Alcohol Compliance Civil Penalty for Alcohol License Holder— Pizza Hut Copyright 2014
City of Dubuque Consent Items # 24.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Pizza Hut
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Pizza Hut #4691 , 320
East 20th Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Pizza Hut Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Supporting Documentation
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 — Pizza Hut#4691
DATE: April 10, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Pizza Hut #4691, 320 East 20th Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
April 8, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Pizza Hut #4691
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Pizza Hut #4691 .
BACKGROUND
Pizza Hut#4691 has a liquor license for its establishment at 320 East 20th Street in the
City of Dubuque. On February 17, 2015 the Dubuque Police Department did an alcohol
compliance check at Pizza Hut #4691 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. Pizza Hut#4691 has chosen a fourteen (14)
day liquor license suspension and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Pizza Hut #4691 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: Pizza Hut #4691
320 East 20th Street
Dubuque, IA 52001
NPC International, Inc.
720 West 20th Street
Pittsburg, KS 66762
1, itAtxYld Spiers
voluntarily acknowledge that:
, on behalf of Pizza Hut #4691, hereby knowingly and
a) Pizza Hut #4691 received the notice regarding the above referenced case.
b) Pizza Hut #4691 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Pizza Hut #4691 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Pizza Hut #4691 understands that this penalty 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.
Pizza Hut #4691 has a liquor license for 320 East 20th Street. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
February 17, 2015 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Pizza Hut #4691 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, Pizza Hut #4691 chooses the following penalty:
Five hundred dollar ($500.00) fine
Fourteen (14) day liquor license suspension
The suspension of the liquor license must be served as follows:
Tuesday, April 21, 2015 through and including Monday, May 4, 2015
Total: Fourteen (14) days
Pizza Hut #4691
Ackg,
Signature Signature
IIA&Vtok S'p QXS
Name — Please Print Name — Please Print
LE' $ 'IS
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 suspension of the liquor license be served as outlined.
PASSED AND APPROVED this 20thday of Apr i1 , 20 15
Attest:
KeviKFirnstaahl, City Cld'r
Fl et_ a Lwu
R
Karla A. Braig, Mayor Pro Tem