Alcohol Compliance Civil Penalty for Alcohol License Holder — Aldi, Inc. Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Aldi, Inc.
#80
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Aldi, Inc. #80, 2160
Holliday Dr.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Aldi Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Aldi, Inc. #80
DATE: December 28, 2014
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Aldi, Inc. #80, 2160 Holliday Drive.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
December 29, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Aldi, Inc. #80
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Aldi, Inc. #80.
BACKGROUND
Aldi, Inc. #80 has a liquor license for its establishment at 2160 Holliday Drive in the City
of Dubuque. On October 23, 2014 the Dubuque Police Department did an alcohol
compliance check at Aldi, Inc. #80 and an employee sold alcohol to underage youth
compliance monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way. Aldi, Inc. #80 has chosen a five hundred
dollar ($500.00)fine and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Aldi, Inc. #80 was provided the schedule and selected their choice of penalty.
The City Legal Department and the Police Department have reviewed the agreement
and concur with the requirements.
ACTION REQUESTED
City Manager review, City Council approval, and Mayor Buol signature of the attached
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
S'o
RE: Aldi, Inc #36 Aldi, Inc
2160 Holliday Drive 9342 S 13th Street
Dubuque, IA 52001 Oak Creek, WI 53154
l i
on behalf of Aldi, Inc #317, hereby knowingly and
voluntarily acknowledge that:
a) Aldi, Inc##30 received the notice regarding the above referenced case.
Jr,'�G
b) Aldi, Inc #3"0 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Aldi, Inc #3�0 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Aldi, Inc #30 understands that this violation will count as an official "First
Violation —Alcohol Compliance" of City of Dubuque Code of Ordinances §4-2A-3,
pursuant to Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-213-
16.
Aldi, Inc #30 has a liquor license for 2160 Holliday Drive. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
October 23, 2014 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Aldi, Inc #30 is subject to the following:
1) A five hundred dollar ($500.00) fine
OR
2) A fourteen (14) day suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
28-16, Aldi, Inc #30 chooses one of the following penalties:
®' Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Aldi, Inc #$0
Signature Signatu
rTho PA/
Name — Please Print.
Date
VV I.c V Qc,l h
Name - Please Print
Date
NOTE: This must be signed by an individual alcohol licensee, or in the case of another business entity, by
individual(s) who have authority to bind the entity.
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Aldi, Inc #30 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this day of , 20 6.
Roy D. Buol, ayor
Attest:
Kevin-Firnstaft -City Ierk
Trish L. Gleason, Assistant City Clerk