Alcohol Compliance Civil Penalty for Alcohol License Holder - Sam's Club Copyright 2014
City of Dubuque Consent Items # 27.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder - Sam's Club
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Sam's Club #4973, 4400
Asbury Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Sam's Club Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
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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, Sam's Club #4973
DATE: March 23, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Sam's Club #4973, 4400 Asbury Road.
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
March 11 , 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Sam's Club #4973
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Sam's Club #4973.
BACKGROUND
Sam's Club #4973 has a liquor license for its establishment at 4400 Asbury Road in the
City of Dubuque. On January 30, 2015 the Dubuque Police Department did an alcohol
compliance check at Sam's Club #4973 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. Sam's Club #4973 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. Sam's Club #4973 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
•
RE: Sam's Club #4973
4400 Asbury Road
Dubuque, IA 52002
Sam's West, Inc.
702 S.W. 8t" Street
Bentonville, AR 72716-0500
1, ,,a0250. , on behalf of Sam's Club #4973, hereby knowingly
and voluntarily acknowledge that:
a) Sam's Club #4973 received the notice regarding the above referenced
case.
b) Sam's Club #4973 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Sam's Club #4973 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Sam's Club #4973 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 §4-2B-16.
Sam's Club #4973 has a liquor license for 4400 Asbury Road. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
January 30, 2015 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Sam's Club #4973 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-
2B-16, Sam's Club #4973 chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Sam's Club #4973
Si ature
Signature
Name — Please Print Name — Please Print
001- 015.3/5"
Date
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 Sam's Club #4973 to the
City of Dubuque — Police Department.
PASSED AND APPROVED this 6th day of April
Attest:
2015
ta LI/
Roy D. Buoy, Mayor
Kevin Firnstahl, City Clcrk
Trish L. Gleason, Assistant City Clerk