Alcohol Compliance Civil Penalty for Alcohol License Holder — Casey's General Store #2420 Copyright 2014
City of Dubuque Consent Items # 40.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Casey's
General Store
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Casey's General Store
#2420, 2699 Rockdale Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Casey's#2420 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 — Casey's General Store #2420
DATE: June 24, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Casey's General Store #2420, 2699 Rockdale 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
June 17, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Casey's General Store #2420
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Casey's General Store #2420.
BACKGROUND
Casey's General Store #2420 has a liquor license for its establishment at 2699
Rockdale Road in the City of Dubuque. On May 5, 2015 the Dubuque Police
Department did an alcohol compliance check at Casey's General Store #2420 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. Casey's General Store #2420 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. Casey's General Store #2420 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: Casey's General Store #2420
2699 Rockdale Road
Dubuque, IA 52003
Casey's Marketing
PO Box 3001
Ankeny, IA 50021-8045
1, Claire R. Mattan, Legal Counsel , on behalf of Casey's General Store #2420, hereby
knowingly and voluntarily acknowledge that:
a) Casey's General Store #2420 received the notice regarding the above
referenced case.
b) Casey's General Store #2420 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #2420 waives a hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2420 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.
Casey's General Store #2420 has a Iiquor license for 2699 Rockdale Road. Violation of
the Iiquor license occurred as follows:
Violation Date Violation Type Violation Number
May 5, 2015 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Casey's General Store #2420 is subject to the following:
1) A five hundred dollar ($500.00) fine
OR
2) A fourteen (14) day suspension of the Iiquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Casey's General Store #2420 chooses one of the following penalties:
Five hundred dollar ($500.00) fine
n Fourteen (14) day liquor license suspension
Casey's General Store #2420
Signature Signature
Claire R. Mattan, Legal Counsel
Name — Please Print
06/15/2015
Date
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 Casey's General Store
#2420 to the City of Dubuque — Police Department.
PASSED AND APPROVED this/day of / , 20
Attest:
Kevin( irnstahi, City Cler
Roy D. Buot Mayor