubuque,lA 52001
ORDER ACCEPTING
ACKNOWLEDGEMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
Dubuque City Council approves the attached Acknowledgement/Settlement Agreement
between the above-captioned permittee and the City of Dubuque.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has remitted to the City of Dubuque a civil penalty in the amount of five
hundred dollars ($500.00). Be advised that this sanction will count as a first violation of
Iowa Code 123.49, subsection 2, paragraph "h", pursuant to Iowa Code section 123.50,
subsection 3, paragraph "a". IT IS THEREFORE ORDERED that the judgment in this
matter is hereby satisfied.
PASSED AND APPROVED this 15th day of December 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE: Isabella's at the Ryan House
Isabella's 1375 Locust Street
1375 Locust Street Dubuque, IA 52001
Dubuque, IA 52001 ORDER ACCEPTING
ACKNOWLEDGEMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 15th day of December, 2008 in lieu of a public hearing on the matter, the
Dubuque City Council approves the attached Acknowledgement/Settlement Agreement
between the above-captioned permittee and the City of Dubuque.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has remitted to the City of Dubuque a civil penalty in the amount of five
hundred dollars ($500.00). Be advised that this sanction will count as a first violation of
Iowa Code 123.49, subsection 2, paragraph "h", pursuant to Iowa Code section 123.50,
subsection 3, paragraph "a". IT IS THEREFORE ORDERED that the judgment in this
matter is hereby satisfied.
PASSED AND APPROVED this 15th day of December 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk